Texas 2021 - 87th Regular

Texas Senate Bill SB1196 Compare Versions

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

Old	New	Differences
1	1	87R225 JCG-D
2	2	By: Whitmire S.B. No. 1196
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas State Board
8	8	of Plumbing Examiners; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1301.002(9-a), Occupations Code, is
11	11	amended to read as follows:
12	12	(9-a) "Responsible master plumber" means a person
13	13	licensed as a master plumber under this chapter who:
14	14	(A) allows the person's master plumber license to
15	15	be used by one plumbing company for the purpose of offering and
16	16	performing plumbing work under the person's master plumber license;
17	17	(B) is authorized to obtain permits for plumbing
18	18	work;
19	19	(C) assumes responsibility for plumbing work
20	20	performed under the person's license; and
21	21	(D) has submitted a certificate of insurance as
22	22	required by Section 1301.3576 [; and
23	23	[(E) has completed a training program required by
24	24	Section 1301.3576].
25	25	SECTION 2. Section 1301.003, Occupations Code, is amended
26	26	to read as follows:
27	27	Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
28	28	Board of Plumbing Examiners is subject to Chapter 325, Government
29	29	Code (Texas Sunset Act). Unless continued in existence as provided
30	30	by that chapter, the board is abolished and this chapter expires
31	31	September 1, 2027 [2019].
32	32	SECTION 3. The heading to Section 1301.202, Occupations
33	33	Code, is amended to read as follows:
34	34	Sec. 1301.202. CERTAIN PLUMBING EXAMINERS [EXAMINER].
35	35	SECTION 4. Section 1301.202(a), Occupations Code, is
36	36	amended to read as follows:
37	37	(a) If an examination required for the issuance of a
38	38	license, registration, or endorsement under this chapter contains a
39	39	practical component, the [The] board shall employ or contract with
40	40	one or more plumbing examiners to administer that portion of the
41	41	examination. [A plumbing examiner serves at the will of the board.]
42	42	A plumbing examiner must:
43	43	(1) hold a license as a plumber issued under this
44	44	chapter;
45	45	(2) be knowledgeable of this chapter and municipal
46	46	ordinances relating to plumbing; and
47	47	(3) be qualified by experience and training in
48	48	plumbing practice.
49	49	SECTION 5. Section 1301.203, Occupations Code, is amended
50	50	by adding Subsection (c) to read as follows:
51	51	(c) The board by rule shall assign priorities and prescribe
52	52	procedures for conducting checks described by Subsection (b)(1)
53	53	based on:
54	54	(1) the degree of potential harm to public health,
55	55	safety, or property;
56	56	(2) the history of previous violations of this chapter
57	57	or a rule adopted under this chapter by a person regulated under
58	58	this chapter; and
59	59	(3) any other indication of increased risk to public
60	60	health, safety, or property, as determined by the board.
61	61	SECTION 6. Subchapter E, Chapter 1301, Occupations Code, is
62	62	amended by adding Section 1301.263 to read as follows:
63	63	Sec. 1301.263. EXAMINATION ADMINISTRATION AND CONTENT. (a)
64	64	The board may adopt, recognize, develop, or contract for an
65	65	examination required by this chapter, including the administration
66	66	of the examination.
67	67	(b) For each examination required by this chapter, the board
68	68	shall, to the extent feasible, adopt, recognize, develop, or
69	69	contract for an examination that includes components that may be
70	70	administered:
71	71	(1) in writing or online; and
72	72	(2) by a person other than a plumbing examiner
73	73	described by Section 1301.202.
74	74	(c) The board shall determine the passing score for an
75	75	examination required by this chapter.
76	76	SECTION 7. Section 1301.303(e), Occupations Code, is
77	77	amended to read as follows:
78	78	(e) The board by rule shall assign priorities and prescribe
79	79	investigative procedures for investigations of complaints based
80	80	on:
81	81	(1) the severity of the conduct alleged in the
82	82	complaint; [and]
83	83	(2) the degree of harm to public health, safety, or
84	84	property;
85	85	(3) the history of previous violations of this chapter
86	86	by the person who is the subject of the complaint; and
87	87	(4) any other indication of increased risk to public
88	88	health, safety, or property, as determined by the board.
