Texas 2009 - 81st Regular

Texas Senate Bill SB1354 Compare Versions

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1	1	S.B. No. 1354
2	2
3	3
4	4	AN ACT
5	5	relating to the licensing and regulation of plumbers.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subdivisions (4), (5), (7), (8), and (10),
8	8	Section 1301.002, Occupations Code, are amended to read as follows:
9	9	(4) "Journeyman plumber" means a person licensed under
10	10	this chapter who:
11	11	(A) has met the qualifications for registration
12	12	as a plumber's apprentice or for licensing as a tradesman
13	13	plumber-limited license holder;
14	14	(B) has completed at least 8,000 hours working
15	15	under the supervision of a master plumber;
16	16	(C) installs, changes, repairs, services, or
17	17	renovates plumbing or supervises any of those activities; [and]
18	18	(D) has passed the required examination; and
19	19	(E) has fulfilled the other requirements of the
20	20	board.
21	21	(5) "Master plumber" means a person licensed under
22	22	this chapter who:
23	23	(A) is skilled in the design, planning, and
24	24	superintending of plumbing and in the practical installation,
25	25	repair, and servicing of plumbing;
26	26	(B) has worked as a journeyman plumber:
27	27	(i) for at least four years; or
28	28	(ii) for at least one year and has
29	29	successfully completed a training program approved by the United
30	30	States Department of Labor Office of Apprenticeship or another
31	31	nationally recognized apprentice training program accepted by the
32	32	board [secures permits for plumbing work];
33	33	(C) [is knowledgeable about the codes,
34	34	ordinances, or rules governing the activities described by
35	35	Paragraphs (A) and (B);
36	36	[(D)] performs or supervises plumbing work;
37	37	[and]
38	38	(D) [(E)] has passed the required examination;
39	39	and
40	40	(E) has fulfilled the other requirements of the
41	41	board.
42	42	(7) "Plumbing" means:
43	43	(A) a fixture, appurtenance, appliance, or
44	44	piping, including a disposal system, used [in or around a building
45	45	in which a person lives or works or in which persons assemble,] to:
46	46	(i) supply, distribute, circulate, or
47	47	recirculate water, other liquid, or gas; or
48	48	(ii) eliminate sewage for a personal or
49	49	domestic purpose;
50	50	(B) a fixture, appurtenance, appliance, or
51	51	piping used outside a building to connect the building to:
52	52	(i) a supply of water, other liquid,
53	53	medical gases and vacuum, or other gas on the premises; or
54	54	(ii) the main in the street or alley or at
55	55	the curb;
56	56	(C) a fixture, appurtenance, appliance, or
57	57	piping, including a drain or waste pipe, used to carry wastewater or
58	58	sewage from or within a building to:
59	59	(i) a sewer service lateral at the curb or
60	60	in the street or alley; or
61	61	(ii) a disposal or septic terminal that
62	62	holds private or domestic sewage; or
63	63	(D) the installation, repair, service, or
64	64	maintenance of a fixture, appurtenance, appliance, or piping
65	65	described by Paragraph (A), (B), or (C).
66	66	(8) "Plumbing inspector" means a person who:
67	67	(A) is employed by a political subdivision or
68	68	state agency, or contracts as an independent contractor with a
69	69	political subdivision or state agency, to inspect plumbing in
70	70	connection with health and safety laws, including ordinances, and
71	71	plumbing and gas codes; [and]
72	72	(B) has passed the required examination; and
73	73	(C) has fulfilled the other requirements of the
74	74	board.
75	75	(10) "Tradesman plumber-limited license holder" means
76	76	a person who:
77	77	(A) has completed at least 4,000 hours working
78	78	under the direct supervision of a journeyman or master plumber as a
79	79	plumber's apprentice;
80	80	(B) has passed the required examination [and
81	81	fulfilled the other requirements of the board];
82	82	(C) constructs and installs plumbing for
83	83	one-family or two-family dwellings; [and]
84	84	(D) has not met or attempted to meet the
85	85	qualifications for a journeyman plumber license; and
86	86	(E) has fulfilled the other requirements of the
87	87	board.
