By: Nichols, et al. S.B. No. 621
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of the regulation of plumbing to the Texas
  Department of Licensing and Regulation, following recommendations
  of the Sunset Advisory Commission; requiring an occupational
  license; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1301.002, Occupations Code, is amended
  by amending Subdivisions (1), (1-a), (1-b), (2), (3), (4), (5),
  (6), (8), (9), (10), and (11) and adding Subdivisions (1-c) and
  (7-a) to read as follows:
               (1)  "Advisory board" ["Board"] means the Texas [State
  Board of] Plumbing Advisory Board established under Subchapter C
  [Examiners].
               (1-a)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-b)  "Control valve" means a valve that operates each
  time water is supplied to, or shut off from, a receptacle or
  plumbing fixture.  The term does not include a stop valve that may
  be installed in the water supply branch to the control valve.
               (1-c)  "Department" means the Texas Department of
  Licensing and Regulation.
               (2) [(1-b)]  "Executive director" means the executive
  director of the department [Texas State Board of Plumbing
  Examiners].
               (3)  "Drain cleaning" [(2)  "Drain cleaner"] means [a
  person who]:
                     (A)  installing [has completed at least 4,000
  hours working under the supervision of a responsible master plumber
  as a drain cleaner-restricted registrant;
                     [(B)     has fulfilled the requirements of and is
  registered with the board; and
                     [(C)  installs] cleanouts and removing [removes]
  and resetting [resets] p-traps to eliminate obstructions in
  building drains and sewers under the supervision of a [responsible]
  master plumber; or
                     (B)  clearing[.
               [(3)     "Drain cleaner-restricted registrant" means a
  person who:
                     [(A)     has worked as a plumber's apprentice under
  the supervision of a responsible master plumber;
                     [(B)     has fulfilled the requirements of and is
  registered with the board; and
                     [(C)  clears] obstructions in sewer and drain
  lines through any code-approved existing opening under the
  supervision of a [responsible] master plumber.
               (4)  "Journeyman plumber" means a person licensed under
  this chapter who:
                     (A)  has met the qualifications for registration
  as a plumber's apprentice or for licensing as a tradesman
  plumber-limited license holder;
                     (B)  has completed at least 8,000 hours working
  under the supervision of a [responsible] master plumber;
                     (C)  installs, changes, repairs, services, or
  renovates plumbing or supervises any of those activities under the
  supervision of a [responsible] master plumber;
                     (D)  has passed the required examination; and
                     (E)  has fulfilled the other requirements of the
  commission [board].
               (5)  "Master plumber" means a person licensed under
  this chapter who:
                     (A)  is skilled in the design, planning, and
  superintending of plumbing and in the practical installation,
  repair, and servicing of plumbing;
                     (B)  has worked as a journeyman plumber:
                           (i)  for at least four years; or
                           (ii)  for at least one year and has
  successfully completed a training program approved by the United
  States Department of Labor Office of Apprenticeship or another
  nationally recognized apprentice training program accepted by the
  commission [board];
                     (C)  performs or supervises plumbing work;
                     (D)  has passed the required examination; and
                     (E)  has fulfilled the other requirements of the
  commission [board].
               (6)  "Plumber's apprentice" means a person other than a
  master plumber, journeyman plumber, or tradesman plumber-limited
  license holder who:
                     (A)  [,] as the person's principal occupation,
  learns about and assists in the installation of plumbing, including
  drain cleaning and residential utilities installation;
                     (B)  has fulfilled the requirements of the
  commission and is registered by the department;[board,] and
                     (C)  works under the supervision of a
  [responsible] master plumber [and the direct supervision of a
  licensed plumber].
               (7-a)  "Plumbing contractor" means a person licensed as
  a plumbing contractor under this chapter who:
                     (A)  is a master plumber, or employs a master
  plumber, for the purpose of offering and performing plumbing work
  that will be performed or supervised by the master plumber;
                     (B)  is authorized to obtain permits for plumbing
  work;
                     (C)  assumes responsibility for plumbing work
  performed for compensation paid to the person; and
                     (D)  has submitted a certificate of insurance as
  required by Section 1301.3576.
               (8)  "Plumbing inspector" means a person who:
                     (A)  is employed by a political subdivision or
  state agency, or contracts as an independent contractor with a
  political subdivision or state agency, to inspect plumbing in
  connection with health and safety laws, including ordinances, and
  plumbing and gas codes;
                     (B)  has passed the required examination; and
                     (C)  has fulfilled the other requirements of the
  commission [board].
               (9)  "Residential utilities installation"
  ["Residential utilities installer"] means constructing and
  installing [a person who:
                     [(A)     has completed at least 2,000 hours working
  under the supervision of a master plumber as a plumber's
  apprentice;
                     [(B)     has fulfilled the requirements of and is
  registered with the board; and
                     [(C)  constructs and installs] yard water service
  piping for one-family or two-family dwellings and building sewers
  under the supervision of a [responsible] master plumber.
               (10)  "Tradesman plumber-limited license holder" means
  a person who:
                     (A)  has completed at least 4,000 hours working
  under the direct supervision of a journeyman or master plumber as a
  plumber's apprentice;
                     (B)  has passed the required examination;
                     (C) constructs and installs plumbing for
  one-family or two-family dwellings under the supervision of a
  [responsible] master plumber; and
                     (D)  has fulfilled the other requirements of the
  commission [board].
               (11)  "Water supply protection specialist" means a
  person who holds an endorsement issued by the department [board] to
  engage in:
                     (A)  customer service inspections, as defined by
  rule of the Texas Commission on Environmental Quality; and
                     (B)  the installation, service, and repair of
  plumbing associated with the treatment, use, and distribution use
  of rainwater to supply a plumbing fixture or appliance.
         SECTION 2.  Sections 1301.056 and 1301.057, Occupations
  Code, are amended to read as follows:
         Sec. 1301.056.  LAWN IRRIGATION SYSTEMS. A person licensed
  by the department under this chapter [board] is not required to be
  licensed by another board or agency to install or work on a lawn
  irrigation system.
         Sec. 1301.057.  SELF-HELP PROJECT. (a)  A person is not
  required to be licensed under this chapter to perform plumbing,
  limited to the provision of a residential potable water supply or
  residential sanitary sewer connection, for a project that:
               (1)  is in a county a part of which is within 50 miles of
  an international border; and
               (2)  is performed by an organization that:
                     (A)  is certified by the Texas [Natural Resource
  Conservation] Commission on Environmental Quality to provide
  self-help project assistance; and
                     (B)  provides the department [board] with the
  following information before the 30th day before the date the
  project begins:
                           (i)  the exact location of the project;
                           (ii)  the intended duration of the project;
  and
                           (iii)  other information the department
  [board] requires.
         (b)  The department [board] may require under Subsection
  (a)(2)(B)(iii) that the organization provide a post-construction
  report signed by a plumbing inspector stating that the plumbing is
  safe.
         (c)  The department [board] may provide training to an
  organization that provides self-help project assistance under this
  section.
