By: Thompson of Harris, Paddie, Lambert,	H.B. No. 636
	Hernandez, Geren, et al.

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