Texas 2021 - 87th Regular

Texas House Bill HB636 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 636
	1	+	By: Thompson of Harris, et al. H.B. No. 636
	2	+	(Senate Sponsor - Whitmire)
	3	+	(In the Senate - Received from the House April 14, 2021;
	4	+	April 21, 2021, read first time and referred to Committee on
	5	+	Natural Resources & Economic Development; May 11, 2021, reported
	6	+	favorably by the following vote: Yeas 8, Nays 0; May 11, 2021, sent
	7	+	to printer.)
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the continuation and functions of the Texas State Board
6	13		of Plumbing Examiners; authorizing a fee.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 1301.002(9-a), Occupations Code, is
9	16		amended to read as follows:
10	17		(9-a) "Responsible master plumber" means a person
11	18		licensed as a master plumber under this chapter who:
12	19		(A) allows the person's master plumber license to
13	20		be used by one plumbing company for the purpose of offering and
14	21		performing plumbing work under the person's master plumber license;
15	22		(B) is authorized to obtain permits for plumbing
16	23		work;
17	24		(C) assumes responsibility for plumbing work
18	25		performed under the person's license; and
19	26		(D) has submitted a certificate of insurance as
20	27		required by Section 1301.3576 [; and
21	28		[(E) has completed a training program required by
22	29		Section 1301.3576].
23	30		SECTION 2. Section 1301.002(10), Occupations Code, is
24	31		amended to read as follows:
25	32		(10) "Tradesman plumber-limited license holder" means
26	33		a person who:
27	34		(A) has:
28	35		(i) completed at least 4,000 hours working
29	36		under the direct supervision of a journeyman or master plumber as a
30	37		plumber's apprentice; or
31	38		(ii) successfully completed a coherent
32	39		sequence of courses in the plumbing trade that are offered through a
33	40		career and technology education program, as described by Section
34	41		1301.3542;
35	42		(B) has passed the required examination;
36	43		(C) constructs and installs plumbing for
37	44		one-family or two-family dwellings under the supervision of a
38	45		responsible master plumber; and
39	46		(D) has fulfilled the other requirements of the
40	47		board.
41	48		SECTION 3. Section 1301.003, Occupations Code, is amended
42	49		to read as follows:
43	50		Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
44	51		Board of Plumbing Examiners is subject to Chapter 325, Government
45	52		Code (Texas Sunset Act). Unless continued in existence as provided
46	53		by that chapter, the board is abolished and this chapter expires
47	54		September 1, 2027 [2019].
48	55		SECTION 4. The heading to Section 1301.202, Occupations
49	56		Code, is amended to read as follows:
50	57		Sec. 1301.202. CERTAIN PLUMBING EXAMINERS [EXAMINER].
51	58		SECTION 5. Section 1301.202(a), Occupations Code, is
52	59		amended to read as follows:
53	60		(a) If an examination required for the issuance of a
54	61		license, registration, or endorsement under this chapter contains a
55	62		practical component, the [The] board shall employ or contract with
56	63		one or more plumbing examiners to administer that portion of the
57	64		examination. [A plumbing examiner serves at the will of the board.]
58	65		A plumbing examiner must:
59	66		(1) hold a license as a plumber issued under this
60	67		chapter;
61	68		(2) be knowledgeable of this chapter and municipal
62	69		ordinances relating to plumbing; and
63	70		(3) be qualified by experience and training in
64	71		plumbing practice.
65	72		SECTION 6. Section 1301.203(b), Occupations Code, is
66	73		amended to read as follows:
67	74		(b) A field representative may:
68	75		(1) conduct on-site license checks to determine
69	76		compliance with this chapter;
70	77		(2) investigate consumer complaints filed under
71	78		Section 1301.303;
72	79		(3) assist municipal plumbing inspectors in enforcing
73	80		this chapter; and
74	81		(4) [issue citations as provided by Section 1301.502;
75	82		and
76	83		[(5)] in the performance of the field representative's
77	84		other duties under this chapter, check the license, registration,
78	85		or endorsement of a person regulated by the Texas Department of
79	86		Licensing and Regulation in accordance with the memorandum of
80	87		understanding adopted under Section 1301.259 and report any
81	88		noncompliance to that agency.
