Texas 2015 - 84th Regular

Texas House Bill HB2465 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R24479 TSR-D
2	2	By: Smith H.B. No. 2465
3	3	Substitute the following for H.B. No. 2465:
4	4	By: Smith C.S.H.B. No. 2465
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of plumbers; amending
10	10	provisions subject to a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1301.002, Occupations Code, is amended
13	13	by amending Subdivisions (1-a), (2), (3), (4), (6), (9), and (12)
14	14	and adding Subdivisions (1-b) and (7-a) to read as follows:
15	15	(1-a) "Control valve" means a valve that operates each
16	16	time water is supplied to, or shut off from, a receptacle or
17	17	plumbing fixture. The term does not include a stop valve that may be
18	18	installed in the water supply branch to the control valve.
19	19	(1-b) "Executive director" means the executive
20	20	director of the Texas State Board of Plumbing Examiners.
21	21	(2) "Drain cleaner" means a person who:
22	22	(A) has completed at least 4,000 hours working
23	23	under the supervision of a responsible master plumber as a drain
24	24	cleaner-restricted registrant or a tradesman plumber-limited
25	25	license holder;
26	26	(B) has fulfilled the requirements of and is
27	27	registered with the board; and
28	28	(C) installs cleanouts and removes and resets
29	29	p-traps to eliminate obstructions in building drains and sewers
30	30	under the supervision of a responsible master plumber.
31	31	(3) "Drain cleaner-restricted registrant" means a
32	32	person who:
33	33	(A) has worked as a plumber's apprentice under
34	34	the supervision of a responsible master plumber;
35	35	(B) has fulfilled the requirements of and is
36	36	registered with the board; and
37	37	(C) clears obstructions in sewer and drain lines
38	38	through any code-approved existing opening under the supervision of
39	39	a responsible master plumber.
40	40	(4) "Journeyman plumber" means a person licensed under
41	41	this chapter who:
42	42	(A) has met the qualifications for registration
43	43	as a plumber's apprentice or for licensing as a tradesman
44	44	plumber-limited license holder;
45	45	(B) has completed at least 8,000 hours working
46	46	under the supervision of a responsible master plumber;
47	47	(C) installs, changes, repairs, services, or
48	48	renovates plumbing or supervises any of those activities under the
49	49	supervision of a responsible master plumber;
50	50	(D) has passed the required examination; and
51	51	(E) has fulfilled the other requirements of the
52	52	board.
53	53	(6) "Plumber's apprentice" means a person other than a
54	54	master plumber, journeyman plumber, or tradesman plumber-limited
55	55	license holder who, as the person's principal occupation, learns
56	56	about and assists in the installation, repair, and replacement of
57	57	plumbing, has fulfilled the requirements of and is registered by
58	58	the board, and works under the supervision of a responsible master
59	59	plumber and the direct supervision of a licensed plumber.
60	60	(7-a) "Plumbing company" means a business that:
61	61	(A) is registered with the board;
62	62	(B) employs a responsible master plumber; or
63	63	(C) is owned by a responsible master plumber.
64	64	(9) "Residential utilities installer" means a person
65	65	who:
66	66	(A) has completed at least 2,000 hours working
67	67	under the supervision of a responsible master plumber as a
68	68	plumber's apprentice;
69	69	(B) has fulfilled the requirements of and is
70	70	registered with the board; and
71	71	(C) [constructs and] installs, repairs, or
72	72	replaces yard water service piping or building sewers for
73	73	one-family or two-family dwellings [and building sewers] under the
74	74	supervision of a responsible master plumber.
75	75	(12) "Water treatment" means a business conducted
76	76	under contract that requires ability, experience, and skill in
77	77	analyzing water to determine how to treat influent and effluent
78	78	water to change or purify the water or to add or remove minerals,
79	79	chemicals, or bacteria. The term does not include treatment of
80	80	rainwater or the repair of systems for rainwater harvesting. The
81	81	term includes:
82	82	(A) installing and servicing fixed or portable
83	83	water treatment equipment in a public or private water treatment
84	84	system; or
85	85	(B) making connections necessary to install a
86	86	water treatment system to the potable water system or indirectly to
87	87	the sanitary drainage system.
