Bill Text: TX HB1670 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the transfer of the regulation of plumbing to the Texas Department of Licensing and Regulation, following recommendations of the Sunset Advisory Commission; requiring an occupational license; authorizing a fee.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-12 - Left pending in committee [HB1670 Detail]
Download: Texas-2019-HB1670-Introduced.html
86R7842 JCG-D | ||
By: Lambert | H.B. No. 1670 |
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relating to the transfer of the regulation of plumbing to the Texas | ||
Department of Licensing and Regulation, following recommendations | ||
of the Sunset Advisory Commission; requiring an occupational | ||
license; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1301.002, Occupations Code, is amended | ||
by amending Subdivisions (1), (1-a), (1-b), (2), (3), (4), (5), | ||
(6), (8), (9), (10), and (11) and adding Subdivisions (1-c) and | ||
(7-a) to read as follows: | ||
(1) "Advisory board" [ |
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[ |
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(1-a) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(1-b) "Control valve" means a valve that operates each | ||
time water is supplied to, or shut off from, a receptacle or | ||
plumbing fixture. The term does not include a stop valve that may be | ||
installed in the water supply branch to the control valve. | ||
(1-c) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(2) [ |
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director of the department [ |
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(3) "Drain cleaning" [ |
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(A) installing [ |
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[ |
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[ |
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and resetting [ |
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building drains and sewers under the supervision of a [ |
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master plumber; or | ||
(B) clearing [ |
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lines through any code-approved existing opening under the | ||
supervision of a [ |
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(4) "Journeyman plumber" means a person licensed under | ||
this chapter who: | ||
(A) has met the qualifications for registration | ||
as a plumber's apprentice or for licensing as a tradesman | ||
plumber-limited license holder; | ||
(B) has completed at least 8,000 hours working | ||
under the supervision of a [ |
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(C) installs, changes, repairs, services, or | ||
renovates plumbing or supervises any of those activities under the | ||
supervision of a [ |
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(D) has passed the required examination; and | ||
(E) has fulfilled the other requirements of the | ||
commission [ |
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(5) "Master plumber" means a person licensed under | ||
this chapter who: | ||
(A) is skilled in the design, planning, and | ||
superintending of plumbing and in the practical installation, | ||
repair, and servicing of plumbing; | ||
(B) has worked as a journeyman plumber: | ||
(i) for at least four years; or | ||
(ii) for at least one year and has | ||
successfully completed a training program approved by the United | ||
States Department of Labor Office of Apprenticeship or another | ||
nationally recognized apprentice training program accepted by the | ||
commission [ |
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(C) performs or supervises plumbing work; | ||
(D) has passed the required examination; and | ||
(E) has fulfilled the other requirements of the | ||
commission [ |
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(6) "Plumber's apprentice" means a person other than a | ||
master plumber, journeyman plumber, or tradesman plumber-limited | ||
license holder who: | ||
(A) [ |
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learns about and assists in the installation of plumbing, including | ||
drain cleaning and residential utilities installation; | ||
(B) has fulfilled the requirements of the | ||
commission and is registered by the department; [ |
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(C) works under the supervision of a | ||
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(7-a) "Plumbing contractor" means a person licensed as | ||
a plumbing contractor under this chapter who: | ||
(A) is a master plumber, or employs a master | ||
plumber, for the purpose of offering and performing plumbing work | ||
that will be performed or supervised by the master plumber; | ||
(B) is authorized to obtain permits for plumbing | ||
work; | ||
(C) assumes responsibility for plumbing work | ||
performed for compensation paid to the person; and | ||
(D) has submitted a certificate of insurance as | ||
required by Section 1301.3576. | ||
(8) "Plumbing inspector" means a person who: | ||
(A) is employed by a political subdivision or | ||
state agency, or contracts as an independent contractor with a | ||
political subdivision or state agency, to inspect plumbing in | ||
connection with health and safety laws, including ordinances, and | ||
plumbing and gas codes; | ||
(B) has passed the required examination; and | ||
(C) has fulfilled the other requirements of the | ||
commission [ |
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(9) "Residential utilities installation" | ||
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installing [ |
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piping for one-family or two-family dwellings and building sewers | ||
under the supervision of a [ |
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(10) "Tradesman plumber-limited license holder" means | ||
a person who: | ||
(A) has completed at least 4,000 hours working | ||
under the [ |
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as a plumber's apprentice; | ||
(B) has passed the required examination; | ||
(C) constructs and installs plumbing for | ||
one-family or two-family dwellings under general [ |
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[ |
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(D) has fulfilled the other requirements of the | ||
commission [ |
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(11) "Water supply protection specialist" means a | ||
person who holds an endorsement issued by the department [ |
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engage in: | ||
(A) customer service inspections, as defined by | ||
rule of the Texas Commission on Environmental Quality; and | ||
(B) the installation, service, and repair of | ||
plumbing associated with the treatment, use, and distribution use | ||
of rainwater to supply a plumbing fixture or appliance. | ||
SECTION 2. Sections 1301.056 and 1301.057, Occupations | ||
Code, are amended to read as follows: | ||
Sec. 1301.056. LAWN IRRIGATION SYSTEMS. A person licensed | ||
by the department under this chapter [ |
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licensed by another board or agency to install or work on a lawn | ||
irrigation system. | ||
Sec. 1301.057. SELF-HELP PROJECT. (a) A person is not | ||
required to be licensed under this chapter to perform plumbing, | ||
limited to the provision of a residential potable water supply or | ||
residential sanitary sewer connection, for a project that: | ||
(1) is in a county a part of which is within 50 miles of | ||
an international border; and | ||
(2) is performed by an organization that: | ||
(A) is certified by the Texas [ |