         SECTION 3.  The heading to Subchapter C, Chapter 1301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  TEXAS [STATE BOARD OF] PLUMBING ADVISORY BOARD
  [EXAMINERS]
         SECTION 4.  Section 1301.151, Occupations Code, is amended
  to read as follows:
         Sec. 1301.151.  TEXAS [STATE BOARD OF] PLUMBING ADVISORY
  BOARD [EXAMINERS] MEMBERSHIP. (a)  The Texas [State Board of]
  Plumbing Advisory Board [Examiners] consists of nine members
  appointed by the governor [with the advice and consent of the
  senate] as follows:
               (1)  one member who has at least 10 years' practical
  experience and is licensed as a master plumber;
               (2)  one member who has at least five years' practical
  experience and is licensed as a journeyman plumber;
               (3)  one member who has at least five years' practical
  experience and is licensed as a plumbing inspector;
               (4)  one member who is [has been] a plumbing contractor
  [responsible master plumber for at least five years with at least 10
  years' experience as a licensed journeyman plumber or master
  plumber];
               (5)  one member who is a licensed engineer practicing
  in the field of plumbing engineering;
               (6)  two members who are building contractors with at
  least five years' contracting experience, one of whom is
  principally engaged in home building and one of whom is principally
  engaged in commercial building; [and]
               (7)  one member who is a licensed plumber; and
               (8)  one member [two members] who represents
  [represent] the public.
         (b)  Each member of the advisory board must be a United
  States citizen.
         (c)  Appointments to the advisory board shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         (d)  Chapter 2110, Government Code, does not apply to the
  composition or duration of the advisory board or to the appointment
  of the advisory board's presiding officer.
         SECTION 5.  Section 1301.152, Occupations Code, is amended
  to read as follows:
         Sec. 1301.152.  ELIGIBILITY OF PUBLIC MEMBER [MEMBERS]. A
  person is not eligible for appointment as a public member of the
  advisory board if the person or the person's spouse:
               (1)  is licensed by an occupational regulatory agency
  in the building construction industry;
               (2)  is employed by or participates in the management
  of an agency or business entity related to the building
  construction industry; or
               (3)  has, other than as a consumer, a financial
  interest in a business entity related to the building construction
  industry.
         SECTION 6.  Section 1301.154, Occupations Code, is amended
  to read as follows:
         Sec. 1301.154.  TERMS.  Advisory board [Board] members serve
  staggered six-year terms.
         SECTION 7.  Section 1301.157, Occupations Code, is amended
  to read as follows:
         Sec. 1301.157.  OFFICER [OFFICERS]. [(a)]  The governor
  shall designate a member of the advisory board as the presiding
  officer of the board to serve in that capacity at the pleasure of
  the governor.
         [(b)  The board shall elect a secretary from its membership.]
         SECTION 8.  Section 1301.158, Occupations Code, is amended
  to read as follows:
         Sec. 1301.158.  COMPENSATION [PER DIEM; REIMBURSEMENT]. An
  advisory [(a)  A] board member may not receive compensation [a
  fixed salary] for service on the advisory board.
         [(b)     A board member is entitled to receive a per diem as set
  by the General Appropriations Act for each day the member engages in
  the business of the board.
         [(c)     A board member may not receive reimbursement for travel
  expenses, including expenses for meals and lodging, other than
  transportation expenses. A member is entitled to reimbursement for
  transportation expenses as provided by the General Appropriations
  Act.]
         SECTION 9.  Subchapter C, Chapter 1301, Occupations Code, is
  amended by adding Section 1301.160 to read as follows:
         Sec. 1301.160.  DUTIES OF ADVISORY BOARD. The advisory
  board shall provide advice and recommendations to the department on
  technical matters relevant to the administration and enforcement of
  this chapter, including examinations, licensing qualifications,
  plumbing code requirements, supervision, and continuing education
  requirements.
         SECTION 10.  The heading to Subchapter D, Chapter 1301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D.  DEPARTMENT [EXECUTIVE DIRECTOR AND OTHER BOARD]
  PERSONNEL
         SECTION 11.  Section 1301.202, Occupations Code, is amended
  to read as follows:
         Sec. 1301.202.  CERTAIN PLUMBING EXAMINERS [EXAMINER].
  (a)  If an examination required for the issuance of a license,
  endorsement, or certificate of registration under this chapter
  contains a practical component, the department [The board] shall
  employ or contract with one or more plumbing examiners to
  administer that portion of the examination. [A plumbing examiner
  serves at the will of the board.] A plumbing examiner must:
               (1)  hold a license as a plumber issued under this
  chapter; and
               (2)  be knowledgeable of this chapter and municipal
  ordinances relating to plumbing[; and
               [(3)     be qualified by experience and training in
  plumbing practice].
         (b)  A plumbing examiner shall:
               (1)  examine the fitness and qualifications of a person
  applying to the department [board] for a license as a master
  plumber, journeyman plumber, tradesman plumber-limited license
  holder, or plumbing inspector; and
               (2)  promptly certify the result of the examination to
  the department [board].
         SECTION 12.  Section 1301.203, Occupations Code, is amended
  to read as follows:
         Sec. 1301.203.  FIELD REPRESENTATIVE; INSPECTIONS.
  (a)  The department shall [board may] employ a field representative
  to assist the department [board] in enforcing this chapter and
  rules adopted under this chapter. A field representative must[:
               [(1)  hold a license as a plumber under this chapter;
               [(2)]  be knowledgeable of this chapter and municipal
  ordinances relating to plumbing[; and
               [(3)     be qualified by experience and training in
  plumbing practice].
         (b)  A field representative may:
               (1)  conduct on-site license checks to determine
  compliance with this chapter;
               (2)  investigate consumer complaints [filed under
  Section 1301.303]; and
               (3)  assist municipal plumbing inspectors in enforcing
  this chapter[;
               [(4)     issue citations as provided by Section 1301.502;
  and
               [(5)     in the performance of the field representative's
  other duties under this chapter, check the license, registration,
  or endorsement of a person regulated by the Texas Department of
  Licensing and Regulation in accordance with the memorandum of
  understanding adopted under Section 1301.259 and report any
  noncompliance to that agency].
         (c)  For a department inspection or investigation that
  involves the quality of plumbing work, including whether the
  plumbing work complies with any applicable plumbing code
  requirements, the department shall employ or contract with a person
  who holds a license as a plumber under this chapter to conduct or
  assist in the inspection or investigation.
         SECTION 13.  The heading to Subchapter E, Chapter 1301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E.  [BOARD] POWERS AND DUTIES
         SECTION 14.  Sections 1301.251 and 1301.253, Occupations
  Code, are amended to read as follows:
         Sec. 1301.251.  GENERAL DUTIES [OF BOARD]. The executive
  director or commission, as appropriate, [board] shall:
               (1)  administer this chapter; and
               (2)  adopt and enforce rules necessary to administer
  this chapter, including requirements for the issuance and renewal
  of a license, endorsement, or certificate of registration under
  this chapter[; and
               [(3)     keep a record of each proceeding conducted before
  and action taken by the board].
         Sec. 1301.253.  FEES. The commission [board] shall set fees
  under this chapter in amounts that are reasonable and necessary to
  cover the cost of administering this chapter.
         SECTION 15.  Sections 1301.255(a), (b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The commission [board] shall adopt the following
  plumbing codes, as those codes existed on May 31, 2001:
               (1)  the Uniform Plumbing Code, as published by the
  International Association of Plumbing and Mechanical Officials;
  and
               (2)  the International Plumbing Code, as published by
  the International Code Council.
         (b)  The commission [board] by rule may adopt later editions
  of the plumbing codes listed in Subsection (a).
