Texas 2019 - 86th Regular

Texas House Bill HB1670 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7842 JCG-D
2	2	By: Lambert H.B. No. 1670
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of the regulation of plumbing to the Texas
8	8	Department of Licensing and Regulation, following recommendations
9	9	of the Sunset Advisory Commission; requiring an occupational
10	10	license; authorizing a fee.
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), (1-a), (1-b), (2), (3), (4), (5),
14	14	(6), (8), (9), (10), and (11) and adding Subdivisions (1-c) and
15	15	(7-a) to read as follows:
16	16	(1) "Advisory board" ["Board"] means the Texas [State
17	17	Board of] Plumbing Advisory Board established under Subchapter C
18	18	[Examiners].
19	19	(1-a) "Commission" means the Texas Commission of
20	20	Licensing and Regulation.
21	21	(1-b) "Control valve" means a valve that operates each
22	22	time water is supplied to, or shut off from, a receptacle or
23	23	plumbing fixture. The term does not include a stop valve that may be
24	24	installed in the water supply branch to the control valve.
25	25	(1-c) "Department" means the Texas Department of
26	26	Licensing and Regulation.
27	27	(2) [(1-b)] "Executive director" means the executive
28	28	director of the department [Texas State Board of Plumbing
29	29	Examiners].
30	30	(3) "Drain cleaning" [(2) "Drain cleaner"] means [a
31	31	person who]:
32	32	(A) installing [has completed at least 4,000
33	33	hours working under the supervision of a responsible master plumber
34	34	as a drain cleaner-restricted registrant;
35	35	[(B) has fulfilled the requirements of and is
36	36	registered with the board; and
37	37	[(C) installs] cleanouts and removing [removes]
38	38	and resetting [resets] p-traps to eliminate obstructions in
39	39	building drains and sewers under the supervision of a [responsible]
40	40	master plumber; or
41	41	(B) clearing [.
42	42	[(3) "Drain cleaner-restricted registrant" means a
43	43	person who:
44	44	[(A) has worked as a plumber's apprentice under
45	45	the supervision of a responsible master plumber;
46	46	[(B) has fulfilled the requirements of and is
47	47	registered with the board; and
48	48	[(C) clears] obstructions in sewer and drain
49	49	lines through any code-approved existing opening under the
50	50	supervision of a [responsible] master plumber.
51	51	(4) "Journeyman plumber" means a person licensed under
52	52	this chapter who:
53	53	(A) has met the qualifications for registration
54	54	as a plumber's apprentice or for licensing as a tradesman
55	55	plumber-limited license holder;
56	56	(B) has completed at least 8,000 hours working
57	57	under the supervision of a [responsible] master plumber;
58	58	(C) installs, changes, repairs, services, or
59	59	renovates plumbing or supervises any of those activities under the
60	60	supervision of a [responsible] master plumber;
61	61	(D) has passed the required examination; and
62	62	(E) has fulfilled the other requirements of the
63	63	commission [board].
64	64	(5) "Master plumber" means a person licensed under
65	65	this chapter who:
66	66	(A) is skilled in the design, planning, and
67	67	superintending of plumbing and in the practical installation,
68	68	repair, and servicing of plumbing;
69	69	(B) has worked as a journeyman plumber:
70	70	(i) for at least four years; or
71	71	(ii) for at least one year and has
72	72	successfully completed a training program approved by the United
73	73	States Department of Labor Office of Apprenticeship or another
74	74	nationally recognized apprentice training program accepted by the
75	75	commission [board];
76	76	(C) performs or supervises plumbing work;
77	77	(D) has passed the required examination; and
78	78	(E) has fulfilled the other requirements of the
79	79	commission [board].
80	80	(6) "Plumber's apprentice" means a person other than a
81	81	master plumber, journeyman plumber, or tradesman plumber-limited
82	82	license holder who:
83	83	(A) [,] as the person's principal occupation,
84	84	learns about and assists in the installation of plumbing, including
85	85	drain cleaning and residential utilities installation;
86	86	(B) has fulfilled the requirements of the
87	87	commission and is registered by the department; [board,] and
88	88	(C) works under the supervision of a
89	89	[responsible] master plumber [and the direct supervision of a
90	90	licensed plumber].
91	91	(7-a) "Plumbing contractor" means a person licensed as
92	92	a plumbing contractor under this chapter who:
93	93	(A) is a master plumber, or employs a master
94	94	plumber, for the purpose of offering and performing plumbing work
95	95	that will be performed or supervised by the master plumber;
96	96	(B) is authorized to obtain permits for plumbing
97	97	work;
98	98	(C) assumes responsibility for plumbing work
99	99	performed for compensation paid to the person; and
100	100	(D) has submitted a certificate of insurance as
101	101	required by Section 1301.3576.
102	102	(8) "Plumbing inspector" means a person who:
103	103	(A) is employed by a political subdivision or
104	104	state agency, or contracts as an independent contractor with a
105	105	political subdivision or state agency, to inspect plumbing in
106	106	connection with health and safety laws, including ordinances, and
107	107	plumbing and gas codes;
108	108	(B) has passed the required examination; and
109	109	(C) has fulfilled the other requirements of the
110	110	commission [board].
111	111	(9) "Residential utilities installation"
112	112	["Residential utilities installer"] means constructing and
113	113	installing [a person who:
114	114	[(A) has completed at least 2,000 hours working
115	115	under the supervision of a master plumber as a plumber's
116	116	apprentice;
117	117	[(B) has fulfilled the requirements of and is
118	118	registered with the board; and
119	119	[(C) constructs and installs] yard water service
120	120	piping for one-family or two-family dwellings and building sewers
121	121	under the supervision of a [responsible] master plumber.
122	122	(10) "Tradesman plumber-limited license holder" means
123	123	a person who:
124	124	(A) has completed at least 4,000 hours working
125	125	under the [direct] supervision of a [journeyman or] master plumber
126	126	as a plumber's apprentice;
127	127	(B) has passed the required examination;
128	128	(C) constructs and installs plumbing for
129	129	one-family or two-family dwellings under general [the] supervision
130	130	[of a responsible master plumber]; and
131	131	(D) has fulfilled the other requirements of the
132	132	commission [board].
133	133	(11) "Water supply protection specialist" means a
134	134	person who holds an endorsement issued by the department [board] to
135	135	engage in:
136	136	(A) customer service inspections, as defined by
137	137	rule of the Texas Commission on Environmental Quality; and
138	138	(B) the installation, service, and repair of
139	139	plumbing associated with the treatment, use, and distribution use
140	140	of rainwater to supply a plumbing fixture or appliance.
141	141	SECTION 2. Sections 1301.056 and 1301.057, Occupations
142	142	Code, are amended to read as follows:
143	143	Sec. 1301.056. LAWN IRRIGATION SYSTEMS. A person licensed
144	144	by the department under this chapter [board] is not required to be
145	145	licensed by another board or agency to install or work on a lawn
146	146	irrigation system.
147	147	Sec. 1301.057. SELF-HELP PROJECT. (a) A person is not
148	148	required to be licensed under this chapter to perform plumbing,
149	149	limited to the provision of a residential potable water supply or
150	150	residential sanitary sewer connection, for a project that:
151	151	(1) is in a county a part of which is within 50 miles of
152	152	an international border; and
153	153	(2) is performed by an organization that:
154	154	(A) is certified by the Texas [Natural Resource
155	155	Conservation] Commission on Environmental Quality to provide
156	156	self-help project assistance; and
157	157	(B) provides the department [board] with the
158	158	following information before the 30th day before the date the
159	159	project begins:
160	160	(i) the exact location of the project;
161	161	(ii) the intended duration of the project;
162	162	and
163	163	(iii) other information the department
164	164	[board] requires.
165	165	(b) The department [board] may require under Subsection
166	166	(a)(2)(B)(iii) that the organization provide a post-construction
167	167	report signed by a plumbing inspector stating that the plumbing is
168	168	safe.
169	169	(c) The department [board] may provide training to an
170	170	organization that provides self-help project assistance under this
171	171	section.