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self-help project assistance; and | ||
(B) provides the department [ |
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following information before the 30th day before the date the | ||
project begins: | ||
(i) the exact location of the project; | ||
(ii) the intended duration of the project; | ||
and | ||
(iii) other information the department | ||
[ |
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(b) The department [ |
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(a)(2)(B)(iii) that the organization provide a post-construction | ||
report signed by a plumbing inspector stating that the plumbing is | ||
safe. | ||
(c) The department [ |
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organization that provides self-help project assistance under this | ||
section. | ||
SECTION 3. The heading to Subchapter C, Chapter 1301, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER C. TEXAS [ |
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[ |
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SECTION 4. Section 1301.151, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.151. TEXAS [ |
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BOARD [ |
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Plumbing Advisory Board [ |
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appointed by the presiding officer of the commission, with | ||
commission approval, [ |
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(1) one member who has at least 10 years' practical | ||
experience and is licensed as a master plumber; | ||
(2) one member who has at least five years' practical | ||
experience and is licensed as a journeyman plumber; | ||
(3) one member who has at least five years' practical | ||
experience and is licensed as a plumbing inspector; | ||
(4) one member who is [ |
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(5) one member who is a licensed engineer practicing | ||
in the field of plumbing engineering; | ||
(6) two members who are building contractors with at | ||
least five years' contracting experience, one of whom is | ||
principally engaged in home building and one of whom is principally | ||
engaged in commercial building; [ |
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(7) one member who is a licensed plumber; and | ||
(8) one member [ |
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[ |
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(b) Each member of the advisory board must be a United | ||
States citizen. | ||
(c) Appointments to the advisory board shall be made without | ||
regard to the race, color, disability, sex, religion, age, or | ||
national origin of the appointee. | ||
(d) Chapter 2110, Government Code, does not apply to the | ||
composition or duration of the advisory board or to the appointment | ||
of the advisory board's presiding officer. | ||
SECTION 5. Section 1301.152, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.152. ELIGIBILITY OF PUBLIC MEMBER [ |
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person is not eligible for appointment as a public member of the | ||
advisory board if the person or the person's spouse: | ||
(1) is licensed by an occupational regulatory agency | ||
in the building construction industry; | ||
(2) is employed by or participates in the management | ||
of an agency or business entity related to the building | ||
construction industry; or | ||
(3) has, other than as a consumer, a financial | ||
interest in a business entity related to the building construction | ||
industry. | ||
SECTION 6. Section 1301.154, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.154. TERMS. Advisory board [ |
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staggered six-year terms. | ||
SECTION 7. Section 1301.157, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.157. OFFICER [ |
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officer of the commission [ |
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the advisory board as the presiding officer of the board to serve in | ||
that capacity at the pleasure of the presiding officer of the | ||
commission [ |
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[ |
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SECTION 8. Section 1301.158, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.158. COMPENSATION [ |
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advisory [ |
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SECTION 9. Subchapter C, Chapter 1301, Occupations Code, is | ||
amended by adding Section 1301.160 to read as follows: | ||
Sec. 1301.160. DUTIES OF ADVISORY BOARD. The advisory | ||
board shall provide advice and recommendations to the department on | ||
technical matters relevant to the administration and enforcement of | ||
this chapter, including examinations, licensing qualifications, | ||
plumbing code requirements, and continuing education requirements. | ||
SECTION 10. The heading to Subchapter D, Chapter 1301, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER D. DEPARTMENT [ |
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PERSONNEL | ||
SECTION 11. Section 1301.202, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.202. CERTAIN PLUMBING EXAMINERS [ |
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If an examination required for the issuance of a license, | ||
endorsement, or certificate of registration under this chapter | ||
contains a practical component, the department [ |
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employ or contract with one or more plumbing examiners to | ||
administer that portion of the examination. [ |
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(1) hold a license as a plumber issued under this | ||
chapter; and | ||
(2) be knowledgeable of this chapter and municipal | ||
ordinances relating to plumbing[ |
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[ |
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(b) A plumbing examiner shall: | ||
(1) examine the fitness and qualifications of a person | ||
applying to the department [ |
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plumber, journeyman plumber, tradesman plumber-limited license | ||
holder, or plumbing inspector; and | ||
(2) promptly certify the result of the examination to | ||
the department [ |
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SECTION 12. Section 1301.203, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.203. FIELD REPRESENTATIVE; INSPECTIONS. (a) The | ||
department [ |
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department [ |
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under this chapter. A field representative must[ |
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ordinances relating to plumbing[ |
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(b) A field representative may: | ||
(1) conduct on-site license checks to determine | ||
compliance with this chapter; | ||
(2) investigate consumer complaints [ |
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(3) assist municipal plumbing inspectors in enforcing | ||
this chapter[ |
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SECTION 13. The heading to Subchapter E, Chapter 1301, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER E. [ |
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SECTION 14. Sections 1301.251 and 1301.253, Occupations | ||
Code, are amended to read as follows: | ||
Sec. 1301.251. GENERAL DUTIES [ |
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director or commission, as appropriate, [ |
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(1) administer this chapter; and | ||
(2) adopt and enforce rules necessary to administer | ||