89	89	SECTION 8. Subchapter F, Chapter 1301, Occupations Code, is
90	90	amended by adding Section 1301.305 to read as follows:
91	91	Sec. 1301.305. PUBLIC ACCESS TO INFORMATION RELATING TO
92	92	DISCIPLINARY ACTIONS. (a) The board shall make available to the
93	93	public through a toll-free telephone number, Internet website, or
94	94	other easily accessible medium determined by the board the
95	95	following information relating to a disciplinary action taken
96	96	regarding a person regulated under this chapter:
97	97	(1) the identity of the person;
98	98	(2) the nature of the complaint that was the basis of
99	99	the disciplinary action; and
100	100	(3) the disciplinary action taken by the board.
101	101	(b) The board may not include the name of the person who
102	102	filed the complaint in the information made available under
103	103	Subsection (a).
104	104	(c) The board shall present the information made available
105	105	under Subsection (a) in an impartial manner using commonly
106	106	understood language.
107	107	(d) The board shall regularly update the information made
108	108	available under this section.
109	109	SECTION 9. Subchapter G, Chapter 1301, Occupations Code, is
110	110	amended by adding Section 1301.3515 to read as follows:
111	111	Sec. 1301.3515. CRIMINAL HISTORY RECORD INFORMATION FOR
112	112	LICENSE ISSUANCE. (a) The board shall require that an applicant
113	113	for a license submit a complete and legible set of fingerprints, on
114	114	a form prescribed by the board, to the board or to the Department of
115	115	Public Safety for the purpose of obtaining criminal history record
116	116	information from the Department of Public Safety and the Federal
117	117	Bureau of Investigation.
118	118	(b) The board may not issue a license to a person who does
119	119	not comply with the requirement of Subsection (a).
120	120	(c) The board shall conduct a criminal history record
121	121	information check of each applicant for a license using
122	122	information:
123	123	(1) provided by the individual under this section; and
124	124	(2) made available to the department by the Department
125	125	of Public Safety, the Federal Bureau of Investigation, and any
126	126	other criminal justice agency under Chapter 411, Government Code.
127	127	(d) The board may:
128	128	(1) enter into an agreement with the Department of
129	129	Public Safety to administer a criminal history record information
130	130	check required under this section; and
131	131	(2) authorize the Department of Public Safety to
132	132	collect from each applicant the costs incurred by the Department of
133	133	Public Safety in conducting the criminal history record information
134	134	check.
135	135	SECTION 10. Section 1301.3576, Occupations Code, is amended
136	136	to read as follows:
137	137	Sec. 1301.3576. CERTIFICATE OF INSURANCE [AND TRAINING] FOR
138	138	RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a
139	139	responsible master plumber, the master plumber must[:
140	140	[(1)] provide the board with a certificate of
141	141	insurance that meets the requirements of Section 1301.552[; and
142	142	[(2) present evidence satisfactory to the board of
143	143	successful completion of a training program approved or
144	144	administered by the board regarding the laws and rules applicable
145	145	to the operation of a plumbing business in this state].
146	146	SECTION 11. Subchapter G, Chapter 1301, Occupations Code,
147	147	is amended by adding Section 1301.360 to read as follows:
148	148	Sec. 1301.360. TEMPORARY LICENSE. (a) The board by rule
149	149	may provide for the issuance of a temporary license to an applicant
150	150	who:
151	151	(1) submits to the board an application on a form
152	152	prescribed by the board;
153	153	(2) meets preliminary qualifications established by
154	154	board rule; and
155	155	(3) pays a fee set by the board.
156	156	(b) A temporary license issued under this section expires on
157	157	the 30th day after the date of issuance and may not be renewed.
158	158	(c) A temporary license holder is subject to:
159	159	(1) this chapter;
160	160	(2) any law applicable to the activity for which the
161	161	license is required, including municipal rules, orders, or
162	162	ordinances; and
163	163	(3) any rule of the board applicable to the license.