172	172	SECTION 3. The heading to Subchapter C, Chapter 1301,
173	173	Occupations Code, is amended to read as follows:
174	174	SUBCHAPTER C. TEXAS [STATE BOARD OF] PLUMBING ADVISORY BOARD
175	175	[EXAMINERS]
176	176	SECTION 4. Section 1301.151, Occupations Code, is amended
177	177	to read as follows:
178	178	Sec. 1301.151. TEXAS [STATE BOARD OF] PLUMBING ADVISORY
179	179	BOARD [EXAMINERS] MEMBERSHIP. (a) The Texas [State Board of]
180	180	Plumbing Advisory Board [Examiners] consists of nine members
181	181	appointed by the presiding officer of the commission, with
182	182	commission approval, [governor with the advice and consent of the
183	183	senate] as follows:
184	184	(1) one member who has at least 10 years' practical
185	185	experience and is licensed as a master plumber;
186	186	(2) one member who has at least five years' practical
187	187	experience and is licensed as a journeyman plumber;
188	188	(3) one member who has at least five years' practical
189	189	experience and is licensed as a plumbing inspector;
190	190	(4) one member who is [has been] a plumbing contractor
191	191	[responsible master plumber for at least five years with at least 10
192	192	years' experience as a licensed journeyman plumber or master
193	193	plumber];
194	194	(5) one member who is a licensed engineer practicing
195	195	in the field of plumbing engineering;
196	196	(6) two members who are building contractors with at
197	197	least five years' contracting experience, one of whom is
198	198	principally engaged in home building and one of whom is principally
199	199	engaged in commercial building; [and]
200	200	(7) one member who is a licensed plumber; and
201	201	(8) one member [two members] who represents
202	202	[represent] the public.
203	203	(b) Each member of the advisory board must be a United
204	204	States citizen.
205	205	(c) Appointments to the advisory board shall be made without
206	206	regard to the race, color, disability, sex, religion, age, or
207	207	national origin of the appointee.
208	208	(d) Chapter 2110, Government Code, does not apply to the
209	209	composition or duration of the advisory board or to the appointment
210	210	of the advisory board's presiding officer.
211	211	SECTION 5. Section 1301.152, Occupations Code, is amended
212	212	to read as follows:
213	213	Sec. 1301.152. ELIGIBILITY OF PUBLIC MEMBER [MEMBERS]. A
214	214	person is not eligible for appointment as a public member of the
215	215	advisory board if the person or the person's spouse:
216	216	(1) is licensed by an occupational regulatory agency
217	217	in the building construction industry;
218	218	(2) is employed by or participates in the management
219	219	of an agency or business entity related to the building
220	220	construction industry; or
221	221	(3) has, other than as a consumer, a financial
222	222	interest in a business entity related to the building construction
223	223	industry.
224	224	SECTION 6. Section 1301.154, Occupations Code, is amended
225	225	to read as follows:
226	226	Sec. 1301.154. TERMS. Advisory board [Board] members serve
227	227	staggered six-year terms.
228	228	SECTION 7. Section 1301.157, Occupations Code, is amended
229	229	to read as follows:
230	230	Sec. 1301.157. OFFICER [OFFICERS]. [(a)] The presiding
231	231	officer of the commission [governor] shall designate a member of
232	232	the advisory board as the presiding officer of the board to serve in
233	233	that capacity at the pleasure of the presiding officer of the
234	234	commission [governor].
235	235	[(b) The board shall elect a secretary from its membership.]
236	236	SECTION 8. Section 1301.158, Occupations Code, is amended
237	237	to read as follows:
238	238	Sec. 1301.158. COMPENSATION [PER DIEM; REIMBURSEMENT]. An
239	239	advisory [(a) A] board member may not receive compensation [a fixed
240	240	salary] for service on the advisory board.
241	241	[(b) A board member is entitled to receive a per diem as set
242	242	by the General Appropriations Act for each day the member engages in
243	243	the business of the board.
244	244	[(c) A board member may not receive reimbursement for travel
245	245	expenses, including expenses for meals and lodging, other than
246	246	transportation expenses. A member is entitled to reimbursement for
247	247	transportation expenses as provided by the General Appropriations
248	248	Act.]
249	249	SECTION 9. Subchapter C, Chapter 1301, Occupations Code, is
250	250	amended by adding Section 1301.160 to read as follows:
251	251	Sec. 1301.160. DUTIES OF ADVISORY BOARD. The advisory
252	252	board shall provide advice and recommendations to the department on
253	253	technical matters relevant to the administration and enforcement of
254	254	this chapter, including examinations, licensing qualifications,
255	255	plumbing code requirements, and continuing education requirements.
256	256	SECTION 10. The heading to Subchapter D, Chapter 1301,
257	257	Occupations Code, is amended to read as follows:
258	258	SUBCHAPTER D. DEPARTMENT [EXECUTIVE DIRECTOR AND OTHER BOARD]
259	259	PERSONNEL
260	260	SECTION 11. Section 1301.202, Occupations Code, is amended
261	261	to read as follows:
262	262	Sec. 1301.202. CERTAIN PLUMBING EXAMINERS [EXAMINER]. (a)
263	263	If an examination required for the issuance of a license,
264	264	endorsement, or certificate of registration under this chapter
265	265	contains a practical component, the department [The board] shall
266	266	employ or contract with one or more plumbing examiners to
267	267	administer that portion of the examination. [A plumbing examiner
268	268	serves at the will of the board.] A plumbing examiner must:
269	269	(1) hold a license as a plumber issued under this
270	270	chapter; and
271	271	(2) be knowledgeable of this chapter and municipal
272	272	ordinances relating to plumbing[; and
273	273	[(3) be qualified by experience and training in
274	274	plumbing practice].
275	275	(b) A plumbing examiner shall:
276	276	(1) examine the fitness and qualifications of a person
277	277	applying to the department [board] for a license as a master
278	278	plumber, journeyman plumber, tradesman plumber-limited license
279	279	holder, or plumbing inspector; and
280	280	(2) promptly certify the result of the examination to
281	281	the department [board].
282	282	SECTION 12. Section 1301.203, Occupations Code, is amended
283	283	to read as follows:
284	284	Sec. 1301.203. FIELD REPRESENTATIVE; INSPECTIONS. (a) The
285	285	department [board] may employ a field representative to assist the
286	286	department [board] in enforcing this chapter and rules adopted
287	287	under this chapter. A field representative must[:
288	288	[(1) hold a license as a plumber under this chapter;
289	289	[(2)] be knowledgeable of this chapter and municipal
290	290	ordinances relating to plumbing[; and
291	291	[(3) be qualified by experience and training in
292	292	plumbing practice].
293	293	(b) A field representative may:
294	294	(1) conduct on-site license checks to determine
295	295	compliance with this chapter;
296	296	(2) investigate consumer complaints [filed under
297	297	Section 1301.303]; and
298	298	(3) assist municipal plumbing inspectors in enforcing
299	299	this chapter[;
300	300	[(4) issue citations as provided by Section 1301.502;
301	301	and
302	302	[(5) in the performance of the field representative's
303	303	other duties under this chapter, check the license, registration,
304	304	or endorsement of a person regulated by the Texas Department of
305	305	Licensing and Regulation in accordance with the memorandum of
306	306	understanding adopted under Section 1301.259 and report any
307	307	noncompliance to that agency].
308	308	SECTION 13. The heading to Subchapter E, Chapter 1301,
309	309	Occupations Code, is amended to read as follows:
310	310	SUBCHAPTER E. [BOARD] POWERS AND DUTIES
311	311	SECTION 14. Sections 1301.251 and 1301.253, Occupations
312	312	Code, are amended to read as follows:
313	313	Sec. 1301.251. GENERAL DUTIES [OF BOARD]. The executive
314	314	director or commission, as appropriate, [board] shall:
315	315	(1) administer this chapter; and
316	316	(2) adopt and enforce rules necessary to administer
317	317	this chapter, including requirements for the issuance and renewal
318	318	of a license, endorsement, or certificate of registration under
319	319	this chapter[; and
320	320	[(3) keep a record of each proceeding conducted before
321	321	and action taken by the board].
322	322	Sec. 1301.253. FEES. The commission [board] shall set fees
323	323	under this chapter in amounts that are reasonable and necessary to
324	324	cover the cost of administering this chapter.
325	325	SECTION 15. Sections 1301.255(a), (b), (c), and (d),
326	326	Occupations Code, are amended to read as follows:
327	327	(a) The commission [board] shall adopt the following
328	328	plumbing codes, as those codes existed on May 31, 2001:
329	329	(1) the Uniform Plumbing Code, as published by the
330	330	International Association of Plumbing and Mechanical Officials;
331	331	and
332	332	(2) the International Plumbing Code, as published by
333	333	the International Code Council.
334	334	(b) The commission [board] by rule may adopt later editions
335	335	of the plumbing codes listed in Subsection (a).
336	336	(c) Plumbing installed in an area not otherwise subject to
337	337	regulation under this chapter by a person licensed under this
338	338	chapter must be installed in accordance with a plumbing code
339	339	adopted by the commission [board] under Subsection (a) or (b).
340	340	(d) In adopting a code for the design, installation, and
341	341	maintenance of a plumbing system under this section, a municipality
342	342	or an owner of a public water system may amend any provisions of the
343	343	code to conform to local concerns that do not substantially vary
344	344	from commission [board] rules or other rules of this state.