88	88	SECTION 2. Section 1301.053(a), Occupations Code, is
89	89	amended to read as follows:
90	90	(a) A person is not required to be licensed under this
91	91	chapter to perform:
92	92	(1) plumbing incidental to and in connection with the
93	93	business in which the person is employed or engaged if the person:
94	94	(A) is regularly employed as or acting as a
95	95	maintenance person or maintenance engineer; and
96	96	(B) does not engage in plumbing for the public;
97	97	(2) construction, installation, or maintenance on the
98	98	premises or equipment of a railroad if the person is an employee of
99	99	the railroad who does not engage in plumbing for the public;
100	100	(3) plumbing if the person is:
101	101	(A) employed by a political subdivision to engage
102	102	in plumbing only within the geographic boundaries of the political
103	103	subdivision; or
104	104	(B) engaged by a public service company to:
105	105	(i) [(A)] lay, maintain, or operate its
106	106	service mains or lines to the point of measurement; and
107	107	(ii) [(B)] install, change, adjust,
108	108	repair, remove, or renovate appurtenances, equipment, or
109	109	appliances;
110	110	(4) appliance installation and service work, other
111	111	than installation and service work on water heaters, that involves
112	112	connecting appliances to existing openings with a code-approved
113	113	appliance connector if the person performs the work as an appliance
114	114	dealer or an employee of an appliance dealer; or
115	115	(5) water treatment installations, exchanges,
116	116	services, or repairs, other than the treatment of rainwater to
117	117	supply a plumbing fixture or appliance.
118	118	SECTION 3. Section 1301.151(a), Occupations Code, is
119	119	amended to read as follows:
120	120	(a) The Texas State Board of Plumbing Examiners consists of
121	121	nine members appointed by the governor with the advice and consent
122	122	of the senate as follows:
123	123	(1) one member who has at least 10 years' practical
124	124	experience and is licensed as a master plumber;
125	125	(2) one member who has at least five years' practical
126	126	experience and is licensed as a journeyman plumber;
127	127	(3) one member who has at least five years' practical
128	128	experience and is licensed as a plumbing inspector;
129	129	(4) one member who has been a responsible master
130	130	plumber for at least five years [is a plumbing contractor] with at
131	131	least 10 [five] years' experience as a licensed journeyman plumber
132	132	or master plumber;
133	133	(5) one member who is a licensed engineer practicing
134	134	in the field of plumbing engineering;
135	135	(6) two members who are building contractors with at
136	136	least five years' contracting experience, one of whom is
137	137	principally engaged in home building and one of whom is principally
138	138	engaged in commercial building; and
139	139	(7) two members who represent the public.
140	140	SECTION 4. Section 1301.202(a), Occupations Code, is
141	141	amended to read as follows:
142	142	(a) The board shall employ one or more plumbing examiners.
143	143	A plumbing examiner serves at the will of the board. A plumbing
144	144	examiner must:
145	145	(1) hold a license as a plumber issued under this
146	146	chapter;
147	147	(2) be knowledgeable of this chapter and municipal
148	148	ordinances relating to plumbing; and
149	149	(3) be qualified by experience and training in
150	150	plumbing practice.
151	151	SECTION 5. Section 1301.203(a), Occupations Code, is
152	152	amended to read as follows:
153	153	(a) The board may employ a field representative to assist
154	154	the board in enforcing this chapter and rules adopted under this
155	155	chapter. A field representative must:
156	156	(1) hold a license issued [as a plumber] under this
157	157	chapter;
158	158	(2) be knowledgeable of this chapter and municipal
159	159	ordinances relating to plumbing; and
160	160	(3) be qualified by experience and training in
161	161	plumbing practice or inspections.
162	162	SECTION 6. Section 1301.204, Occupations Code, is amended
163	163	to read as follows:
164	164	Sec. 1301.204. CAREER LADDER PROGRAM; PERFORMANCE
165	165	EVALUATIONS. (a) The executive director [presiding officer of the
166	166	board or the presiding officer's designee] shall develop an
167	167	intra-agency career ladder program. The program must require
168	168	intra-agency posting of each nonentry level position at least 10
169	169	days before the date of any public posting.
170	170	(b) The executive director [presiding officer of the board
171	171	or the presiding officer's designee] shall develop a system of
172	172	annual performance evaluations based on measurable job tasks. All
173	173	merit pay for board employees must be based on the system
174	174	established under this subsection.