82	89		SECTION 7. Section 1301.203, Occupations Code, is amended
83	90		by adding Subsection (c) to read as follows:
84	91		(c) The board by rule shall assign priorities and prescribe
85	92		procedures for conducting checks described by Subsection (b)(1)
86	93		based on:
87	94		(1) the degree of potential harm to public health,
88	95		safety, or property;
89	96		(2) the history of previous violations of this chapter
90	97		or a rule adopted under this chapter by a person regulated under
91	98		this chapter; and
92	99		(3) any other indication of increased risk to public
93	100		health, safety, or property, as determined by the board.
94	101		SECTION 8. Section 1301.258(b), Occupations Code, as added
95	102		by Chapter 819 (S.B. 282), Acts of the 78th Legislature, Regular
96	103		Session, 2003, is amended to read as follows:
97	104		(b) The presiding officer of the board shall appoint the
98	105		members of the committees. [Except as provided by Subsection (c),
99	106		each committee member must be a member of the board.]
100	107		SECTION 9. Subchapter E, Chapter 1301, Occupations Code, is
101	108		amended by adding Section 1301.263 to read as follows:
102	109		Sec. 1301.263. EXAMINATION ADMINISTRATION AND CONTENT. (a)
103	110		The board may adopt, recognize, develop, or contract for an
104	111		examination required by this chapter, including the administration
105	112		of the examination.
106	113		(b) For each examination required by this chapter, the board
107	114		shall, to the extent feasible, adopt, recognize, develop, or
108	115		contract for an examination that includes components that may be
109	116		administered:
110	117		(1) in writing or online; and
111	118		(2) by a person other than a plumbing examiner
112	119		described by Section 1301.202.
113	120		(c) The board shall determine the passing score for an
114	121		examination required by this chapter.
115	122		SECTION 10. Section 1301.303(e), Occupations Code, is
116	123		amended to read as follows:
117	124		(e) The board by rule shall assign priorities and prescribe
118	125		investigative procedures for investigations of complaints based
119	126		on:
120	127		(1) the severity of the conduct alleged in the
121	128		complaint; [and]
122	129		(2) the degree of harm to public health, safety, or
123	130		property;
124	131		(3) the history of previous violations of this chapter
125	132		by the person who is the subject of the complaint; and
126	133		(4) any other indication of increased risk to public
127	134		health, safety, or property, as determined by the board.
128	135		SECTION 11. Section 1301.304(a), Occupations Code, is
129	136		amended to read as follows:
130	137		(a) The board [enforcement committee] or an employee
131	138		designated by the board [enforcement committee] may investigate an
132	139		alleged violation of this chapter or a board rule [that is reported
133	140		to the board].
134	141		SECTION 12. Subchapter F, Chapter 1301, Occupations Code,
135	142		is amended by adding Section 1301.305 to read as follows:
136	143		Sec. 1301.305. PUBLIC ACCESS TO INFORMATION RELATING TO
137	144		DISCIPLINARY ACTIONS. (a) The board shall make available to the
138	145		public through a toll-free telephone number, Internet website, or
139	146		other easily accessible medium determined by the board the
140	147		following information relating to a disciplinary action taken
141	148		regarding a person regulated under this chapter:
142	149		(1) the identity of the person;
143	150		(2) the nature of the complaint that was the basis of
144	151		the disciplinary action; and
145	152		(3) the disciplinary action taken by the board.
146	153		(b) The board may not include the name of the person who
147	154		filed the complaint in the information made available under
148	155		Subsection (a).
149	156		(c) The board shall present the information made available
150	157		under Subsection (a) in an impartial manner using commonly
151	158		understood language.
152	159		(d) The board shall regularly update the information made
153	160		available under this section.
154	161		SECTION 13. Subchapter G, Chapter 1301, Occupations Code,
155	162		is amended by adding Section 1301.3515 to read as follows:
156	163		Sec. 1301.3515. CRIMINAL HISTORY RECORD INFORMATION FOR
157	164		LICENSE ISSUANCE. (a) The board shall require that an applicant
158	165		for a license submit a complete and legible set of fingerprints, on
159	166		a form prescribed by the board, to the board or to the Department of
160	167		Public Safety for the purpose of obtaining criminal history record
161	168		information from the Department of Public Safety and the Federal
162	169		Bureau of Investigation.