345	345	SECTION 16. Section 1301.262, Occupations Code, is amended
346	346	to read as follows:
347	347	Sec. 1301.262. CODES [PLUMBING INSPECTOR CODE] OF CONDUCT.
348	348	(a) The commission [board] by rule shall establish a code of
349	349	conduct for licensed plumbing inspectors. The code of conduct
350	350	shall require a plumbing inspector to enforce this chapter and
351	351	commission [board] rules in a consistent manner across job sites.
352	352	(b) The commission by rule may establish standards of
353	353	conduct for a holder of a license, endorsement, or certificate of
354	354	registration issued under this chapter.
355	355	SECTION 17. Subchapter E, Chapter 1301, Occupations Code,
356	356	is amended by adding Section 1301.263 to read as follows:
357	357	Sec. 1301.263. EXAMINATION ADMINISTRATION AND CONTENT. (a)
358	358	The department shall recognize, prepare, administer, or arrange for
359	359	the administration of an examination required by this chapter.
360	360	(b) The department shall determine the minimum requirements
361	361	and passing score for an examination required by this chapter.
362	362	(c) If an examination required by this chapter contains a
363	363	practical component, the practical component must be administered
364	364	by a plumbing examiner as provided by Section 1301.202.
365	365	SECTION 18. The heading to Subchapter F, Chapter 1301,
366	366	Occupations Code, is amended to read as follows:
367	367	SUBCHAPTER F. PRACTICE BY LICENSE HOLDER [CONSUMER INTEREST
368	368	INFORMATION AND COMPLAINT PROCEDURES]
369	369	SECTION 19. Section 1301.302, Occupations Code, is amended
370	370	to read as follows:
371	371	Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A
372	372	written proposal, invoice, or contract relating to plumbing
373	373	services performed by or under the direction of a plumber licensed
374	374	under this chapter must contain the name and license number of the
375	375	plumbing contractor [responsible master plumber] and the name,
376	376	mailing address, and telephone number of the department [board].
377	377	The person who performed the services shall give the customer an
378	378	invoice or completed contract document on completion of the job,
379	379	regardless of whether the person charged a fee for performing the
380	380	services.
381	381	SECTION 20. Subchapter F, Chapter 1301, Occupations Code,
382	382	is amended by adding Section 1301.305 to read as follows:
383	383	Sec. 1301.305. SUPERVISION RULES; RESPONSIBILITY FOR
384	384	PLUMBING WORK. (a) The commission by rule shall:
385	385	(1) require that, for each task involved in plumbing,
386	386	a master plumber:
387	387	(A) perform the task; or
388	388	(B) provide general or direct supervision of a
389	389	less experienced plumber who performs the task;
390	390	(2) require that each plumber's apprentice and
391	391	tradesman plumber-limited license holder perform plumbing under
392	392	the direct or general supervision of a more experienced plumber;
393	393	(3) specify the plumbing tasks that a plumber's
394	394	apprentice or tradesman plumber-limited license holder must
395	395	perform under direct supervision and the plumbing tasks a plumber's
396	396	apprentice or tradesman plumber-limited license holder must
397	397	perform under general supervision;
398	398	(4) specify the amount of classroom training meeting
399	399	the requirements of Subsection (b), practical plumbing experience,
400	400	or a combination of that training and experience necessary to:
401	401	(A) exempt a plumber from the direct supervision
402	402	requirements under this section; and
403	403	(B) permit the plumber to perform the plumbing
404	404	under general supervision;
405	405	(5) require a plumber, other than a master plumber, to
406	406	document the plumber's:
407	407	(A) classroom training that meets the
408	408	requirements of Subsection (b); and
409	409	(B) practical plumbing experience; and
410	410	(6) require the plumbing contractor, and supervising
411	411	plumber, if any, to assume responsibility for plumbing performed,
412	412	including the quality of the plumbing and the supervision of less
413	413	experienced plumbers.
414	414	(b) Notwithstanding the minimum requirements for a
415	415	continuing education program or instructor established under this
416	416	chapter, the commission by rule shall establish minimum
417	417	requirements for classroom training, other than a continuing
418	418	education program under this chapter, that, if successfully
419	419	completed and documented by a plumber, the department shall credit
420	420	toward:
421	421	(1) the necessary classroom training required to:
422	422	(A) exempt the plumber from the direct
423	423	supervision requirements under this section; and
424	424	(B) permit the plumber to perform specified
425	425	plumbing tasks under general supervision;
426	426	(2) the continuing education required under this
427	427	chapter to renew a license, endorsement, or certificate of
428	428	registration, as applicable to the plumber; and
429	429	(3) the eligibility requirements for a license under
430	430	this chapter, as applicable to the plumber.
431	431	SECTION 21. Sections 1301.351(a), (a-1), and (c),
432	432	Occupations Code, are amended to read as follows:
433	433	(a) A person[, other than a responsible master plumber,] may
434	434	not perform or offer to perform [engage in] plumbing for
435	435	compensation unless:
436	436	(1) the person holds:
437	437	(A) a plumbing contractor license; and
438	438	(B) the proper license, endorsement, or
439	439	certificate of registration[, or endorsement] required by this
440	440	chapter to perform or supervise the performance of plumbing; [and]
441	441	(2) the person:
442	442	(A) is employed by a plumbing contractor;
443	443	(B) performs or supervises the plumbing on behalf
444	444	of the plumbing contractor; and
445	445	(C) holds the proper license, endorsement, or
446	446	certificate of registration required by this chapter; or
447	447	(3) the person offers to perform plumbing and
448	448	contracts with a plumbing contractor for the performance of the
449	449	plumbing [the person's work is supervised and controlled by a
450	450	person licensed under this chapter].
451	451	(a-1) A person may not act as a plumbing contractor
452	452	[responsible master plumber] unless the person holds the
453	453	appropriate license and meets the applicable requirements [for a
454	454	responsible master plumber] under this chapter.
455	455	(c) A plumbing contractor [license holder] who is
456	456	supervising and controlling [under Subsection (a)(2)] the work of a
457	457	person engaged in the business of plumbing in the construction of a
458	458	new one-family or two-family dwelling in an unincorporated area of
459	459	the state must have training and management responsibility for, and
460	460	shall review and inspect, the person's work. The plumbing
461	461	contractor [license holder] is not required to provide continuous
462	462	or uninterrupted on-the-job oversight of the person's work.
463	463	SECTION 22. Subchapter G, Chapter 1301, Occupations Code,
464	464	is amended by adding Section 1301.3515 to read as follows:
465	465	Sec. 1301.3515. CRIMINAL HISTORY RECORD INFORMATION FOR
466	466	LICENSE ISSUANCE. (a) The department shall require that an
467	467	applicant for a license submit a complete and legible set of
468	468	fingerprints, on a form prescribed by the executive director, to
469	469	the department or to the Department of Public Safety for the purpose
470	470	of obtaining criminal history record information from the
471	471	Department of Public Safety and the Federal Bureau of
472	472	Investigation.
473	473	(b) The department may not issue a license to a person who
474	474	does not comply with the requirement of Subsection (a).
475	475	(c) The department shall conduct a criminal history record
476	476	information check of each applicant for a license using
477	477	information:
478	478	(1) provided by the individual under this section; and
479	479	(2) made available to the department by the Department
480	480	of Public Safety, the Federal Bureau of Investigation, and any
481	481	other criminal justice agency under Chapter 411, Government Code.
482	482	(d) The department may:
483	483	(1) enter into an agreement with the Department of
484	484	Public Safety to administer a criminal history record information
485	485	check required under this section; and
486	486	(2) authorize the Department of Public Safety to
487	487	collect from each applicant the costs incurred by the Department of
488	488	Public Safety in conducting the criminal history record information
489	489	check.
490	490	SECTION 23. Section 1301.352, Occupations Code, is amended
491	491	to read as follows:
492	492	Sec. 1301.352. EXAMINATION REQUIRED. The department
493	493	[board] shall issue a license or endorsement as a master plumber,
494	494	journeyman plumber, plumbing inspector, tradesman plumber-limited
495	495	license holder, medical gas piping installation endorsement
496	496	holder, water supply protection specialist, or multipurpose
497	497	residential fire protection sprinkler specialist to a person who
498	498	demonstrates the fitness, competence, and qualifications to
499	499	receive the license or endorsement by passing a uniform, reasonable
500	500	examination.
501	501	SECTION 24. Section 1301.3522, Occupations Code, is amended
502	502	to read as follows:
503	503	Sec. 1301.3522. EXAMINATION REVIEW COURSE. (a) The
504	504	department [board] shall develop a review course in English and
505	505	Spanish to assist license applicants in preparation for each
506	506	license examination offered by the department [board]. If the
507	507	department [board] provides the review course, the department
508	508	[board] may charge a fee to an applicant who applies to take the
509	509	review course.
