By: Thompson of Harris, et al. H.B. No. 636
(Senate Sponsor - Whitmire)
(In the Senate - Received from the House April 14, 2021;
April 21, 2021, read first time and referred to Committee on
Natural Resources & Economic Development; May 11, 2021, reported
favorably by the following vote: Yeas 8, Nays 0; May 11, 2021, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas State Board
of Plumbing Examiners; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1301.002(9-a), Occupations Code, is
amended to read as follows:
(9-a) "Responsible master plumber" means a person
licensed as a master plumber under this chapter who:
(A) allows the person's master plumber license to
be used by one plumbing company for the purpose of offering and
performing plumbing work under the person's master plumber license;
(B) is authorized to obtain permits for plumbing
work;
(C) assumes responsibility for plumbing work
performed under the person's license; and
(D) has submitted a certificate of insurance as
required by Section 1301.3576 [; and
[(E) has completed a training program required by
Section 1301.3576].
SECTION 2. Section 1301.002(10), Occupations Code, is
amended to read as follows:
(10) "Tradesman plumber-limited license holder" means
a person who:
(A) has:
(i) completed at least 4,000 hours working
under the direct supervision of a journeyman or master plumber as a
plumber's apprentice; or
(ii) successfully completed a coherent
sequence of courses in the plumbing trade that are offered through a
career and technology education program, as described by Section
1301.3542;
(B) has passed the required examination;
(C) constructs and installs plumbing for
one-family or two-family dwellings under the supervision of a
responsible master plumber; and
(D) has fulfilled the other requirements of the
board.
SECTION 3. Section 1301.003, Occupations Code, is amended
to read as follows:
Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
Board of Plumbing Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2027 [2019].
SECTION 4. The heading to Section 1301.202, Occupations
Code, is amended to read as follows:
Sec. 1301.202. CERTAIN PLUMBING EXAMINERS [EXAMINER].
SECTION 5. Section 1301.202(a), Occupations Code, is
amended to read as follows:
(a) If an examination required for the issuance of a
license, registration, or endorsement under this chapter contains a
practical component, the [The] board shall employ or contract with
one or more plumbing examiners to administer that portion of the
examination. [A plumbing examiner serves at the will of the board.]
A plumbing examiner must:
(1) hold a license as a plumber issued under this
chapter;
(2) be knowledgeable of this chapter and municipal
ordinances relating to plumbing; and
(3) be qualified by experience and training in
plumbing practice.
SECTION 6. Section 1301.203(b), Occupations Code, is
amended to read as follows:
(b) A field representative may:
(1) conduct on-site license checks to determine
compliance with this chapter;
(2) investigate consumer complaints filed under
Section 1301.303;
(3) assist municipal plumbing inspectors in enforcing
this chapter; and
(4) [issue citations as provided by Section 1301.502;
and
[(5)] in the performance of the field representative's
other duties under this chapter, check the license, registration,
or endorsement of a person regulated by the Texas Department of
Licensing and Regulation in accordance with the memorandum of
understanding adopted under Section 1301.259 and report any
noncompliance to that agency.
SECTION 7. Section 1301.203, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The board by rule shall assign priorities and prescribe
procedures for conducting checks described by Subsection (b)(1)
based on:
(1) the degree of potential harm to public health,
safety, or property;
(2) the history of previous violations of this chapter
or a rule adopted under this chapter by a person regulated under
this chapter; and
(3) any other indication of increased risk to public
health, safety, or property, as determined by the board.
SECTION 8. Section 1301.258(b), Occupations Code, as added
by Chapter 819 (S.B. 282), Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(b) The presiding officer of the board shall appoint the
members of the committees. [Except as provided by Subsection (c),
each committee member must be a member of the board.]
SECTION 9. Subchapter E, Chapter 1301, Occupations Code, is
amended by adding Section 1301.263 to read as follows:
Sec. 1301.263. EXAMINATION ADMINISTRATION AND CONTENT. (a)
The board may adopt, recognize, develop, or contract for an
examination required by this chapter, including the administration
of the examination.
(b) For each examination required by this chapter, the board
shall, to the extent feasible, adopt, recognize, develop, or
contract for an examination that includes components that may be
administered:
(1) in writing or online; and
(2) by a person other than a plumbing examiner
described by Section 1301.202.