175	175	SECTION 7. Sections 1301.255(a) and (b), Occupations Code,
176	176	are amended to read as follows:
177	177	(a) The board shall adopt the following [plumbing] codes, as
178	178	those codes existed on January 1, 2015 [May 31, 2001]:
179	179	(1) the Uniform Plumbing Code, as published by the
180	180	International Association of Plumbing and Mechanical Officials;
181	181	[and]
182	182	(2) the International Plumbing Code, as published by
183	183	the International Code Council;
184	184	(3) the NFPA 13D Standard for the Installation of
185	185	Sprinkler Systems in One- and Two-family Dwellings and Manufactured
186	186	Homes, as published by the National Fire Protection Association;
187	187	and
188	188	(4) the NFPA 99 Health Care Facilities Code, as
189	189	published by the National Fire Protection Association.
190	190	(b) If a code described by [The board by rule may adopt later
191	191	editions of the plumbing codes listed in] Subsection (a) is
192	192	replaced by a later edition after January 1, 2015, the requirements
193	193	and standards of the new edition shall be used in place of the
194	194	January 1, 2015, edition if the new edition is adopted by the board
195	195	by rule after the board determines that use of the new edition is:
196	196	(1) in the public interest; and
197	197	(2) consistent with the purposes of this chapter.
198	198	SECTION 8. Sections 1301.304(a) and (b), Occupations Code,
199	199	are amended to read as follows:
200	200	(a) On receiving a written and signed complaint alleging a
201	201	violation of this chapter or a board rule:
202	202	(1) the [The] enforcement committee or an employee
203	203	designated by the enforcement committee may investigate the [an]
204	204	alleged violation; and
205	205	(2) the [of this chapter or a board rule that is
206	206	reported to the board.
207	207	[(b) The] enforcement committee shall determine whether a
208	208	person has committed the violation and shall recommend appropriate
209	209	sanctions to the board or, if the enforcement committee determines
210	210	that the complaint is without merit, dismissal of the complaint.
211	211	SECTION 9. Section 1301.354(c), Occupations Code, is
212	212	amended to read as follows:
213	213	(c) At the applicant's request, the board may credit an
214	214	applicant under Subsection (b) with up to 1,000 [500] hours of the
215	215	work experience required before taking an examination if the
216	216	applicant has completed the classroom portion of a training
217	217	program:
218	218	(1) approved by the United States Department of Labor,
219	219	Office of Apprenticeship; or
220	220	(2) provided by a person approved by the board and
221	221	based on course materials approved by the board.
222	222	SECTION 10. Section 1301.356, Occupations Code, is amended
223	223	by adding Subsection (b-1) to read as follows:
224	224	(b-1) Before a person may take the examination under
225	225	Subsection (b), the person must complete training in a
226	226	board-approved training program in the area of medical gas piping
227	227	installation.
228	228	SECTION 11. Section 1301.3565, Occupations Code, is amended
229	229	by amending Subsections (a-1) and (f) and adding Subsection (g) to
230	230	read as follows:
231	231	(a-1) A person may not design a multipurpose residential
232	232	fire protection sprinkler system for installation under this
233	233	section unless the person:
234	234	(1) is licensed under this chapter as a master
235	235	plumber[;] and
236	236	[(2)] holds an endorsement issued under this section;
237	237	or
238	238	(2) is a licensed engineer who designs fire sprinklers
239	239	or plumbing systems.
240	240	(f) A plumbing inspector who meets the requirements of the
241	241	board shall [may] inspect or review the plans for a multipurpose
242	242	residential fire protection sprinkler installation, repair, or
243	243	replacement.
244	244	(g) A certified fire inspector may inspect or review plans
245	245	only for the sprinkler portion of a multipurpose residential fire
246	246	sprinkler installation, repair, or replacement if the certified
247	247	fire inspector:
248	248	(1) meets or exceeds the NFPA 1031 Standard for
249	249	Professional Qualifications for Fire Inspector and Plan Examiner;
250	250	and
251	251	(2) is employed or appointed by a political
252	252	subdivision or this state.