510	510	(b) The department [board] may provide the review course
511	511	training materials to private course providers for a fee determined
512	512	by the commission [board].
513	513	SECTION 25. Section 1301.353, Occupations Code, is amended
514	514	to read as follows:
515	515	Sec. 1301.353. INSPECTOR CONFLICTS PROHIBITED. The
516	516	department [board] may not issue a plumbing inspector license to a
517	517	person who has a financial or advisory interest in a plumbing
518	518	company.
519	519	SECTION 26. Sections 1301.354(b), (b-1), (c), (c-1), and
520	520	(d), Occupations Code, are amended to read as follows:
521	521	(b) A person who has worked as a plumber's apprentice for a
522	522	period established by law or commission [board] rule may apply to
523	523	take an examination for a license as a journeyman plumber or
524	524	tradesman plumber-limited license holder. Before the applicant may
525	525	take the examination, the applicant must complete classroom
526	526	training provided by a department-approved [board-approved]
527	527	instructor in a department-approved [board-approved] training
528	528	program in the areas of health and safety, applicable plumbing
529	529	codes, and water conservation for at least:
530	530	(1) 24 hours if the applicant is applying to take a
531	531	tradesman plumber-limited license holder examination; or
532	532	(2) 48 hours if the applicant is applying to take a
533	533	journeyman plumber examination.
534	534	(b-1) At the applicant's request, the department [board]
535	535	may credit an applicant under Subsection (b) with a number of hours
536	536	determined by commission [board] rule against the number of hours
537	537	of work experience required to take an examination if the applicant
538	538	has received an associate of applied science degree from a plumbing
539	539	technology program that:
540	540	(1) includes a combination of classroom and on-the-job
541	541	training; and
542	542	(2) is approved by the department [board] and the
543	543	Texas Higher Education Coordinating Board.
544	544	(c) At the applicant's request, the department [board] may
545	545	credit an applicant under Subsection (b) with up to 1,000 hours of
546	546	the work experience required before taking an examination if the
547	547	applicant has completed the classroom portion of a training
548	548	program:
549	549	(1) approved by the United States Department of Labor,
550	550	Office of Apprenticeship; or
551	551	(2) provided by a person approved by the department
552	552	[board] and based on course materials approved by the department
553	553	[board].
554	554	(c-1) At the applicant's request, the department [board]
555	555	may credit an applicant under Subsection (b) with up to 250 hours of
556	556	the work experience required before taking an examination if the
557	557	applicant has completed a coherent sequence of courses in the
558	558	construction trade that are offered through a career and technical
559	559	education program that is approved by the State Board of Education.
560	560	(d) Notwithstanding the classroom training required by
561	561	Subsection (b), a plumber's apprentice may apply for and take an
562	562	examination for a license as a journeyman plumber or tradesman
563	563	plumber-limited license holder if the apprentice has received an
564	564	associate of applied science degree from a plumbing technology
565	565	program that:
566	566	(1) includes a combination of classroom and on-the-job
567	567	training; and
568	568	(2) is approved by the department [board] and the
569	569	Texas Higher Education Coordinating Board.
570	570	SECTION 27. Section 1301.3541, Occupations Code, is amended
571	571	to read as follows:
572	572	Sec. 1301.3541. APPRENTICE REGISTRATION REQUIREMENTS. The
573	573	commission [board] by rule may adopt registration requirements for
574	574	plumber's apprentices, including training and education
575	575	requirements.
576	576	SECTION 28. Sections 1301.356(d) and (e), Occupations Code,
577	577	are amended to read as follows:
578	578	(d) An endorsement under this section coincides with rules
579	579	adopted by the executive commissioner of the Health and Human
580	580	Services Commission [Texas Department of Health].
581	581	(e) A plumbing inspector who meets the requirements of the
582	582	commission [board] may hold a medical gas endorsement and inspect
583	583	medical gas piping installations.
584	584	SECTION 29. Sections 1301.3565(b) and (f), Occupations
585	585	Code, are amended to read as follows:
586	586	(b) The department [board] shall issue an endorsement as a
587	587	multipurpose residential fire protection sprinkler specialist to a
588	588	person who:
589	589	(1) holds the license described by Subsection (a);
590	590	(2) applies to the department [board] on a form
591	591	prescribed by the department [board];
592	592	(3) pays a fee set by the commission [board];
593	593	(4) presents evidence satisfactory to the department
594	594	[board] of successful completion of a training program approved by
595	595	the department [board] that provides the training necessary for the
596	596	proper design and installation of a multipurpose residential fire
597	597	protection sprinkler system as required by the applicable codes and
598	598	standards recognized by the state; and
599	599	(5) passes an examination required by the department
600	600	[board].
601	601	(f) A plumbing inspector who meets the requirements of the
602	602	commission [board] may inspect a multipurpose residential fire
603	603	protection sprinkler installation.
604	604	SECTION 30. Section 1301.357(b), Occupations Code, is
605	605	amended to read as follows:
606	606	(b) The department [board] shall issue an endorsement as a
607	607	water supply protection specialist to a person who:
608	608	(1) is licensed under this chapter as a master plumber
609	609	or journeyman plumber;
610	610	(2) applies to the department [board] on a form
611	611	prescribed by the department [board];
612	612	(3) pays a fee set by the commission [board];
613	613	(4) presents evidence satisfactory to the department
614	614	[board] of successful completion of a certification program
615	615	approved by the department [board] for water supply protection
616	616	specialists; and
617	617	(5) passes an examination required by the department
618	618	[board].
619	619	SECTION 31. Section 1301.3575, Occupations Code, is amended
620	620	to read as follows:
621	621	Sec. 1301.3575. REGISTRATION OF PLUMBER'S APPRENTICES
622	622	[CERTAIN PERSONS]. The department [board] shall register a person
623	623	who complies with this chapter as a [drain cleaner, drain
624	624	cleaner-restricted registrant, residential utilities installer,
625	625	or] plumber's apprentice.
626	626	SECTION 32. Section 1301.3576, Occupations Code, is amended
627	627	to read as follows:
628	628	Sec. 1301.3576. CERTIFICATE OF INSURANCE [AND TRAINING] FOR
629	629	PLUMBING CONTRACTOR [RESPONSIBLE MASTER PLUMBER]. Before a
630	630	plumbing contractor offers or performs plumbing [master plumber
631	631	works as a responsible master plumber], the plumbing contractor
632	632	[master plumber] must[:
633	633	[(1)] provide the department [board] with a
634	634	certificate of insurance that meets the requirements of Section
635	635	1301.552[; and
636	636	[(2) present evidence satisfactory to the board of
637	637	successful completion of a training program approved or
638	638	administered by the board regarding the laws and rules applicable
639	639	to the operation of a plumbing business in this state].
640	640	SECTION 33. Subchapter G, Chapter 1301, Occupations Code,
641	641	is amended by adding Sections 1301.3581 and 1301.360 to read as
642	642	follows:
643	643	Sec. 1301.3581. RECIPROCITY. (a) The commission or
644	644	department may waive any prerequisite to obtaining a license,
645	645	endorsement, or certificate of registration issued under this
646	646	chapter for an applicant who holds a similar license, endorsement,
647	647	or certificate issued by another jurisdiction.
648	648	(b) The commission may make an agreement, subject to the
649	649	approval of the governor, with another state to allow for licensing
650	650	by reciprocity if the other state has requirements for a license,
651	651	endorsement, or certificate substantially equivalent to those of
652	652	this state.
653	653	(c) An applicant under this section must:
654	654	(1) apply in the same manner and form as any other
655	655	applicant under this chapter; and
656	656	(2) provide the department with documents and other
657	657	evidence that substantiate the applicant's qualifications.
658	658	(d) An applicant for a license, endorsement, or certificate
659	659	of registration issued under this section may not be required to
660	660	undergo an examination to obtain the license, endorsement, or
661	661	certificate if the applicant has held an equivalent license,
662	662	endorsement, or certificate in another jurisdiction for at least
663	663	two years. The department in accordance with commission rules may
664	664	determine whether a license, endorsement, or certificate issued by
665	665	another jurisdiction is equivalent to a license, endorsement, or
666	666	certificate issued under this chapter.
667	667	Sec. 1301.360. TEMPORARY LICENSE. (a) The department may
668	668	issue a temporary license, endorsement, or certificate of
669	669	registration to an applicant as provided by Section 51.407.
670	670	(b) Notwithstanding Section 51.407, a temporary license
671	671	issued under this section expires on the 30th day after the date of
672	672	issuance and may not be renewed.
673	673	SECTION 34. Section 1301.401, Occupations Code, is amended
674	674	to read as follows:
675	675	Sec. 1301.401. [ANNUAL] RENEWAL REQUIRED. (a) A license or
676	676	certificate of registration under this chapter is valid for one or
677	677	two years as determined by commission rule [year]. On payment of
678	678	the required fee, a license may be renewed [annually].
