Texas 2021 - 87th Regular

Texas Senate Bill SB871 Compare Versions

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

Old	New	Differences
1	1	87R7358 JCG-D
2	2	By: Nichols, Buckingham S.B. No. 871
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; requiring an occupational license;
9	9	authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1301.002, Occupations Code, is amended
12	12	by amending Subdivisions (2), (3), (4), (6), (9), and (10) and
13	13	adding Subdivision (7-a) to read as follows:
14	14	(2) "Drain cleaning" [cleaner"] means [a person who]:
15	15	(A) installing [has completed at least 4,000
16	16	hours working under the supervision of a responsible master plumber
17	17	as a drain cleaner-restricted registrant;
18	18	[(B) has fulfilled the requirements of and is
19	19	registered with the board; and
20	20	[(C) installs] cleanouts and removing [removes]
21	21	and resetting [resets] p-traps to eliminate obstructions in
22	22	building drains and sewers under the supervision of a [responsible]
23	23	master plumber; or
24	24	(B) clearing[.
25	25	[(3) "Drain cleaner-restricted registrant" means a
26	26	person who:
27	27	[(A) has worked as a plumber's apprentice under
28	28	the supervision of a responsible master plumber;
29	29	[(B) has fulfilled the requirements of and is
30	30	registered with the board; and
31	31	[(C) clears] obstructions in sewer and drain
32	32	lines through any code-approved existing opening under the
33	33	supervision of a [responsible] master plumber.
34	34	(4) "Journeyman plumber" means a person licensed under
35	35	this chapter who:
36	36	(A) has met the qualifications for registration
37	37	as a plumber's apprentice or for licensing as a tradesman
38	38	plumber-limited license holder;
39	39	(B) has completed at least 8,000 hours working
40	40	under the supervision of a [responsible] master plumber;
41	41	(C) installs, changes, repairs, services, or
42	42	renovates plumbing or supervises any of those activities under the
43	43	supervision of a [responsible] master plumber;
44	44	(D) has passed the required examination; and
45	45	(E) has fulfilled the other requirements of the
46	46	board.
47	47	(6) "Plumber's apprentice" means a person other than a
48	48	master plumber, journeyman plumber, or tradesman plumber-limited
49	49	license holder who:
50	50	(A) [,] as the person's principal occupation,
51	51	learns about and assists in the installation of plumbing, including
52	52	drain cleaning and residential utilities installation;
53	53	(B) has fulfilled the requirements of and is
54	54	registered by the board;[,] and
55	55	(C) works under the supervision of a
56	56	[responsible] master plumber [and the direct supervision of a
57	57	licensed plumber].
58	58	(7-a) "Plumbing contractor" means a person licensed as
59	59	a plumbing contractor under this chapter who:
60	60	(A) is a master plumber, or employs a master
61	61	plumber, for the purpose of offering and performing plumbing work
62	62	that will be performed or supervised by the master plumber;
63	63	(B) is authorized to obtain permits for plumbing
64	64	work;
65	65	(C) assumes responsibility for plumbing work
66	66	performed for compensation paid to the person; and
67	67	(D) has submitted a certificate of insurance as
68	68	required by Section 1301.3576.
69	69	(9) "Residential utilities installation"
70	70	["Residential utilities installer"] means constructing and
71	71	installing [a person who:
72	72	[(A) has completed at least 2,000 hours working
73	73	under the supervision of a master plumber as a plumber's
74	74	apprentice;
75	75	[(B) has fulfilled the requirements of and is
76	76	registered with the board; and
77	77	[(C) constructs and installs] yard water service
78	78	piping for one-family or two-family dwellings and building sewers
79	79	under the supervision of a [responsible] master plumber.
80	80	(10) "Tradesman plumber-limited license holder" means
81	81	a person who:
82	82	(A) has completed at least 4,000 hours working
83	83	under the direct supervision of a journeyman or master plumber as a
84	84	plumber's apprentice;
85	85	(B) has passed the required examination;
86	86	(C) constructs and installs plumbing for
87	87	one-family or two-family dwellings under the supervision of a
88	88	[responsible] master plumber; and
89	89	(D) has fulfilled the other requirements of the
90	90	board.