253	253	SECTION 12. Section 1301.357(e), Occupations Code, is
254	254	amended to read as follows:
255	255	(e) A person is not required to hold a water supply
256	256	protection specialist endorsement if the person is employed by[:
257	257	[(1)] a political subdivision[; or
258	258	[(2) an electric utility as defined by Section 31.002,
259	259	Utilities Code].
260	260	SECTION 13. Sections 1301.404(b) and (e), Occupations Code,
261	261	are amended to read as follows:
262	262	(b) A person who holds a license or endorsement under this
263	263	chapter must complete at least six hours of approved classroom
264	264	continuing professional education each year the person holds the
265	265	license or endorsement to renew the person's license or
266	266	endorsement. The course must include training in:
267	267	(1) this chapter and board rules;
268	268	(2) board-approved plumbing codes; and
269	269	(3) [Three of the six hours must be in the subjects of]
270	270	health protection, energy conservation, and water conservation.
271	271	(e) A person may complete the continuing professional
272	272	education requirement of this section through a correspondence
273	273	course book and test book as approved by the board.
274	274	SECTION 14. Section 1301.405(a), Occupations Code, is
275	275	amended to read as follows:
276	276	(a) To renew the certificate of registration, a person who
277	277	holds a certificate of registration under this chapter as a drain
278	278	cleaner, drain cleaner-restricted registrant, or residential
279	279	utilities installer must annually complete at least six hours of
280	280	approved classroom training that includes training in:
281	281	(1) this chapter and board rules;
282	282	(2) board-approved plumbing codes; and
283	283	(3) health protection, energy conservation [training
284	284	in health and safety requirements, board-approved plumbing codes],
285	285	and water conservation.
286	286	SECTION 15. Subchapter H, Chapter 1301, Occupations Code,
287	287	is amended by adding Section 1301.406 to read as follows:
288	288	Sec. 1301.406. MANDATORY TRAINING FOR PLUMBER'S
289	289	APPRENTICE. (a) To renew the certificate of registration for the
290	290	third renewal and any subsequent renewals, a person who holds a
291	291	certificate of registration under this chapter as a plumber's
292	292	apprentice must complete during the year preceding the renewal date
293	293	at least six hours of approved classroom training that includes
294	294	training in:
295	295	(1) this chapter and board rules;
296	296	(2) board-approved plumbing codes; and
297	297	(3) health protection, energy conservation, and water
298	298	conservation.
299	299	(b) A person may receive credit for participating in a
300	300	training program only if the program is provided:
301	301	(1) by a person approved by the board; and
302	302	(2) according to criteria adopted by the board.
303	303	(c) A plumber's apprentice who is enrolled and in good
304	304	standing in a training program approved by the United States
305	305	Department of Labor, Office of Apprenticeship, is exempt from
306	306	Subsections (a) and (b).
307	307	(d) The board by rule may exempt certain persons from the
308	308	requirements of this section if the board determines that the
309	309	exemption is in the public interest.
310	310	SECTION 16. Section 1301.452(a), Occupations Code, is
311	311	amended to read as follows:
312	312	(a) A person is subject to disciplinary action under Section
313	313	1301.451 if the person violates this chapter, an order issued by the
314	314	board, or a board rule. A violation of this chapter includes:
315	315	(1) obtaining a license, endorsement, or registration
316	316	through error or fraud;
317	317	(2) wilfully, negligently, or arbitrarily violating a
318	318	municipal rule or ordinance that regulates sanitation, drainage, or
319	319	plumbing, including falsifying a test for an inspection;
320	320	(3) making a misrepresentation of services provided or
321	321	to be provided;
322	322	(4) making a false promise with the intent to induce a
323	323	person to contract for a service; or
324	324	(5) employing a person who does not hold a license or
325	325	endorsement or who is not registered to engage in an activity for
326	326	which a license, endorsement, or registration is required under
327	327	this chapter.
328	328	SECTION 17. Sections 1301.551(a) and (c), Occupations Code,
329	329	are amended to read as follows:
330	330	(a) A municipality with more than 5,000 inhabitants shall
331	331	regulate by ordinance or bylaw the material, construction,
332	332	alteration, and inspection of any pipe, faucet, tank, valve, water
333	333	heater, or other fixture by or through which a supply of water, gas,
334	334	medical gas, medical vacuum, or sewage is used or carried.
