Texas 2009 - 81st Regular

Texas Senate Bill SB1410 Compare Versions

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1	1	S.B. No. 1410
2	2
3	3
4	4	AN ACT
5	5	relating to the licensing and regulation of plumbers and
6	6	multipurpose residential fire protection sprinkler specialists;
7	7	prohibiting municipal regulations requiring the installation of
8	8	fire protection sprinkler systems in certain residences.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1301.002, Occupations Code, is amended
11	11	by amending Subdivisions (2), (3), (4), (5), (6), (8), (9), and (10)
12	12	and adding Subdivisions (5-a) and (9-a) to read as follows:
13	13	(2) "Drain cleaner" means a person who:
14	14	(A) has completed at least 4,000 hours working
15	15	under the supervision of a master plumber as a drain
16	16	cleaner-restricted registrant;
17	17	(B) has fulfilled the requirements of and is
18	18	registered with the board; and
19	19	(C) installs cleanouts and removes and resets
20	20	p-traps to eliminate obstructions in building drains and sewers
21	21	under the supervision of a responsible master plumber.
22	22	(3) "Drain cleaner-restricted registrant" means a
23	23	person who:
24	24	(A) has worked as a plumber's apprentice under
25	25	the supervision of a master plumber;
26	26	(B) has fulfilled the requirements of and is
27	27	registered with the board; and
28	28	(C) clears obstructions in sewer and drain lines
29	29	through any code-approved existing opening under the supervision of
30	30	a responsible master plumber.
31	31	(4) "Journeyman plumber" means a person licensed under
32	32	this chapter who:
33	33	(A) has met the qualifications for registration
34	34	as a plumber's apprentice or for licensing as a tradesman
35	35	plumber-limited license holder;
36	36	(B) has completed at least 8,000 hours working
37	37	under the supervision of a master plumber;
38	38	(C) installs, changes, repairs, services, or
39	39	renovates plumbing or supervises any of those activities under the
40	40	supervision of a responsible master plumber; and
41	41	(D) has passed the required examination and
42	42	fulfilled the other requirements of the board.
43	43	(5) "Master plumber" means a person licensed under
44	44	this chapter who:
45	45	(A) is skilled in the planning and superintending
46	46	of plumbing and in the practical installation, repair, and
47	47	servicing of plumbing;
48	48	(B) [secures permits for plumbing work;
49	49	[(C)] is knowledgeable about the codes,
50	50	ordinances, or rules governing the activities described by
51	51	Paragraph [Paragraphs] (A) [and (B)];
52	52	(C) [(D)] performs or supervises plumbing work;
53	53	and
54	54	(D) [(E)] has passed the required examination
55	55	and fulfilled the other requirements of the board.
56	56	(5-a) "Multipurpose residential fire protection
57	57	sprinkler specialist" means a person who holds an endorsement
58	58	issued under Section 1301.3565.
59	59	(6) "Plumber's apprentice" means a person other than a
60	60	master plumber, journeyman plumber, or tradesman plumber-limited
61	61	license holder who, as the person's principal occupation, learns
62	62	about and assists in the installation of plumbing, has fulfilled
63	63	the requirements of and is registered by the board, and works under
64	64	the supervision of a responsible master plumber and the direct
65	65	supervision of a licensed plumber.
66	66	(8) "Plumbing inspector" means a person who:
67	67	(A) is employed by a state agency or political
68	68	subdivision, or contracts as an independent contractor with a state
69	69	agency or political subdivision, to inspect plumbing in connection
70	70	with health and safety laws, including ordinances, and plumbing and
71	71	gas codes; and
72	72	(B) has passed the required examination and
73	73	fulfilled the other requirements of the board.
74	74	(9) "Residential utilities installer" means a person
75	75	who:
76	76	(A) has completed at least 2,000 hours working
77	77	under the supervision of a master plumber as a plumber's
78	78	apprentice;
79	79	(B) has fulfilled the requirements of and is
80	80	registered with the board; and
81	81	(C) constructs and installs yard water service
82	82	piping for one-family or two-family dwellings and building sewers
83	83	under the supervision of a responsible master plumber.