91	91	SECTION 2. Section 1301.003, Occupations Code, is amended
92	92	to read as follows:
93	93	Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
94	94	Board of Plumbing Examiners is subject to Chapter 325, Government
95	95	Code (Texas Sunset Act). Unless continued in existence as provided
96	96	by that chapter, the board is abolished and this chapter expires
97	97	September 1, 2027 [2019].
98	98	SECTION 3. Section 1301.151(a), Occupations Code, is
99	99	amended to read as follows:
100	100	(a) The Texas State Board of Plumbing Examiners consists of
101	101	nine members appointed by the governor with the advice and consent
102	102	of the senate as follows:
103	103	(1) one member who has at least 10 years' practical
104	104	experience and is licensed as a master plumber;
105	105	(2) one member who has at least five years' practical
106	106	experience and is licensed as a journeyman plumber;
107	107	(3) one member who has at least five years' practical
108	108	experience and is licensed as a plumbing inspector;
109	109	(4) one member who is [has been] a plumbing contractor
110	110	[responsible master plumber for at least five years with at least 10
111	111	years' experience as a licensed journeyman plumber or master
112	112	plumber];
113	113	(5) one member who is a licensed engineer practicing
114	114	in the field of plumbing engineering;
115	115	(6) two members who are building contractors with at
116	116	least five years' contracting experience, one of whom is
117	117	principally engaged in home building and one of whom is principally
118	118	engaged in commercial building; [and]
119	119	(7) one member who is a licensed plumber; and
120	120	(8) one member [two members] who represents
121	121	[represent] the public.
122	122	SECTION 4. The heading to Section 1301.152, Occupations
123	123	Code, is amended to read as follows:
124	124	Sec. 1301.152. ELIGIBILITY OF PUBLIC MEMBER [MEMBERS].
125	125	SECTION 5. The heading to Section 1301.202, Occupations
126	126	Code, is amended to read as follows:
127	127	Sec. 1301.202. CERTAIN PLUMBING EXAMINERS [EXAMINER].
128	128	SECTION 6. Section 1301.202(a), Occupations Code, is
129	129	amended to read as follows:
130	130	(a) If an examination required for the issuance of a
131	131	license, endorsement, or certificate of registration under this
132	132	chapter contains a practical component, the [The] board shall
133	133	employ or contract with one or more plumbing examiners to
134	134	administer that portion of the examination. [A plumbing examiner
135	135	serves at the will of the board.] A plumbing examiner must:
136	136	(1) hold a license as a plumber issued under this
137	137	chapter; and
138	138	(2) be knowledgeable of this chapter and municipal
139	139	ordinances relating to plumbing[; and
140	140	[(3) be qualified by experience and training in
141	141	plumbing practice].
142	142	SECTION 7. Section 1301.203, Occupations Code, is amended
143	143	to read as follows:
144	144	Sec. 1301.203. FIELD REPRESENTATIVE; INSPECTIONS.
145	145	(a) The board shall [may] employ a field representative to assist
146	146	the board in enforcing this chapter and rules adopted under this
147	147	chapter. A field representative must[:
148	148	[(1) hold a license as a plumber under this chapter;
149	149	[(2)] be knowledgeable of this chapter and municipal
150	150	ordinances relating to plumbing[; and
151	151	[(3) be qualified by experience and training in
152	152	plumbing practice].
153	153	(b) A field representative may:
154	154	(1) conduct on-site license checks to determine
155	155	compliance with this chapter;
156	156	(2) investigate consumer complaints filed under
157	157	Section 1301.303;
158	158	(3) assist municipal plumbing inspectors in enforcing
159	159	this chapter; and
160	160	(4) [issue citations as provided by Section 1301.502;
161	161	and
162	162	[(5)] in the performance of the field representative's
163	163	other duties under this chapter, check the license, registration,
164	164	or endorsement of a person regulated by the Texas Department of
165	165	Licensing and Regulation in accordance with the memorandum of
166	166	understanding adopted under Section 1301.259 and report any
167	167	noncompliance to that agency.