         (c)  Plumbing installed in an area not otherwise subject to
  regulation under this chapter by a person licensed under this
  chapter must be installed in accordance with a plumbing code
  adopted by the commission [board] under Subsection (a) or (b).
         (d)  In adopting a code for the design, installation, and
  maintenance of a plumbing system under this section, a municipality
  or an owner of a public water system may amend any provisions of the
  code to conform to local concerns that do not substantially vary
  from commission [board] rules or other rules of this state.
         SECTION 16.  Section 1301.262, Occupations Code, is amended
  to read as follows:
         Sec. 1301.262.  CODES [PLUMBING INSPECTOR CODE] OF CONDUCT.
  (a)  The commission [board] by rule shall establish a code of
  conduct for licensed plumbing inspectors. The code of conduct
  shall require a plumbing inspector to enforce this chapter and
  commission [board] rules in a consistent manner across job sites.
         (b)  The commission by rule may establish standards of
  conduct for a holder of a license, endorsement, or certificate of
  registration issued under this chapter.
         SECTION 17.  Subchapter E, Chapter 1301, Occupations Code,
  is amended by adding Section 1301.263 to read as follows:
         Sec. 1301.263.  EXAMINATION ADMINISTRATION AND CONTENT.
  (a)  The department shall recognize, prepare, administer, or
  arrange for the administration of an examination required by this
  chapter.
         (b)  The department shall determine the minimum requirements
  and passing score for an examination required by this chapter.
         (c)  If an examination required by this chapter contains a
  practical component, the practical component must be administered
  by a plumbing examiner as provided by Section 1301.202.
         SECTION 18.  The heading to Subchapter F, Chapter 1301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER F. PRACTICE BY LICENSE HOLDER [CONSUMER INTEREST
  INFORMATION AND COMPLAINT PROCEDURES]
         SECTION 19.  Section 1301.302, Occupations Code, is amended
  to read as follows:
         Sec. 1301.302.  CONTRACT INFORMATION; REQUIRED DOCUMENTS. A
  written proposal, invoice, or contract relating to plumbing
  services performed by or under the direction of a plumber licensed
  under this chapter must contain the name and license number of the
  plumbing contractor [responsible master plumber] and the name,
  mailing address, and telephone number of the department [board].
  The person who performed the services shall give the customer an
  invoice or completed contract document on completion of the job,
  regardless of whether the person charged a fee for performing the
  services.
         SECTION 20.  Subchapter F, Chapter 1301, Occupations Code,
  is amended by adding Section 1301.305 to read as follows:
         Sec. 1301.305.  SUPERVISION RULES; RESPONSIBILITY FOR
  PLUMBING WORK. (a)  The commission by rule shall:
               (1)  require that, for each task involved in plumbing,
  a master plumber:
                     (A)  perform the task; or
                     (B)  provide general or direct supervision of a
  less experienced plumber who performs the task;
               (2)  require that each plumber's apprentice and
  tradesman plumber-limited license holder perform plumbing under
  the direct or general supervision of a more experienced plumber;
               (3)  specify the plumbing tasks that a plumber's
  apprentice or tradesman plumber-limited license holder must
  perform under direct supervision and the plumbing tasks a plumber's
  apprentice or tradesman plumber-limited license holder must
  perform under general supervision;
               (4)  specify the amount of classroom training meeting
  the requirements of Subsection (b), practical plumbing experience,
  or a combination of that training and experience necessary to:
                     (A)  exempt a plumber from the direct supervision
  requirements under this section; and
                     (B)  permit the plumber to perform the plumbing
  under general supervision;
               (5)  require a plumber, other than a master plumber, to
  document the plumber's:
                     (A)  classroom training that meets the
  requirements of Subsection (b); and
                     (B)  practical plumbing experience; and
               (6)  require the plumbing contractor, and supervising
  plumber, if any, to assume responsibility for plumbing performed,
  including the quality of the plumbing and the supervision of less
  experienced plumbers.
         (b)  Notwithstanding the minimum requirements for a
  continuing education program or instructor established under this
  chapter, the commission by rule shall establish minimum
  requirements for classroom training, other than a continuing
  education program under this chapter, that, if successfully
  completed and documented by a plumber, the department shall credit
  toward:
               (1)  the necessary classroom training required to:
                     (A)  exempt the plumber from the direct
  supervision requirements under this section; and
                     (B)  permit the plumber to perform specified
  plumbing tasks under general supervision;
               (2)  the continuing education required under this
  chapter to renew a license, endorsement, or certificate of
  registration, as applicable to the plumber; and
               (3)  the eligibility requirements for a license under
  this chapter, as applicable to the plumber.
         SECTION 21.  Sections 1301.351(a), (a-1), and (c),
  Occupations Code, are amended to read as follows:
         (a)  A person[, other than a responsible master plumber,] may
  not perform or offer to perform [engage in] plumbing for
  compensation unless:
               (1)  the person holds:
                     (A)  a plumbing contractor license; and
                     (B)  the proper license, endorsement, or
  certificate of registration[, or endorsement] required by this
  chapter to perform or supervise the performance of plumbing; [and]
               (2)  the person:
                     (A)  is employed by a plumbing contractor;
                     (B)  performs or supervises the plumbing on behalf
  of the plumbing contractor; and
                     (C)  holds the proper license, endorsement, or
  certificate of registration required by this chapter; or
               (3)  the person offers to perform plumbing and
  contracts with a plumbing contractor for the performance of the
  plumbing [the person's work is supervised and controlled by a
  person licensed under this chapter].
         (a-1)  A person may not act as a plumbing contractor
  [responsible master plumber] unless the person holds the
  appropriate license and meets the applicable requirements [for a
  responsible master plumber] under this chapter.
         (c)  A plumbing contractor [license holder] who is
  supervising and controlling [under Subsection (a)(2)] the work of a
  person engaged in the business of plumbing in the construction of a
  new one-family or two-family dwelling in an unincorporated area of
  the state must have training and management responsibility for, and
  shall review and inspect, the person's work. The plumbing
  contractor [license holder] is not required to provide continuous
  or uninterrupted on-the-job oversight of the person's work.
         SECTION 22.  Subchapter G, Chapter 1301, Occupations Code,
  is amended by adding Section 1301.3515 to read as follows:
         Sec. 1301.3515.  CRIMINAL HISTORY RECORD INFORMATION FOR
  LICENSE ISSUANCE. (a)  The department shall require that an
  applicant for a license submit a complete and legible set of
  fingerprints, on a form prescribed by the executive director, to
  the department or to the Department of Public Safety for the purpose
  of obtaining criminal history record information from the
  Department of Public Safety and the Federal Bureau of
  Investigation.
         (b)  The department may not issue a license to a person who
  does not comply with the requirement of Subsection (a).
         (c)  The department shall conduct a criminal history record
  information check of each applicant for a license using
  information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department by the Department
  of Public Safety, the Federal Bureau of Investigation, and any
  other criminal justice agency under Chapter 411, Government Code.
         (d)  The department may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history record information
  check required under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history record information
  check.
         SECTION 23.  Section 1301.352, Occupations Code, is amended
  to read as follows:
         Sec. 1301.352.  EXAMINATION REQUIRED. The department
  [board] shall issue a license or endorsement as a master plumber,
  journeyman plumber, plumbing inspector, tradesman plumber-limited
  license holder, medical gas piping installation endorsement
  holder, water supply protection specialist, or multipurpose
  residential fire protection sprinkler specialist to a person who
  demonstrates the fitness, competence, and qualifications to
  receive the license or endorsement by passing a uniform, reasonable
  examination.
