By: J. Davis of Harris (Senate Sponsor - Taylor) H.B. No. 2062
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Business
and Commerce; May 17, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2062 By: Taylor
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(11) and (12), Occupations
Code, are amended to read as follows:
(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 or[,] 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 the treatment of rainwater to
supply a plumbing fixture or appliance.
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. Sections 1301.551(c) and (g), Occupations Code,
are amended to read as follows:
(c) A municipality that adopts an ordinance or bylaw under
this section shall provide by ordinance or bylaw that a person must
obtain a permit before the person performs plumbing, other than the
repairing of leaks, the replacement of lavatory or kitchen faucets,
the replacement of ballcocks or water control valves, the
replacement of garbage disposals, or the replacement of water
closets. The municipality may prescribe the terms on which the
permit is issued.
(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 8. 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 9. This Act takes effect September 1, 2013.
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