(c) The board shall determine the passing score for an
examination required by this chapter.
SECTION 10. Section 1301.303(e), Occupations Code, is
amended to read as follows:
(e) The board by rule shall assign priorities and prescribe
investigative procedures for investigations of complaints based
on:
(1) the severity of the conduct alleged in the
complaint; [and]
(2) the degree of harm to public health, safety, or
property;
(3) the history of previous violations of this chapter
by the person who is the subject of the complaint; and
(4) any other indication of increased risk to public
health, safety, or property, as determined by the board.
SECTION 11. Section 1301.304(a), Occupations Code, is
amended to read as follows:
(a) The board [enforcement committee] or an employee
designated by the board [enforcement committee] may investigate an
alleged violation of this chapter or a board rule [that is reported
to the board].
SECTION 12. Subchapter F, Chapter 1301, Occupations Code,
is amended by adding Section 1301.305 to read as follows:
Sec. 1301.305. PUBLIC ACCESS TO INFORMATION RELATING TO
DISCIPLINARY ACTIONS. (a) The board shall make available to the
public through a toll-free telephone number, Internet website, or
other easily accessible medium determined by the board the
following information relating to a disciplinary action taken
regarding a person regulated under this chapter:
(1) the identity of the person;
(2) the nature of the complaint that was the basis of
the disciplinary action; and
(3) the disciplinary action taken by the board.
(b) The board may not include the name of the person who
filed the complaint in the information made available under
Subsection (a).
(c) The board shall present the information made available
under Subsection (a) in an impartial manner using commonly
understood language.
(d) The board shall regularly update the information made
available under this section.
SECTION 13. Subchapter G, Chapter 1301, Occupations Code,
is amended by adding Section 1301.3515 to read as follows:
Sec. 1301.3515. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The board shall require that an applicant
for a license submit a complete and legible set of fingerprints, on
a form prescribed by the board, to the board or to the Department of
Public Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The board may not issue a license to a person who does
not comply with the requirement of Subsection (a).
(c) The board shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department
of Public Safety, the Federal Bureau of Investigation, and any
other criminal justice agency under Chapter 411, Government Code.
(d) The board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 14. Subchapter G, Chapter 1301, Occupations Code,
is amended by adding Section 1301.3542 to read as follows:
Sec. 1301.3542. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR
TRADESMAN PLUMBER-LIMITED LICENSE; INSTRUCTORS. (a)
Notwithstanding Section 1301.354, a person who successfully
completes a coherent sequence of courses in the plumbing trade that
are offered through a career and technology education program may
apply for and take an examination for a license as a tradesman
plumber-limited license holder. The board may not require the
person to register as a plumber's apprentice, pay any fee, or comply
with Section 1301.354 or any other requirement of this chapter that
applies to a person's eligibility to apply for and take the
examination.
(b) A student of any age enrolled in a high school or
institution of higher education is eligible to take the sequence of
courses described by Subsection (a) without registering as a
plumber's apprentice, paying any registration fee to the board, or
complying with Section 1301.354 or any other requirement of this
chapter that applies to enrolling or participating in those
courses.
(c) If an applicant described by Subsection (a)
successfully passes the examination for a license as a tradesman
plumber-limited license holder, the board shall issue the applicant
the license.
(d) The board shall develop the courses described by
Subsection (a). If the courses are to be offered at a high school,
the courses must be approved by the State Board of Education.
(e) The courses must include an appropriate number of hours
of classroom instruction and a practical component. The board may
credit on-the-job training toward meeting the requirements under
the practical component.
(f) A person may not provide instruction in a career and
technology education program described by this section unless the
person is licensed under this chapter as a master plumber,
journeyman plumber, or plumbing inspector.
(g) A person described by Subsection (f) may provide the
instruction in a full-time or part-time capacity as an employee,
contractor, or volunteer of a high school or institution of higher
education.
(h) The board may adopt rules necessary to implement this
section, including procedures to verify a student's successful
completion of the sequence of courses described by Subsection (a).
(i) In this section:
(1) "Career and technology education program" means a
career and technology education program under Subchapter F, Chapter
29, Education Code, or similar program offered by an institution of
higher education.
(2) "Institution of higher education" means an
institution of higher education or a private or independent
institution of higher education as those terms are defined by
Section 61.003, Education Code.