168	168	(c) For an inspection or investigation that involves the
169	169	quality of plumbing work, including whether the plumbing work
170	170	complies with any applicable plumbing code requirements, the board
171	171	shall employ or contract with a person who holds a license as a
172	172	plumber under this chapter to conduct or assist in the inspection or
173	173	investigation.
174	174	SECTION 8. Section 1301.262, Occupations Code, is amended
175	175	to read as follows:
176	176	Sec. 1301.262. CODES [PLUMBING INSPECTOR CODE] OF CONDUCT.
177	177	(a) The board by rule shall establish a code of conduct for
178	178	licensed plumbing inspectors. The code of conduct shall require a
179	179	plumbing inspector to enforce this chapter and board rules in a
180	180	consistent manner across job sites.
181	181	(b) The board by rule may establish standards of conduct for
182	182	a holder of a license, endorsement, or certificate of registration
183	183	issued under this chapter.
184	184	SECTION 9. Subchapter E, Chapter 1301, Occupations Code, is
185	185	amended by adding Sections 1301.263 and 1301.264 to read as
186	186	follows:
187	187	Sec. 1301.263. EXAMINATION ADMINISTRATION AND CONTENT. (a)
188	188	The board shall recognize, prepare, administer, or arrange for the
189	189	administration of an examination required by this chapter.
190	190	(b) The board shall determine the minimum requirements and
191	191	passing score for an examination required by this chapter.
192	192	(c) If an examination required by this chapter contains a
193	193	practical component, the practical component must be administered
194	194	by a plumbing examiner as provided by Section 1301.202.
195	195	Sec. 1301.264. SUPERVISION RULES; RESPONSIBILITY FOR
196	196	PLUMBING WORK. (a) The board by rule shall:
197	197	(1) require that, for each task involved in plumbing,
198	198	a master plumber:
199	199	(A) perform the task; or
200	200	(B) provide general or direct supervision of a
201	201	less experienced plumber who performs the task;
202	202	(2) require that each plumber's apprentice and
203	203	tradesman plumber-limited license holder perform plumbing under
204	204	the direct or general supervision of a more experienced plumber;
205	205	(3) specify the plumbing tasks that a plumber's
206	206	apprentice or tradesman plumber-limited license holder must
207	207	perform under direct supervision and the plumbing tasks a plumber's
208	208	apprentice or tradesman plumber-limited license holder must
209	209	perform under general supervision;
210	210	(4) specify the amount of classroom training meeting
211	211	the requirements of Subsection (b), practical plumbing experience,
212	212	or a combination of that training and experience necessary to:
213	213	(A) exempt a plumber from the direct supervision
214	214	requirements under this section; and
215	215	(B) permit the plumber to perform the plumbing
216	216	under general supervision;
217	217	(5) require a plumber, other than a master plumber, to
218	218	document the plumber's:
219	219	(A) classroom training that meets the
220	220	requirements of Subsection (b); and
221	221	(B) practical plumbing experience; and
222	222	(6) require the plumbing contractor, and supervising
223	223	plumber, if any, to assume responsibility for plumbing performed,
224	224	including the quality of the plumbing and the supervision of less
225	225	experienced plumbers.
226	226	(b) Notwithstanding the minimum requirements for a
227	227	continuing education program or instructor established under this
228	228	chapter, the board by rule shall establish minimum requirements for
229	229	classroom training, other than a continuing education program under
230	230	this chapter, that, if successfully completed and documented by a
231	231	plumber, the board shall credit toward:
232	232	(1) the necessary classroom training required to:
233	233	(A) exempt the plumber from the direct
234	234	supervision requirements under this section; and
235	235	(B) permit the plumber to perform specified
236	236	plumbing tasks under general supervision;
237	237	(2) the continuing education required under this
238	238	chapter to renew a license, endorsement, or certificate of
239	239	registration, as applicable to the plumber; and
240	240	(3) the eligibility requirements for a license under
241	241	this chapter, as applicable to the plumber.
