1-1 AN ACT
1-2 relating to the creation and operation of the Texas State Board of
1-3 Mechanical Industries and the regulation of plumbing and mechanical
1-4 laws and programs by that board; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The Revised Statutes are amended by adding
1-7 Title 132B to read as follows:
1-8 TITLE 132B. TEXAS STATE BOARD OF MECHANICAL INDUSTRIES
1-9 Art. 9150. TEXAS STATE BOARD OF MECHANICAL INDUSTRIES
1-10 Sec. 1. DEFINITION. In this article, "board" means the
1-11 Texas State Board of Mechanical Industries.
1-12 Sec. 2. BOARD. (a) The Texas State Board of Mechanical
1-13 Industries consists of nine members as follows:
1-14 (1) one member who has at least 10 years of practical
1-15 experience as a master plumber;
1-16 (2) one member who has at least 10 years of practical
1-17 experience as a journeyman plumber;
1-18 (3) one member who has at least five years of
1-19 experience as a plumbing contractor or as a licensed air
1-20 conditioning and refrigeration contractor;
1-21 (4) one member who has at least five years of
1-22 practical experience as a plumbing inspector;
1-23 (5) one member who has held an air conditioning and
1-24 refrigeration class A license or class B license for at least five
2-1 years;
2-2 (6) one member who has at least 10 years as a licensed
2-3 irrigation contractor; and
2-4 (7) three members who are representatives of the
2-5 public.
2-6 (b) Members of the board are appointed by the governor with
2-7 the advice and consent of the senate.
2-8 (c) Appointments to the board shall be made without regard
2-9 to the race, color, disability, sex, religion, age, or national
2-10 origin of the appointees.
2-11 Sec. 3. OFFICERS; MEETINGS; COMPENSATION. (a) The governor
2-12 shall designate a member of the board as the presiding officer of
2-13 the board to serve in that capacity at the will of the governor.
2-14 The board annually shall select an assistant presiding officer and
2-15 a secretary-treasurer.
2-16 (b) The board shall hold at least two regular meetings each
2-17 year. The board may not hold more than four meetings each year
2-18 unless at least nine members of the board request the presiding
2-19 officer in writing to call additional meetings.
2-20 (c) A member of the board is entitled to a per diem as set
2-21 by the General Appropriations Act for each day the member engages
2-22 in the business of the board. A member may not receive
2-23 compensation for travel expenses, including expenses for meals and
2-24 lodging, other than transportation expenses as provided by the
2-25 General Appropriations Act.
2-26 Sec. 4. TERMS. (a) Members of the board are appointed for
2-27 staggered six-year terms, with three members' terms expiring on
3-1 February 1 of each odd-numbered year.
3-2 (b) A member appointed to fill a vacancy shall hold office
3-3 for the remainder of that term.
3-4 Sec. 5. PUBLIC MEMBERSHIP RESTRICTION. A person may not be
3-5 a public member of the board if the person or the person's spouse:
3-6 (1) is registered, certified, or licensed by a
3-7 regulatory agency in the field of plumbing or mechanical work;
3-8 (2) is employed by or participates in the management
3-9 of a business entity or other organization regulated by or
3-10 receiving money from the board;
3-11 (3) owns or controls, directly or indirectly, more
3-12 than a 10 percent interest in a business entity or other
3-13 organization regulated by or receiving money from the board; or
3-14 (4) uses or receives a substantial amount of tangible
3-15 goods, services, or money from the board other than compensation or
3-16 reimbursement authorized by law for board membership, attendance,
3-17 or expenses.
3-18 Sec. 6. CONFLICT OF INTEREST RESTRICTIONS. (a) In this
3-19 section, "Texas trade association" means a cooperative and
3-20 voluntarily joined association of business or professional
3-21 competitors in this state designed to assist its members and its
3-22 industry or profession in dealing with mutual business or
3-23 professional problems and in promoting their common interest.
3-24 (b) A person may not be a member of the board and may not be
3-25 a board employee employed in a "bona fide executive,
3-26 administrative, or professional capacity," as that phrase is used
3-27 for purposes of establishing an exemption to the overtime
4-1 provisions of the federal Fair Labor Standards Act of 1938 (29
4-2 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
4-3 (1) the person is an officer, employee, or paid
4-4 consultant of a Texas trade association in the field of plumbing or
4-5 mechanical work; or
4-6 (2) the person's spouse is an officer, manager, or
4-7 paid consultant of a Texas trade association in the field of
4-8 plumbing or mechanical work.
4-9 (c) A person may not be a member of the board or act as the
4-10 general counsel to the board if the person is required to register
4-11 as a lobbyist under Chapter 305, Government Code, because of the
4-12 person's activities for compensation on behalf of a profession
4-13 related to the operation of the board.