         SECTION 24.  Section 1301.3522, Occupations Code, is amended
  to read as follows:
         Sec. 1301.3522.  EXAMINATION REVIEW COURSE. (a)  The
  department [board] shall develop a review course in English and
  Spanish to assist license applicants in preparation for each
  license examination offered by the department [board]. If the
  department [board] provides the review course, the department
  [board] may charge a fee to an applicant who applies to take the
  review course.
         (b)  The department [board] may provide the review course
  training materials to private course providers for a fee determined
  by the commission [board].
         SECTION 25.  Section 1301.353, Occupations Code, is amended
  to read as follows:
         Sec. 1301.353.  INSPECTOR CONFLICTS PROHIBITED. The
  department [board] may not issue a plumbing inspector license to a
  person who has a financial or advisory interest in a plumbing
  company.
         SECTION 26.  Sections 1301.354(b), (b-1), (c), (c-1), and
  (d), Occupations Code, are amended to read as follows:
         (b)  A person who has worked as a plumber's apprentice for a
  period established by law or commission [board] rule may apply to
  take an examination for a license as a journeyman plumber or
  tradesman plumber-limited license holder. Before the applicant may
  take the examination, the applicant must complete classroom
  training provided by a department-approved [board-approved]
  instructor in a department-approved [board-approved] training
  program in the areas of health and safety, applicable plumbing
  codes, and water conservation for at least:
               (1)  24 hours if the applicant is applying to take a
  tradesman plumber-limited license holder examination; or
               (2)  48 hours if the applicant is applying to take a
  journeyman plumber examination.
         (b-1)  At the applicant's request, the department [board]
  may credit an applicant under Subsection (b) with a number of hours
  determined by commission [board] rule against the number of hours
  of work experience required to take an examination if the applicant
  has received an associate of applied science degree from a plumbing
  technology program that:
               (1)  includes a combination of classroom and on-the-job
  training; and
               (2)  is approved by the department [board] and the
  Texas Higher Education Coordinating Board.
         (c)  At the applicant's request, the department [board] may
  credit an applicant under Subsection (b) with up to 1,000 hours of
  the work experience required before taking an examination if the
  applicant has completed the classroom portion of a training
  program:
               (1)  approved by the United States Department of Labor,
  Office of Apprenticeship; or
               (2)  provided by a person approved by the department
  [board] and based on course materials approved by the department
  [board].
         (c-1)  At the applicant's request, the department [board]
  may credit an applicant under Subsection (b) with up to 250 hours of
  the work experience required before taking an examination if the
  applicant has completed a coherent sequence of courses in the
  construction trade that are offered through a career and technical
  education program that is approved by the State Board of Education.
         (d)  Notwithstanding the classroom training required by
  Subsection (b), a plumber's apprentice may apply for and take an
  examination for a license as a journeyman plumber or tradesman
  plumber-limited license holder if the apprentice has received an
  associate of applied science degree from a plumbing technology
  program that:
               (1)  includes a combination of classroom and on-the-job
  training; and
               (2)  is approved by the department [board] and the
  Texas Higher Education Coordinating Board.
         SECTION 27.  Section 1301.3541, Occupations Code, is amended
  to read as follows:
         Sec. 1301.3541.  APPRENTICE REGISTRATION REQUIREMENTS. The
  commission [board] by rule may adopt registration requirements for
  plumber's apprentices, including training and education
  requirements.
         SECTION 28.  Sections 1301.356(d) and (e), Occupations Code,
  are amended to read as follows:
         (d)  An endorsement under this section coincides with rules
  adopted by the executive commissioner of the Health and Human
  Services Commission [Texas Department of Health].
         (e)  A plumbing inspector who meets the requirements of the
  commission [board] may hold a medical gas endorsement and inspect
  medical gas piping installations.
         SECTION 29.  Sections 1301.3565(b) and (f), Occupations
  Code, are amended to read as follows:
         (b)  The department [board] shall issue an endorsement as a
  multipurpose residential fire protection sprinkler specialist to a
  person who:
               (1)  holds the license described by Subsection (a);
               (2)  applies to the department [board] on a form
  prescribed by the department [board];
               (3)  pays a fee set by the commission [board];
               (4)  presents evidence satisfactory to the department
  [board] of successful completion of a training program approved by
  the department [board] that provides the training necessary for the
  proper design and installation of a multipurpose residential fire
  protection sprinkler system as required by the applicable codes and
  standards recognized by the state; and
               (5)  passes an examination required by the department
  [board].
         (f)  A plumbing inspector who meets the requirements of the
  commission [board] may inspect a multipurpose residential fire
  protection sprinkler installation.
         SECTION 30.  Section 1301.357(b), Occupations Code, is
  amended to read as follows:
         (b)  The department [board] shall issue an endorsement as a
  water supply protection specialist to a person who:
               (1)  is licensed under this chapter as a master plumber
  or journeyman plumber;
               (2)  applies to the department [board] on a form
  prescribed by the department [board];
               (3)  pays a fee set by the commission [board];
               (4)  presents evidence satisfactory to the department
  [board] of successful completion of a certification program
  approved by the department [board] for water supply protection
  specialists; and
               (5)  passes an examination required by the department
  [board].
         SECTION 31.  Section 1301.3575, Occupations Code, is amended
  to read as follows:
         Sec. 1301.3575.  REGISTRATION OF PLUMBER'S APPRENTICES
  [CERTAIN PERSONS]. The department [board] shall register a person
  who complies with this chapter as a [drain cleaner, drain
  cleaner-restricted registrant, residential utilities installer,
  or] plumber's apprentice.
         SECTION 32.  Section 1301.3576, Occupations Code, is amended
  to read as follows:
         Sec. 1301.3576.  CERTIFICATE OF INSURANCE [AND TRAINING] FOR
  PLUMBING CONTRACTOR [RESPONSIBLE MASTER PLUMBER].  Before a
  plumbing contractor offers or performs plumbing [master plumber
  works as a responsible master plumber], the plumbing contractor
  [master plumber] must[:
               [(1)]  provide the department [board] with a
  certificate of insurance that meets the requirements of Section
  1301.552[; and
               [(2)     present evidence satisfactory to the board of
  successful completion of a training program approved or
  administered by the board regarding the laws and rules applicable
  to the operation of a plumbing business in this state].
         SECTION 33.  Subchapter G, Chapter 1301, Occupations Code,
  is amended by adding Sections 1301.3581 and 1301.360 to read as
  follows:
         Sec. 1301.3581.  RECIPROCITY. (a)  The commission or
  department may issue a license, endorsement, or certificate of
  registration under this chapter for an applicant who holds a
  similar license, endorsement, or certificate issued by another
  jurisdiction.
         (b)  An applicant under this section must:
               (1)  apply in the same manner and form as any other
  applicant under this chapter; and
               (2)  provide the department with documents and other
  evidence that substantiate the applicant's qualifications.
         (c)  An applicant for a license, endorsement, or certificate
  of registration issued under this section may not be required to
  undergo an examination to obtain the license, endorsement, or
  certificate if the applicant has held an equivalent license,
  endorsement, or certificate in another jurisdiction for at least
  two years.  The department in accordance with commission rules may
  determine whether a license, endorsement, or certificate issued by
  another jurisdiction is equivalent to a license, endorsement, or
  certificate issued under this chapter.