this chapter, including requirements for the issuance and renewal | ||
of a license, endorsement, or certificate of registration under | ||
this chapter[ |
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[ |
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Sec. 1301.253. FEES. The commission [ |
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under this chapter in amounts that are reasonable and necessary to | ||
cover the cost of administering this chapter. | ||
SECTION 15. Sections 1301.255(a), (b), (c), and (d), | ||
Occupations Code, are amended to read as follows: | ||
(a) The commission [ |
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plumbing codes, as those codes existed on May 31, 2001: | ||
(1) the Uniform Plumbing Code, as published by the | ||
International Association of Plumbing and Mechanical Officials; | ||
and | ||
(2) the International Plumbing Code, as published by | ||
the International Code Council. | ||
(b) The commission [ |
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of the plumbing codes listed in Subsection (a). | ||
(c) Plumbing installed in an area not otherwise subject to | ||
regulation under this chapter by a person licensed under this | ||
chapter must be installed in accordance with a plumbing code | ||
adopted by the commission [ |
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(d) In adopting a code for the design, installation, and | ||
maintenance of a plumbing system under this section, a municipality | ||
or an owner of a public water system may amend any provisions of the | ||
code to conform to local concerns that do not substantially vary | ||
from commission [ |
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SECTION 16. Section 1301.262, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.262. CODES [ |
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(a) The commission [ |
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conduct for licensed plumbing inspectors. The code of conduct | ||
shall require a plumbing inspector to enforce this chapter and | ||
commission [ |
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(b) The commission by rule may establish standards of | ||
conduct for a holder of a license, endorsement, or certificate of | ||
registration issued under this chapter. | ||
SECTION 17. 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 department shall recognize, prepare, administer, or arrange for | ||
the administration of an examination required by this chapter. | ||
(b) The department shall determine the minimum requirements | ||
and passing score for an examination required by this chapter. | ||
(c) If an examination required by this chapter contains a | ||
practical component, the practical component must be administered | ||
by a plumbing examiner as provided by Section 1301.202. | ||
SECTION 18. The heading to Subchapter F, Chapter 1301, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER F. PRACTICE BY LICENSE HOLDER [ |
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SECTION 19. Section 1301.302, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A | ||
written proposal, invoice, or contract relating to plumbing | ||
services performed by or under the direction of a plumber licensed | ||
under this chapter must contain the name and license number of the | ||
plumbing contractor [ |
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mailing address, and telephone number of the department [ |
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The person who performed the services shall give the customer an | ||
invoice or completed contract document on completion of the job, | ||
regardless of whether the person charged a fee for performing the | ||
services. | ||
SECTION 20. Subchapter F, Chapter 1301, Occupations Code, | ||
is amended by adding Section 1301.305 to read as follows: | ||
Sec. 1301.305. SUPERVISION RULES; RESPONSIBILITY FOR | ||
PLUMBING WORK. (a) The commission by rule shall: | ||
(1) require that, for each task involved in plumbing, | ||
a master plumber: | ||
(A) perform the task; or | ||
(B) provide general or direct supervision of a | ||
less experienced plumber who performs the task; | ||
(2) require that each plumber's apprentice and | ||
tradesman plumber-limited license holder perform plumbing under | ||
the direct or general supervision of a more experienced plumber; | ||
(3) specify the plumbing tasks that a plumber's | ||
apprentice or tradesman plumber-limited license holder must | ||
perform under direct supervision and the plumbing tasks a plumber's | ||
apprentice or tradesman plumber-limited license holder must | ||
perform under general supervision; | ||
(4) specify the amount of classroom training meeting | ||
the requirements of Subsection (b), practical plumbing experience, | ||
or a combination of that training and experience necessary to: | ||
(A) exempt a plumber from the direct supervision | ||
requirements under this section; and | ||
(B) permit the plumber to perform the plumbing | ||
under general supervision; | ||
(5) require a plumber, other than a master plumber, to | ||
document the plumber's: | ||
(A) classroom training that meets the | ||
requirements of Subsection (b); and | ||
(B) practical plumbing experience; and | ||
(6) require the plumbing contractor, and supervising | ||
plumber, if any, to assume responsibility for plumbing performed, | ||
including the quality of the plumbing and the supervision of less | ||
experienced plumbers. | ||
(b) Notwithstanding the minimum requirements for a | ||
continuing education program or instructor established under this | ||
chapter, the commission by rule shall establish minimum | ||
requirements for classroom training, other than a continuing | ||
education program under this chapter, that, if successfully | ||
completed and documented by a plumber, the department shall credit | ||
toward: | ||
(1) the necessary classroom training required to: | ||
(A) exempt the plumber from the direct | ||
supervision requirements under this section; and | ||
(B) permit the plumber to perform specified | ||
plumbing tasks under general supervision; | ||
(2) the continuing education required under this | ||
chapter to renew a license, endorsement, or certificate of | ||
registration, as applicable to the plumber; and | ||
(3) the eligibility requirements for a license under | ||
this chapter, as applicable to the plumber. | ||
SECTION 21. Sections 1301.351(a), (a-1), and (c), | ||
Occupations Code, are amended to read as follows: | ||
(a) A person[ |
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not perform or offer to perform [ |
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compensation unless: | ||
(1) the person holds: | ||
(A) a plumbing contractor license; and | ||
(B) the proper license, endorsement, or | ||
certificate of registration[ |
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chapter to perform or supervise the performance of plumbing; [ |
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(2) the person: | ||
(A) is employed by a plumbing contractor; | ||
(B) performs or supervises the plumbing on behalf | ||
of the plumbing contractor; and | ||
(C) holds the proper license, endorsement, or | ||
certificate of registration required by this chapter; or | ||
(3) the person offers to perform plumbing and | ||
contracts with a plumbing contractor for the performance of the | ||
plumbing [ |
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(a-1) A person may not act as a plumbing contractor | ||
[ |
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appropriate license and meets the applicable requirements [ |
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(c) A plumbing contractor [ |
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supervising and controlling [ |
