83R7137 BEF-F
By: J. Davis of Harris H.B. No. 2062
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. Section 1301.002, Occupations Code, is amended
by amending Subdivisions (7), (11), and (12) and adding Subdivision
(8-a) to read as follows:
(7) "Plumbing" means:
(A) a fixture, appurtenance, appliance, or
piping, including a disposal system, used to:
(i) supply, distribute, circulate, or
recirculate water, other liquid, or gas; or
(ii) eliminate sewage for a personal or
domestic purpose;
(B) a fixture, appurtenance, appliance, or
piping used outside a building to connect the building to:
(i) a supply of water, other liquid,
medical gases and vacuum, or other gas on the premises; or
(ii) the main in the street or alley or at
the curb;
(C) a fixture, appurtenance, appliance, or
piping, including a drain or waste pipe, used to carry wastewater or
sewage from or within a building to:
(i) a sewer service lateral at the curb or
in the street or alley; or
(ii) a disposal or septic terminal that
holds private or domestic sewage; [or]
(D) the installation, repair, service, or
maintenance of a fixture, appurtenance, appliance, or piping
described by Paragraph (A), (B), or (C); or
(E) the installation, repair, and service of
equipment for rainwater harvesting.
(8-a) "Rainwater harvesting" means the capture,
diversion, storage, treatment, and distribution of rainwater from a
roof structure for landscape irrigation, potable drinking water, or
nonpotable use for a personal residence or domestic use.
(11) "Water supply protection specialist" means a
person who holds an endorsement issued by the 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, appliance, or irrigation
system.
(12) "Water treatment" means a business conducted
under contract that requires ability, experience, and skill in
analyzing water to determine how to treat influent and effluent
water to change or purify the water or to add or remove minerals,
chemicals, or bacteria. The term does not include treatment of
rainwater or the repair of systems for rainwater harvesting. The
term includes:
(A) installing and servicing fixed or portable
water treatment equipment in a public or private water treatment
system; or
(B) making connections necessary to install a
water treatment system.
SECTION 2. Section 1301.053(a), Occupations Code, is
amended to read as follows:
(a) A person is not required to be licensed under this
chapter to perform:
(1) plumbing incidental to and in connection with the
business in which the person is employed or engaged if the person:
(A) is regularly employed as or acting as a
maintenance person or maintenance engineer; and
(B) does not engage in plumbing for the public;
(2) construction, installation, or maintenance on the
premises or equipment of a railroad if the person is an employee of
the railroad who does not engage in plumbing for the public;
(3) plumbing if the person is engaged by a public
service company to:
(A) lay, maintain, or operate its service mains
or lines to the point of measurement; and
(B) install, change, adjust, repair, remove, or
renovate appurtenances, equipment, or appliances;
(4) appliance installation and service work, other
than installation and service work on water heaters, that involves
connecting appliances to existing openings with a code-approved
appliance connector if the person performs the work as an appliance
dealer or an employee of an appliance dealer; or
(5) water treatment installations, exchanges,
services, or repairs, other than for rainwater harvesting.
SECTION 3. 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
responsible master plumber and the name, mailing address, and
telephone number of the 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 4. Section 1301.303(a), Occupations Code, is
amended to read as follows:
(a) The board may investigate an alleged violation of this
chapter by a person who:
(1) is licensed under this chapter; [or]
(2) is the owner of a plumbing company subject to this
chapter; or
(3) performs plumbing without holding a license under
this chapter.
SECTION 5. Section 1301.351, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) A person who holds a license or registration issued
under this chapter shall carry the license or registration on his or
her person while engaged in plumbing.
SECTION 6. Section 1301.357(e), Occupations Code, is
amended to read as follows:
(e) A person is not required to hold a water supply
protection specialist endorsement if the person[:
[(1)] is employed by:
(1) [(A)] a political subdivision; or
(2) [(B)] an electric utility as defined by Section
31.002, Utilities Code[; and
[(2) acts as a backflow prevention device specialist
or water supply protection specialist in the course of the person's
employment].
SECTION 7. The changes in law made by this Act apply only to
services performed on or after the effective date of this Act.
Services performed before the effective date of this Act are
governed by the law in effect on the date the services were
performed, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2013.