242	242	SECTION 10. Section 1301.302, Occupations Code, is amended
243	243	to read as follows:
244	244	Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A
245	245	written proposal, invoice, or contract relating to plumbing
246	246	services performed by or under the direction of a plumber licensed
247	247	under this chapter must contain the name and license number of the
248	248	plumbing contractor [responsible master plumber] and the name,
249	249	mailing address, and telephone number of the board. The person who
250	250	performed the services shall give the customer an invoice or
251	251	completed contract document on completion of the job, regardless of
252	252	whether the person charged a fee for performing the services.
253	253	SECTION 11. Sections 1301.351(a), (a-1), and (c),
254	254	Occupations Code, are amended to read as follows:
255	255	(a) A person[, other than a responsible master plumber,] may
256	256	not perform or offer to perform [engage in] plumbing for
257	257	compensation unless:
258	258	(1) the person holds:
259	259	(A) a plumbing contractor license; and
260	260	(B) the proper license, endorsement, or
261	261	certificate of registration[, or endorsement] required by this
262	262	chapter to perform or supervise the performance of plumbing; [and]
263	263	(2) the person:
264	264	(A) is employed by a plumbing contractor;
265	265	(B) performs or supervises the plumbing in the
266	266	scope of that employment; and
267	267	(C) holds the proper license, endorsement, or
268	268	certificate of registration required by this chapter; or
269	269	(3) the person offers to perform plumbing and
270	270	contracts with a plumbing contractor for the performance of the
271	271	plumbing [the person's work is supervised and controlled by a
272	272	person licensed under this chapter].
273	273	(a-1) A person may not act as a plumbing contractor
274	274	[responsible master plumber] unless the person holds the
275	275	appropriate license and meets the applicable requirements [for a
276	276	responsible master plumber] under this chapter.
277	277	(c) A plumbing contractor [license holder] who is
278	278	supervising and controlling [under Subsection (a)(2)] the work of a
279	279	person engaged in the business of plumbing in the construction of a
280	280	new one-family or two-family dwelling in an unincorporated area of
281	281	the state must have training and management responsibility for, and
282	282	shall review and inspect, the person's work. The plumbing
283	283	contractor [license holder] is not required to provide continuous
284	284	or uninterrupted on-the-job oversight of the person's work.
285	285	SECTION 12. Subchapter G, Chapter 1301, Occupations Code,
286	286	is amended by adding Section 1301.3515 to read as follows:
287	287	Sec. 1301.3515. CRIMINAL HISTORY RECORD INFORMATION FOR
288	288	LICENSE ISSUANCE. (a) The board shall require that an applicant
289	289	for a license submit a complete and legible set of fingerprints, on
290	290	a form prescribed by the board, to the board or to the Department of
291	291	Public Safety for the purpose of obtaining criminal history record
292	292	information from the Department of Public Safety and the Federal
293	293	Bureau of Investigation.
294	294	(b) The board may not issue a license to a person who does
295	295	not comply with the requirement of Subsection (a).
296	296	(c) The board shall conduct a criminal history record
297	297	information check of each applicant for a license using
298	298	information:
299	299	(1) provided by the individual under this section; and
300	300	(2) made available to the board by the Department of
301	301	Public Safety, the Federal Bureau of Investigation, and any other
302	302	criminal justice agency under Chapter 411, Government Code.
303	303	(d) The board may:
304	304	(1) enter into an agreement with the Department of
305	305	Public Safety to administer a criminal history record information
306	306	check required under this section; and
307	307	(2) authorize the Department of Public Safety to
308	308	collect from each applicant the costs incurred by the Department of
309	309	Public Safety in conducting the criminal history record information
310	310	check.