SECTION 15. Section 1301.3576, Occupations Code, is amended
to read as follows:
Sec. 1301.3576. CERTIFICATE OF INSURANCE [AND TRAINING] FOR
RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a
responsible master plumber, the master plumber must[:
[(1)] provide the board with a certificate of
insurance that meets the requirements of Section 1301.552[; and
[(2) present evidence satisfactory to the board of
successful completion of a training program approved or
administered by the board regarding the laws and rules applicable
to the operation of a plumbing business in this state].
SECTION 16. Subchapter G, Chapter 1301, Occupations Code,
is amended by adding Section 1301.3581 to read as follows:
Sec. 1301.3581. RECIPROCITY. (a) The board may waive any
prerequisite to obtaining a license, registration, or endorsement
issued under this chapter for an applicant who holds a similar
license, registration, or endorsement issued by another
jurisdiction that has licensing requirements substantially
equivalent to those of this state.
(b) The board may make an agreement, subject to the approval
of the governor, with another state to allow for licensing by
reciprocity if the other state has requirements for a license,
registration, or endorsement substantially equivalent to those of
this state.
(c) An applicant under this section must:
(1) apply in the same manner and form as any other
applicant under this chapter; and
(2) provide the board with documents and other
evidence that substantiate the applicant's qualifications.
(d) An applicant for a license, registration, or
endorsement issued under this section may not be required to
undergo an examination to obtain the license, registration, or
endorsement if the applicant has held an equivalent license,
registration, or endorsement in another jurisdiction for at least
two years. The board may adopt rules for determining whether a
license, registration, or endorsement issued by another
jurisdiction is equivalent to a license, registration, or
endorsement issued under this chapter.
SECTION 17. Subchapter G, Chapter 1301, Occupations Code,
is amended by adding Section 1301.360 to read as follows:
Sec. 1301.360. TEMPORARY LICENSE. (a) The board by rule
may provide for the issuance of a temporary license to an applicant
who:
(1) submits to the board an application on a form
prescribed by the board;
(2) meets preliminary qualifications established by
board rule; and
(3) pays a fee set by the board.
(b) A temporary license issued under this section expires on
the 30th day after the date of issuance and may not be renewed.
(c) A temporary license holder is subject to:
(1) this chapter;
(2) any law applicable to the activity for which the
license is required, including municipal rules, orders, or
ordinances; and
(3) any rule of the board applicable to the license.
SECTION 18. Section 1301.401, Occupations Code, is amended
to read as follows:
Sec. 1301.401. ANNUAL RENEWAL REQUIRED; EXCEPTION. (a) A
license, [or] registration, or endorsement under this chapter is
valid for one year. Except as provided by Subsection (d), on [On]
payment of the required fee, a license, registration, or
endorsement may be renewed annually.
(b) The board by rule may adopt a system under which
licenses, endorsements, and registrations expire on various dates
during the year.
(c) An endorsement issued under Section 1301.356,
1301.3565, or 1301.357 expires on the date the master plumber or
journeyman plumber license of the endorsement holder expires. The
board shall adopt rules to provide for the license holder to renew
the endorsement in the same transaction as the license if the
license holder:
(1) has completed any continuing education
requirement established by rule and applicable to the endorsement;
and
(2) complies with other requirements prescribed by
board rule.
(d) A person who is employed by, under contract with, or
engaged as a volunteer by a school or institution of higher
education to provide instruction in a career and technology
education program described by Section 1301.3542 and provides
meaningful course instruction in the program, as determined under
rules adopted under Section 1301.407, is not required to pay a fee
to renew the person's license.
SECTION 19. Section 1301.404, Occupations Code, is amended
by amending Subsections (a), (b), (c), (d), and (e) and adding
Subsection (g) to read as follows:
(a) The board by rule shall establish:
(1) minimum curriculum standards for [recognize,
approve, and administer] continuing education programs and courses
for persons who hold a license [licenses] or endorsement issued
[endorsements] under this chapter; and
(2) minimum qualifications for an instructor of the
continuing education programs and courses described by Subdivision
(1).
(b) A person who holds a license or endorsement under this
chapter must complete at least six hours of continuing professional
education annually [each year the person holds the license or
endorsement] to renew the person's license or endorsement. Three of
the six hours must be in the subjects of health protection, energy
conservation, and water conservation.