335	335	(c) A municipality that adopts an ordinance or bylaw under
336	336	this section shall provide by ordinance or bylaw that a person must
337	337	obtain a permit before the person performs plumbing, other than the
338	338	repairing of leaks, the replacement of lavatory, bar, or kitchen
339	339	faucets, the replacement of ballcocks or water control valves, the
340	340	replacement of garbage disposals, or the replacement of water
341	341	closets or urinals. A replacement must comply with current code
342	342	requirements. The municipality may prescribe the terms on which
343	343	the permit is issued.
344	344	SECTION 18. The change in law made by this Act to Section
345	345	1301.151(a), Occupations Code, does not affect the entitlement of a
346	346	member serving on the Texas State Board of Plumbing Examiners
347	347	immediately before the effective date of this Act to continue to
348	348	serve as a member of the board for the remainder of the member's
349	349	term. The change in law applies only to a member appointed on or
350	350	after the effective date of this Act.
351	351	SECTION 19. (a) The changes in law made by this Act apply
352	352	only to an application for a certificate of registration as a drain
353	353	cleaner, drain cleaner-restricted registrant, or residential
354	354	utilities installer submitted on or after the effective date of
355	355	this Act. An application for a certificate of registration
356	356	submitted before the effective date of this Act is governed by the
357	357	law in effect on the date the application was submitted, and the
358	358	former law is continued in effect for that purpose.
359	359	(b) A person who holds a certificate of registration as a
360	360	drain cleaner, drain cleaner-restricted registrant, or residential
361	361	utilities installer issued before the effective date of this Act
362	362	may continue to renew that certificate of registration without
363	363	complying with the changes in law made by this Act relating to the
364	364	work requirement under the supervision of a responsible master
365	365	plumber.
366	366	(c) The changes in law made by this Act apply only to an
367	367	application for a license as a journeyman plumber submitted on or
368	368	after the effective date of this Act. An application for a license
369	369	submitted before the effective date of this Act is governed by the
370	370	law in effect on the date the application was submitted, and the
371	371	former law is continued in effect for that purpose.
372	372	(d) A person who holds a license as a journeyman plumber
373	373	issued before the effective date of this Act may continue to renew
374	374	that license without complying with the changes in law made by this
375	375	Act relating to the work requirement under the supervision of a
376	376	responsible master plumber.
377	377	SECTION 20. (a) Section 1301.356(b-1), Occupations Code,
378	378	as added by this Act, applies only to an application for an
379	379	endorsement to perform medical gas piping installation submitted on
380	380	or after the effective date of this Act. An application for an
381	381	endorsement submitted before the effective date of this Act is
382	382	governed by the law in effect on the date the application was
383	383	submitted, and the former law is continued in effect for that
384	384	purpose.
385	385	(b) Section 1301.404(b), Occupations Code, as amended by
386	386	this Act, applies only to the renewal of a license or endorsement
387	387	that expires on or after the effective date of this Act. A license
388	388	or endorsement that expired before the effective date of this Act is
389	389	governed by the law in effect on the date the license or endorsement
390	390	expired, and the former law is continued in effect for that purpose.
391	391	(c) Section 1301.405(a), Occupations Code, as amended by
392	392	this Act, applies only to the renewal of a certificate of
393	393	registration as a drain cleaner, drain cleaner-restricted
394	394	registrant, or residential utilities installer that expires on or
395	395	after the effective date of this Act. A certificate of registration
396	396	that expired before the effective date of this Act is governed by
397	397	the law in effect on the date the certificate of registration
398	398	expired, and the former law is continued in effect for that purpose.
399	399	(d) Section 1301.406, Occupations Code, as added by this
400	400	Act, applies only to the renewal of a certificate of registration as
401	401	a plumber's apprentice that expires on or after the effective date
402	402	of this Act. A certificate of registration that expired before the
403	403	effective date of this Act is governed by the law in effect on the
404	404	date the certificate of registration expired, and the former law is
405	405	continued in effect for that purpose.
406	406	SECTION 21. As soon as practicable after the effective date
407	407	of this Act, the Texas State Board of Plumbing Examiners shall adopt
408	408	rules necessary to implement Chapter 1301, Occupations Code, as
409	409	amended by this Act.
410	410	SECTION 22. This Act takes effect September 1, 2015.