88	88	SECTION 2. Section 1301.052, Occupations Code, is amended
89	89	to read as follows:
90	90	Sec. 1301.052. WORK INSIDE COUNTIES OR INSIDE OR OUTSIDE
91	91	MUNICIPALITIES. A person is not required to be licensed under this
92	92	chapter to perform plumbing, other than plumbing performed in
93	93	conjunction with new construction, repair, or remodeling, on a
94	94	property that is:
95	95	(1) located in a subdivision or on a tract of land that
96	96	is not required to be platted under Section 232.0015, Local
97	97	Government Code; [or]
98	98	(2) not connected to a public water system and is
99	99	located outside a municipality; [or]
100	100	(3) located outside a municipality and connected to a
101	101	public water system that does not require a license to perform
102	102	plumbing; or
103	103	(4) located inside a municipality that is within a
104	104	county that has fewer than 50,000 inhabitants and that:
105	105	(A) has [with] fewer than 5,000 inhabitants; and
106	106	(B) by municipal ordinance has authorized a
107	107	person who is not licensed under this chapter to perform plumbing[,
108	108	unless an ordinance of the municipality requires the person to be
109	109	licensed].
110	110	SECTION 3. Subsection (a), Section 1301.053, Occupations
111	111	Code, is amended to read as follows:
112	112	(a) A person is not required to be licensed under this
113	113	chapter to perform:
114	114	(1) plumbing incidental to and in connection with the
115	115	business in which the person is employed or engaged if the person:
116	116	(A) is regularly employed as or acting as a
117	117	maintenance person or maintenance engineer; and
118	118	(B) does not engage in plumbing for the public;
119	119	(2) construction, installation, or maintenance on the
120	120	premises or equipment of a railroad if the person is an employee of
121	121	the railroad who does not engage in plumbing for the public;
122	122	(3) plumbing if the person is engaged by a public
123	123	service company to:
124	124	(A) lay, maintain, or operate its service mains
125	125	or lines to the point of measurement; and
126	126	(B) install, change, adjust, repair, remove, or
127	127	renovate appurtenances, equipment, or appliances;
128	128	(4) appliance installation and service work, other
129	129	than installation and service work on water heaters, that involves
130	130	connecting appliances to existing openings with a code-approved
131	131	appliance connector if the person performs the work as an appliance
132	132	dealer or an employee of an appliance dealer; or
133	133	(5) water treatment installations, exchanges,
134	134	services, or repairs.
135	135	SECTION 4. Subsection (a), Section 1301.203, Occupations
136	136	Code, is amended to read as follows:
137	137	(a) The board may employ a field representative to assist
138	138	the board in enforcing this chapter and rules adopted under this
139	139	chapter. A field representative must [be]:
140	140	(1) hold a license as a plumber under this chapter;
141	141	(2) be knowledgeable of this chapter and municipal
142	142	ordinances relating to plumbing; and
143	143	(3) be [(2)] qualified by experience and training in
144	144	plumbing practice.
145	145	SECTION 5. Section 1301.354, Occupations Code, is amended
146	146	by adding Subsection (b-1) to read as follows:
147	147	(b-1) At the applicant's request, the board may credit an
148	148	applicant under Subsection (b) with a number of hours determined by
149	149	board rule against the number of hours of work experience required
150	150	to take an examination if the applicant has received an associate of
151	151	applied science degree from a plumbing technology program that:
152	152	(1) includes a combination of classroom and on-the-job
153	153	training; and
154	154	(2) is approved by the board and the Texas Higher
155	155	Education Coordinating Board.
156	156	SECTION 6. Subchapter H, Chapter 1301, Occupations Code, is
157	157	amended by adding Section 1301.405 to read as follows:
158	158	Sec. 1301.405. MANDATORY TRAINING FOR DRAIN CLEANER, DRAIN
159	159	CLEANER-RESTRICTED REGISTRANT, AND RESIDENTIAL UTILITIES
160	160	INSTALLER. (a) To renew the certificate of registration, a person
161	161	who holds a certificate of registration under this chapter as a
162	162	drain cleaner, drain cleaner-restricted registrant, or residential
163	163	utilities installer must annually complete at least six hours of
164	164	approved training that includes training in health and safety
165	165	requirements, board-approved plumbing codes, and water
166	166	conservation.
167	167	(b) A person may receive credit for participating in a
168	168	training program only if the program is provided:
169	169	(1) by a person approved by the board; and
170	170	(2) according to criteria adopted by the board.