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person engaged in the business of plumbing in the construction of a | ||
new one-family or two-family dwelling in an unincorporated area of | ||
the state must have training and management responsibility for, and | ||
shall review and inspect, the person's work. The plumbing | ||
contractor [ |
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or uninterrupted on-the-job oversight of the person's work. | ||
SECTION 22. 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 department shall require that an | ||
applicant for a license submit a complete and legible set of | ||
fingerprints, on a form prescribed by the executive director, to | ||
the department 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 department may not issue a license to a person who | ||
does not comply with the requirement of Subsection (a). | ||
(c) The department 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 department 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 23. Section 1301.352, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.352. EXAMINATION REQUIRED. The department | ||
[ |
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journeyman plumber, plumbing inspector, tradesman plumber-limited | ||
license holder, medical gas piping installation endorsement | ||
holder, water supply protection specialist, or multipurpose | ||
residential fire protection sprinkler specialist to a person who | ||
demonstrates the fitness, competence, and qualifications to | ||
receive the license or endorsement by passing a uniform, reasonable | ||
examination. | ||
SECTION 24. Section 1301.3522, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.3522. EXAMINATION REVIEW COURSE. (a) The | ||
department [ |
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Spanish to assist license applicants in preparation for each | ||
license examination offered by the department [ |
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department [ |
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[ |
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review course. | ||
(b) The department [ |
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training materials to private course providers for a fee determined | ||
by the commission [ |
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SECTION 25. Section 1301.353, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.353. INSPECTOR CONFLICTS PROHIBITED. The | ||
department [ |
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person who has a financial or advisory interest in a plumbing | ||
company. | ||
SECTION 26. Sections 1301.354(b), (b-1), (c), (c-1), and | ||
(d), Occupations Code, are amended to read as follows: | ||
(b) A person who has worked as a plumber's apprentice for a | ||
period established by law or commission [ |
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take an examination for a license as a journeyman plumber or | ||
tradesman plumber-limited license holder. Before the applicant may | ||
take the examination, the applicant must complete classroom | ||
training provided by a department-approved [ |
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instructor in a department-approved [ |
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program in the areas of health and safety, applicable plumbing | ||
codes, and water conservation for at least: | ||
(1) 24 hours if the applicant is applying to take a | ||
tradesman plumber-limited license holder examination; or | ||
(2) 48 hours if the applicant is applying to take a | ||
journeyman plumber examination. | ||
(b-1) At the applicant's request, the department [ |
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may credit an applicant under Subsection (b) with a number of hours | ||
determined by commission [ |
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of work experience required to take an examination if the applicant | ||
has received an associate of applied science degree from a plumbing | ||
technology program that: | ||
(1) includes a combination of classroom and on-the-job | ||
training; and | ||
(2) is approved by the department [ |
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Texas Higher Education Coordinating Board. | ||
(c) At the applicant's request, the department [ |
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credit an applicant under Subsection (b) with up to 1,000 hours of | ||
the work experience required before taking an examination if the | ||
applicant has completed the classroom portion of a training | ||
program: | ||
(1) approved by the United States Department of Labor, | ||
Office of Apprenticeship; or | ||
(2) provided by a person approved by the department | ||
[ |
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[ |
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(c-1) At the applicant's request, the department [ |
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may credit an applicant under Subsection (b) with up to 250 hours of | ||
the work experience required before taking an examination if the | ||
applicant has completed a coherent sequence of courses in the | ||
construction trade that are offered through a career and technical | ||
education program that is approved by the State Board of Education. | ||
(d) Notwithstanding the classroom training required by | ||
Subsection (b), a plumber's apprentice may apply for and take an | ||
examination for a license as a journeyman plumber or tradesman | ||
plumber-limited license holder if the apprentice has received an | ||
associate of applied science degree from a plumbing technology | ||
program that: | ||
(1) includes a combination of classroom and on-the-job | ||
training; and | ||
(2) is approved by the department [ |
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Texas Higher Education Coordinating Board. | ||
SECTION 27. Section 1301.3541, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.3541. APPRENTICE REGISTRATION REQUIREMENTS. The | ||
commission [ |
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plumber's apprentices, including training and education | ||
requirements. | ||
SECTION 28. Sections 1301.356(d) and (e), Occupations Code, | ||
are amended to read as follows: | ||
(d) An endorsement under this section coincides with rules | ||
adopted by the executive commissioner of the Health and Human | ||
Services Commission [ |
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(e) A plumbing inspector who meets the requirements of the | ||
commission [ |
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medical gas piping installations. | ||
SECTION 29. Sections 1301.3565(b) and (f), Occupations | ||
Code, are amended to read as follows: | ||
(b) The department [ |
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multipurpose residential fire protection sprinkler specialist to a | ||
person who: | ||
(1) holds the license described by Subsection (a); | ||
(2) applies to the department [ |
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prescribed by the department [ |
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(3) pays a fee set by the commission [ |
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(4) presents evidence satisfactory to the department | ||
[ |
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the department [ |
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proper design and installation of a multipurpose residential fire | ||
protection sprinkler system as required by the applicable codes and | ||
standards recognized by the state; and | ||
(5) passes an examination required by the department | ||
[ |
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(f) A plumbing inspector who meets the requirements of the | ||