163	170		(b) The board may not issue a license to a person who does
164	171		not comply with the requirement of Subsection (a).
165	172		(c) The board shall conduct a criminal history record
166	173		information check of each applicant for a license using
167	174		information:
168	175		(1) provided by the individual under this section; and
169	176		(2) made available to the department by the Department
170	177		of Public Safety, the Federal Bureau of Investigation, and any
171	178		other criminal justice agency under Chapter 411, Government Code.
172	179		(d) The board may:
173	180		(1) enter into an agreement with the Department of
174	181		Public Safety to administer a criminal history record information
175	182		check required under this section; and
176	183		(2) authorize the Department of Public Safety to
177	184		collect from each applicant the costs incurred by the Department of
178	185		Public Safety in conducting the criminal history record information
179	186		check.
180	187		SECTION 14. Subchapter G, Chapter 1301, Occupations Code,
181	188		is amended by adding Section 1301.3542 to read as follows:
182	189		Sec. 1301.3542. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR
183	190		TRADESMAN PLUMBER-LIMITED LICENSE; INSTRUCTORS. (a)
184	191		Notwithstanding Section 1301.354, a person who successfully
185	192		completes a coherent sequence of courses in the plumbing trade that
186	193		are offered through a career and technology education program may
187	194		apply for and take an examination for a license as a tradesman
188	195		plumber-limited license holder. The board may not require the
189	196		person to register as a plumber's apprentice, pay any fee, or comply
190	197		with Section 1301.354 or any other requirement of this chapter that
191	198		applies to a person's eligibility to apply for and take the
192	199		examination.
193	200		(b) A student of any age enrolled in a high school or
194	201		institution of higher education is eligible to take the sequence of
195	202		courses described by Subsection (a) without registering as a
196	203		plumber's apprentice, paying any registration fee to the board, or
197	204		complying with Section 1301.354 or any other requirement of this
198	205		chapter that applies to enrolling or participating in those
199	206		courses.
200	207		(c) If an applicant described by Subsection (a)
201	208		successfully passes the examination for a license as a tradesman
202	209		plumber-limited license holder, the board shall issue the applicant
203	210		the license.
204	211		(d) The board shall develop the courses described by
205	212		Subsection (a). If the courses are to be offered at a high school,
206	213		the courses must be approved by the State Board of Education.
207	214		(e) The courses must include an appropriate number of hours
208	215		of classroom instruction and a practical component. The board may
209	216		credit on-the-job training toward meeting the requirements under
210	217		the practical component.
211	218		(f) A person may not provide instruction in a career and
212	219		technology education program described by this section unless the
213	220		person is licensed under this chapter as a master plumber,
214	221		journeyman plumber, or plumbing inspector.
215	222		(g) A person described by Subsection (f) may provide the
216	223		instruction in a full-time or part-time capacity as an employee,
217	224		contractor, or volunteer of a high school or institution of higher
218	225		education.
219	226		(h) The board may adopt rules necessary to implement this
220	227		section, including procedures to verify a student's successful
221	228		completion of the sequence of courses described by Subsection (a).
222	229		(i) In this section:
223	230		(1) "Career and technology education program" means a
224	231		career and technology education program under Subchapter F, Chapter
225	232		29, Education Code, or similar program offered by an institution of
226	233		higher education.
227	234		(2) "Institution of higher education" means an
228	235		institution of higher education or a private or independent
229	236		institution of higher education as those terms are defined by
230	237		Section 61.003, Education Code.
231	238		SECTION 15. Section 1301.3576, Occupations Code, is amended
232	239		to read as follows:
233	240		Sec. 1301.3576. CERTIFICATE OF INSURANCE [AND TRAINING] FOR
234	241		RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a
235	242		responsible master plumber, the master plumber must[:
236	243		[(1)] provide the board with a certificate of
237	244		insurance that meets the requirements of Section 1301.552[; and
238	245		[(2) present evidence satisfactory to the board of
239	246		successful completion of a training program approved or
240	247		administered by the board regarding the laws and rules applicable
241	248		to the operation of a plumbing business in this state].