84	84	(9-a) "Responsible master plumber" means a person
85	85	licensed as a master plumber under this chapter who:
86	86	(A) allows the person's master plumber license to
87	87	be used by one plumbing company for the purpose of offering and
88	88	performing plumbing work under the person's master plumber license;
89	89	(B) is authorized to obtain permits for plumbing
90	90	work;
91	91	(C) assumes responsibility for plumbing work
92	92	performed under the person's license; and
93	93	(D) has submitted a certificate of insurance as
94	94	required by Section 1301.3576.
95	95	(10) "Tradesman plumber-limited license holder" means
96	96	a person who:
97	97	(A) has completed at least 4,000 hours working
98	98	under the direct supervision of a journeyman or master plumber as a
99	99	plumber's apprentice;
100	100	(B) has passed the required examination and
101	101	fulfilled the other requirements of the board; and
102	102	(C) constructs and installs plumbing for
103	103	one-family or two-family dwellings under the supervision of a
104	104	responsible master plumber[; and
105	105	[(D) has not met or attempted to meet the
106	106	qualifications for a journeyman plumber license].
107	107	SECTION 2. Section 1301.302, Occupations Code, is amended
108	108	to read as follows:
109	109	Sec. 1301.302. CONTRACT INFORMATION. A written proposal,
110	110	invoice, or contract relating to [for] plumbing services [to be]
111	111	performed by or under the direction of a plumber licensed under this
112	112	chapter must contain the name and license number of the responsible
113	113	master plumber and the name, mailing address, and telephone number
114	114	of the board.
115	115	SECTION 3. Section 1301.351, Occupations Code, is amended
116	116	by amending Subsection (a) and adding Subsections (a-1) and (a-2)
117	117	to read as follows:
118	118	(a) A person, other than a responsible master plumber, may
119	119	not engage in [the business of] plumbing unless:
120	120	(1) the person holds the proper [a] license,
121	121	registration, or endorsement required by [or is registered under]
122	122	this chapter; and [or]
123	123	(2) the person's work is supervised and controlled by a
124	124	person licensed under this chapter.
125	125	(a-1) A person may not act as a responsible master plumber
126	126	unless the person holds the appropriate license and meets the
127	127	requirements for a responsible master plumber under this chapter.
128	128	(a-2) A person that advertises or otherwise offers to
129	129	perform or provide plumbing must secure the services of a
130	130	responsible master plumber.
131	131	SECTION 4. Section 1301.352, Occupations Code, is amended
132	132	to read as follows:
133	133	Sec. 1301.352. EXAMINATION REQUIRED. The board shall issue
134	134	a license or endorsement as a master plumber, journeyman plumber,
135	135	plumbing inspector, tradesman plumber-limited license holder,
136	136	medical gas piping installation endorsement holder, [or] water
137	137	supply protection specialist, or multipurpose residential fire
138	138	protection sprinkler specialist to a person who demonstrates the
139	139	fitness, competence, and qualifications to receive the license or
140	140	endorsement by passing a uniform, reasonable examination.
141	141	SECTION 5. Subsection (e), Section 1301.356, Occupations
142	142	Code, is amended to read as follows:
143	143	(e) A plumbing inspector who meets the requirements of the
144	144	board may hold a medical gas endorsement and inspect medical gas
145	145	piping installations.
146	146	SECTION 6. Subchapter G, Chapter 1301, Occupations Code, is
147	147	amended by adding Section 1301.3565 to read as follows:
148	148	Sec. 1301.3565. ENDORSEMENT: MULTIPURPOSE RESIDENTIAL
149	149	FIRE PROTECTION SPRINKLER SPECIALIST. (a) A person may not engage
150	150	in the installation of a multipurpose residential fire protection
151	151	sprinkler system that uses a single piping system to provide
152	152	potable water for fire protection sprinklers and for domestic
153	153	plumbing fixtures and appliances unless the person:
154	154	(1) is licensed under this chapter as a master plumber
155	155	or journeyman plumber; and
156	156	(2) holds an endorsement issued under this section.