         Sec. 1301.360.  TEMPORARY LICENSE. (a)  The department may
  issue a temporary license, endorsement, or certificate of
  registration to an applicant as provided by Section 51.407.
         (b)  Notwithstanding Section 51.407, a temporary license
  issued under this section expires on the 30th day after the date of
  issuance and may not be renewed.
         SECTION 34.  Section 1301.401, Occupations Code, is amended
  to read as follows:
         Sec. 1301.401.  [ANNUAL] RENEWAL REQUIRED. (a)  A license
  or certificate of registration under this chapter is valid for one
  or two years as determined by commission rule [year]. On payment of
  the required fee, a license may be renewed [annually].
         (b)  The commission [board] by rule shall establish the
  requirements for renewing a license, endorsement, or certificate of
  registration under this chapter and may adopt a system under which
  licenses, endorsements, and certificates of registration
  [registrations] expire on various dates during the year.
         (c)  An endorsement issued under Section 1301.356,
  1301.3565, or 1301.357 expires on the date the master plumber or
  journeyman plumber license of the endorsement holder expires.  Any
  continuing education requirement established by rule and
  applicable to an endorsement issued under this chapter must be
  completed before the endorsement holder may renew the endorsement.
         SECTION 35.  Sections 1301.404(a), (c), (d), (e), and (f),
  Occupations Code, are amended to read as follows:
         (a)  The commission by rule [board] shall establish:
               (1)  minimum curriculum standards for [recognize,
  approve, and administer] continuing education programs and courses 
  for persons who hold a license [licenses] or endorsement issued
  [endorsements] under this chapter; and
               (2)  minimum qualifications for an instructor of the
  continuing education programs and courses described by Subdivision
  (1).
         (c)  The department shall approve:
               (1)  a program or course that meets the minimum
  curriculum standards established by the commission under
  Subsection (a); and
               (2)  an instructor who meets the minimum qualifications
  established by the commission under Subsection (a) [board by rule
  shall adopt the criteria for the continuing professional
  education].
         (d)  A person may receive credit for participating in a
  continuing professional education program or course only if the
  program or course is approved by the department [provided:
               [(1)     by an individual, business, or association
  approved by the board; and
               [(2)  according to criteria adopted by the board].
         (e)  A person may complete the continuing professional
  education requirement of this section through a correspondence
  course as approved by the department [board].
         (f)  The commission [board] by rule may exempt certain
  persons from the requirements of this section if the commission
  [board] determines that the exemption is in the public interest.
         SECTION 36.  Section 1301.405, Occupations Code, is amended
  to read as follows:
         Sec. 1301.405.  [MANDATORY] TRAINING FOR PLUMBER'S
  APPRENTICE [DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT,
  AND RESIDENTIAL UTILITIES INSTALLER]. The commission by rule may
  establish continuing education requirements for persons [(a)     To
  renew the certificate of registration, a person] who hold [holds] a
  certificate of registration under this chapter as a plumber's
  apprentice [drain cleaner, drain cleaner-restricted registrant, or
  residential utilities installer must annually complete at least six
  hours of approved training that includes training in health and
  safety requirements, board-approved plumbing codes, and water
  conservation].
         [(b)     A person may receive credit for participating in a
  training program only if the program is provided:
               [(1)  by a person approved by the board; and
               [(2)  according to criteria adopted by the board.
         [(c)     The board by rule may exempt certain persons from the
  requirements of this section if the board determines that the
  exemption is in the public interest.]
         SECTION 37.  Sections 1301.406(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  On approval by the department [board], a person who
  holds an unexpired license under this chapter and whose license has
  been held continuously for at least 35 consecutive years may
  transfer the license number on the date of the person's retirement
  or death to another person who:
               (1)  is related within the second degree by
  consanguinity to the transferor; and
               (2)  holds a license issued under this chapter that is
  the same type of license as the license held by the transferor.
         (c)  The department [board] shall transfer a license number
  to a person who submits an application and presents evidence
  satisfactory to the department [board] that:
               (1)  the person meets the requirements under
  Subsections (a)(1) and (a)(2); and
               (2)  the transferor is retired or dead.
         SECTION 38.  The heading to Subchapter I, Chapter 1301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER I.  DISCIPLINARY ACTION [PROCEDURES]
         SECTION 39.  Section 1301.452, Occupations Code, is amended
  to read as follows:
         Sec. 1301.452.  GROUNDS FOR DISCIPLINARY ACTION.  The
  commission, department, or executive director may enforce this
  chapter, a rule adopted under this chapter, or an order of the
  commission or executive director as provided by Chapter 51 [(a)     A
  person is subject to disciplinary action under Section 1301.451 if
  the person violates this chapter, an order issued by the board, or a
  board rule]. A violation of this chapter includes:
               (1)  attempting to obtain or obtaining a license,
  endorsement, or registration through [error or] fraud;
               (2)  wilfully, negligently, or arbitrarily violating a
  municipal rule or ordinance that regulates sanitation, drainage, or
  plumbing;
               (3)  making a misrepresentation of services provided or
  to be provided;
               (4)  making a false promise with the intent to induce a
  person to contract for a service; [or]
               (5)  employing a person who does not hold a license or
  endorsement or who is not registered to engage in an activity for
  which a license, endorsement, or certificate of registration is
  required under this chapter;
               (6)  performing plumbing without holding the proper
  license, endorsement, or certificate of registration required by
  this chapter;
               (7)  offering to perform or performing plumbing for
  compensation without holding a plumbing contractor license, acting
  on behalf of a plumbing contractor, or contracting with a plumbing
  contractor to perform the offered plumbing;
               (8)  performing plumbing in violation of a plumbing
  code adopted under Section 1301.255; or
               (9)  failing to supervise plumbing as required by this
  chapter or commission rule.
         [(b)     Retesting procedures may be used to determine whether
  grounds exist for suspension or revocation of a license,
  endorsement, or registration due to incompetence or a wilful
  violation by a person licensed under this chapter.]
         SECTION 40.  Section 1301.501(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission [board] shall adopt rules under this
  section that include a list describing the types of plumbing to
  which this section applies.
         SECTION 41.  Section 1301.502(a), Occupations Code, is
  amended to read as follows:
         (a)  A [field representative,] water district plumbing
  inspector[,] or, within the jurisdiction of the municipality,
  municipal plumbing inspector may issue a citation to a person who
  engages in conduct described by Section 1301.508.
         SECTION 42.  Sections 1301.507 and 1301.5071, Occupations
  Code, are amended to read as follows:
         Sec. 1301.507.  CIVIL PENALTY. A person who violates this
  chapter or a rule, permit, or order of the commission issued under
  this chapter [board] is subject to a civil penalty of not less than
  $50 or more than $1,000 for each act of violation and for each day of
  violation after notice is provided to the person.
         Sec. 1301.5071.  INFORMAL SETTLEMENT CONFERENCE;
  RESTITUTION. (a)  The commission [board] by rule shall establish
  procedures under which an informal settlement conference is
  conducted to resolve a complaint against a person licensed under
  this chapter.
         (b)  Subject to Subsection (c), the executive director
  [board] may order a person licensed under this chapter to pay
  restitution to a person as provided in an agreement resulting from
  an informal settlement conference instead of or in addition to
  assessing an administrative penalty [under Subchapter N].