679	679	(b) The commission [board] by rule shall establish the
680	680	requirements for renewing a license, endorsement, or certificate of
681	681	registration under this chapter and may adopt a system under which
682	682	licenses, endorsements, and certificates of registration
683	683	[registrations] expire on various dates during the year.
684	684	(c) An endorsement issued under Section 1301.356,
685	685	1301.3565, or 1301.357 expires on the date the master plumber or
686	686	journeyman plumber license of the endorsement holder expires. Any
687	687	continuing education requirement established by rule and
688	688	applicable to an endorsement issued under this chapter must be
689	689	completed before the endorsement holder may renew the endorsement.
690	690	SECTION 35. Sections 1301.404(a), (c), (d), (e), and (f),
691	691	Occupations Code, are amended to read as follows:
692	692	(a) The commission by rule [board] shall establish:
693	693	(1) minimum curriculum standards for [recognize,
694	694	approve, and administer] continuing education programs and courses
695	695	for persons who hold a license [licenses] or endorsement issued
696	696	[endorsements] under this chapter; and
697	697	(2) minimum qualifications for an instructor of the
698	698	continuing education programs and courses described by Subdivision
699	699	(1).
700	700	(c) The department shall approve:
701	701	(1) a program or course that meets the minimum
702	702	curriculum standards established by the commission under
703	703	Subsection (a); and
704	704	(2) an instructor who meets the minimum qualifications
705	705	established by the commission under Subsection (a) [board by rule
706	706	shall adopt the criteria for the continuing professional
707	707	education].
708	708	(d) A person may receive credit for participating in a
709	709	continuing professional education program or course only if the
710	710	program or course is approved by the department [provided:
711	711	[(1) by an individual, business, or association
712	712	approved by the board; and
713	713	[(2) according to criteria adopted by the board].
714	714	(e) A person may complete the continuing professional
715	715	education requirement of this section through a correspondence
716	716	course as approved by the department [board].
717	717	(f) The commission [board] by rule may exempt certain
718	718	persons from the requirements of this section if the commission
719	719	[board] determines that the exemption is in the public interest.
720	720	SECTION 36. Section 1301.405, Occupations Code, is amended
721	721	to read as follows:
722	722	Sec. 1301.405. [MANDATORY] TRAINING FOR PLUMBER'S
723	723	APPRENTICE [DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT,
724	724	AND RESIDENTIAL UTILITIES INSTALLER]. The commission by rule may
725	725	establish continuing education requirements for persons [(a) To
726	726	renew the certificate of registration, a person] who hold [holds] a
727	727	certificate of registration under this chapter as a plumber's
728	728	apprentice [drain cleaner, drain cleaner-restricted registrant, or
729	729	residential utilities installer must annually complete at least six
730	730	hours of approved training that includes training in health and
731	731	safety requirements, board-approved plumbing codes, and water
732	732	conservation].
733	733	[(b) A person may receive credit for participating in a
734	734	training program only if the program is provided:
735	735	[(1) by a person approved by the board; and
736	736	[(2) according to criteria adopted by the board.
737	737	[(c) The board by rule may exempt certain persons from the
738	738	requirements of this section if the board determines that the
739	739	exemption is in the public interest.]
740	740	SECTION 37. Sections 1301.406(a) and (c), Occupations Code,
741	741	are amended to read as follows:
742	742	(a) On approval by the department [board], a person who
743	743	holds an unexpired license under this chapter and whose license has
744	744	been held continuously for at least 35 consecutive years may
745	745	transfer the license number on the date of the person's retirement
746	746	or death to another person who:
747	747	(1) is related within the second degree by
748	748	consanguinity to the transferor; and
749	749	(2) holds a license issued under this chapter that is
750	750	the same type of license as the license held by the transferor.
751	751	(c) The department [board] shall transfer a license number
752	752	to a person who submits an application and presents evidence
753	753	satisfactory to the department [board] that:
754	754	(1) the person meets the requirements under
755	755	Subsections (a)(1) and (a)(2); and
756	756	(2) the transferor is retired or dead.
757	757	SECTION 38. The heading to Subchapter I, Chapter 1301,
758	758	Occupations Code, is amended to read as follows:
759	759	SUBCHAPTER I. DISCIPLINARY ACTION [PROCEDURES]
760	760	SECTION 39. Section 1301.452, Occupations Code, is amended
761	761	to read as follows:
762	762	Sec. 1301.452. GROUNDS FOR DISCIPLINARY ACTION. The
763	763	commission, department, or executive director may enforce this
764	764	chapter, a rule adopted under this chapter, or an order of the
765	765	commission or executive director as provided by Chapter 51 [(a) A
766	766	person is subject to disciplinary action under Section 1301.451 if
767	767	the person violates this chapter, an order issued by the board, or a
768	768	board rule]. A violation of this chapter includes:
769	769	(1) attempting to obtain or obtaining a license,
770	770	endorsement, or registration through [error or] fraud;
771	771	(2) wilfully, negligently, or arbitrarily violating a
772	772	municipal rule or ordinance that regulates sanitation, drainage, or
773	773	plumbing;
774	774	(3) making a misrepresentation of services provided or
775	775	to be provided;
776	776	(4) making a false promise with the intent to induce a
777	777	person to contract for a service; [or]
778	778	(5) employing a person who does not hold a license or
779	779	endorsement or who is not registered to engage in an activity for
780	780	which a license, endorsement, or certificate of registration is
781	781	required under this chapter;
782	782	(6) performing plumbing without holding the proper
783	783	license, endorsement, or certificate of registration required by
784	784	this chapter;
785	785	(7) offering to perform or performing plumbing for
786	786	compensation without holding a plumbing contractor license or
787	787	acting on behalf of a plumbing contractor, or contracting with a
788	788	plumbing contractor to perform the offered plumbing;
789	789	(8) performing plumbing in violation of a plumbing
790	790	code adopted under Section 1301.255; or
791	791	(9) failing to supervise plumbing as required by this
792	792	chapter or commission rule.
793	793	[(b) Retesting procedures may be used to determine whether
794	794	grounds exist for suspension or revocation of a license,
795	795	endorsement, or registration due to incompetence or a wilful
796	796	violation by a person licensed under this chapter.]
797	797	SECTION 40. Section 1301.501(b), Occupations Code, is
798	798	amended to read as follows:
799	799	(b) The commission [board] shall adopt rules under this
800	800	section that include a list describing the types of plumbing to
801	801	which this section applies.
802	802	SECTION 41. Section 1301.502(a), Occupations Code, is
803	803	amended to read as follows:
804	804	(a) A [field representative,] water district plumbing
805	805	inspector[,] or, within the jurisdiction of the municipality,
806	806	municipal plumbing inspector may issue a citation to a person who
807	807	engages in conduct described by Section 1301.508.
808	808	SECTION 42. Sections 1301.507 and 1301.5071, Occupations
809	809	Code, are amended to read as follows:
810	810	Sec. 1301.507. CIVIL PENALTY. A person who violates this
811	811	chapter or a rule, permit, or order of the commission issued under
812	812	this chapter [board] is subject to a civil penalty of not less than
813	813	$50 or more than $1,000 for each act of violation and for each day of
814	814	violation after notice is provided to the person.
815	815	Sec. 1301.5071. INFORMAL SETTLEMENT CONFERENCE;
816	816	RESTITUTION. (a) The commission [board] by rule shall establish
817	817	procedures under which an informal settlement conference is
818	818	conducted to resolve a complaint against a person licensed under
819	819	this chapter.
820	820	(b) Subject to Subsection (c), the executive director
821	821	[board] may order a person licensed under this chapter to pay
822	822	restitution to a person as provided in an agreement resulting from
823	823	an informal settlement conference instead of or in addition to
824	824	assessing an administrative penalty [under Subchapter N].
825	825	(c) The amount of restitution ordered as provided by an
826	826	agreement resulting from an informal settlement conference may not
827	827	exceed the amount the person paid to the license holder for a
828	828	service regulated by this chapter. The executive director [board]
829	829	may not require payment of other damages or estimate harm in a
830	830	restitution order.
831	831	SECTION 43. Section 1301.551(g), Occupations Code, is
832	832	amended to read as follows:
833	833	(g) A [responsible master plumber,] plumbing contractor[,]
834	834	or other person who is required to obtain a permit under this
835	835	section is not required to pay a plumbing registration fee or
836	836	administrative fee in a municipality or any other political
837	837	subdivision.