commission [ |
||
protection sprinkler installation. | ||
SECTION 30. Section 1301.357(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The department [ |
||
water supply protection specialist to a person who: | ||
(1) is licensed under this chapter as a master plumber | ||
or journeyman plumber; | ||
(2) applies to the department [ |
||
prescribed by the department [ |
||
(3) pays a fee set by the commission [ |
||
(4) presents evidence satisfactory to the department | ||
[ |
||
approved by the department [ |
||
specialists; and | ||
(5) passes an examination required by the department | ||
[ |
||
SECTION 31. Section 1301.3575, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.3575. REGISTRATION OF PLUMBER'S APPRENTICES | ||
[ |
||
who complies with this chapter as a [ |
||
|
||
|
||
SECTION 32. Section 1301.3576, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.3576. CERTIFICATE OF INSURANCE [ |
||
PLUMBING CONTRACTOR [ |
||
plumbing contractor offers or performs plumbing [ |
||
|
||
[ |
||
[ |
||
certificate of insurance that meets the requirements of Section | ||
1301.552[ |
||
[ |
||
|
||
|
||
|
||
SECTION 33. Subchapter G, Chapter 1301, Occupations Code, | ||
is amended by adding Sections 1301.3581 and 1301.360 to read as | ||
follows: | ||
Sec. 1301.3581. RECIPROCITY. (a) The commission or | ||
department may waive any prerequisite to obtaining a license, | ||
endorsement, or certificate of registration issued under this | ||
chapter for an applicant who holds a similar license, endorsement, | ||
or certificate issued by another jurisdiction. | ||
(b) The commission 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, | ||
endorsement, or certificate 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 department with documents and other | ||
evidence that substantiate the applicant's qualifications. | ||
(d) An applicant for a license, endorsement, or certificate | ||
of registration issued under this section may not be required to | ||
undergo an examination to obtain the license, endorsement, or | ||
certificate if the applicant has held an equivalent license, | ||
endorsement, or certificate in another jurisdiction for at least | ||
two years. The department in accordance with commission rules may | ||
determine whether a license, endorsement, or certificate issued by | ||
another jurisdiction is equivalent to a license, endorsement, or | ||
certificate issued under this chapter. | ||
Sec. 1301.360. TEMPORARY LICENSE. (a) The department may | ||
issue a temporary license, endorsement, or certificate of | ||
registration to an applicant as provided by Section 51.407. | ||
(b) Notwithstanding Section 51.407, a temporary license | ||
issued under this section expires on the 30th day after the date of | ||
issuance and may not be renewed. | ||
SECTION 34. Section 1301.401, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.401. [ |
||
certificate of registration under this chapter is valid for one or | ||
two years as determined by commission rule [ |
||
the required fee, a license may be renewed [ |
||
(b) The commission [ |
||
requirements for renewing a license, endorsement, or certificate of | ||
registration under this chapter and may adopt a system under which | ||
licenses, endorsements, and certificates of registration | ||
[ |
||
(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. Any | ||
continuing education requirement established by rule and | ||
applicable to an endorsement issued under this chapter must be | ||
completed before the endorsement holder may renew the endorsement. | ||
SECTION 35. Sections 1301.404(a), (c), (d), (e), and (f), | ||
Occupations Code, are amended to read as follows: | ||
(a) The commission by rule [ |
||
(1) minimum curriculum standards for [ |
||
|
||
for persons who hold a license [ |
||
[ |
||
(2) minimum qualifications for an instructor of the | ||
continuing education programs and courses described by Subdivision | ||
(1). | ||
(c) The department shall approve: | ||
(1) a program or course that meets the minimum | ||
curriculum standards established by the commission under | ||
Subsection (a); and | ||
(2) an instructor who meets the minimum qualifications | ||
established by the commission under Subsection (a) [ |
||
|
||
|
||
(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 department [ |
||
[ |
||
|
||
[ |
||
(e) A person may complete the continuing professional | ||
education requirement of this section through a correspondence | ||
course as approved by the department [ |
||
(f) The commission [ |
||
persons from the requirements of this section if the commission | ||
[ |
||
SECTION 36. Section 1301.405, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.405. [ |
||
APPRENTICE [ |
||
|
||
establish continuing education requirements for persons [ |
||
|
||
certificate of registration under this chapter as a plumber's | ||
apprentice [ |
||
|
||
|
||
|
||
|
||
[ |
||
|
||
[ |
||
[ |
||
[ |
||
|
||
|
||
SECTION 37. Sections 1301.406(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) On approval by the department [ |
||
holds an unexpired license under this chapter and whose license has | ||
been held continuously for at least 35 consecutive years may | ||
transfer the license number on the date of the person's retirement | ||
or death to another person who: | ||
(1) is related within the second degree by | ||
consanguinity to the transferor; and | ||
(2) holds a license issued under this chapter that is | ||
the same type of license as the license held by the transferor. | ||
(c) The department [ |
||
to a person who submits an application and presents evidence | ||
satisfactory to the department [ |
||
(1) the person meets the requirements under | ||
Subsections (a)(1) and (a)(2); and | ||
(2) the transferor is retired or dead. | ||
SECTION 38. The heading to Subchapter I, Chapter 1301, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER I. DISCIPLINARY ACTION [ |
||
SECTION 39. Section 1301.452, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.452. GROUNDS FOR DISCIPLINARY ACTION. The | ||
commission, department, or executive director may enforce this | ||
chapter, a rule adopted under this chapter, or an order of the | ||
commission or executive director as provided by Chapter 51 [ |
||
|
||
|
||
|
||
(1) attempting to obtain or obtaining a license, | ||
endorsement, or registration through [ |
||
(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; [ |
||
(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 certificate of registration is | ||
required under this chapter; | ||
(6) performing plumbing without holding the proper | ||
license, endorsement, or certificate of registration required by | ||
this chapter; | ||
(7) offering to perform or performing plumbing for | ||
compensation without holding a plumbing contractor license or | ||
acting on behalf of a plumbing contractor, or contracting with a | ||
plumbing contractor to perform the offered plumbing; | ||
(8) performing plumbing in violation of a plumbing | ||
code adopted under Section 1301.255; or | ||
(9) failing to supervise plumbing as required by this | ||
chapter or commission rule. | ||
[ |
||
|
||
|
||
|
||
SECTION 40. Section 1301.501(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The commission [ |
||
section that include a list describing the types of plumbing to | ||
which this section applies. | ||
SECTION 41. Section 1301.502(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A [ |
||
inspector[ |
||
municipal plumbing inspector may issue a citation to a person who | ||
engages in conduct described by Section 1301.508. | ||
SECTION 42. Sections 1301.507 and 1301.5071, Occupations | ||
Code, are amended to read as follows: | ||
Sec. 1301.507. CIVIL PENALTY. A person who violates this | ||