         (c)  The amount of restitution ordered as provided by an
  agreement resulting from an informal settlement conference may not
  exceed the amount the person paid to the license holder for a
  service regulated by this chapter. The executive director [board]
  may not require payment of other damages or estimate harm in a
  restitution order.
         SECTION 43.  Section 1301.551(g), Occupations Code, is
  amended to read as follows:
         (g)  A [responsible master plumber,] plumbing contractor[,]
  or other person who is required to obtain a permit under this
  section is not required to pay a plumbing registration fee or
  administrative fee in a municipality or any other political
  subdivision.
         SECTION 44.  Section 1301.552, Occupations Code, is amended
  to read as follows:
         Sec. 1301.552.  CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT
  IN POLITICAL SUBDIVISION. A political subdivision that requires a
  plumbing contractor [responsible master plumber] or an agent of a
  plumbing contractor [responsible master plumber] to obtain a permit
  before performing plumbing in the political subdivision shall
  verify through the department's [board's] Internet website, or by
  contacting the department [board] by telephone, that the plumbing
  contractor [responsible master plumber] has on file with the
  department [board] a certificate of insurance.  The certificate of
  insurance must:
               (1)  be written by an insurer authorized to engage in
  the business of insurance in this state or an eligible surplus lines
  insurer under Chapter 981[, as defined by Section 981.002],
  Insurance Code;
               (2)  provide for commercial general liability
  insurance for the plumbing contractor [responsible master plumber]
  for a claim for property damage or bodily injury, regardless of
  whether the claim arises from negligence or on a contract; and
               (3)  provide coverage of not less than $300,000 for all
  claims arising in a one-year period.
         SECTION 45.  Sections 1301.652(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The department [board] and the Texas Workforce
  Commission shall, through the local workforce development boards,
  coordinate efforts to educate the public about the plumbing
  profession and the resources available to employers for the
  recruitment and training of plumbers, including providing:
               (1)  each local workforce development board with:
                     (A)  information about the licensing requirements
  for the plumbing profession; and
                     (B)  available statistical data regarding
  plumbing; and
               (2)  a link to each agency's Internet site and to the
  Internet sites of other local workforce development boards.
         (b)  The department [board] may, during public and industry
  awareness seminars, raise awareness of the career ladder in the
  plumbing industry and the opportunities that plumbing
  apprenticeships offer.
         SECTION 46.  Section 132.002(a), Education Code, is amended
  to read as follows:
         (a)  The following schools or educational institutions may
  be exempted from this chapter by the commission under Subsection
  (d):
               (1)  a school or educational institution supported by
  taxation from either a local or state source;
               (2)  a nonprofit school owned, controlled, operated,
  and conducted by a bona fide religious, denominational,
  eleemosynary, or similar public institution exempt from property
  taxation under the laws of this state;
               (3)  a school or training program that offers
  instruction of purely avocational or recreational subjects as
  determined by the commission;
               (4)  a course or courses of instruction or study
  sponsored by an employer for the training and preparation of its own
  employees, and for which no tuition fee is charged to the student;
               (5)  a course or courses of study or instruction
  sponsored by a recognized trade, business, or professional
  organization for the instruction of the members of the organization
  with a closed membership;
               (6)  a private college or university that awards a
  recognized baccalaureate, or higher degree, and that maintains and
  operates educational programs for which a majority of the credits
  given are transferable to a college, junior college, or university
  supported entirely or partly by taxation from either a local or
  state source;
               (7)  a school or course that is otherwise regulated and
  approved under and pursuant to any other law or rulemaking process
  of this state or approved for continuing education credit by an
  organization that accredits courses for the maintenance of a
  license, except as provided by Subsection (c);
               (8)  an aviation school or instructor approved by and
  under the supervision of the Federal Aviation Administration;
               (9)  a school that offers intensive review of a
  student's acquired education, training, or experience to prepare
  the student for an examination, other than a high school
  equivalency examination, that the student by law may not take
  unless the student has completed or substantially completed a
  particular degree program, or that the student is required to take
  as a precondition for enrollment in or admission to a particular
  degree program;
               (10)  a private school offering primary or secondary
  education, which may include a kindergarten or prekindergarten
  program, and that satisfies the compulsory attendance requirements
  of Section 25.085 pursuant to Section 25.086(a)(1);
               (11)  a course or courses of instruction by bona fide
  electrical trade associations for the purpose of preparing students
  for electrical tests required for licensing and for the purpose of
  providing continuing education to students for the renewal of
  electrical licenses;
               (12)  a nonprofit arts organization that has as its
  primary purpose the provision of instruction in the dramatic arts
  and the communications media to persons younger than 19 years of
  age;
               (13)  a course or training program conducted by a
  nonprofit association of air conditioning and refrigeration
  contractors approved by the Air Conditioning and Refrigeration
  Contractors Advisory Board to provide instruction for technical,
  business, or license examination preparation programs relating to
  air conditioning and refrigeration contracting, as that term is
  defined by Chapter 1302, Occupations Code;
               (14)  a course of instruction by a plumbing trade
  association to prepare students for a plumbing test or program
  required for licensing, registration [certification], or
  endorsement or to provide continuing education approved by the
  Texas Department of Licensing and Regulation [State Board of
  Plumbing Examiners]; and
               (15)  a course of instruction in the use of
  technological hardware or software if the course is offered to a
  purchaser of the hardware or software or to the purchaser's
  employee by a person who manufactures and sells, or develops and
  sells, the hardware or software, and if the seller is not primarily
  in the business of providing courses of instruction in the use of
  the hardware or software, as determined by the commission.
         SECTION 47.  Section 411.122(d), Government Code, is amended
  to read as follows:
         (d)  The following state agencies are subject to this
  section:
               (1)  Texas Appraiser Licensing and Certification
  Board;
               (2)  Texas Board of Architectural Examiners;
               (3)  Texas Board of Chiropractic Examiners;
               (4)  State Board of Dental Examiners;
               (5)  Texas Board of Professional Engineers;
               (6)  Texas Funeral Service Commission;
               (7)  Texas Board of Professional Geoscientists;
               (8)  Health and Human Services Commission [Department
  of State Health Services], except as provided by Section 411.110,
  and agencies attached to the commission [department], including:
                     (A)  Texas State Board of Examiners of Marriage
  and Family Therapists;
                     (B)  Texas State Board of Examiners of
  Professional Counselors; and
                     (C)  Texas State Board of Social Worker Examiners;
               (9)  Texas Board of Professional Land Surveying;
               (10)  Texas Department of Licensing and Regulation,
  except as provided by Section 411.093;
               (11)  Texas Commission on Environmental Quality;
               (12)  Texas Board of Occupational Therapy Examiners;
               (13)  Texas Optometry Board;
               (14)  Texas State Board of Pharmacy;
               (15)  Texas Board of Physical Therapy Examiners;
               (16)  [Texas State Board of Plumbing Examiners;
               [(17)     Texas State Board of Podiatric Medical
  Examiners;
               [(18)]  Texas State Board of Examiners of
  Psychologists;
               (17) [(19)]  Texas Real Estate Commission;
               (18) [(20)]  Texas Department of Transportation;
               (19) [(21)]  State Board of Veterinary Medical
  Examiners;
               (20) [(22)]  Texas Department of Housing and Community
  Affairs;
               (21) [(23)]  secretary of state;
               (22) [(24)]  state fire marshal;
               (23) [(25)]  Texas Education Agency;
               (24) [(26)]  Department of Agriculture; and
               (25) [(27)]  Texas Department of Motor Vehicles.
