Texas 2019 - 86th Regular

Texas Senate Bill SB621 Compare Versions

Version 1 (Old)

Version 2 (New)

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