By: Hamilton (Senate Sponsor - Jackson) H.B. No. 2376
(In the Senate - Received from the House April 11, 2011;
April 14, 2011, read first time and referred to Committee on
Business and Commerce; May 5, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8,
Nays 0; May 5, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2376 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of plumbing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1301.002(9-a) and (11), Occupations
Code, are amended to read as follows:
(9-a) "Responsible master plumber" means a person
licensed as a master plumber under this chapter who:
(A) allows the person's master plumber license to
be used by one plumbing company for the purpose of offering and
performing plumbing work under the person's master plumber license;
(B) is authorized to obtain permits for plumbing
work;
(C) assumes responsibility for plumbing work
performed under the person's license; [and]
(D) has submitted a certificate of insurance as
required by Section 1301.3576; and
(E) has completed a training program required by
Section 1301.3576.
(11) "Water supply protection specialist" means a
person who holds an endorsement issued by the board to engage in
[the inspection, in connection with health and safety laws,
including ordinances, of]:
(A) customer service inspections, as defined by
rule of the Texas Commission on Environmental Quality [the plumbing
of a public water system distribution facility]; and [or]
(B) the installation, service, and repair of
plumbing associated with the use and distribution use of rainwater
to supply a plumbing fixture, appliance, or irrigation system
[customer-owned plumbing connected to the water distribution lines
of a public water system].
SECTION 2. Section 1301.304, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) Unless a threat to health or safety exists, the board
may choose to not investigate a complaint in which the person filing
the complaint and the person who is the subject of the complaint
are engaged in litigation related to the subject matter of the
complaint until the outcome of the litigation is finally determined
if the board determines the complaint process is being abused.
SECTION 3. Section 1301.3565, Occupations Code, is amended
by adding Subsections (a-1) and (e-1) and amending Subsection (b)
to read as follows:
(a-1) A person may not design a multipurpose residential
fire protection sprinkler system for installation under this
section unless the person:
(1) is licensed under this chapter as a master
plumber; and
(2) holds an endorsement issued under this section.
(b) The 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 board on a form prescribed by the
board;
(3) pays a fee set by the board;
(4) presents evidence satisfactory to the board of
successful completion of a training program approved by the 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 board.
(e-1) Notwithstanding any other law, a master plumber who
holds an endorsement under this section is not required to hold a
license or registration issued by another state agency in order to
design a multipurpose residential fire protection sprinkler system
for installation under this section.
SECTION 4. Section 1301.3576, Occupations Code, is amended
to read as follows:
Sec. 1301.3576. CERTIFICATE OF INSURANCE AND TRAINING FOR
RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a
responsible master plumber [When a person is issued a master
plumber's license], the master plumber [person] must:
(1) provide the 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 [before the
person works as a responsible master plumber].
SECTION 5. 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
responsible master plumber or an agent of a responsible master
plumber [plumbing contractor] to obtain a permit before performing
plumbing in the political subdivision shall verify through the
board's Internet website, or by contacting the board by telephone,
that the responsible master plumber [plumbing contractor] has on
file with the board a certificate of insurance. The certificate of
insurance must:
(1) be written by an insurer authorized to engage in
the [a company licensed to do] business of insurance in this state
or an eligible surplus lines insurer, as defined by Section
981.002, Insurance Code;
(2) provide for commercial general liability
insurance for the 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 6. Section 1301.3565, Occupations Code, as amended
by this Act, applies only to the installation of a multipurpose
residential fire protection sprinkler system that is designed on or
after the effective date of this Act. The installation of a
multipurpose residential fire protection sprinkler system that is
designed before the effective date of this Act is governed by the
law in effect immediately preceding the effective date of this Act,
and the former law is continued in effect for that purpose.
SECTION 7. Not later than December 31, 2011, the Texas State
Board of Plumbing Examiners shall develop the curriculum and adopt
rules for the approval or administration of the training program
required by Section 1301.3576(2), Occupations Code, as added by
this Act.
SECTION 8. Section 1301.3576, Occupations Code, as amended
by this Act, does not apply to a master plumber who, on or before
January 1, 2012, provides the Texas State Board of Plumbing
Examiners with a certificate of insurance that meets the
requirements of Section 1301.552, Occupations Code, as amended by
this Act, and that is effective on January 1, 2012.
SECTION 9. Section 1301.552, Occupations Code, as amended
by this Act, applies only to a permit issued on or after the
effective date of this Act. A permit issued before the effective
date of this Act is governed by the law in effect on the date the
permit is issued, and the former law is continued in effect for that
purpose.
SECTION 10. This Act takes effect September 1, 2011.
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