242	249		SECTION 16. Subchapter G, Chapter 1301, Occupations Code,
243	250		is amended by adding Section 1301.3581 to read as follows:
244	251		Sec. 1301.3581. RECIPROCITY. (a) The board may waive any
245	252		prerequisite to obtaining a license, registration, or endorsement
246	253		issued under this chapter for an applicant who holds a similar
247	254		license, registration, or endorsement issued by another
248	255		jurisdiction that has licensing requirements substantially
249	256		equivalent to those of this state.
250	257		(b) The board may make an agreement, subject to the approval
251	258		of the governor, with another state to allow for licensing by
252	259		reciprocity if the other state has requirements for a license,
253	260		registration, or endorsement substantially equivalent to those of
254	261		this state.
255	262		(c) An applicant under this section must:
256	263		(1) apply in the same manner and form as any other
257	264		applicant under this chapter; and
258	265		(2) provide the board with documents and other
259	266		evidence that substantiate the applicant's qualifications.
260	267		(d) An applicant for a license, registration, or
261	268		endorsement issued under this section may not be required to
262	269		undergo an examination to obtain the license, registration, or
263	270		endorsement if the applicant has held an equivalent license,
264	271		registration, or endorsement in another jurisdiction for at least
265	272		two years. The board may adopt rules for determining whether a
266	273		license, registration, or endorsement issued by another
267	274		jurisdiction is equivalent to a license, registration, or
268	275		endorsement issued under this chapter.
269	276		SECTION 17. Subchapter G, Chapter 1301, Occupations Code,
270	277		is amended by adding Section 1301.360 to read as follows:
271	278		Sec. 1301.360. TEMPORARY LICENSE. (a) The board by rule
272	279		may provide for the issuance of a temporary license to an applicant
273	280		who:
274	281		(1) submits to the board an application on a form
275	282		prescribed by the board;
276	283		(2) meets preliminary qualifications established by
277	284		board rule; and
278	285		(3) pays a fee set by the board.
279	286		(b) A temporary license issued under this section expires on
280	287		the 30th day after the date of issuance and may not be renewed.
281	288		(c) A temporary license holder is subject to:
282	289		(1) this chapter;
283	290		(2) any law applicable to the activity for which the
284	291		license is required, including municipal rules, orders, or
285	292		ordinances; and
286	293		(3) any rule of the board applicable to the license.
287	294		SECTION 18. Section 1301.401, Occupations Code, is amended
288	295		to read as follows:
289	296		Sec. 1301.401. ANNUAL RENEWAL REQUIRED; EXCEPTION. (a) A
290	297		license, [or] registration, or endorsement under this chapter is
291	298		valid for one year. Except as provided by Subsection (d), on [On]
292	299		payment of the required fee, a license, registration, or
293	300		endorsement may be renewed annually.
294	301		(b) The board by rule may adopt a system under which
295	302		licenses, endorsements, and registrations expire on various dates
296	303		during the year.
297	304		(c) An endorsement issued under Section 1301.356,
298	305		1301.3565, or 1301.357 expires on the date the master plumber or
299	306		journeyman plumber license of the endorsement holder expires. The
300	307		board shall adopt rules to provide for the license holder to renew
301	308		the endorsement in the same transaction as the license if the
302	309		license holder:
303	310		(1) has completed any continuing education
304	311		requirement established by rule and applicable to the endorsement;
305	312		and
306	313		(2) complies with other requirements prescribed by
307	314		board rule.
308	315		(d) A person who is employed by, under contract with, or
309	316		engaged as a volunteer by a school or institution of higher
310	317		education to provide instruction in a career and technology
311	318		education program described by Section 1301.3542 and provides
312	319		meaningful course instruction in the program, as determined under
313	320		rules adopted under Section 1301.407, is not required to pay a fee
314	321		to renew the person's license.
315	322		SECTION 19. Section 1301.404, Occupations Code, is amended
316	323		by amending Subsections (a), (b), (c), (d), and (e) and adding
317	324		Subsection (g) to read as follows:
318	325		(a) The board by rule shall establish:
319	326		(1) minimum curriculum standards for [recognize,
320	327		approve, and administer] continuing education programs and courses
321	328		for persons who hold a license [licenses] or endorsement issued
322	329		[endorsements] under this chapter; and
323	330		(2) minimum qualifications for an instructor of the
324	331		continuing education programs and courses described by Subdivision
325	332		(1).