(c) The executive director shall approve:
(1) a program or course that meets the minimum
curriculum standards established by the board under Subsection (a);
and
(2) an instructor who meets the minimum qualifications
established by the board under Subsection (a) [board by rule shall
adopt the criteria for the continuing professional education].
(d) A person may receive credit for participating in a
continuing professional education program or course only if the
program or course is approved by the executive director [provided:
[(1) by an individual, business, or association
approved by the board; and
[(2) according to criteria adopted by the board].
(e) A person may complete the continuing professional
education requirement of this section through a correspondence
course as approved by the executive director [board].
(g) A person who is employed by, under contract with, or
engaged as a volunteer by a school or institution of higher
education to provide instruction in a career and technology
education program described by Section 1301.3542 and provides
meaningful course instruction in the program, as determined under
rules adopted under Section 1301.407, may renew the person's
license and any endorsement without complying with Subsection (b)
if the person completes the hours of continuing professional
education required by that subsection every three years.
SECTION 20. Section 1301.405, Occupations Code, is amended
by adding Subsections (a-1) and (a-2) and amending Subsection (b)
to read as follows:
(a-1) The board by rule shall establish:
(1) minimum curriculum standards for a training
program described by Subsection (a) for persons who hold a
registration under this chapter; and
(2) minimum qualifications for an instructor of the
training program.
(a-2) The executive director shall approve:
(1) a training program that meets the minimum
curriculum standards established by the board under Subsection
(a-1); and
(2) an instructor who meets the minimum qualifications
established by the board under Subsection (a-1).
(b) A person may receive credit for participating in a
training program only if the program is [provided:
[(1) by a person] approved by the executive director
[board; and
[(2) according to criteria adopted by the board].
SECTION 21. Subchapter H, Chapter 1301, Occupations Code,
is amended by adding Section 1301.4055 to read as follows:
Sec. 1301.4055. PERIOD FOR COMPLETING CONTINUING
EDUCATION. The board shall adopt rules to ensure that each holder
of a license, registration, or endorsement has at least 12 months to
complete any continuing education required for the renewal of the
license, registration, or endorsement.
SECTION 22. Subchapter H, Chapter 1301, Occupations Code,
is amended by adding Section 1301.407 to read as follows:
Sec. 1301.407. PROCEDURES FOR VERIFYING CERTAIN
EXEMPTIONS. The board, in consultation with the State Board of
Education and the Texas Higher Education Coordinating Board, as
appropriate, may adopt rules as necessary to verify whether a
person qualifies for an exemption from the required renewal fee, as
described by Section 1301.401(c), or an exemption from required
continuing professional education, as described by Section
1301.404(g), including rules providing for obtaining and
evaluating written verification from the applicable school or
institution of higher education of the person's provision of
meaningful course instruction in a career and technology education
program described by Section 1301.3542.
SECTION 23. Section 1301.452(a), Occupations Code, is
amended to read as follows:
(a) A person is subject to disciplinary action under Section
1301.451 if the person violates this chapter, an order issued by the
board, or a board rule. A violation of this chapter includes:
(1) attempting to obtain or obtaining a license,
endorsement, or registration through [error or] fraud;
(2) wilfully, negligently, or arbitrarily violating a
municipal rule or ordinance that regulates sanitation, drainage, or
plumbing;
(3) making a misrepresentation of services provided or
to be provided;
(4) making a false promise with the intent to induce a
person to contract for a service; [or]
(5) employing a person who does not hold a license or
endorsement or who is not registered to engage in an activity for
which a license, endorsement, or registration is required under
this chapter;
(6) performing plumbing without holding the proper
license, endorsement, or registration required by this chapter; or
(7) performing plumbing in violation of a plumbing
code adopted under Section 1301.255.
SECTION 24. Section 1301.502(a), Occupations Code, is
amended to read as follows:
(a) A [field representative,] water district plumbing
inspector[,] or, within the jurisdiction of the municipality,
municipal plumbing inspector may issue a citation to a person who
engages in conduct described by Section 1301.508.
SECTION 25. Section 1301.5071, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The procedures established under Subsection (a) must:
(1) identify the types of complaints for which an
informal settlement conference may be used; and
(2) require appropriate documentation of each
informal settlement conference that is conducted, including the
outcome of the conference.