164	164	SECTION 12. Section 1301.401, Occupations Code, is amended
165	165	by amending Subsection (a) and adding Subsection (c) to read as
166	166	follows:
167	167	Sec. 1301.401. ANNUAL RENEWAL REQUIRED. (a) A license,
168	168	[or] registration, or endorsement under this chapter is valid for
169	169	one year. On payment of the required fee, a license, registration,
170	170	or endorsement may be renewed annually.
171	171	(c) An endorsement issued under Section 1301.356,
172	172	1301.3565, or 1301.357 expires on the date the master plumber or
173	173	journeyman plumber license of the endorsement holder expires. The
174	174	board shall adopt rules to provide for the license holder to renew
175	175	the endorsement in the same transaction as the license if the
176	176	license holder:
177	177	(1) has completed any continuing education
178	178	requirement established by rule and applicable to the endorsement;
179	179	and
180	180	(2) complies with other requirements prescribed by
181	181	board rule.
182	182	SECTION 13. Sections 1301.404(a), (b), (c), (d), and (e),
183	183	Occupations Code, are amended to read as follows:
184	184	(a) The board by rule shall establish:
185	185	(1) minimum curriculum standards for [recognize,
186	186	approve, and administer] continuing education programs and courses
187	187	for persons who hold a license [licenses] or endorsement issued
188	188	[endorsements] under this chapter; and
189	189	(2) minimum qualifications for an instructor of the
190	190	continuing education programs and courses described by Subdivision
191	191	(1).
192	192	(b) A person who holds a license or endorsement under this
193	193	chapter must complete at least six hours of continuing professional
194	194	education annually [each year the person holds the license or
195	195	endorsement] to renew the person's license or endorsement. Three of
196	196	the six hours must be in the subjects of health protection, energy
197	197	conservation, and water conservation.
198	198	(c) The executive director shall approve:
199	199	(1) a program or course that meets the minimum
200	200	curriculum standards established by the board under Subsection (a);
201	201	and
202	202	(2) an instructor who meets the minimum qualifications
203	203	established by the board under Subsection (a) [board by rule shall
204	204	adopt the criteria for the continuing professional education].
205	205	(d) A person may receive credit for participating in a
206	206	continuing professional education program or course only if the
207	207	program or course is approved by the executive director [provided:
208	208	[(1) by an individual, business, or association
209	209	approved by the board; and
210	210	[(2) according to criteria adopted by the board].
211	211	(e) A person may complete the continuing professional
212	212	education requirement of this section through a correspondence
213	213	course as approved by the executive director [board].
214	214	SECTION 14. Section 1301.405, Occupations Code, is amended
215	215	by adding Subsections (a-1) and (a-2) and amending Subsection (b)
216	216	to read as follows:
217	217	(a-1) The board by rule shall establish:
218	218	(1) minimum curriculum standards for a training
219	219	program described by Subsection (a) for persons who hold a
220	220	registration under this chapter; and
221	221	(2) minimum qualifications for an instructor of the
222	222	training program.
223	223	(a-2) The executive director shall approve:
224	224	(1) a training program that meets the minimum
225	225	curriculum standards established by the board under Subsection
226	226	(a-1); and
227	227	(2) an instructor who meets the minimum qualifications
228	228	established by the board under Subsection (a-1).
229	229	(b) A person may receive credit for participating in a
230	230	training program only if the program is [provided:
231	231	[(1) by a person] approved by the executive director
232	232	[board; and
233	233	[(2) according to criteria adopted by the board].
234	234	SECTION 15. Subchapter H, Chapter 1301, Occupations Code,
235	235	is amended by adding Section 1301.4055 to read as follows:
236	236	Sec. 1301.4055. PERIOD FOR COMPLETING CONTINUING
237	237	EDUCATION. The board shall adopt rules to ensure that each holder
238	238	of a license, registration, or endorsement has at least 12 months to
239	239	complete any continuing education required for the renewal of the
240	240	license, registration, or endorsement.