326	333		(b) A person who holds a license or endorsement under this
327	334		chapter must complete at least six hours of continuing professional
328	335		education annually [each year the person holds the license or
329	336		endorsement] to renew the person's license or endorsement. Three of
330	337		the six hours must be in the subjects of health protection, energy
331	338		conservation, and water conservation.
332	339		(c) The executive director shall approve:
333	340		(1) a program or course that meets the minimum
334	341		curriculum standards established by the board under Subsection (a);
335	342		and
336	343		(2) an instructor who meets the minimum qualifications
337	344		established by the board under Subsection (a) [board by rule shall
338	345		adopt the criteria for the continuing professional education].
339	346		(d) A person may receive credit for participating in a
340	347		continuing professional education program or course only if the
341	348		program or course is approved by the executive director [provided:
342	349		[(1) by an individual, business, or association
343	350		approved by the board; and
344	351		[(2) according to criteria adopted by the board].
345	352		(e) A person may complete the continuing professional
346	353		education requirement of this section through a correspondence
347	354		course as approved by the executive director [board].
348	355		(g) A person who is employed by, under contract with, or
349	356		engaged as a volunteer by a school or institution of higher
350	357		education to provide instruction in a career and technology
351	358		education program described by Section 1301.3542 and provides
352	359		meaningful course instruction in the program, as determined under
353	360		rules adopted under Section 1301.407, may renew the person's
354	361		license and any endorsement without complying with Subsection (b)
355	362		if the person completes the hours of continuing professional
356	363		education required by that subsection every three years.
357	364		SECTION 20. Section 1301.405, Occupations Code, is amended
358	365		by adding Subsections (a-1) and (a-2) and amending Subsection (b)
359	366		to read as follows:
360	367		(a-1) The board by rule shall establish:
361	368		(1) minimum curriculum standards for a training
362	369		program described by Subsection (a) for persons who hold a
363	370		registration under this chapter; and
364	371		(2) minimum qualifications for an instructor of the
365	372		training program.
366	373		(a-2) The executive director shall approve:
367	374		(1) a training program that meets the minimum
368	375		curriculum standards established by the board under Subsection
369	376		(a-1); and
370	377		(2) an instructor who meets the minimum qualifications
371	378		established by the board under Subsection (a-1).
372	379		(b) A person may receive credit for participating in a
373	380		training program only if the program is [provided:
374	381		[(1) by a person] approved by the executive director
375	382		[board; and
376	383		[(2) according to criteria adopted by the board].
377	384		SECTION 21. Subchapter H, Chapter 1301, Occupations Code,
378	385		is amended by adding Section 1301.4055 to read as follows:
379	386		Sec. 1301.4055. PERIOD FOR COMPLETING CONTINUING
380	387		EDUCATION. The board shall adopt rules to ensure that each holder
381	388		of a license, registration, or endorsement has at least 12 months to
382	389		complete any continuing education required for the renewal of the
383	390		license, registration, or endorsement.
384	391		SECTION 22. Subchapter H, Chapter 1301, Occupations Code,
385	392		is amended by adding Section 1301.407 to read as follows:
386	393		Sec. 1301.407. PROCEDURES FOR VERIFYING CERTAIN
387	394		EXEMPTIONS. The board, in consultation with the State Board of
388	395		Education and the Texas Higher Education Coordinating Board, as
389	396		appropriate, may adopt rules as necessary to verify whether a
390	397		person qualifies for an exemption from the required renewal fee, as
391	398		described by Section 1301.401(c), or an exemption from required
392	399		continuing professional education, as described by Section
393	400		1301.404(g), including rules providing for obtaining and
394	401		evaluating written verification from the applicable school or
395	402		institution of higher education of the person's provision of
396	403		meaningful course instruction in a career and technology education
397	404		program described by Section 1301.3542.
