84R24479 TSR-D
By: Smith H.B. No. 2465
Substitute the following for H.B. No. 2465:
By: Smith C.S.H.B. No. 2465
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of plumbers; amending
provisions subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1301.002, Occupations Code, is amended
by amending Subdivisions (1-a), (2), (3), (4), (6), (9), and (12)
and adding Subdivisions (1-b) and (7-a) to read as follows:
(1-a) "Control valve" means a valve that operates each
time water is supplied to, or shut off from, a receptacle or
plumbing fixture. The term does not include a stop valve that may be
installed in the water supply branch to the control valve.
(1-b) "Executive director" means the executive
director of the Texas State Board of Plumbing Examiners.
(2) "Drain cleaner" means a person who:
(A) has completed at least 4,000 hours working
under the supervision of a responsible master plumber as a drain
cleaner-restricted registrant or a tradesman plumber-limited
license holder;
(B) has fulfilled the requirements of and is
registered with the board; and
(C) installs cleanouts and removes and resets
p-traps to eliminate obstructions in building drains and sewers
under the supervision of a responsible master plumber.
(3) "Drain cleaner-restricted registrant" means a
person who:
(A) has worked as a plumber's apprentice under
the supervision of a responsible master plumber;
(B) has fulfilled the requirements of and is
registered with the board; and
(C) clears obstructions in sewer and drain lines
through any code-approved existing opening under the supervision of
a responsible master plumber.
(4) "Journeyman plumber" means a person licensed under
this chapter who:
(A) has met the qualifications for registration
as a plumber's apprentice or for licensing as a tradesman
plumber-limited license holder;
(B) has completed at least 8,000 hours working
under the supervision of a responsible master plumber;
(C) installs, changes, repairs, services, or
renovates plumbing or supervises any of those activities under the
supervision of a responsible master plumber;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the
board.
(6) "Plumber's apprentice" means a person other than a
master plumber, journeyman plumber, or tradesman plumber-limited
license holder who, as the person's principal occupation, learns
about and assists in the installation, repair, and replacement of
plumbing, has fulfilled the requirements of and is registered by
the board, and works under the supervision of a responsible master
plumber and the direct supervision of a licensed plumber.
(7-a) "Plumbing company" means a business that:
(A) is registered with the board;
(B) employs a responsible master plumber; or
(C) is owned by a responsible master plumber.
(9) "Residential utilities installer" means a person
who:
(A) has completed at least 2,000 hours working
under the supervision of a responsible master plumber as a
plumber's apprentice;
(B) has fulfilled the requirements of and is
registered with the board; and
(C) [constructs and] installs, repairs, or
replaces yard water service piping or building sewers for
one-family or two-family dwellings [and building sewers] under the
supervision of a responsible master plumber.
(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 to the potable water system or indirectly to
the sanitary drainage 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:
(A) employed by a political subdivision to engage
in plumbing only within the geographic boundaries of the political
subdivision; or
(B) engaged by a public service company to:
(i) [(A)] lay, maintain, or operate its
service mains or lines to the point of measurement; and
(ii) [(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 1301.151(a), Occupations Code, is
amended to read as follows:
(a) The Texas State Board of Plumbing Examiners consists of
nine members appointed by the governor with the advice and consent
of the senate as follows:
(1) one member who has at least 10 years' practical
experience and is licensed as a master plumber;
(2) one member who has at least five years' practical
experience and is licensed as a journeyman plumber;
(3) one member who has at least five years' practical
experience and is licensed as a plumbing inspector;
(4) one member who has been a responsible master
plumber for at least five years [is a plumbing contractor] with at
least 10 [five] years' experience as a licensed journeyman plumber
or master plumber;
(5) one member who is a licensed engineer practicing
in the field of plumbing engineering;
(6) two members who are building contractors with at
least five years' contracting experience, one of whom is
principally engaged in home building and one of whom is principally
engaged in commercial building; and
(7) two members who represent the public.
SECTION 4. Section 1301.202(a), Occupations Code, is
amended to read as follows:
(a) The board shall employ one or more plumbing examiners.
A plumbing examiner serves at the will of the board. A plumbing
examiner must:
(1) hold a license as a plumber issued under this
chapter;
(2) be knowledgeable of this chapter and municipal
ordinances relating to plumbing; and
(3) be qualified by experience and training in
plumbing practice.
SECTION 5. Section 1301.203(a), Occupations Code, is
amended to read as follows:
(a) The board may employ a field representative to assist
the board in enforcing this chapter and rules adopted under this
chapter. A field representative must:
(1) hold a license issued [as a plumber] under this
chapter;
(2) be knowledgeable of this chapter and municipal
ordinances relating to plumbing; and
(3) be qualified by experience and training in
plumbing practice or inspections.
SECTION 6. Section 1301.204, Occupations Code, is amended
to read as follows:
Sec. 1301.204. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director [presiding officer of the
board or the presiding officer's designee] shall develop an
intra-agency career ladder program. The program must require
intra-agency posting of each nonentry level position at least 10
days before the date of any public posting.