chapter or a rule, permit, or order of the commission issued under | ||
this chapter [ |
||
$50 or more than $1,000 for each act of violation and for each day of | ||
violation after notice is provided to the person. | ||
Sec. 1301.5071. INFORMAL SETTLEMENT CONFERENCE; | ||
RESTITUTION. (a) The commission [ |
||
procedures under which an informal settlement conference is | ||
conducted to resolve a complaint against a person licensed under | ||
this chapter. | ||
(b) Subject to Subsection (c), the executive director | ||
[ |
||
restitution to a person as provided in an agreement resulting from | ||
an informal settlement conference instead of or in addition to | ||
assessing an administrative penalty [ |
||
(c) The amount of restitution ordered as provided by an | ||
agreement resulting from an informal settlement conference may not | ||
exceed the amount the person paid to the license holder for a | ||
service regulated by this chapter. The executive director [ |
||
may not require payment of other damages or estimate harm in a | ||
restitution order. | ||
SECTION 43. Section 1301.551(g), Occupations Code, is | ||
amended to read as follows: | ||
(g) A [ |
||
or other person who is required to obtain a permit under this | ||
section is not required to pay a plumbing registration fee or | ||
administrative fee in a municipality or any other political | ||
subdivision. | ||
SECTION 44. Section 1301.552, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT | ||
IN POLITICAL SUBDIVISION. A political subdivision that requires a | ||
plumbing contractor [ |
||
plumbing contractor [ |
||
before performing plumbing in the political subdivision shall | ||
verify through the department's [ |
||
contacting the department [ |
||
contractor [ |
||
department [ |
||
insurance must: | ||
(1) be written by an insurer authorized to engage in | ||
the business of insurance in this state or an eligible surplus lines | ||
insurer under Chapter 981 [ |
||
Insurance Code; | ||
(2) provide for commercial general liability | ||
insurance for the plumbing contractor [ |
||
for a claim for property damage or bodily injury, regardless of | ||
whether the claim arises from negligence or on a contract; and | ||
(3) provide coverage of not less than $300,000 for all | ||
claims arising in a one-year period. | ||
SECTION 45. Sections 1301.652(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(a) The department [ |
||
Commission shall, through the local workforce development boards, | ||
coordinate efforts to educate the public about the plumbing | ||
profession and the resources available to employers for the | ||
recruitment and training of plumbers, including providing: | ||
(1) each local workforce development board with: | ||
(A) information about the licensing requirements | ||
for the plumbing profession; and | ||
(B) available statistical data regarding | ||
plumbing; and | ||
(2) a link to each agency's Internet site and to the | ||
Internet sites of other local workforce development boards. | ||
(b) The department [ |
||
awareness seminars, raise awareness of the career ladder in the | ||
plumbing industry and the opportunities that plumbing | ||
apprenticeships offer. | ||
SECTION 46. Section 132.002(a), Education Code, is amended | ||
to read as follows: | ||
(a) The following schools or educational institutions may | ||
be exempted from this chapter by the commission under Subsection | ||
(d): | ||
(1) a school or educational institution supported by | ||
taxation from either a local or state source; | ||
(2) a nonprofit school owned, controlled, operated, | ||
and conducted by a bona fide religious, denominational, | ||
eleemosynary, or similar public institution exempt from property | ||
taxation under the laws of this state; | ||
(3) a school or training program that offers | ||
instruction of purely avocational or recreational subjects as | ||
determined by the commission; | ||
(4) a course or courses of instruction or study | ||
sponsored by an employer for the training and preparation of its own | ||
employees, and for which no tuition fee is charged to the student; | ||
(5) a course or courses of study or instruction | ||
sponsored by a recognized trade, business, or professional | ||
organization for the instruction of the members of the organization | ||
with a closed membership; | ||
(6) a private college or university that awards a | ||
recognized baccalaureate, or higher degree, and that maintains and | ||
operates educational programs for which a majority of the credits | ||
given are transferable to a college, junior college, or university | ||
supported entirely or partly by taxation from either a local or | ||
state source; | ||
(7) a school or course that is otherwise regulated and | ||
approved under and pursuant to any other law or rulemaking process | ||
of this state or approved for continuing education credit by an | ||
organization that accredits courses for the maintenance of a | ||
license, except as provided by Subsection (c); | ||
(8) an aviation school or instructor approved by and | ||
under the supervision of the Federal Aviation Administration; | ||
(9) a school that offers intensive review of a | ||
student's acquired education, training, or experience to prepare | ||
the student for an examination, other than a high school | ||
equivalency examination, that the student by law may not take | ||
unless the student has completed or substantially completed a | ||
particular degree program, or that the student is required to take | ||
as a precondition for enrollment in or admission to a particular | ||
degree program; | ||
(10) a private school offering primary or secondary | ||
education, which may include a kindergarten or prekindergarten | ||
program, and that satisfies the compulsory attendance requirements | ||
of Section 25.085 pursuant to Section 25.086(a)(1); | ||
(11) a course or courses of instruction by bona fide | ||
electrical trade associations for the purpose of preparing students | ||
for electrical tests required for licensing and for the purpose of | ||
providing continuing education to students for the renewal of | ||
electrical licenses; | ||
(12) a nonprofit arts organization that has as its | ||
primary purpose the provision of instruction in the dramatic arts | ||
and the communications media to persons younger than 19 years of | ||
age; | ||
(13) a course or training program conducted by a | ||
nonprofit association of air conditioning and refrigeration | ||
contractors approved by the Air Conditioning and Refrigeration | ||
Contractors Advisory Board to provide instruction for technical, | ||
business, or license examination preparation programs relating to | ||
air conditioning and refrigeration contracting, as that term is | ||
defined by Chapter 1302, Occupations Code; | ||
(14) a course of instruction by a plumbing trade | ||
association to prepare students for a plumbing test or program | ||
required for licensing, registration [ |
||
endorsement or to provide continuing education approved by the | ||
Texas Department of Licensing and Regulation [ |
||
|
||
(15) a course of instruction in the use of | ||
technological hardware or software if the course is offered to a | ||
purchaser of the hardware or software or to the purchaser's | ||
employee by a person who manufactures and sells, or develops and | ||
sells, the hardware or software, and if the seller is not primarily | ||
in the business of providing courses of instruction in the use of | ||
the hardware or software, as determined by the commission. | ||
SECTION 47. Section 411.122(d), Government Code, is amended | ||
to read as follows: | ||
(d) The following state agencies are subject to this | ||
section: | ||
(1) Texas Appraiser Licensing and Certification | ||
Board; | ||
(2) Texas Board of Architectural Examiners; | ||