         SECTION 48.  Section 2054.352(a), Government Code, is
  amended to read as follows:
         (a)  The following licensing entities shall participate in
  the system established under Section 2054.353:
               (1)  Texas Board of Chiropractic Examiners;
               (2)  Judicial Branch Certification Commission;
               (3)  State Board of Dental Examiners;
               (4)  Texas Funeral Service Commission;
               (5)  Texas Board of Professional Land Surveying;
               (6)  Texas Medical Board;
               (7)  Texas Board of Nursing;
               (8)  Texas Optometry Board;
               (9)  Department of Agriculture, for licenses issued
  under Chapter 1951, Occupations Code;
               (10)  Texas State Board of Pharmacy;
               (11)  Executive Council of Physical Therapy and
  Occupational Therapy Examiners;
               (12)  [Texas State Board of Plumbing Examiners;
               [(13)     Texas State Board of Podiatric Medical
  Examiners;
               [(14)]  Texas State Board of Examiners of
  Psychologists;
               (13) [(15)]  State Board of Veterinary Medical
  Examiners;
               (14) [(16)]  Texas Real Estate Commission;
               (15) [(17)]  Texas Appraiser Licensing and
  Certification Board;
               (16) [(18)]  Texas Department of Licensing and
  Regulation;
               (17) [(19)]  Texas State Board of Public Accountancy;
               (18) [(20)]  State Board for Educator Certification;
               (19) [(21)]  Texas Board of Professional Engineers;
               (20)  Health and Human Services Commission 
  [(22)  Department of State Health Services];
               (21) [(23)]  Texas Board of Architectural Examiners;
               (22) [(24)]  Texas Racing Commission;
               (23) [(25)]  Texas Commission on Law Enforcement; and
               (24) [(26)]  Texas Private Security Board.
         SECTION 49.  Sections 341.034(d) and (e), Health and Safety
  Code, are amended to read as follows:
         (d)  A person who inspects homes and businesses to identify
  potential or actual cross-connections or other contaminant hazards
  in public water systems must hold a license issued by the commission
  under Chapter 37, Water Code, unless the person is licensed by the
  Texas Department of Licensing and Regulation [State Board of
  Plumbing Examiners] as a plumbing inspector or water supply
  protection specialist.
         (e)  Unless the person is licensed by the Texas Department of
  Licensing and Regulation to perform plumbing [State Board of
  Plumbing Examiners], a person must hold a license issued by the
  commission under Chapter 37, Water Code, if, under a contract, the
  person:
               (1)  installs, exchanges, connects, maintains, or
  services potable water treatment equipment and appliances in public
  or private water systems; or
               (2)  analyzes water to determine how to treat influent
  or effluent water, alter or purify water, or add or remove a
  mineral, chemical, or bacterial content or substance as part of the
  complete installation, exchange, connection, maintenance, or
  service of potable water treatment equipment and appliances.
         SECTION 50.  Section 341.042(b-2), Health and Safety Code,
  is amended to read as follows:
         (b-2)  A person who installs and maintains rainwater
  harvesting systems that are connected to a public water supply
  system and are used for potable purposes must be licensed by the
  Texas Department of Licensing and Regulation [State Board of
  Plumbing Examiners] as a master plumber or journeyman plumber and
  hold an endorsement issued by the department [board] as a water
  supply protection specialist.
         SECTION 51.  Section 341.068(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The executive commissioner shall adopt rules to
  implement Subsection (a), including a rule that in providing
  sufficient restrooms a ratio of not less than 2:1 women's-to-men's
  restrooms or other minimum standards established in consultation
  with the Texas Department of Licensing and Regulation [State Board
  of Plumbing Examiners] shall be maintained if the use of the
  restrooms is designated by gender. The rules shall apply to
  facilities where the public congregates and on which construction
  is started on or after January 1, 1994, or on which structural
  alterations, repairs, or improvements exceeding 50 percent of the
  entire facility are undertaken on or after January 1, 1994.
         SECTION 52.  Section 372.003(d), Health and Safety Code, is
  amended to read as follows:
         (d)  Rules adopted or amended under this section shall be
  developed by the commission in conjunction with a technical
  advisory panel of designated representatives of the Texas Water
  Development Board and the Texas [State Board of] Plumbing Advisory
  Board established under Subchapter C, Chapter 1301, Occupations
  Code [Examiners].
         SECTION 53.  Sections 372.0035(f) and (h), Health and Safety
  Code, are amended to read as follows:
         (f)  If a person licensed under Chapter 1301, Occupations
  Code, violates this section, the Texas Department of Licensing and
  Regulation [State Board of Plumbing Examiners] may discipline the
  person [under Subchapter I of that chapter] as if a violation of
  this section were a violation of Chapter 1301, Occupations Code
  [that chapter].
         (h)  Within [A field representative of the Texas State Board
  of Plumbing Examiners or, within] the jurisdiction of a
  municipality, a municipal plumbing inspector may issue a citation
  to a person who violates this section.
         SECTION 54.  Section 233.154(a), Local Government Code, is
  amended to read as follows:
         (a)  A person who builds new residential construction
  described by Section 233.153 shall have the construction inspected
  to ensure building code compliance in accordance with this section
  as follows:
               (1)  for new residential construction on a vacant lot,
  a minimum of three inspections must be performed during the
  construction project to ensure code compliance, as applicable, at
  the following stages of construction:
                     (A)  the foundation stage, before the placement of
  concrete;
                     (B)  the framing and mechanical systems stage,
  before covering with drywall or other interior wall covering; and
                     (C)  on completion of construction of the
  residence;
               (2)  for new residential construction of an addition to
  an existing residence as described by Section 233.151(a)(2), the
  inspections under Subdivision (1) must be performed as necessary
  based on the scope of work of the construction project; and
               (3)  for new residential construction on a vacant lot
  and for construction of an addition to an existing residence, the
  builder:
                     (A)  is responsible for contracting to perform the
  inspections required by this subsection with:
                           (i)  a licensed engineer;
                           (ii)  a registered architect;
                           (iii)  a professional inspector licensed by
  the Texas Real Estate Commission;
                           (iv)  a plumbing inspector employed by a
  municipality and licensed by the Texas Department of Licensing and
  Regulation [State Board of Plumbing Examiners];
                           (v)  a building inspector employed by a
  political subdivision; or
                           (vi)  an individual certified as a
  residential combination inspector by the International Code
  Council; and
                     (B)  may use the same inspector for all the
  required inspections or a different inspector for each required
  inspection.
         SECTION 55.  Section 113.081(d), Natural Resources Code, is
  amended to read as follows:
         (d)  The commission by rule may exempt from Section
  113.082(a)(4) [of this code] journeymen or master plumbers licensed
  by the Texas Department of Licensing and Regulation [State Board of
  Plumbing Examiners].
         SECTION 56.  Section 113.087(o), Natural Resources Code, is
  amended to read as follows:
         (o)  The commission by rule may exempt from any provision of
  this section:
               (1)  a journeyman or master plumber licensed by the
  Texas Department of Licensing and Regulation [State Board of
  Plumbing Examiners];
               (2)  a person licensed under Chapter 1302, Occupations
  Code; or
               (3)  company representatives, operations supervisors,
  or employees of a testing laboratory that was registered under
  former Section 113.135 prior to the effective date of this
  subsection.