398	405		SECTION 23. Section 1301.452(a), Occupations Code, is
399	406		amended to read as follows:
400	407		(a) A person is subject to disciplinary action under Section
401	408		1301.451 if the person violates this chapter, an order issued by the
402	409		board, or a board rule. A violation of this chapter includes:
403	410		(1) attempting to obtain or obtaining a license,
404	411		endorsement, or registration through [error or] fraud;
405	412		(2) wilfully, negligently, or arbitrarily violating a
406	413		municipal rule or ordinance that regulates sanitation, drainage, or
407	414		plumbing;
408	415		(3) making a misrepresentation of services provided or
409	416		to be provided;
410	417		(4) making a false promise with the intent to induce a
411	418		person to contract for a service; [or]
412	419		(5) employing a person who does not hold a license or
413	420		endorsement or who is not registered to engage in an activity for
414	421		which a license, endorsement, or registration is required under
415	422		this chapter;
416	423		(6) performing plumbing without holding the proper
417	424		license, endorsement, or registration required by this chapter; or
418	425		(7) performing plumbing in violation of a plumbing
419	426		code adopted under Section 1301.255.
420	427		SECTION 24. Section 1301.502(a), Occupations Code, is
421	428		amended to read as follows:
422	429		(a) A [field representative,] water district plumbing
423	430		inspector[,] or, within the jurisdiction of the municipality,
424	431		municipal plumbing inspector may issue a citation to a person who
425	432		engages in conduct described by Section 1301.508.
426	433		SECTION 25. Section 1301.5071, Occupations Code, is amended
427	434		by adding Subsection (a-1) to read as follows:
428	435		(a-1) The procedures established under Subsection (a) must:
429	436		(1) identify the types of complaints for which an
430	437		informal settlement conference may be used; and
431	438		(2) require appropriate documentation of each
432	439		informal settlement conference that is conducted, including the
433	440		outcome of the conference.
434	441		SECTION 26. The heading to Section 1301.703, Occupations
435	442		Code, is amended to read as follows:
436	443		Sec. 1301.703. [REPORT AND] NOTICE OF VIOLATION AND
437	444		PENALTY.
438	445		SECTION 27. Sections 1301.703(a) and (b), Occupations Code,
439	446		are amended to read as follows:
440	447		(a) If the board [enforcement committee] determines that a
441	448		violation occurred, the board [enforcement committee may issue to
442	449		the board a report stating:
443	450		[(1) the facts on which the determination is based;
444	451		and
445	452		[(2) the committee's recommendation on the imposition
446	453		of the penalty, including a recommendation on the amount of the
447	454		penalty.
448	455		[(b) Not later than the 14th day after the date the report is
449	456		issued, the enforcement committee] shall give written notice of the
450	457		violation [report] to the person alleged to have committed the
451	458		violation.
452	459		SECTION 28. Sections 1301.704(a) and (b), Occupations Code,
453	460		are amended to read as follows:
454	461		(a) Not later than the 20th day after the date the person
455	462		receives the notice, the person in writing may:
456	463		(1) accept the determination and recommended penalty
457	464		of the board [enforcement committee]; or
458	465		(2) make a request for a hearing on the occurrence of
459	466		the violation, the amount of the penalty, or both.
460	467		(b) If the person accepts the determination and recommended
461	468		penalty of the board [enforcement committee], the board by order
462	469		shall approve the determination and impose the recommended penalty.
463	470		SECTION 29. Section 1301.705(a), Occupations Code, is
464	471		amended to read as follows:
465	472		(a) If the person requests a hearing, the board [enforcement
466	473		committee] shall set a hearing and give written notice of the
467	474		hearing to the person. An administrative law judge of the State
468	475		Office of Administrative Hearings shall hold the hearing.
469	476		SECTION 30. Sections 1301.708(a) and (b), Occupations Code,
470	477		are amended to read as follows:
471	478		(a) Within the 30-day period prescribed by Section
472	479		1301.707, a person who files a petition for judicial review may:
473	480		(1) stay enforcement of the penalty by:
474	481		(A) paying the penalty to the court for placement
475	482		in an escrow account; or
476	483		(B) giving the court a supersedeas bond approved
477	484		by the court that:
478	485		(i) is for the amount of the penalty; and
479	486		(ii) is effective until all judicial review
480	487		of the board's order is final; or
481	488		(2) request the court to stay enforcement of the
482	489		penalty by:
483	490		(A) filing with the court a sworn affidavit of
484	491		the person stating that the person is financially unable to pay the
485	492		penalty and is financially unable to give the supersedeas bond; and
486	493		(B) sending a copy of the affidavit to the board
487	494		[enforcement committee] by certified mail.