157	157	(b) The board shall issue an endorsement as a multipurpose
158	158	residential fire protection sprinkler specialist to a person who:
159	159	(1) holds the license described by Subsection (a);
160	160	(2) applies to the board on a form prescribed by the
161	161	board;
162	162	(3) pays a fee set by the board;
163	163	(4) presents evidence satisfactory to the board of
164	164	successful completion of a training program approved by the board
165	165	that provides the training necessary for the proper installation of
166	166	a multipurpose residential fire protection sprinkler system as
167	167	required by the applicable codes and standards recognized by the
168	168	state; and
169	169	(5) passes an examination required by the board.
170	170	(c) An endorsement issued under this section is valid until
171	171	the third anniversary of the date of issuance and may be renewed on
172	172	compliance with any requirements prescribed by board rule.
173	173	(d) A person who holds an endorsement under this section may
174	174	represent to the public that the person is a multipurpose
175	175	residential fire protection sprinkler specialist.
176	176	(e) Notwithstanding any other law, a person who holds an
177	177	endorsement under this section is not required to hold a license or
178	178	registration issued by another state agency in order to install a
179	179	multipurpose residential fire protection sprinkler system.
180	180	(f) A plumbing inspector who meets the requirements of the
181	181	board may inspect a multipurpose residential fire protection
182	182	sprinkler installation.
183	183	SECTION 7. Section 1301.3576, Occupations Code, is amended
184	184	to read as follows:
185	185	Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR RESPONSIBLE
186	186	MASTER PLUMBER. When a person is issued a master plumber's license,
187	187	the person must provide the board with a certificate of insurance
188	188	that meets the requirements of Section 1301.552 before the person
189	189	works as a responsible master plumber.
190	190	SECTION 8. Subsection (a), Section 1301.451, Occupations
191	191	Code, is amended to read as follows:
192	192	(a) The board shall revoke, suspend, deny, or refuse to
193	193	renew a license, endorsement, or registration or shall reprimand a
194	194	holder of a license, endorsement, or registration for a violation
195	195	of this chapter, an order issued by the board, or a rule of the
196	196	board.
197	197	SECTION 9. Subsection (a), Section 1301.452, Occupations
198	198	Code, is amended to read as follows:
199	199	(a) A person is subject to disciplinary action under Section
200	200	1301.451 if the person violates this chapter, an order issued by the
201	201	board, or a board rule. A violation of this chapter includes:
202	202	(1) obtaining a license, endorsement, or registration
203	203	through error or fraud;
204	204	(2) wilfully, negligently, or arbitrarily violating a
205	205	municipal rule or ordinance that regulates sanitation, drainage, or
206	206	plumbing;
207	207	(3) making a misrepresentation of services provided or
208	208	to be provided; [or]
209	209	(4) making a false promise with the intent to induce a
210	210	person to contract for a service; or
211	211	(5) employing a person who does not hold a license or
212	212	endorsement or who is not registered to engage in an activity for
213	213	which a license, endorsement, or registration is required under
214	214	this chapter.
215	215	SECTION 10. Section 1301.504, Occupations Code, is amended
216	216	by adding Subsection (d) to read as follows:
217	217	(d) Venue for an action brought under this section is in a
218	218	district court in Travis County.
219	219	SECTION 11. Subsection (a), Section 1301.5045, Occupations
220	220	Code, is amended to read as follows:
221	221	(a) The executive director [If it appears to the board that
222	222	a person is violating this chapter or a rule adopted under this
223	223	chapter, the board, after notice and opportunity for a hearing,]
224	224	may issue a cease and desist order as necessary to enforce this
225	225	chapter if the executive director determines that the action is
226	226	necessary to prevent a violation of this chapter and to protect
227	227	public health and safety [prohibiting the person from engaging in
228	228	the activity].