171	171	(c) The board by rule may exempt certain persons from the
172	172	requirements of this section if the board determines that the
173	173	exemption is in the public interest.
174	174	SECTION 7. Section 1301.551, Occupations Code, is amended
175	175	by adding Subsections (e), (f), (g), and (h) to read as follows:
176	176	(e) A municipality or other political subdivision in this
177	177	state that requires a plumbing contractor to obtain a permit before
178	178	the person performs plumbing shall by telephone, fax, or e-mail:
179	179	(1) accept permit applications;
180	180	(2) collect required fees; and
181	181	(3) issue the required permits.
182	182	(f) If drawings of proposed plumbing work are required by
183	183	the municipality or other political subdivision, the municipality
184	184	or political subdivision shall specify how permit drawings are to
185	185	be submitted.
186	186	(g) A person who is required to obtain a permit under this
187	187	section is not required to pay a plumbing registration fee or
188	188	administrative fee in a municipality or any other political
189	189	subdivision.
190	190	(h) A plumbing contractor must register, electronically or
191	191	in person, with a municipality or other political subdivision that
192	192	requires registration before performing plumbing regulated by the
193	193	municipality or other political subdivision.
194	194	SECTION 8. Sections 1301.552 and 1301.553, Occupations
195	195	Code, are amended to read as follows:
196	196	Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT
197	197	IN POLITICAL SUBDIVISION. A political subdivision that requires a
198	198	plumbing contractor to obtain a permit before performing plumbing
199	199	in the political subdivision shall verify through the board's
200	200	Internet website, or by contacting the board by telephone, that the
201	201	plumbing contractor has on file with the board [master plumber to
202	202	have a bond before issuing a permit to the master plumber shall
203	203	accept either a bond or] a certificate of insurance. The
204	204	certificate of insurance must:
205	205	(1) be written by a company licensed to do business in
206	206	this state;
207	207	(2) provide for commercial general liability
208	208	insurance for the master plumber for a claim for property damage or
209	209	bodily injury, regardless of whether the claim arises from
210	210	negligence or on a contract; and
211	211	(3) provide coverage of not less than $300,000 for all
212	212	claims arising in a one-year period.
213	213	Sec. 1301.553. PLUMBING INSPECTIONS IN MUNICIPALITY THAT
214	214	OVERLAPS ANOTHER POLITICAL SUBDIVISION [MUNICIPAL UTILITY
215	215	DISTRICT]. [(a)] If the boundaries of a municipality and another
216	216	political subdivision [a municipal utility district] overlap, only
217	217	the affected municipality may perform a plumbing inspection and
218	218	collect a permit fee.
219	219	[(b) The standard used in the plumbing inspection may not be
220	220	less restrictive than the standard used by the municipal utility
221	221	district.]
222	222	SECTION 9. (a) Not later than January 1, 2010, the Texas
223	223	State Board of Plumbing Examiners shall adopt the rules and approve
224	224	the programs necessary to implement the changes in law made by this
225	225	Act to Chapter 1301, Occupations Code.
226	226	(b) The changes in law made by this Act to the requirements
227	227	for issuance of a license or certificate of registration under
228	228	Chapter 1301, Occupations Code, as amended by this Act, apply only
229	229	to an application submitted for the issuance or renewal of a license
230	230	or certificate of registration under Chapter 1301, Occupations
231	231	Code, on or after January 1, 2010. An application submitted before
232	232	that date is governed by the law in effect when the application was
233	233	submitted, and that law is continued in effect for that purpose.
234	234	SECTION 10. This Act takes effect September 1, 2009.
235	235	______________________________ ______________________________
236	236	President of the Senate Speaker of the House
237	237	I hereby certify that S.B. No. 1354 passed the Senate on
238	238	April 2, 2009, by the following vote: Yeas 31, Nays 0.
239	239	______________________________
240	240	Secretary of the Senate
241	241	I hereby certify that S.B. No. 1354 passed the House on
242	242	May 26, 2009, by the following vote: Yeas 131, Nays 14, one
243	243	present not voting.
244	244	______________________________
245	245	Chief Clerk of the House
246	246	Approved:
247	247	______________________________
248	248	Date
249	249	______________________________
250	250	Governor