         SECTION 57.  Section 113.097(j), Natural Resources Code, is
  amended to read as follows:
         (j)  The commission by rule may exempt from the insurance
  requirements of this section or adopt a reasonable alternative to
  those requirements for:
               (1)  a master or journeyman plumber licensed by the
  Texas Department of Licensing and Regulation [State Board of
  Plumbing Examiners]; or
               (2)  a person licensed under Chapter 1302, Occupations
  Code.
         SECTION 58.  Section 1903.002(b), Occupations Code, is
  amended to read as follows:
         (b)  The licensing requirements of this chapter do not apply
  to a person who is:
               (1)  licensed, endorsed, or registered by the Texas
  Department of Licensing and Regulation to perform plumbing [Texas
  State Board of Plumbing Examiners]; or
               (2)  a licensed engineer, registered architect, or
  registered landscape architect to the extent the person's acts are
  incidental to the pursuit of the person's profession.
         SECTION 59.  The following provisions of the Occupations
  Code are repealed:
               (1)  Sections 51.351(c) and (d);
               (2)  Section 1301.002(9-a);
               (3)  Section 1301.003;
               (4)  Section 1301.153;
               (5)  Section 1301.155;
               (6)  Section 1301.156;
               (7)  Section 1301.159;
               (8)  Section 1301.201;
               (9)  Section 1301.204;
               (10)  Section 1301.205;
               (11)  Section 1301.207;
               (12)  Section 1301.208;
               (13)  Section 1301.252;
               (14)  Section 1301.254;
               (15)  Section 1301.256;
               (16)  Section 1301.258, as added by Chapter 1276 (H.B.
  3507), Acts of the 78th Legislature, Regular Session, 2003;
               (17)  Section 1301.258, as added by Chapter 819 (S.B.
  282), Acts of the 78th Legislature, Regular Session, 2003;
               (18)  Section 1301.259;
               (19)  Section 1301.260;
               (20)  Section 1301.261;
               (21)  Section 1301.301;
               (22)  Section 1301.3015;
               (23)  Section 1301.303;
               (24)  Section 1301.304;
               (25)  Section 1301.351(a-2);
               (26)  Section 1301.3521;
               (27)  Section 1301.355;
               (28)  Section 1301.356(c);
               (29)  Section 1301.3565(c);
               (30)  Section 1301.357(c);
               (31)  Section 1301.358;
               (32)  Section 1301.3585;
               (33)  Section 1301.402;
               (34)  Section 1301.403;
               (35)  Section 1301.451;
               (36)  Section 1301.4521;
               (37)  Section 1301.4522;
               (38)  Section 1301.453;
               (39)  Section 1301.454;
               (40)  Section 1301.502(b);
               (41)  Section 1301.504;
               (42)  Section 1301.5045;
               (43)  Section 1301.505;
               (44)  Section 1301.506; and
               (45)  Subchapter N, Chapter 1301.
         SECTION 60.  (a)  The Texas State Board of Plumbing
  Examiners is abolished but continues in existence until September
  1, 2020, for the sole purpose of transferring obligations,
  property, rights, powers, and duties to the Texas Department of
  Licensing and Regulation. The Texas Department of Licensing and
  Regulation assumes all of the obligations, property, rights,
  powers, and duties of the Texas State Board of Plumbing Examiners as
  they exist immediately before the effective date of this Act.  All
  unexpended funds appropriated to the Texas State Board of Plumbing
  Examiners are transferred to the Texas Department of Licensing and
  Regulation.
         (b)  The Texas State Board of Plumbing Examiners and the
  Texas Department of Licensing and Regulation shall, in consultation
  with appropriate state entities, ensure that the transfer of the
  obligations, property, rights, powers, and duties of the Texas
  State Board of Plumbing Examiners to the Texas Department of
  Licensing and Regulation is completed not later than September 1,
  2020.
         (c)  All rules of the Texas State Board of Plumbing Examiners
  are continued in effect as rules of the Texas Department of
  Licensing and Regulation until superseded by a rule of the Texas
  Department of Licensing and Regulation.  A license, endorsement, or
  certificate of registration issued by the Texas State Board of
  Plumbing Examiners is continued in effect as provided by the law in
  effect immediately before the effective date of this Act.  An
  application for a license, endorsement, or certificate of
  registration pending on the effective date of this Act is continued
  without change in status after the effective date of this Act.  A
  complaint, investigation, contested case, or other proceeding
  pending on the effective date of this Act is continued without
  change in status after the effective date of this Act.
         (d)  Unless the context indicates otherwise, a reference to
  the Texas State Board of Plumbing Examiners in a law or
  administrative rule means the Texas Department of Licensing and
  Regulation.
         SECTION 61.  Notwithstanding any other provision of this
  Act:
               (1)  the authorization of a person holding a
  designation on September 1, 2019, to act as a responsible master
  plumber continues in effect until September 1, 2020;
               (2)  a person is not required to hold a plumbing
  contractor license to perform or offer to perform plumbing for
  compensation until September 1, 2020; and
               (3)  a person holding a designation to act as a
  responsible master plumber on September 1, 2019, may apply at no
  cost to the person for a plumbing contractor license until
  September 1, 2020, and after September 1, 2020, if the person
  applies for a plumbing contractor license, the person shall pay any
  fee required by law for the plumbing contractor license.
         SECTION 62.  (a)  Not later than December 1, 2019, the
  governor shall appoint members to the Texas Plumbing Advisory Board
  in accordance with Section 1301.151, Occupations Code, as amended
  by this Act. A member whose term expired under Section 60 of this
  Act is eligible for appointment to the advisory board.
         (b)  The members of the Texas State Board of Plumbing
  Examiners whose terms expire under Section 60 of this Act shall
  continue to provide advice to the Texas Department of Licensing and
  Regulation until a majority of the members of the advisory board are
  appointed under Subsection (a) of this section and qualified.
         SECTION 63.  (a)  Not later than:
               (1)  September 1, 2021, the Texas Department of
  Licensing and Regulation shall obtain criminal history record
  information using a person's name, date of birth, and other
  alphanumeric identifiers on each person who:
                     (A)  on September 1, 2019, holds a license issued
  under Chapter 1301, Occupations Code; and
                     (B)  did not undergo a criminal history record
  information check based on the person's name or fingerprints on
  submission of the person's initial license application; and
               (2)  September 1, 2023, the Texas Department of
  Licensing and Regulation shall obtain criminal history record
  information using a person's fingerprints on each person who:
                     (A)  on September 1, 2019, holds a license issued
  under Chapter 1301, Occupations Code; and
                     (B)  did not undergo a criminal history record
  information check based on the person's fingerprints on submission
  of the person's initial license application.
         (b)  The Texas Department of Licensing and Regulation may
  suspend the license of a person who holds a license under Chapter
  1301, Occupations Code, who does not comply with a request by the
  department to provide information or fingerprints, in a form and
  manner prescribed by the department, that would enable the
  department to obtain criminal history record information as
  required by this section.
         SECTION 64.  (a)  A violation of a law that is repealed by
  this Act is governed by the law in effect when the violation was
  committed, and the former law is continued in effect for that
  purpose.
         (b)  For purposes of this section, a violation was committed
  before September 1, 2019, if any element of the violation occurred
  before that date.
         SECTION 65.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 66.  This Act takes effect September 1, 2019.