838	838	SECTION 44. Section 1301.552, Occupations Code, is amended
839	839	to read as follows:
840	840	Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT
841	841	IN POLITICAL SUBDIVISION. A political subdivision that requires a
842	842	plumbing contractor [responsible master plumber] or an agent of a
843	843	plumbing contractor [responsible master plumber] to obtain a permit
844	844	before performing plumbing in the political subdivision shall
845	845	verify through the department's [board's] Internet website, or by
846	846	contacting the department [board] by telephone, that the plumbing
847	847	contractor [responsible master plumber] has on file with the
848	848	department [board] a certificate of insurance. The certificate of
849	849	insurance must:
850	850	(1) be written by an insurer authorized to engage in
851	851	the business of insurance in this state or an eligible surplus lines
852	852	insurer under Chapter 981 [, as defined by Section 981.002],
853	853	Insurance Code;
854	854	(2) provide for commercial general liability
855	855	insurance for the plumbing contractor [responsible master plumber]
856	856	for a claim for property damage or bodily injury, regardless of
857	857	whether the claim arises from negligence or on a contract; and
858	858	(3) provide coverage of not less than $300,000 for all
859	859	claims arising in a one-year period.
860	860	SECTION 45. Sections 1301.652(a) and (b), Occupations Code,
861	861	are amended to read as follows:
862	862	(a) The department [board] and the Texas Workforce
863	863	Commission shall, through the local workforce development boards,
864	864	coordinate efforts to educate the public about the plumbing
865	865	profession and the resources available to employers for the
866	866	recruitment and training of plumbers, including providing:
867	867	(1) each local workforce development board with:
868	868	(A) information about the licensing requirements
869	869	for the plumbing profession; and
870	870	(B) available statistical data regarding
871	871	plumbing; and
872	872	(2) a link to each agency's Internet site and to the
873	873	Internet sites of other local workforce development boards.
874	874	(b) The department [board] may, during public and industry
875	875	awareness seminars, raise awareness of the career ladder in the
876	876	plumbing industry and the opportunities that plumbing
877	877	apprenticeships offer.
878	878	SECTION 46. Section 132.002(a), Education Code, is amended
879	879	to read as follows:
880	880	(a) The following schools or educational institutions may
881	881	be exempted from this chapter by the commission under Subsection
882	882	(d):
883	883	(1) a school or educational institution supported by
884	884	taxation from either a local or state source;
885	885	(2) a nonprofit school owned, controlled, operated,
886	886	and conducted by a bona fide religious, denominational,
887	887	eleemosynary, or similar public institution exempt from property
888	888	taxation under the laws of this state;
889	889	(3) a school or training program that offers
890	890	instruction of purely avocational or recreational subjects as
891	891	determined by the commission;
892	892	(4) a course or courses of instruction or study
893	893	sponsored by an employer for the training and preparation of its own
894	894	employees, and for which no tuition fee is charged to the student;
895	895	(5) a course or courses of study or instruction
896	896	sponsored by a recognized trade, business, or professional
897	897	organization for the instruction of the members of the organization
898	898	with a closed membership;
899	899	(6) a private college or university that awards a
900	900	recognized baccalaureate, or higher degree, and that maintains and
901	901	operates educational programs for which a majority of the credits
902	902	given are transferable to a college, junior college, or university
903	903	supported entirely or partly by taxation from either a local or
904	904	state source;
905	905	(7) a school or course that is otherwise regulated and
906	906	approved under and pursuant to any other law or rulemaking process
907	907	of this state or approved for continuing education credit by an
908	908	organization that accredits courses for the maintenance of a
909	909	license, except as provided by Subsection (c);
910	910	(8) an aviation school or instructor approved by and
911	911	under the supervision of the Federal Aviation Administration;
912	912	(9) a school that offers intensive review of a
913	913	student's acquired education, training, or experience to prepare
914	914	the student for an examination, other than a high school
915	915	equivalency examination, that the student by law may not take
916	916	unless the student has completed or substantially completed a
917	917	particular degree program, or that the student is required to take
918	918	as a precondition for enrollment in or admission to a particular
919	919	degree program;
920	920	(10) a private school offering primary or secondary
921	921	education, which may include a kindergarten or prekindergarten
922	922	program, and that satisfies the compulsory attendance requirements
923	923	of Section 25.085 pursuant to Section 25.086(a)(1);
924	924	(11) a course or courses of instruction by bona fide
925	925	electrical trade associations for the purpose of preparing students
926	926	for electrical tests required for licensing and for the purpose of
927	927	providing continuing education to students for the renewal of
928	928	electrical licenses;
929	929	(12) a nonprofit arts organization that has as its
930	930	primary purpose the provision of instruction in the dramatic arts
931	931	and the communications media to persons younger than 19 years of
932	932	age;
933	933	(13) a course or training program conducted by a
934	934	nonprofit association of air conditioning and refrigeration
935	935	contractors approved by the Air Conditioning and Refrigeration
936	936	Contractors Advisory Board to provide instruction for technical,
937	937	business, or license examination preparation programs relating to
938	938	air conditioning and refrigeration contracting, as that term is
939	939	defined by Chapter 1302, Occupations Code;
940	940	(14) a course of instruction by a plumbing trade
941	941	association to prepare students for a plumbing test or program
942	942	required for licensing, registration [certification], or
943	943	endorsement or to provide continuing education approved by the
944	944	Texas Department of Licensing and Regulation [State Board of
945	945	Plumbing Examiners]; and
946	946	(15) a course of instruction in the use of
947	947	technological hardware or software if the course is offered to a
948	948	purchaser of the hardware or software or to the purchaser's
949	949	employee by a person who manufactures and sells, or develops and
950	950	sells, the hardware or software, and if the seller is not primarily
951	951	in the business of providing courses of instruction in the use of
952	952	the hardware or software, as determined by the commission.
953	953	SECTION 47. Section 411.122(d), Government Code, is amended
954	954	to read as follows:
955	955	(d) The following state agencies are subject to this
956	956	section:
957	957	(1) Texas Appraiser Licensing and Certification
958	958	Board;
959	959	(2) Texas Board of Architectural Examiners;
960	960	(3) Texas Board of Chiropractic Examiners;
961	961	(4) State Board of Dental Examiners;
962	962	(5) Texas Board of Professional Engineers;
963	963	(6) Texas Funeral Service Commission;
964	964	(7) Texas Board of Professional Geoscientists;
965	965	(8) Health and Human Services Commission [Department
966	966	of State Health Services], except as provided by Section 411.110,
967	967	and agencies attached to the commission [department], including:
968	968	(A) Texas State Board of Examiners of Marriage
969	969	and Family Therapists;
970	970	(B) Texas State Board of Examiners of
971	971	Professional Counselors; and
972	972	(C) Texas State Board of Social Worker Examiners;
973	973	(9) Texas Board of Professional Land Surveying;
974	974	(10) Texas Department of Licensing and Regulation,
975	975	except as provided by Section 411.093;
976	976	(11) Texas Commission on Environmental Quality;
977	977	(12) Texas Board of Occupational Therapy Examiners;
978	978	(13) Texas Optometry Board;
979	979	(14) Texas State Board of Pharmacy;
980	980	(15) Texas Board of Physical Therapy Examiners;
981	981	(16) [Texas State Board of Plumbing Examiners;
982	982	[(17) Texas State Board of Podiatric Medical
983	983	Examiners;
984	984	[(18)] Texas State Board of Examiners of
985	985	Psychologists;
986	986	(17) [(19)] Texas Real Estate Commission;
987	987	(18) [(20)] Texas Department of Transportation;
988	988	(19) [(21)] State Board of Veterinary Medical
989	989	Examiners;
990	990	(20) [(22)] Texas Department of Housing and Community
991	991	Affairs;
992	992	(21) [(23)] secretary of state;
993	993	(22) [(24)] state fire marshal;
994	994	(23) [(25)] Texas Education Agency;
995	995	(24) [(26)] Department of Agriculture; and
996	996	(25) [(27)] Texas Department of Motor Vehicles.