311	311	SECTION 13. Subchapter G, Chapter 1301, Occupations Code,
312	312	is amended by adding Section 1301.3542 to read as follows:
313	313	Sec. 1301.3542. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR
314	314	TRADESMAN PLUMBER-LIMITED LICENSE; INSTRUCTORS. (a) The board may
315	315	credit an applicant who submits an application under Section
316	316	1301.354(b) with a number of hours determined by board rule against
317	317	the number of hours of work experience required to take an
318	318	examination under that section, if the applicant successfully
319	319	completes a coherent sequence of courses in the plumbing trade that
320	320	are offered through a career and technology education program in
321	321	accordance with Subchapter F, Chapter 29, Education Code.
322	322	(b) A student of any age enrolled in a high school is
323	323	eligible to take the sequence of courses described by Subsection
324	324	(a) without registering as a plumber's apprentice or paying any
325	325	registration fee. A person who is no longer enrolled in a high
326	326	school shall comply with the requirements of this chapter related
327	327	to the person's eligibility to apply for and take an examination for
328	328	a license issued under this chapter, including any registration or
329	329	fee requirements.
330	330	(c) The board shall develop the courses described by
331	331	Subsection (a). The courses must be approved by the State Board of
332	332	Education.
333	333	(d) The courses must include an appropriate number of hours
334	334	of classroom instruction and a practical component. The board may
335	335	credit on-the-job training toward meeting the requirements under
336	336	the practical component.
337	337	(e) A person may not provide instruction in a career and
338	338	technology education program described by this section unless the
339	339	person is licensed under this chapter as a master plumber,
340	340	journeyman plumber, or plumbing inspector.
341	341	(f) A person described by Subsection (e) may provide the
342	342	instruction in a full-time or part-time capacity as an employee,
343	343	contractor, or volunteer of a high school.
344	344	(g) The board may adopt rules necessary to implement this
345	345	section, including procedures to verify a student's successful
346	346	completion of the sequence of courses described by Subsection (a).
347	347	SECTION 14. Section 1301.3575, Occupations Code, is amended
348	348	to read as follows:
349	349	Sec. 1301.3575. REGISTRATION OF PLUMBER'S APPRENTICES
350	350	[CERTAIN PERSONS]. The board shall register a person who complies
351	351	with this chapter as a [drain cleaner, drain cleaner-restricted
352	352	registrant, residential utilities installer, or] plumber's
353	353	apprentice.
354	354	SECTION 15. Section 1301.3576, Occupations Code, is amended
355	355	to read as follows:
356	356	Sec. 1301.3576. CERTIFICATE OF INSURANCE [AND TRAINING] FOR
357	357	PLUMBING CONTRACTOR [RESPONSIBLE MASTER PLUMBER]. Before a
358	358	plumbing contractor offers or performs plumbing [master plumber
359	359	works as a responsible master plumber], the plumbing contractor
360	360	[master plumber] must[:
361	361	[(1)] provide the board with a certificate of
362	362	insurance that meets the requirements of Section 1301.552[; and
363	363	[(2) present evidence satisfactory to the board of
364	364	successful completion of a training program approved or
365	365	administered by the board regarding the laws and rules applicable
366	366	to the operation of a plumbing business in this state].
367	367	SECTION 16. Subchapter G, Chapter 1301, Occupations Code,
368	368	is amended by adding Sections 1301.3581 and 1301.360 to read as
369	369	follows:
370	370	Sec. 1301.3581. RECIPROCITY. (a) The board may issue a
371	371	license, endorsement, or certificate of registration under this
372	372	chapter for an applicant who holds a similar license, endorsement,
373	373	or certificate issued by another jurisdiction.
374	374	(b) An applicant under this section must:
375	375	(1) apply in the same manner and form as any other
376	376	applicant under this chapter; and
377	377	(2) provide the board with documents and other
378	378	evidence that substantiate the applicant's qualifications.