229	229	SECTION 12. Section 1301.551, Occupations Code, is amended
230	230	by adding Subsections (e) and (f) to read as follows:
231	231	(e) Notwithstanding any other provision of state law, after
232	232	January 1, 2009, a municipality may not enact an ordinance, bylaw,
233	233	order, building code, or rule requiring the installation of a
234	234	multipurpose residential fire protection sprinkler system or any
235	235	other fire sprinkler protection system in a new or existing one- or
236	236	two-family dwelling. A municipality may adopt an ordinance, bylaw,
237	237	order, or rule allowing a multipurpose residential fire protection
238	238	sprinkler specialist or other contractor to offer, for a fee, the
239	239	installation of a fire sprinkler protection system in a new one- or
240	240	two-family dwelling.
241	241	(f) A multipurpose residential fire protection sprinkler
242	242	specialist may install a multipurpose residential fire protection
243	243	sprinkler system in a new or existing one- or two-family dwelling in
244	244	a municipality described by Subsection (a) or (b).
245	245	SECTION 13. Section 1301.707, Occupations Code, is amended
246	246	to read as follows:
247	247	Sec. 1301.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
248	248	(a) Not later than the 30th day after the date the board's order
249	249	becomes final, the person shall:
250	250	(1) pay the penalty; or
251	251	(2) file a petition for judicial review contesting the
252	252	occurrence of the violation, the amount of the penalty, or both.
253	253	(b) Failure by the person to pay the penalty is grounds for
254	254	the board to refuse to renew the person's license or registration
255	255	and to refuse to issue a new license or registration to the person.
256	256	SECTION 14. The Texas State Board of Plumbing Examiners
257	257	shall collaborate with the state fire marshal in adopting rules
258	258	necessary to implement Section 1301.3565, Occupations Code, as
259	259	added by this Act.
260	260	SECTION 15. (a) Not later than February 1, 2010, the Texas
261	261	State Board of Plumbing Examiners shall adopt rules necessary to
262	262	implement Section 1301.3565, Occupations Code, as added by this
263	263	Act.
264	264	(b) Not later than March 1, 2010, the Texas State Board of
265	265	Plumbing Examiners shall begin administering examinations and
266	266	issuing multipurpose residential fire protection sprinkler
267	267	specialist endorsements under Section 1301.3565, Occupations Code,
268	268	as added by this Act.
269	269	SECTION 16. (a) The changes in law made by this Act to
270	270	Sections 1301.451 and 1301.452, Occupations Code, apply to a
271	271	violation that occurs on or after the effective date of this Act. A
272	272	violation that occurs before the effective date of this Act is
273	273	governed by the law in effect on the date of the violation, and the
274	274	former law is continued in effect for that purpose.
275	275	(b) The change in law made by this Act to Section 1301.504,
276	276	Occupations Code, applies to an action commenced on or after the
277	277	effective date of this Act. An action commenced before the
278	278	effective date of this Act is governed by the law in effect on the
279	279	date the action was commenced, and the former law is continued in
280	280	effect for that purpose.
281	281	SECTION 17. (a) Except as provided by Subsection (b) of
282	282	this section, this Act takes effect September 1, 2009.
283	283	(b) Subsection (a), Section 1301.3565, Occupations Code, as
284	284	added by this Act, takes effect June 1, 2010.
285	285	______________________________ ______________________________
286	286	President of the Senate Speaker of the House
287	287	I hereby certify that S.B. No. 1410 passed the Senate on
288	288	April 7, 2009, by the following vote: Yeas 31, Nays 0; and that
289	289	the Senate concurred in House amendments on May 29, 2009, by the
290	290	following vote: Yeas 25, Nays 6.
291	291	______________________________
292	292	Secretary of the Senate
293	293	I hereby certify that S.B. No. 1410 passed the House, with
294	294	amendments, on May 20, 2009, by the following vote: Yeas 136,
295	295	Nays 8, two present not voting.
296	296	______________________________
297	297	Chief Clerk of the House
298	298	Approved:
299	299	______________________________
300	300	Date
301	301	______________________________
302	302	Governor