488	495		(b) If the board [enforcement committee] receives a copy of
489	496		an affidavit under Subsection (a)(2), the executive director may
490	497		file with the court, not later than the fifth day after the date the
491	498		copy is received, a contest to the affidavit.
492	499		SECTION 31. Section 372.0035(h), Health and Safety Code, is
493	500		amended to read as follows:
494	501		(h) Within [A field representative of the Texas State Board
495	502		of Plumbing Examiners or, within] the jurisdiction of a
496	503		municipality, a municipal plumbing inspector may issue a citation
497	504		to a person who violates this section.
498	505		SECTION 32. The following provisions of the Occupations
499	506		Code are repealed:
500	507		(1) Section 1301.258(c), as added by Chapter 819 (S.B.
501	508		282), Acts of the 78th Legislature, Regular Session, 2003;
502	509		(2) Section 1301.304(b);
503	510		(3) Section 1301.356(c);
504	511		(4) Section 1301.3565(c);
505	512		(5) Section 1301.357(c);
506	513		(6) Section 1301.358;
507	514		(7) Section 1301.403(f);
508	515		(8) Section 1301.4522;
509	516		(9) Section 1301.502(b); and
510	517		(10) Section 1301.505.
511	518		SECTION 33. (a) Not later than:
512	519		(1) September 1, 2023, the Texas State Board of
513	520		Plumbing Examiners shall obtain criminal history record
514	521		information using a person's name, date of birth, and other
515	522		alphanumeric identifiers on each person who:
516	523		(A) on September 1, 2021, holds a license issued
517	524		under Chapter 1301, Occupations Code; and
518	525		(B) did not undergo a criminal history record
519	526		information check based on the person's name or fingerprints on
520	527		submission of the person's initial license application; and
521	528		(2) September 1, 2025, the Texas State Board of
522	529		Plumbing Examiners shall obtain criminal history record
523	530		information using a person's fingerprints on each person who:
524	531		(A) on September 1, 2021, holds a license issued
525	532		under Chapter 1301, Occupations Code; and
526	533		(B) did not undergo a criminal history record
527	534		information check based on the person's fingerprints on submission
528	535		of the person's initial license application.
529	536		(b) The Texas State Board of Plumbing Examiners may suspend
530	537		the license of a person who holds a license under Chapter 1301,
531	538		Occupations Code, who does not comply with a request by the board to
532	539		provide information or fingerprints, in a form and manner
533	540		prescribed by the board, that would enable the board to obtain
534	541		criminal history record information as required by this section.
535	542		SECTION 34. Notwithstanding Section 1301.003, Occupations
536	543		Code, it is the intent of the legislature in enacting this Act to
537	544		amend Chapter 1301, Occupations Code, as that chapter was continued
538	545		in existence by Executive Order No. GA-06.
539	546		SECTION 35. As soon as practicable after the effective date
540	547		of this Act, the board shall adopt rules necessary to implement the
541	548		changes in law made by this Act to Chapter 1301, Occupations Code.
542	549		SECTION 36. The change in law made by this Act to Section
543	550		1301.452, Occupations Code, applies only to conduct that occurs on
544	551		or after the effective date of this Act. Conduct that occurs before
545	552		that date is governed by the law in effect on the date the conduct
546	553		occurred, and the former law is continued in effect for that
547	554		purpose.
548	555		SECTION 37. This Act takes effect immediately if it
549	556		receives a vote of two-thirds of all the members elected to each
550	557		house, as provided by Section 39, Article III, Texas Constitution.
551	558		If this Act does not receive the vote necessary for immediate
552	559		effect, this Act takes effect September 1, 2021.
553		-	______________________________ ______________________________
554		-	President of the Senate Speaker of the House
555		-	I certify that H.B. No. 636 was passed by the House on April
556		-	14, 2021, by the following vote: Yeas 143, Nays 4, 1 present, not
557		-	voting.
558		-	______________________________
559		-	Chief Clerk of the House
560		-	I certify that H.B. No. 636 was passed by the Senate on May
561		-	13, 2021, by the following vote: Yeas 28, Nays 2.
562		-	______________________________
563		-	Secretary of the Senate
564		-	APPROVED: _____________________
565		-	Date
566		-	_____________________
567		-	Governor
	560	+	* * * * *