379	379	(c) An applicant for a license, endorsement, or certificate
380	380	of registration issued under this section may not be required to
381	381	undergo an examination to obtain the license, endorsement, or
382	382	certificate if the applicant has held an equivalent license,
383	383	endorsement, or certificate in another jurisdiction for at least
384	384	two years. The board may determine whether a license, endorsement,
385	385	or certificate issued by another jurisdiction is equivalent to a
386	386	license, endorsement, or certificate issued under this chapter.
387	387	Sec. 1301.360. TEMPORARY LICENSE. (a) The board by rule
388	388	may provide for the issuance of a temporary license, endorsement,
389	389	or certificate of registration to an applicant who:
390	390	(1) submits an application on a form prescribed by the
391	391	board;
392	392	(2) meets preliminary qualifications established by
393	393	board rule; and
394	394	(3) pays any required fees.
395	395	(b) A temporary license holder is subject to this chapter
396	396	and rules adopted under this chapter.
397	397	SECTION 17. Section 1301.401, Occupations Code, is amended
398	398	to read as follows:
399	399	Sec. 1301.401. [ANNUAL] RENEWAL REQUIRED. (a) A license
400	400	or certificate of registration under this chapter is valid for one
401	401	or two years as determined by board rule [year]. On payment of the
402	402	required fee, a license may be renewed [annually].
403	403	(b) The board by rule shall establish the requirements for
404	404	renewing a license, endorsement, or certificate of registration
405	405	under this chapter and may adopt a system under which licenses,
406	406	endorsements, and certificates of registration [registrations]
407	407	expire on various dates during the year.
408	408	(c) An endorsement issued under Section 1301.356,
409	409	1301.3565, or 1301.357 expires on the date the master plumber or
410	410	journeyman plumber license of the endorsement holder expires. Any
411	411	continuing education requirement established by rule and
412	412	applicable to an endorsement issued under this chapter must be
413	413	completed before the endorsement holder may renew the endorsement.
414	414	SECTION 18. Sections 1301.404(a), (c), and (d), Occupations
415	415	Code, are amended to read as follows:
416	416	(a) The board by rule shall establish:
417	417	(1) minimum curriculum standards for [recognize,
418	418	approve, and administer] continuing education programs and courses
419	419	for persons who hold a license [licenses] or endorsement issued
420	420	[endorsements] under this chapter; and
421	421	(2) minimum qualifications for an instructor of the
422	422	continuing education programs and courses described by Subdivision
423	423	(1).
424	424	(c) The board shall approve:
425	425	(1) a program or course that meets the minimum
426	426	curriculum standards established by the board under Subsection (a);
427	427	and
428	428	(2) an instructor who meets the minimum qualifications
429	429	established by the board under Subsection (a) [by rule shall adopt
430	430	the criteria for the continuing professional education].
431	431	(d) A person may receive credit for participating in a
432	432	continuing professional education program or course only if the
433	433	program or course is approved by the [provided:
434	434	[(1) by an individual, business, or association
435	435	approved by the board; and
436	436	[(2) according to criteria adopted by the] board.
437	437	SECTION 19. Section 1301.405, Occupations Code, is amended
438	438	to read as follows:
439	439	Sec. 1301.405. [MANDATORY] TRAINING FOR PLUMBER'S
440	440	APPRENTICE [DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT,
441	441	AND RESIDENTIAL UTILITIES INSTALLER]. The board by rule may
442	442	establish continuing education requirements for persons [(a) To
443	443	renew the certificate of registration, a person] who hold [holds] a
444	444	certificate of registration under this chapter as a plumber's
445	445	apprentice [drain cleaner, drain cleaner-restricted registrant, or
446	446	residential utilities installer must annually complete at least six
447	447	hours of approved training that includes training in health and
448	448	safety requirements, board-approved plumbing codes, and water
449	449	conservation].
450	450	[(b) A person may receive credit for participating in a
451	451	training program only if the program is provided:
452	452	[(1) by a person approved by the board; and
453	453	[(2) according to criteria adopted by the board.