997	997	SECTION 48. Section 2054.352(a), Government Code, is
998	998	amended to read as follows:
999	999	(a) The following licensing entities shall participate in
1000	1000	the system established under Section 2054.353:
1001	1001	(1) Texas Board of Chiropractic Examiners;
1002	1002	(2) Judicial Branch Certification Commission;
1003	1003	(3) State Board of Dental Examiners;
1004	1004	(4) Texas Funeral Service Commission;
1005	1005	(5) Texas Board of Professional Land Surveying;
1006	1006	(6) Texas Medical Board;
1007	1007	(7) Texas Board of Nursing;
1008	1008	(8) Texas Optometry Board;
1009	1009	(9) Department of Agriculture, for licenses issued
1010	1010	under Chapter 1951, Occupations Code;
1011	1011	(10) Texas State Board of Pharmacy;
1012	1012	(11) Executive Council of Physical Therapy and
1013	1013	Occupational Therapy Examiners;
1014	1014	(12) [Texas State Board of Plumbing Examiners;
1015	1015	[(13) Texas State Board of Podiatric Medical
1016	1016	Examiners;
1017	1017	[(14)] Texas State Board of Examiners of
1018	1018	Psychologists;
1019	1019	(13) [(15)] State Board of Veterinary Medical
1020	1020	Examiners;
1021	1021	(14) [(16)] Texas Real Estate Commission;
1022	1022	(15) [(17)] Texas Appraiser Licensing and
1023	1023	Certification Board;
1024	1024	(16) [(18)] Texas Department of Licensing and
1025	1025	Regulation;
1026	1026	(17) [(19)] Texas State Board of Public Accountancy;
1027	1027	(18) [(20)] State Board for Educator Certification;
1028	1028	(19) [(21)] Texas Board of Professional Engineers;
1029	1029	(20) Health and Human Services Commission
1030	1030	[(22) Department of State Health Services];
1031	1031	(21) [(23)] Texas Board of Architectural Examiners;
1032	1032	(22) [(24)] Texas Racing Commission;
1033	1033	(23) [(25)] Texas Commission on Law Enforcement; and
1034	1034	(24) [(26)] Texas Private Security Board.
1035	1035	SECTION 49. Sections 341.034(d) and (e), Health and Safety
1036	1036	Code, are amended to read as follows:
1037	1037	(d) A person who inspects homes and businesses to identify
1038	1038	potential or actual cross-connections or other contaminant hazards
1039	1039	in public water systems must hold a license issued by the commission
1040	1040	under Chapter 37, Water Code, unless the person is licensed by the
1041	1041	Texas Department of Licensing and Regulation [State Board of
1042	1042	Plumbing Examiners] as a plumbing inspector or water supply
1043	1043	protection specialist.
1044	1044	(e) Unless the person is licensed by the Texas Department of
1045	1045	Licensing and Regulation to perform plumbing [State Board of
1046	1046	Plumbing Examiners], a person must hold a license issued by the
1047	1047	commission under Chapter 37, Water Code, if, under a contract, the
1048	1048	person:
1049	1049	(1) installs, exchanges, connects, maintains, or
1050	1050	services potable water treatment equipment and appliances in public
1051	1051	or private water systems; or
1052	1052	(2) analyzes water to determine how to treat influent
1053	1053	or effluent water, alter or purify water, or add or remove a
1054	1054	mineral, chemical, or bacterial content or substance as part of the
1055	1055	complete installation, exchange, connection, maintenance, or
1056	1056	service of potable water treatment equipment and appliances.
1057	1057	SECTION 50. Section 341.042(b-2), Health and Safety Code,
1058	1058	is amended to read as follows:
1059	1059	(b-2) A person who installs and maintains rainwater
1060	1060	harvesting systems that are connected to a public water supply
1061	1061	system and are used for potable purposes must be licensed by the
1062	1062	Texas Department of Licensing and Regulation [State Board of
1063	1063	Plumbing Examiners] as a master plumber or journeyman plumber and
1064	1064	hold an endorsement issued by the department [board] as a water
1065	1065	supply protection specialist.
1066	1066	SECTION 51. Section 341.068(b), Health and Safety Code, is
1067	1067	amended to read as follows:
1068	1068	(b) The executive commissioner shall adopt rules to
1069	1069	implement Subsection (a), including a rule that in providing
1070	1070	sufficient restrooms a ratio of not less than 2:1 women's-to-men's
1071	1071	restrooms or other minimum standards established in consultation
1072	1072	with the Texas Department of Licensing and Regulation [State Board
1073	1073	of Plumbing Examiners] shall be maintained if the use of the
1074	1074	restrooms is designated by gender. The rules shall apply to
1075	1075	facilities where the public congregates and on which construction
1076	1076	is started on or after January 1, 1994, or on which structural
1077	1077	alterations, repairs, or improvements exceeding 50 percent of the
1078	1078	entire facility are undertaken on or after January 1, 1994.
1079	1079	SECTION 52. Section 372.003(d), Health and Safety Code, is
1080	1080	amended to read as follows:
1081	1081	(d) Rules adopted or amended under this section shall be
1082	1082	developed by the commission in conjunction with a technical
1083	1083	advisory panel of designated representatives of the Texas Water
1084	1084	Development Board and the Texas [State Board of] Plumbing Advisory
1085	1085	Board established under Subchapter C, Chapter 1301, Occupations
1086	1086	Code [Examiners].
1087	1087	SECTION 53. Sections 372.0035(f) and (h), Health and Safety
1088	1088	Code, are amended to read as follows:
1089	1089	(f) If a person licensed under Chapter 1301, Occupations
1090	1090	Code, violates this section, the Texas Department of Licensing and
1091	1091	Regulation [State Board of Plumbing Examiners] may discipline the
1092	1092	person [under Subchapter I of that chapter] as if a violation of
1093	1093	this section were a violation of Chapter 1301, Occupations Code
1094	1094	[that chapter].
1095	1095	(h) Within [A field representative of the Texas State Board
1096	1096	of Plumbing Examiners or, within] the jurisdiction of a
1097	1097	municipality, a municipal plumbing inspector may issue a citation
1098	1098	to a person who violates this section.
1099	1099	SECTION 54. Section 233.154(a), Local Government Code, is
1100	1100	amended to read as follows:
1101	1101	(a) A person who builds new residential construction
1102	1102	described by Section 233.153 shall have the construction inspected
1103	1103	to ensure building code compliance in accordance with this section
1104	1104	as follows:
1105	1105	(1) for new residential construction on a vacant lot,
1106	1106	a minimum of three inspections must be performed during the
1107	1107	construction project to ensure code compliance, as applicable, at
1108	1108	the following stages of construction:
1109	1109	(A) the foundation stage, before the placement of
1110	1110	concrete;
1111	1111	(B) the framing and mechanical systems stage,
1112	1112	before covering with drywall or other interior wall covering; and
1113	1113	(C) on completion of construction of the
1114	1114	residence;
1115	1115	(2) for new residential construction of an addition to
1116	1116	an existing residence as described by Section 233.151(a)(2), the
1117	1117	inspections under Subdivision (1) must be performed as necessary
1118	1118	based on the scope of work of the construction project; and
1119	1119	(3) for new residential construction on a vacant lot
1120	1120	and for construction of an addition to an existing residence, the
1121	1121	builder:
1122	1122	(A) is responsible for contracting to perform the
1123	1123	inspections required by this subsection with:
1124	1124	(i) a licensed engineer;
1125	1125	(ii) a registered architect;
1126	1126	(iii) a professional inspector licensed by
1127	1127	the Texas Real Estate Commission;
1128	1128	(iv) a plumbing inspector employed by a
1129	1129	municipality and licensed by the Texas Department of Licensing and
1130	1130	Regulation [State Board of Plumbing Examiners];
1131	1131	(v) a building inspector employed by a
1132	1132	political subdivision; or
1133	1133	(vi) an individual certified as a
1134	1134	residential combination inspector by the International Code
1135	1135	Council; and
1136	1136	(B) may use the same inspector for all the
1137	1137	required inspections or a different inspector for each required
1138	1138	inspection.
1139	1139	SECTION 55. Section 113.081(d), Natural Resources Code, is
1140	1140	amended to read as follows:
1141	1141	(d) The commission by rule may exempt from Section
1142	1142	113.082(a)(4) [of this code] journeymen or master plumbers licensed
1143	1143	by the Texas Department of Licensing and Regulation [State Board of
1144	1144	Plumbing Examiners].
1145	1145	SECTION 56. Section 113.087(o), Natural Resources Code, is
1146	1146	amended to read as follows:
1147	1147	(o) The commission by rule may exempt from any provision of
1148	1148	this section:
1149	1149	(1) a journeyman or master plumber licensed by the
1150	1150	Texas Department of Licensing and Regulation [State Board of
1151	1151	Plumbing Examiners];
1152	1152	(2) a person licensed under Chapter 1302, Occupations
1153	1153	Code; or
1154	1154	(3) company representatives, operations supervisors,
1155	1155	or employees of a testing laboratory that was registered under
1156	1156	former Section 113.135 prior to the effective date of this
1157	1157	subsection.
1158	1158	SECTION 57. Section 113.097(j), Natural Resources Code, is
1159	1159	amended to read as follows:
1160	1160	(j) The commission by rule may exempt from the insurance
1161	1161	requirements of this section or adopt a reasonable alternative to
1162	1162	those requirements for:
1163	1163	(1) a master or journeyman plumber licensed by the
1164	1164	Texas Department of Licensing and Regulation [State Board of
1165	1165	Plumbing Examiners]; or
1166	1166	(2) a person licensed under Chapter 1302, Occupations
1167	1167	Code.