SECTION 26. The heading to Section 1301.703, Occupations
Code, is amended to read as follows:
Sec. 1301.703. [REPORT AND] NOTICE OF VIOLATION AND
PENALTY.
SECTION 27. Sections 1301.703(a) and (b), Occupations Code,
are amended to read as follows:
(a) If the board [enforcement committee] determines that a
violation occurred, the board [enforcement committee may issue to
the board a report stating:
[(1) the facts on which the determination is based;
and
[(2) the committee's recommendation on the imposition
of the penalty, including a recommendation on the amount of the
penalty.
[(b) Not later than the 14th day after the date the report is
issued, the enforcement committee] shall give written notice of the
violation [report] to the person alleged to have committed the
violation.
SECTION 28. Sections 1301.704(a) and (b), Occupations Code,
are amended to read as follows:
(a) Not later than the 20th day after the date the person
receives the notice, the person in writing may:
(1) accept the determination and recommended penalty
of the board [enforcement committee]; or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the board [enforcement committee], the board by order
shall approve the determination and impose the recommended penalty.
SECTION 29. Section 1301.705(a), Occupations Code, is
amended to read as follows:
(a) If the person requests a hearing, the board [enforcement
committee] shall set a hearing and give written notice of the
hearing to the person. An administrative law judge of the State
Office of Administrative Hearings shall hold the hearing.
SECTION 30. Sections 1301.708(a) and (b), Occupations Code,
are amended to read as follows:
(a) Within the 30-day period prescribed by Section
1301.707, a person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the board's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) sending a copy of the affidavit to the board
[enforcement committee] by certified mail.
(b) If the board [enforcement committee] receives a copy of
an affidavit under Subsection (a)(2), the executive director may
file with the court, not later than the fifth day after the date the
copy is received, a contest to the affidavit.
SECTION 31. Section 372.0035(h), Health and Safety Code, is
amended to read as follows:
(h) Within [A field representative of the Texas State Board
of Plumbing Examiners or, within] the jurisdiction of a
municipality, a municipal plumbing inspector may issue a citation
to a person who violates this section.
SECTION 32. The following provisions of the Occupations
Code are repealed:
(1) Section 1301.258(c), as added by Chapter 819 (S.B.
282), Acts of the 78th Legislature, Regular Session, 2003;
(2) Section 1301.304(b);
(3) Section 1301.356(c);
(4) Section 1301.3565(c);
(5) Section 1301.357(c);
(6) Section 1301.358;
(7) Section 1301.403(f);
(8) Section 1301.4522;
(9) Section 1301.502(b); and
(10) Section 1301.505.
SECTION 33. (a) Not later than:
(1) September 1, 2023, the Texas State Board of
Plumbing Examiners shall obtain criminal history record
information using a person's name, date of birth, and other
alphanumeric identifiers on each person who:
(A) on September 1, 2021, holds a license issued
under Chapter 1301, Occupations Code; and
(B) did not undergo a criminal history record
information check based on the person's name or fingerprints on
submission of the person's initial license application; and
(2) September 1, 2025, the Texas State Board of
Plumbing Examiners shall obtain criminal history record
information using a person's fingerprints on each person who:
(A) on September 1, 2021, holds a license issued
under Chapter 1301, Occupations Code; and
(B) did not undergo a criminal history record
information check based on the person's fingerprints on submission
of the person's initial license application.
(b) The Texas State Board of Plumbing Examiners may suspend
the license of a person who holds a license under Chapter 1301,
Occupations Code, who does not comply with a request by the board to
provide information or fingerprints, in a form and manner
prescribed by the board, that would enable the board to obtain
criminal history record information as required by this section.
SECTION 34. Notwithstanding Section 1301.003, Occupations
Code, it is the intent of the legislature in enacting this Act to
amend Chapter 1301, Occupations Code, as that chapter was continued
in existence by Executive Order No. GA-06.
SECTION 35. As soon as practicable after the effective date
of this Act, the board shall adopt rules necessary to implement the
changes in law made by this Act to Chapter 1301, Occupations Code.
SECTION 36. The change in law made by this Act to Section
1301.452, Occupations Code, applies only to conduct that occurs on
or after the effective date of this Act. Conduct that occurs before
that date is governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
SECTION 37. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.
* * * * *