454	454	[(c) The board by rule may exempt certain persons from the
455	455	requirements of this section if the board determines that the
456	456	exemption is in the public interest.]
457	457	SECTION 20. The heading to Subchapter I, Chapter 1301,
458	458	Occupations Code, is amended to read as follows:
459	459	SUBCHAPTER I. DISCIPLINARY ACTION [PROCEDURES]
460	460	SECTION 21. Section 1301.452, Occupations Code, is amended
461	461	to read as follows:
462	462	Sec. 1301.452. GROUNDS FOR DISCIPLINARY ACTION. [(a)] A
463	463	person is subject to disciplinary action under Section 1301.451 if
464	464	the person violates this chapter, an order issued by the board, or a
465	465	board rule. A violation of this chapter includes:
466	466	(1) attempting to obtain or obtaining a license,
467	467	endorsement, or registration through [error or] fraud;
468	468	(2) wilfully, negligently, or arbitrarily violating a
469	469	municipal rule or ordinance that regulates sanitation, drainage, or
470	470	plumbing;
471	471	(3) making a misrepresentation of services provided or
472	472	to be provided;
473	473	(4) making a false promise with the intent to induce a
474	474	person to contract for a service; [or]
475	475	(5) employing a person who does not hold a license or
476	476	endorsement or who is not registered to engage in an activity for
477	477	which a license, endorsement, or certificate of registration is
478	478	required under this chapter;
479	479	(6) performing plumbing without holding the proper
480	480	license, endorsement, or certificate of registration required by
481	481	this chapter;
482	482	(7) offering to perform or performing plumbing for
483	483	compensation without:
484	484	(A) holding a plumbing contractor license;
485	485	(B) being employed by a plumbing contractor and
486	486	acting in the scope of that employment; or
487	487	(C) contracting with a plumbing contractor to
488	488	perform the offered plumbing;
489	489	(8) performing plumbing in violation of a plumbing
490	490	code adopted under Section 1301.255; or
491	491	(9) failing to supervise plumbing as required by this
492	492	chapter or board rule.
493	493	[(b) Retesting procedures may be used to determine whether
494	494	grounds exist for suspension or revocation of a license,
495	495	endorsement, or registration due to incompetence or a wilful
496	496	violation by a person licensed under this chapter.]
497	497	SECTION 22. Section 1301.502(a), Occupations Code, is
498	498	amended to read as follows:
499	499	(a) A [field representative,] water district plumbing
500	500	inspector[,] or, within the jurisdiction of the municipality,
501	501	municipal plumbing inspector may issue a citation to a person who
502	502	engages in conduct described by Section 1301.508.
503	503	SECTION 23. Section 1301.551(g), Occupations Code, is
504	504	amended to read as follows:
505	505	(g) A [responsible master plumber,] plumbing contractor[,]
506	506	or other person who is required to obtain a permit under this
507	507	section is not required to pay a plumbing registration fee or
508	508	administrative fee in a municipality or any other political
509	509	subdivision.
510	510	SECTION 24. Section 1301.552, Occupations Code, is amended
511	511	to read as follows:
512	512	Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT
513	513	IN POLITICAL SUBDIVISION. A political subdivision that requires a
514	514	plumbing contractor [responsible master plumber] or an agent of a
515	515	plumbing contractor [responsible master plumber] to obtain a permit
516	516	before performing plumbing in the political subdivision shall
517	517	verify through the board's Internet website, or by contacting the
518	518	board by telephone, that the plumbing contractor [responsible
519	519	master plumber] has on file with the board a certificate of
520	520	insurance. The certificate of insurance must:
521	521	(1) be written by an insurer authorized to engage in
522	522	the business of insurance in this state or an eligible surplus lines
523	523	insurer under Chapter 981[, as defined by Section 981.002],
524	524	Insurance Code;
525	525	(2) provide for commercial general liability
526	526	insurance for the plumbing contractor [responsible master plumber]
527	527	for a claim for property damage or bodily injury, regardless of
528	528	whether the claim arises from negligence or on a contract; and
529	529	(3) provide coverage of not less than $300,000 for all
530	530	claims arising in a one-year period.