(b) The executive director [presiding officer of the board
or the presiding officer's designee] shall develop a system of
annual performance evaluations based on measurable job tasks. All
merit pay for board employees must be based on the system
established under this subsection.
SECTION 7. Sections 1301.255(a) and (b), Occupations Code,
are amended to read as follows:
(a) The board shall adopt the following [plumbing] codes, as
those codes existed on January 1, 2015 [May 31, 2001]:
(1) the Uniform Plumbing Code, as published by the
International Association of Plumbing and Mechanical Officials;
[and]
(2) the International Plumbing Code, as published by
the International Code Council;
(3) the NFPA 13D Standard for the Installation of
Sprinkler Systems in One- and Two-family Dwellings and Manufactured
Homes, as published by the National Fire Protection Association;
and
(4) the NFPA 99 Health Care Facilities Code, as
published by the National Fire Protection Association.
(b) If a code described by [The board by rule may adopt later
editions of the plumbing codes listed in] Subsection (a) is
replaced by a later edition after January 1, 2015, the requirements
and standards of the new edition shall be used in place of the
January 1, 2015, edition if the new edition is adopted by the board
by rule after the board determines that use of the new edition is:
(1) in the public interest; and
(2) consistent with the purposes of this chapter.
SECTION 8. Sections 1301.304(a) and (b), Occupations Code,
are amended to read as follows:
(a) On receiving a written and signed complaint alleging a
violation of this chapter or a board rule:
(1) the [The] enforcement committee or an employee
designated by the enforcement committee may investigate the [an]
alleged violation; and
(2) the [of this chapter or a board rule that is
reported to the board.
[(b) The] enforcement committee shall determine whether a
person has committed the violation and shall recommend appropriate
sanctions to the board or, if the enforcement committee determines
that the complaint is without merit, dismissal of the complaint.
SECTION 9. Section 1301.354(c), Occupations Code, is
amended to read as follows:
(c) At the applicant's request, the board may credit an
applicant under Subsection (b) with up to 1,000 [500] hours of the
work experience required before taking an examination if the
applicant has completed the classroom portion of a training
program:
(1) approved by the United States Department of Labor,
Office of Apprenticeship; or
(2) provided by a person approved by the board and
based on course materials approved by the board.
SECTION 10. Section 1301.356, Occupations Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) Before a person may take the examination under
Subsection (b), the person must complete training in a
board-approved training program in the area of medical gas piping
installation.
SECTION 11. Section 1301.3565, Occupations Code, is amended
by amending Subsections (a-1) and (f) and adding Subsection (g) 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;
or
(2) is a licensed engineer who designs fire sprinklers
or plumbing systems.
(f) A plumbing inspector who meets the requirements of the
board shall [may] inspect or review the plans for a multipurpose
residential fire protection sprinkler installation, repair, or
replacement.
(g) A certified fire inspector may inspect or review plans
only for the sprinkler portion of a multipurpose residential fire
sprinkler installation, repair, or replacement if the certified
fire inspector:
(1) meets or exceeds the NFPA 1031 Standard for
Professional Qualifications for Fire Inspector and Plan Examiner;
and
(2) is employed or appointed by a political
subdivision or this state.
SECTION 12. 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 is employed by[:
[(1)] a political subdivision[; or
[(2) an electric utility as defined by Section 31.002,
Utilities Code].
SECTION 13. Sections 1301.404(b) and (e), Occupations Code,
are amended to read as follows:
(b) A person who holds a license or endorsement under this
chapter must complete at least six hours of approved classroom
continuing professional education each year the person holds the
license or endorsement to renew the person's license or
endorsement. The course must include training in:
(1) this chapter and board rules;
(2) board-approved plumbing codes; and
(3) [Three of the six hours must be in the subjects of]
health protection, energy conservation, and water conservation.
(e) A person may complete the continuing professional
education requirement of this section through a correspondence
course book and test book as approved by the board.
SECTION 14. Section 1301.405(a), Occupations Code, is
amended to read as follows:
(a) To renew the certificate of registration, a person who
holds a certificate of registration under this chapter as a drain
cleaner, drain cleaner-restricted registrant, or residential
utilities installer must annually complete at least six hours of
approved classroom training that includes training in:
(1) this chapter and board rules;
(2) board-approved plumbing codes; and
(3) health protection, energy conservation [training
in health and safety requirements, board-approved plumbing codes],
and water conservation.
SECTION 15. Subchapter H, Chapter 1301, Occupations Code,
is amended by adding Section 1301.406 to read as follows:
Sec. 1301.406. MANDATORY TRAINING FOR PLUMBER'S
APPRENTICE. (a) To renew the certificate of registration for the
third renewal and any subsequent renewals, a person who holds a
certificate of registration under this chapter as a plumber's
apprentice must complete during the year preceding the renewal date
at least six hours of approved classroom training that includes
training in:
(1) this chapter and board rules;
(2) board-approved plumbing codes; and
(3) health protection, energy conservation, and water
conservation.