1168	1168	SECTION 58. Section 1903.002(b), Occupations Code, is
1169	1169	amended to read as follows:
1170	1170	(b) The licensing requirements of this chapter do not apply
1171	1171	to a person who is:
1172	1172	(1) licensed, endorsed, or registered by the Texas
1173	1173	Department of Licensing and Regulation to perform plumbing [Texas
1174	1174	State Board of Plumbing Examiners]; or
1175	1175	(2) a licensed engineer, registered architect, or
1176	1176	registered landscape architect to the extent the person's acts are
1177	1177	incidental to the pursuit of the person's profession.
1178	1178	SECTION 59. The following provisions of the Occupations
1179	1179	Code are repealed:
1180	1180	(1) Sections 51.351(c) and (d);
1181	1181	(2) Section 1301.002(9-a);
1182	1182	(3) Section 1301.003;
1183	1183	(4) Section 1301.153;
1184	1184	(5) Section 1301.155;
1185	1185	(6) Section 1301.156;
1186	1186	(7) Section 1301.159;
1187	1187	(8) Section 1301.201;
1188	1188	(9) Section 1301.204;
1189	1189	(10) Section 1301.205;
1190	1190	(11) Section 1301.207;
1191	1191	(12) Section 1301.208;
1192	1192	(13) Section 1301.252;
1193	1193	(14) Section 1301.254;
1194	1194	(15) Section 1301.256;
1195	1195	(16) Section 1301.258, as added by Chapter 1276 (H.B.
1196	1196	3507), Acts of the 78th Legislature, Regular Session, 2003;
1197	1197	(17) Section 1301.258, as added by Chapter 819 (S.B.
1198	1198	282), Acts of the 78th Legislature, Regular Session, 2003;
1199	1199	(18) Section 1301.259;
1200	1200	(19) Section 1301.260;
1201	1201	(20) Section 1301.261;
1202	1202	(21) Section 1301.301;
1203	1203	(22) Section 1301.3015;
1204	1204	(23) Section 1301.303;
1205	1205	(24) Section 1301.304;
1206	1206	(25) Section 1301.351(a-2);
1207	1207	(26) Section 1301.3521;
1208	1208	(27) Section 1301.355;
1209	1209	(28) Section 1301.356(c);
1210	1210	(29) Section 1301.3565(c);
1211	1211	(30) Section 1301.357(c);
1212	1212	(31) Section 1301.358;
1213	1213	(32) Section 1301.3585;
1214	1214	(33) Section 1301.402;
1215	1215	(34) Section 1301.403;
1216	1216	(35) Section 1301.451;
1217	1217	(36) Section 1301.4521;
1218	1218	(37) Section 1301.4522;
1219	1219	(38) Section 1301.453;
1220	1220	(39) Section 1301.454;
1221	1221	(40) Section 1301.502(b);
1222	1222	(41) Section 1301.504;
1223	1223	(42) Section 1301.5045;
1224	1224	(43) Section 1301.505;
1225	1225	(44) Section 1301.506; and
1226	1226	(45) Subchapter N, Chapter 1301.
1227	1227	SECTION 60. (a) The Texas State Board of Plumbing Examiners
1228	1228	is abolished but continues in existence until September 1, 2020,
1229	1229	for the sole purpose of transferring obligations, property, rights,
1230	1230	powers, and duties to the Texas Department of Licensing and
1231	1231	Regulation. The Texas Department of Licensing and Regulation
1232	1232	assumes all of the obligations, property, rights, powers, and
1233	1233	duties of the Texas State Board of Plumbing Examiners as they exist
1234	1234	immediately before the effective date of this Act. All unexpended
1235	1235	funds appropriated to the Texas State Board of Plumbing Examiners
1236	1236	are transferred to the Texas Department of Licensing and
1237	1237	Regulation.
1238	1238	(b) The Texas State Board of Plumbing Examiners and the
1239	1239	Texas Department of Licensing and Regulation shall, in consultation
1240	1240	with appropriate state entities, ensure that the transfer of the
1241	1241	obligations, property, rights, powers, and duties of the Texas
1242	1242	State Board of Plumbing Examiners to the Texas Department of
1243	1243	Licensing and Regulation is completed not later than September 1,
1244	1244	2020.
1245	1245	(c) All rules of the Texas State Board of Plumbing Examiners
1246	1246	are continued in effect as rules of the Texas Department of
1247	1247	Licensing and Regulation until superseded by a rule of the Texas
1248	1248	Department of Licensing and Regulation. A license, endorsement, or
1249	1249	certificate of registration issued by the Texas State Board of
1250	1250	Plumbing Examiners is continued in effect as provided by the law in
1251	1251	effect immediately before the effective date of this Act. An
1252	1252	application for a license, endorsement, or certificate of
1253	1253	registration pending on the effective date of this Act is continued
1254	1254	without change in status after the effective date of this Act. A
1255	1255	complaint, investigation, contested case, or other proceeding
1256	1256	pending on the effective date of this Act is continued without
1257	1257	change in status after the effective date of this Act.
1258	1258	(d) Unless the context indicates otherwise, a reference to
1259	1259	the Texas State Board of Plumbing Examiners in a law or
1260	1260	administrative rule means the Texas Department of Licensing and
1261	1261	Regulation.
1262	1262	SECTION 61. Notwithstanding any other provision of this
1263	1263	Act:
1264	1264	(1) the authorization of a person holding a
1265	1265	designation on September 1, 2019, to act as a responsible master
1266	1266	plumber continues in effect until September 1, 2020;
1267	1267	(2) a person is not required to hold a plumbing
1268	1268	contractor license to perform or offer to perform plumbing for
1269	1269	compensation until September 1, 2020; and
1270	1270	(3) a person holding a designation to act as a
1271	1271	responsible master plumber on September 1, 2019, may apply at no
1272	1272	cost to the person for a plumbing contractor license until
1273	1273	September 1, 2020, and after September 1, 2020, if the person
1274	1274	applies for a plumbing contractor license, the person shall pay any
1275	1275	fee required by law for the plumbing contractor license.
1276	1276	SECTION 62. (a) Not later than December 1, 2019, the
1277	1277	presiding officer of the Texas Commission of Licensing and
1278	1278	Regulation shall appoint members to the Texas Plumbing Advisory
1279	1279	Board in accordance with Section 1301.151, Occupations Code, as
1280	1280	amended by this Act. A member whose term expired under Section 60
1281	1281	of this Act is eligible for appointment to the advisory board.
1282	1282	(b) The members of the Texas State Board of Plumbing
1283	1283	Examiners whose terms expire under Section 60 of this Act shall
1284	1284	continue to provide advice to the Texas Department of Licensing and
1285	1285	Regulation until a majority of the members of the advisory board are
1286	1286	appointed under Subsection (a) of this section and qualified.
1287	1287	SECTION 63. (a) Not later than:
1288	1288	(1) September 1, 2021, the Texas Department of
1289	1289	Licensing and Regulation shall obtain criminal history record
1290	1290	information using a person's name, date of birth, and other
1291	1291	alphanumeric identifiers on each person who:
1292	1292	(A) on September 1, 2019, holds a license issued
1293	1293	under Chapter 1301, Occupations Code; and
1294	1294	(B) did not undergo a criminal history record
1295	1295	information check based on the person's name or fingerprints on
1296	1296	submission of the person's initial license application; and
1297	1297	(2) September 1, 2023, the Texas Department of
1298	1298	Licensing and Regulation shall obtain criminal history record
1299	1299	information using a person's fingerprints on each person who:
1300	1300	(A) on September 1, 2019, holds a license issued
1301	1301	under Chapter 1301, Occupations Code; and
1302	1302	(B) did not undergo a criminal history record
1303	1303	information check based on the person's fingerprints on submission
1304	1304	of the person's initial license application.
1305	1305	(b) The Texas Department of Licensing and Regulation may
1306	1306	suspend the license of a person who holds a license under Chapter
1307	1307	1301, Occupations Code, who does not comply with a request by the
1308	1308	department to provide information or fingerprints, in a form and
1309	1309	manner prescribed by the department, that would enable the
1310	1310	department to obtain criminal history record information as
1311	1311	required by this section.
1312	1312	SECTION 64. (a) A violation of a law that is repealed by
1313	1313	this Act is governed by the law in effect when the violation was
1314	1314	committed, and the former law is continued in effect for that
1315	1315	purpose.
1316	1316	(b) For purposes of this section, a violation was committed
1317	1317	before September 1, 2019, if any element of the violation occurred
1318	1318	before that date.
1319	1319	SECTION 65. To the extent of any conflict, this Act prevails
1320	1320	over another Act of the 86th Legislature, Regular Session, 2019,
1321	1321	relating to nonsubstantive additions to and corrections in enacted
1322	1322	codes.
1323	1323	SECTION 66. This Act takes effect September 1, 2019.