531	531	SECTION 25. Section 372.0035(h), Health and Safety Code, is
532	532	amended to read as follows:
533	533	(h) Within [A field representative of the Texas State Board
534	534	of Plumbing Examiners or, within] the jurisdiction of a
535	535	municipality, a municipal plumbing inspector may issue a citation
536	536	to a person who violates this section.
537	537	SECTION 26. The following provisions of the Occupations
538	538	Code are repealed:
539	539	(1) Section 1301.002(9-a);
540	540	(2) Section 1301.351(a-2);
541	541	(3) Section 1301.356(c);
542	542	(4) Section 1301.3565(c);
543	543	(5) Section 1301.357(c);
544	544	(6) Section 1301.358; and
545	545	(7) Section 1301.502(b).
546	546	SECTION 27. Notwithstanding any other provision of this
547	547	Act:
548	548	(1) the authorization of a person holding a
549	549	designation on the effective date of this Act to act as a
550	550	responsible master plumber continues in effect until September 1,
551	551	2022;
552	552	(2) a person is not required to hold a plumbing
553	553	contractor license to perform or offer to perform plumbing for
554	554	compensation until September 1, 2022; and
555	555	(3) a person holding a designation to act as a
556	556	responsible master plumber on the effective date of this Act may
557	557	apply at no cost to the person for a plumbing contractor license
558	558	until September 1, 2022, and after September 1, 2022, if the person
559	559	applies for a plumbing contractor license, the person shall pay any
560	560	fee required by law for the plumbing contractor license.
561	561	SECTION 28. The changes in law made by this Act to the
562	562	qualifications of the members of the Texas State Board of Plumbing
563	563	Examiners do not affect the entitlement of a member serving on the
564	564	board immediately before the effective date of this Act to continue
565	565	to serve for the remainder of the member's term. As the terms of
566	566	board members expire, the governor shall appoint or reappoint a
567	567	member who has the qualifications required for a member under
568	568	Section 1301.151, Occupations Code, as amended by this Act.
569	569	SECTION 29. (a) Not later than:
570	570	(1) September 1, 2023, the Texas State Board of
571	571	Plumbing Examiners shall obtain criminal history record
572	572	information using a person's name, date of birth, and other
573	573	alphanumeric identifiers on each person who:
574	574	(A) on the effective date of this Act holds a
575	575	license issued under Chapter 1301, Occupations Code; and
576	576	(B) did not undergo a criminal history record
577	577	information check based on the person's name or fingerprints on
578	578	submission of the person's initial license application; and
579	579	(2) September 1, 2025, the Texas State Board of
580	580	Plumbing Examiners shall obtain criminal history record
581	581	information using a person's fingerprints on each person who:
582	582	(A) on the effective date of this Act holds a
583	583	license issued under Chapter 1301, Occupations Code; and
584	584	(B) did not undergo a criminal history record
585	585	information check based on the person's fingerprints on submission
586	586	of the person's initial license application.
587	587	(b) The Texas State Board of Plumbing Examiners may suspend
588	588	the license of a person who holds a license under Chapter 1301,
589	589	Occupations Code, who does not comply with a request by the board to
590	590	provide information or fingerprints, in a form and manner
591	591	prescribed by the board, that would enable the board to obtain
592	592	criminal history record information as required by this section.
593	593	SECTION 30. Notwithstanding Section 1301.003, Occupations
594	594	Code, it is the intent of the legislature in enacting this Act to
595	595	amend Chapter 1301, Occupations Code, as that chapter was continued
596	596	in existence by Executive Order No. GA-06.
597	597	SECTION 31. This Act takes effect immediately if it
598	598	receives a vote of two-thirds of all the members elected to each
599	599	house, as provided by Section 39, Article III, Texas Constitution.
600	600	If this Act does not receive the vote necessary for immediate
601	601	effect, this Act takes effect September 1, 2021.