241	241	SECTION 16. Section 1301.452(a), Occupations Code, is
242	242	amended to read as follows:
243	243	(a) A person is subject to disciplinary action under Section
244	244	1301.451 if the person violates this chapter, an order issued by the
245	245	board, or a board rule. A violation of this chapter includes:
246	246	(1) attempting to obtain or obtaining a license,
247	247	endorsement, or registration through [error or] fraud;
248	248	(2) wilfully, negligently, or arbitrarily violating a
249	249	municipal rule or ordinance that regulates sanitation, drainage, or
250	250	plumbing;
251	251	(3) making a misrepresentation of services provided or
252	252	to be provided;
253	253	(4) making a false promise with the intent to induce a
254	254	person to contract for a service; [or]
255	255	(5) employing a person who does not hold a license or
256	256	endorsement or who is not registered to engage in an activity for
257	257	which a license, endorsement, or registration is required under
258	258	this chapter;
259	259	(6) performing plumbing without holding the proper
260	260	license, endorsement, or registration required by this chapter; or
261	261	(7) performing plumbing in violation of a plumbing
262	262	code adopted under Section 1301.255.
263	263	SECTION 17. Section 1301.5071, Occupations Code, is amended
264	264	by adding Subsection (a-1) to read as follows:
265	265	(a-1) The procedures established under Subsection (a) must:
266	266	(1) identify the types of complaints for which an
267	267	informal settlement conference may be used; and
268	268	(2) require appropriate documentation of each
269	269	informal settlement conference that is conducted, including the
270	270	outcome of the conference.
271	271	SECTION 18. The following provisions of the Occupations
272	272	Code are repealed:
273	273	(1) Section 1301.356(c);
274	274	(2) Section 1301.3565(c);
275	275	(3) Section 1301.357(c);
276	276	(4) Section 1301.403(f); and
277	277	(5) Section 1301.505.
278	278	SECTION 19. (a) Not later than:
279	279	(1) September 1, 2023, the Texas State Board of
280	280	Plumbing Examiners shall obtain criminal history record
281	281	information using a person's name, date of birth, and other
282	282	alphanumeric identifiers on each person who:
283	283	(A) on September 1, 2021, holds a license issued
284	284	under Chapter 1301, Occupations Code; and
285	285	(B) did not undergo a criminal history record
286	286	information check based on the person's name or fingerprints on
287	287	submission of the person's initial license application; and
288	288	(2) September 1, 2025, the Texas State Board of
289	289	Plumbing Examiners shall obtain criminal history record
290	290	information using a person's fingerprints on each person who:
291	291	(A) on September 1, 2021, holds a license issued
292	292	under Chapter 1301, Occupations Code; and
293	293	(B) did not undergo a criminal history record
294	294	information check based on the person's fingerprints on submission
295	295	of the person's initial license application.
296	296	(b) The Texas State Board of Plumbing Examiners may suspend
297	297	the license of a person who holds a license under Chapter 1301,
298	298	Occupations Code, who does not comply with a request by the board to
299	299	provide information or fingerprints, in a form and manner
300	300	prescribed by the board, that would enable the board to obtain
301	301	criminal history record information as required by this section.
302	302	SECTION 20. Notwithstanding Section 1301.003, Occupations
303	303	Code, it is the intent of the legislature in enacting this Act to
304	304	amend Chapter 1301, Occupations Code, as that chapter was continued
305	305	in existence by Executive Order No. GA-06.
306	306	SECTION 21. As soon as practicable after the effective date
307	307	of this Act, the board shall adopt rules necessary to implement the
308	308	changes in law made by this Act to Chapter 1301, Occupations Code.
309	309	SECTION 22. The change in law made by this Act to Section
310	310	1301.452, Occupations Code, applies only to conduct that occurs on
311	311	or after the effective date of this Act. Conduct that occurs before
312	312	that date is governed by the law in effect on the date the conduct
313	313	occurred, and the former law is continued in effect for that
314	314	purpose.
315	315	SECTION 23. This Act takes effect immediately if it
316	316	receives a vote of two-thirds of all the members elected to each
317	317	house, as provided by Section 39, Article III, Texas Constitution.
318	318	If this Act does not receive the vote necessary for immediate
319	319	effect, this Act takes effect September 1, 2021.