(3) Texas Board of Chiropractic Examiners; | ||
(4) State Board of Dental Examiners; | ||
(5) Texas Board of Professional Engineers; | ||
(6) Texas Funeral Service Commission; | ||
(7) Texas Board of Professional Geoscientists; | ||
(8) Health and Human Services Commission [ |
||
|
||
and agencies attached to the commission [ |
||
(A) Texas State Board of Examiners of Marriage | ||
and Family Therapists; | ||
(B) Texas State Board of Examiners of | ||
Professional Counselors; and | ||
(C) Texas State Board of Social Worker Examiners; | ||
(9) Texas Board of Professional Land Surveying; | ||
(10) Texas Department of Licensing and Regulation, | ||
except as provided by Section 411.093; | ||
(11) Texas Commission on Environmental Quality; | ||
(12) Texas Board of Occupational Therapy Examiners; | ||
(13) Texas Optometry Board; | ||
(14) Texas State Board of Pharmacy; | ||
(15) Texas Board of Physical Therapy Examiners; | ||
(16) [ |
||
[ |
||
|
||
[ |
||
Psychologists; | ||
(17) [ |
||
(18) [ |
||
(19) [ |
||
Examiners; | ||
(20) [ |
||
Affairs; | ||
(21) [ |
||
(22) [ |
||
(23) [ |
||
(24) [ |
||
(25) [ |
||
SECTION 48. Section 2054.352(a), Government Code, is | ||
amended to read as follows: | ||
(a) The following licensing entities shall participate in | ||
the system established under Section 2054.353: | ||
(1) Texas Board of Chiropractic Examiners; | ||
(2) Judicial Branch Certification Commission; | ||
(3) State Board of Dental Examiners; | ||
(4) Texas Funeral Service Commission; | ||
(5) Texas Board of Professional Land Surveying; | ||
(6) Texas Medical Board; | ||
(7) Texas Board of Nursing; | ||
(8) Texas Optometry Board; | ||
(9) Department of Agriculture, for licenses issued | ||
under Chapter 1951, Occupations Code; | ||
(10) Texas State Board of Pharmacy; | ||
(11) Executive Council of Physical Therapy and | ||
Occupational Therapy Examiners; | ||
(12) [ |
||
[ |
||
|
||
[ |
||
Psychologists; | ||
(13) [ |
||
Examiners; | ||
(14) [ |
||
(15) [ |
||
Certification Board; | ||
(16) [ |
||
Regulation; | ||
(17) [ |
||
(18) [ |
||
(19) [ |
||
(20) Health and Human Services Commission | ||
[ |
||
(21) [ |
||
(22) [ |
||
(23) [ |
||
(24) [ |
||
SECTION 49. Sections 341.034(d) and (e), Health and Safety | ||
Code, are amended to read as follows: | ||
(d) A person who inspects homes and businesses to identify | ||
potential or actual cross-connections or other contaminant hazards | ||
in public water systems must hold a license issued by the commission | ||
under Chapter 37, Water Code, unless the person is licensed by the | ||
Texas Department of Licensing and Regulation [ |
||
|
||
protection specialist. | ||
(e) Unless the person is licensed by the Texas Department of | ||
Licensing and Regulation to perform plumbing [ |
||
|
||
commission under Chapter 37, Water Code, if, under a contract, the | ||
person: | ||
(1) installs, exchanges, connects, maintains, or | ||
services potable water treatment equipment and appliances in public | ||
or private water systems; or | ||
(2) analyzes water to determine how to treat influent | ||
or effluent water, alter or purify water, or add or remove a | ||
mineral, chemical, or bacterial content or substance as part of the | ||
complete installation, exchange, connection, maintenance, or | ||
service of potable water treatment equipment and appliances. | ||
SECTION 50. Section 341.042(b-2), Health and Safety Code, | ||
is amended to read as follows: | ||
(b-2) A person who installs and maintains rainwater | ||
harvesting systems that are connected to a public water supply | ||
system and are used for potable purposes must be licensed by the | ||
Texas Department of Licensing and Regulation [ |
||
|
||
hold an endorsement issued by the department [ |
||
supply protection specialist. | ||
SECTION 51. Section 341.068(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The executive commissioner shall adopt rules to | ||
implement Subsection (a), including a rule that in providing | ||
sufficient restrooms a ratio of not less than 2:1 women's-to-men's | ||
restrooms or other minimum standards established in consultation | ||
with the Texas Department of Licensing and Regulation [ |
||
|
||
restrooms is designated by gender. The rules shall apply to | ||
facilities where the public congregates and on which construction | ||
is started on or after January 1, 1994, or on which structural | ||
alterations, repairs, or improvements exceeding 50 percent of the | ||
entire facility are undertaken on or after January 1, 1994. | ||
SECTION 52. Section 372.003(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) Rules adopted or amended under this section shall be | ||
developed by the commission in conjunction with a technical | ||
advisory panel of designated representatives of the Texas Water | ||
Development Board and the Texas [ |
||
Board established under Subchapter C, Chapter 1301, Occupations | ||
Code [ |
||
SECTION 53. Sections 372.0035(f) and (h), Health and Safety | ||
Code, are amended to read as follows: | ||
(f) If a person licensed under Chapter 1301, Occupations | ||
Code, violates this section, the Texas Department of Licensing and | ||
Regulation [ |
||
person [ |
||
this section were a violation of Chapter 1301, Occupations Code | ||
[ |
||
(h) Within [ |
||
|
||
municipality, a municipal plumbing inspector may issue a citation | ||
to a person who violates this section. | ||
SECTION 54. Section 233.154(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A person who builds new residential construction | ||
described by Section 233.153 shall have the construction inspected | ||
to ensure building code compliance in accordance with this section | ||
as follows: | ||
(1) for new residential construction on a vacant lot, | ||
a minimum of three inspections must be performed during the | ||
construction project to ensure code compliance, as applicable, at | ||
the following stages of construction: | ||
(A) the foundation stage, before the placement of | ||
concrete; | ||
(B) the framing and mechanical systems stage, | ||
before covering with drywall or other interior wall covering; and | ||
(C) on completion of construction of the | ||
residence; | ||
(2) for new residential construction of an addition to | ||
an existing residence as described by Section 233.151(a)(2), the | ||
inspections under Subdivision (1) must be performed as necessary | ||
based on the scope of work of the construction project; and | ||
(3) for new residential construction on a vacant lot | ||
and for construction of an addition to an existing residence, the | ||
builder: | ||
(A) is responsible for contracting to perform the | ||
inspections required by this subsection with: | ||
(i) a licensed engineer; | ||
(ii) a registered architect; | ||
(iii) a professional inspector licensed by | ||
the Texas Real Estate Commission; | ||
(iv) a plumbing inspector employed by a | ||
municipality and licensed by the Texas Department of Licensing and | ||
Regulation [ |
||
(v) a building inspector employed by a | ||
political subdivision; or | ||
(vi) an individual certified as a | ||
residential combination inspector by the International Code | ||
Council; and | ||
(B) may use the same inspector for all the | ||
required inspections or a different inspector for each required | ||
inspection. | ||
SECTION 55. Section 113.081(d), Natural Resources Code, is | ||
amended to read as follows: | ||
(d) The commission by rule may exempt from Section | ||
113.082(a)(4) [ |
||
by the Texas Department of Licensing and Regulation [ |
||
|
||
SECTION 56. Section 113.087(o), Natural Resources Code, is | ||
amended to read as follows: | ||
(o) The commission by rule may exempt from any provision of | ||
this section: | ||
(1) a journeyman or master plumber licensed by the | ||