(b) A person may receive credit for participating in a
training program only if the program is provided:
(1) by a person approved by the board; and
(2) according to criteria adopted by the board.
(c) A plumber's apprentice who is enrolled and in good
standing in a training program approved by the United States
Department of Labor, Office of Apprenticeship, is exempt from
Subsections (a) and (b).
(d) The board by rule may exempt certain persons from the
requirements of this section if the board determines that the
exemption is in the public interest.
SECTION 16. Section 1301.452(a), Occupations Code, is
amended to read as follows:
(a) A person is subject to disciplinary action under Section
1301.451 if the person violates this chapter, an order issued by the
board, or a board rule. A violation of this chapter includes:
(1) obtaining a license, endorsement, or registration
through error or fraud;
(2) wilfully, negligently, or arbitrarily violating a
municipal rule or ordinance that regulates sanitation, drainage, or
plumbing, including falsifying a test for an inspection;
(3) making a misrepresentation of services provided or
to be provided;
(4) making a false promise with the intent to induce a
person to contract for a service; or
(5) employing a person who does not hold a license or
endorsement or who is not registered to engage in an activity for
which a license, endorsement, or registration is required under
this chapter.
SECTION 17. Sections 1301.551(a) and (c), Occupations Code,
are amended to read as follows:
(a) A municipality with more than 5,000 inhabitants shall
regulate by ordinance or bylaw the material, construction,
alteration, and inspection of any pipe, faucet, tank, valve, water
heater, or other fixture by or through which a supply of water, gas,
medical gas, medical vacuum, or sewage is used or carried.
(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, bar, or kitchen
faucets, the replacement of ballcocks or water control valves, the
replacement of garbage disposals, or the replacement of water
closets or urinals. A replacement must comply with current code
requirements. The municipality may prescribe the terms on which
the permit is issued.
SECTION 18. The change in law made by this Act to Section
1301.151(a), Occupations Code, does not affect the entitlement of a
member serving on the Texas State Board of Plumbing Examiners
immediately before the effective date of this Act to continue to
serve as a member of the board for the remainder of the member's
term. The change in law applies only to a member appointed on or
after the effective date of this Act.
SECTION 19. (a) The changes in law made by this Act apply
only to an application for a certificate of registration as a drain
cleaner, drain cleaner-restricted registrant, or residential
utilities installer submitted on or after the effective date of
this Act. An application for a certificate of registration
submitted before the effective date of this Act is governed by the
law in effect on the date the application was submitted, and the
former law is continued in effect for that purpose.
(b) A person who holds a certificate of registration as a
drain cleaner, drain cleaner-restricted registrant, or residential
utilities installer issued before the effective date of this Act
may continue to renew that certificate of registration without
complying with the changes in law made by this Act relating to the
work requirement under the supervision of a responsible master
plumber.
(c) The changes in law made by this Act apply only to an
application for a license as a journeyman plumber submitted on or
after the effective date of this Act. An application for a license
submitted before the effective date of this Act is governed by the
law in effect on the date the application was submitted, and the
former law is continued in effect for that purpose.
(d) A person who holds a license as a journeyman plumber
issued before the effective date of this Act may continue to renew
that license without complying with the changes in law made by this
Act relating to the work requirement under the supervision of a
responsible master plumber.
SECTION 20. (a) Section 1301.356(b-1), Occupations Code,
as added by this Act, applies only to an application for an
endorsement to perform medical gas piping installation submitted on
or after the effective date of this Act. An application for an
endorsement submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
(b) Section 1301.404(b), Occupations Code, as amended by
this Act, applies only to the renewal of a license or endorsement
that expires on or after the effective date of this Act. A license
or endorsement that expired before the effective date of this Act is
governed by the law in effect on the date the license or endorsement
expired, and the former law is continued in effect for that purpose.
(c) Section 1301.405(a), Occupations Code, as amended by
this Act, applies only to the renewal of a certificate of
registration as a drain cleaner, drain cleaner-restricted
registrant, or residential utilities installer that expires on or
after the effective date of this Act. A certificate of registration
that expired before the effective date of this Act is governed by
the law in effect on the date the certificate of registration
expired, and the former law is continued in effect for that purpose.
(d) Section 1301.406, Occupations Code, as added by this
Act, applies only to the renewal of a certificate of registration as
a plumber's apprentice that expires on or after the effective date
of this Act. A certificate of registration that expired before the
effective date of this Act is governed by the law in effect on the
date the certificate of registration expired, and the former law is
continued in effect for that purpose.
SECTION 21. As soon as practicable after the effective date
of this Act, the Texas State Board of Plumbing Examiners shall adopt
rules necessary to implement Chapter 1301, Occupations Code, as
amended by this Act.
SECTION 22. This Act takes effect September 1, 2015.