83R8615 SLB-D
By: Taylor S.B. No. 1456
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of backflow prevention assembly testers
by the Texas State Board of Plumbing Examiners; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 1301, Occupations Code, is
amended by adding Section 1301.059 to read as follows:
Sec. 1301.059. BACKFLOW PREVENTION ASSEMBLY NOT EXEMPT.
The exemptions under this subchapter do not apply to an activity for
which a person is required to hold a backflow prevention assembly
testing certificate.
SECTION 2. The heading to Section 1301.351, Occupations
Code, is amended to read as follows:
Sec. 1301.351. LICENSE, ENDORSEMENT, [OR] REGISTRATION, OR
CERTIFICATE REQUIRED.
SECTION 3. Section 1301.351, Occupations Code, is amended
by amending Subsections (a) and (a-2) and adding Subsections (e)
and (f) to read as follows:
(a) Except as provided by Subsection (f), a [A] person,
other than a responsible master plumber, may not engage in plumbing
unless:
(1) the person holds the proper license, registration,
or endorsement required by this chapter; and
(2) the person's work is supervised and controlled by a
person licensed under this chapter.
(a-2) Except as provided by Subsection (f), a [A] person
that advertises or otherwise offers to perform or provide plumbing
must secure the services of a responsible master plumber.
(e) Unless the person holds a certificate under Section
1301.360, a person may not:
(1) engage in the repair or testing of the
installation or operation of a backflow prevention assembly; or
(2) advertise and offer to perform or provide backflow
prevention assembly testing services as described by Subdivision
(1).
(f) A person who holds a certificate under Section 1301.360:
(1) is not required to have the person's work described
by Subsection (e)(1) supervised and controlled by a person licensed
under this chapter; and
(2) may advertise and offer to perform or provide
services as described by Subsection (e)(2).
SECTION 4. Subchapter G, Chapter 1301, Occupations Code, is
amended by adding Section 1301.360 to read as follows:
Sec. 1301.360. BACKFLOW PREVENTION ASSEMBLY TESTING
CERTIFICATE. (a) The board shall issue a backflow prevention
assembly testing certificate to an applicant who:
(1) holds a high school diploma or its equivalent;
(2) demonstrates at least two years of related work
experience as determined by the board;
(3) completes a training course approved by the board;
(4) passes an examination prescribed by the board;
(5) submits an application on a form prescribed by the
board; and
(6) pays the required fee.
(b) A certificate issued under this section expires on the
third anniversary of the date of issuance.
(c) Notwithstanding Subsection (a), the board shall issue a
backflow prevention assembly testing certificate to a person who
holds a current equivalent license, certificate, or registration
issued by another state if:
(1) the requirements to obtain the license,
certificate, or registration in the other state are substantially
equivalent to the requirements of Subsection (a), including the
examination requirement; and
(2) the license, certificate, or registration is
mandatory for the repair or testing of the installation or
operation of a backflow prevention assembly in the state in which
the license, certificate, or registration is issued.
SECTION 5. Section 1301.401(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Section 1301.360(b), a [A]
license, certificate, or registration under this chapter is valid
for one year. On payment of the required fee, a license,
certificate, or registration may be renewed for the appropriate
term [annually].
SECTION 6. Sections 1301.404(a) and (b), Occupations Code,
are amended to read as follows:
(a) The board shall recognize, approve, and administer
continuing education programs for a person [persons] who holds a
license, certificate, [hold licenses] or endorsement
[endorsements] under this chapter.
(b) A person who holds a license, certificate, or
endorsement under this chapter must complete at least six hours of
continuing professional education each year the person holds the
license, certificate, or endorsement to renew the person's license,
certificate, or endorsement. Three of the six hours must be in the
subjects of health protection, energy conservation, and water
conservation.
SECTION 7. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0345 to read as follows:
Sec. 341.0345. CERTIFICATION OF BACKFLOW PREVENTION
ASSEMBLY TESTERS. A person who repairs or tests the installation or
operation of backflow prevention assemblies must hold a certificate
issued by the Texas State Board of Plumbing Examiners under Section
1301.360, Occupations Code.
SECTION 8. Section 341.034(c), Health and Safety Code, is
repealed.
SECTION 9. (a) Not later than November 1, 2013, the Texas
State Board of Plumbing Examiners shall adopt rules necessary to
implement the changes in law made by this Act, including any
amendments to rules described by Section 10(b) of this Act.
(b) Not later than January 1, 2014, the Texas State Board of
Plumbing Examiners shall begin accepting applications for and
issuing backflow prevention assembly testing certificates under
Section 1301.360, Occupations Code, as added by this Act.
SECTION 10. (a) On January 1, 2014, the following are
transferred to the Texas State Board of Plumbing Examiners:
(1) all powers, duties, obligations, and liabilities
of the Texas Commission on Environmental Quality relating to the
licensing of backflow prevention assembly testers; and
(2) all files and other records of the Texas
Commission on Environmental Quality kept by the commission
regarding backflow prevention assembly tester licenses.
(b) A rule adopted by the Texas Commission on Environmental
Quality that is in effect immediately before January 1, 2014, and
that relates to backflow prevention assembly tester licenses is, on
January 1, 2014, a rule of the Texas State Board of Plumbing
Examiners and remains in effect until amended or repealed by the
Texas State Board of Plumbing Examiners.
(c) In the period beginning on the effective date of this
Act and ending on January 1, 2014, the Texas Commission on
Environmental Quality shall continue to perform functions and
activities under Section 341.034(c), Health and Safety Code, as if
that subsection had not been repealed by this Act, and the former
law is continued in effect for that purpose.
(d) A person who holds a backflow prevention assembly tester
license issued by the Texas Commission on Environmental Quality
that is in effect on the effective date of this Act holds a backflow
prevention assembly testing certificate under Section 1301.360,
Occupations Code, as added by this Act, that expires on the
expiration date of the license.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2013.
(b) Section 1301.351(e), Occupations Code, as added by this
Act, and the repeal by this Act of Section 341.034(c), Health and
Safety Code, take effect January 1, 2014.