Texas Department of Licensing and Regulation [ |
||
|
||
(2) a person licensed under Chapter 1302, Occupations | ||
Code; or | ||
(3) company representatives, operations supervisors, | ||
or employees of a testing laboratory that was registered under | ||
former Section 113.135 prior to the effective date of this | ||
subsection. | ||
SECTION 57. Section 113.097(j), Natural Resources Code, is | ||
amended to read as follows: | ||
(j) The commission by rule may exempt from the insurance | ||
requirements of this section or adopt a reasonable alternative to | ||
those requirements for: | ||
(1) a master or journeyman plumber licensed by the | ||
Texas Department of Licensing and Regulation [ |
||
|
||
(2) a person licensed under Chapter 1302, Occupations | ||
Code. | ||
SECTION 58. Section 1903.002(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The licensing requirements of this chapter do not apply | ||
to a person who is: | ||
(1) licensed, endorsed, or registered by the Texas | ||
Department of Licensing and Regulation to perform plumbing [ |
||
|
||
(2) a licensed engineer, registered architect, or | ||
registered landscape architect to the extent the person's acts are | ||
incidental to the pursuit of the person's profession. | ||
SECTION 59. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 51.351(c) and (d); | ||
(2) Section 1301.002(9-a); | ||
(3) Section 1301.003; | ||
(4) Section 1301.153; | ||
(5) Section 1301.155; | ||
(6) Section 1301.156; | ||
(7) Section 1301.159; | ||
(8) Section 1301.201; | ||
(9) Section 1301.204; | ||
(10) Section 1301.205; | ||
(11) Section 1301.207; | ||
(12) Section 1301.208; | ||
(13) Section 1301.252; | ||
(14) Section 1301.254; | ||
(15) Section 1301.256; | ||
(16) Section 1301.258, as added by Chapter 1276 (H.B. | ||
3507), Acts of the 78th Legislature, Regular Session, 2003; | ||
(17) Section 1301.258, as added by Chapter 819 (S.B. | ||
282), Acts of the 78th Legislature, Regular Session, 2003; | ||
(18) Section 1301.259; | ||
(19) Section 1301.260; | ||
(20) Section 1301.261; | ||
(21) Section 1301.301; | ||
(22) Section 1301.3015; | ||
(23) Section 1301.303; | ||
(24) Section 1301.304; | ||
(25) Section 1301.351(a-2); | ||
(26) Section 1301.3521; | ||
(27) Section 1301.355; | ||
(28) Section 1301.356(c); | ||
(29) Section 1301.3565(c); | ||
(30) Section 1301.357(c); | ||
(31) Section 1301.358; | ||
(32) Section 1301.3585; | ||
(33) Section 1301.402; | ||
(34) Section 1301.403; | ||
(35) Section 1301.451; | ||
(36) Section 1301.4521; | ||
(37) Section 1301.4522; | ||
(38) Section 1301.453; | ||
(39) Section 1301.454; | ||
(40) Section 1301.502(b); | ||
(41) Section 1301.504; | ||
(42) Section 1301.5045; | ||
(43) Section 1301.505; | ||
(44) Section 1301.506; and | ||
(45) Subchapter N, Chapter 1301. | ||
SECTION 60. (a) The Texas State Board of Plumbing Examiners | ||
is abolished but continues in existence until September 1, 2020, | ||
for the sole purpose of transferring obligations, property, rights, | ||
powers, and duties to the Texas Department of Licensing and | ||
Regulation. The Texas Department of Licensing and Regulation | ||
assumes all of the obligations, property, rights, powers, and | ||
duties of the Texas State Board of Plumbing Examiners as they exist | ||
immediately before the effective date of this Act. All unexpended | ||
funds appropriated to the Texas State Board of Plumbing Examiners | ||
are transferred to the Texas Department of Licensing and | ||
Regulation. | ||
(b) The Texas State Board of Plumbing Examiners and the | ||
Texas Department of Licensing and Regulation shall, in consultation | ||
with appropriate state entities, ensure that the transfer of the | ||
obligations, property, rights, powers, and duties of the Texas | ||
State Board of Plumbing Examiners to the Texas Department of | ||
Licensing and Regulation is completed not later than September 1, | ||
2020. | ||
(c) All rules of the Texas State Board of Plumbing Examiners | ||
are continued in effect as rules of the Texas Department of | ||
Licensing and Regulation until superseded by a rule of the Texas | ||
Department of Licensing and Regulation. A license, endorsement, or | ||
certificate of registration issued by the Texas State Board of | ||
Plumbing Examiners is continued in effect as provided by the law in | ||
effect immediately before the effective date of this Act. An | ||
application for a license, endorsement, or certificate of | ||
registration pending on the effective date of this Act is continued | ||
without change in status after the effective date of this Act. A | ||
complaint, investigation, contested case, or other proceeding | ||
pending on the effective date of this Act is continued without | ||
change in status after the effective date of this Act. | ||
(d) Unless the context indicates otherwise, a reference to | ||
the Texas State Board of Plumbing Examiners in a law or | ||
administrative rule means the Texas Department of Licensing and | ||
Regulation. | ||
SECTION 61. Notwithstanding any other provision of this | ||
Act: | ||
(1) the authorization of a person holding a | ||
designation on September 1, 2019, to act as a responsible master | ||
plumber continues in effect until September 1, 2020; | ||
(2) a person is not required to hold a plumbing | ||
contractor license to perform or offer to perform plumbing for | ||
compensation until September 1, 2020; and | ||
(3) a person holding a designation to act as a | ||
responsible master plumber on September 1, 2019, may apply at no | ||
cost to the person for a plumbing contractor license until | ||
September 1, 2020, and after September 1, 2020, if the person | ||
applies for a plumbing contractor license, the person shall pay any | ||
fee required by law for the plumbing contractor license. | ||
SECTION 62. (a) Not later than December 1, 2019, the | ||
presiding officer of the Texas Commission of Licensing and | ||
Regulation shall appoint members to the Texas Plumbing Advisory | ||
Board in accordance with Section 1301.151, Occupations Code, as | ||
amended by this Act. A member whose term expired under Section 60 | ||
of this Act is eligible for appointment to the advisory board. | ||
(b) The members of the Texas State Board of Plumbing | ||
Examiners whose terms expire under Section 60 of this Act shall | ||
continue to provide advice to the Texas Department of Licensing and | ||
Regulation until a majority of the members of the advisory board are | ||
appointed under Subsection (a) of this section and qualified. | ||
SECTION 63. (a) Not later than: | ||
(1) September 1, 2021, the Texas Department of | ||
Licensing and Regulation 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, 2019, 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, 2023, the Texas Department of | ||
Licensing and Regulation shall obtain criminal history record | ||
information using a person's fingerprints on each person who: | ||
(A) on September 1, 2019, 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 Department of Licensing and Regulation 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 | ||
department to provide information or fingerprints, in a form and | ||
manner prescribed by the department, that would enable the | ||
department to obtain criminal history record information as | ||
required by this section. | ||
SECTION 64. (a) A violation of a law that is repealed by | ||
this Act is governed by the law in effect when the violation was | ||
committed, and the former law is continued in effect for that | ||
purpose. | ||
(b) For purposes of this section, a violation was committed | ||
before September 1, 2019, if any element of the violation occurred | ||
before that date. | ||
SECTION 65. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 66. This Act takes effect September 1, 2019. |