4-14 Sec. 7. EFFECT OF LOBBYING ACTIVITY. A person may not serve
4-15 as a member of the board or act as the general counsel to the board
4-16 if the person is required to register as a lobbyist under Chapter
4-17 305, Government Code, because of the person's activities for
4-18 compensation on behalf of a profession related to the operation of
4-19 the board.
4-20 Sec. 8. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground
4-21 for removal from the board that a member:
4-22 (1) does not have at the time of taking office the
4-23 qualifications required by Section 2 of this article;
4-24 (2) does not maintain during service on the board the
4-25 qualifications required by Section 2 of this article;
4-26 (3) is ineligible for membership under Section 5, 6,
4-27 or 7 of this article;
5-1 (4) cannot, because of illness or disability,
5-2 discharge the member's duties for a substantial part of the
5-3 member's term; or
5-4 (5) is absent from more than half of the regularly
5-5 scheduled board meetings that the member is eligible to attend
5-6 during a calendar year without an excuse approved by a majority
5-7 vote of the board.
5-8 (b) The validity of an action of the board is not affected
5-9 by the fact that it is taken when a ground for removal of a board
5-10 member exists.
5-11 (c) If the executive director has knowledge that a potential
5-12 ground for removal exists, the executive director shall notify the
5-13 presiding officer of the board of the potential ground. The
5-14 presiding officer shall then notify the governor and the attorney
5-15 general that a potential ground for removal exists. If the
5-16 potential ground for removal involves the presiding officer, the
5-17 executive director shall notify the next highest ranking officer of
5-18 the board, who shall then notify the governor and the attorney
5-19 general that a potential ground for removal exists.
5-20 Sec. 9. STAFF. (a) The board shall employ an executive
5-21 director and administrative and clerical employees as necessary to
5-22 carry out the board's functions.
5-23 (b) The board shall develop and implement policies that
5-24 clearly separate the policymaking responsibilities of the board and
5-25 the management responsibilities of the executive director and staff
5-26 of the board.
5-27 Sec. 10. REGULATORY STATUTES ADMINISTERED. The board shall
6-1 administer and enforce:
6-2 (1) The Plumbing License Law (Article 6243-101,
6-3 Vernon's Texas Civil Statutes);
6-4 (2) the law regulating environmental performance
6-5 standards for plumbing fixtures, Chapter 372, Health and Safety
6-6 Code;
6-7 (3) the Air Conditioning and Refrigeration Contractor
6-8 License Law (Article 8861, Vernon's Texas Civil Statutes);
6-9 (4) the law regulating irrigators, Chapter 34, Water
6-10 Code; and
6-11 (5) the law regulating certain connections to public
6-12 drinking water, Section 341.033(f), Health and Safety Code.
6-13 Sec. 11. ADVISORY COMMITTEES. (a) The board shall appoint
6-14 a separate advisory committee on each of the following:
6-15 (1) plumbing;
6-16 (2) irrigation;
6-17 (3) air conditioning and refrigeration; and
6-18 (4) backflow prevention.
6-19 (b) The board may appoint additional advisory committees as
6-20 determined to be necessary by a majority of the board.
6-21 (c) A member of an advisory committee appointed under this
6-22 section serves a two-year term. An advisory committee member is
6-23 not entitled to compensation but is entitled to reimbursement for
6-24 actual and necessary expenses, including travel expenses, incurred
6-25 in performing duties as a member of the advisory committee.
6-26 Sec. 12. SEPARATE LICENSES. (a) The board shall issue
6-27 separate licenses, certificates, permits, or registrations for the
7-1 programs under Section 10 of this article in which a license,
7-2 certificate, permit, or registration is issued by the board.
7-3 (b) The board may issue more than one type of license,
7-4 certificate, permit, or registration to a person under a law
7-5 regulated by the board if the person is qualified to hold each of
7-6 the licenses, certificates, permits, or registrations issued. The
7-7 board shall adopt rules relating to the issuance of multiple
7-8 licenses, certificates, permits, or registrations to a person under
7-9 laws administered by the board.
7-10 Sec. 13. EXPENDITURES; AUDIT. (a) The board may authorize,
7-11 from funds appropriated to it, all necessary disbursements to carry
7-12 out this article and the laws and programs listed in Section 10 of
7-13 this article.
7-14 (b) The financial transactions of the board are subject to
7-15 audit by the state auditor in accordance with Chapter 321,
7-16 Government Code.
7-17 Sec. 14. ANNUAL FINANCIAL REPORT. The board shall file
7-18 annually with the governor and the presiding officer of each house
7-19 of the legislature a complete and detailed written report
7-20 accounting for all funds received and disbursed by the board during
7-21 the preceding fiscal year. The annual report must be in the form
7-22 and reported in the time provided by the General Appropriations
7-23 Act.
7-24 Sec. 15. PERSONNEL POLICIES. (a) The executive director or
7-25 the executive director's designee shall develop an intra-agency
7-26 career ladder program. The program shall require intra-agency
7-27 posting of all nonentry level positions concurrently with any
8-1 public posting.
8-2 (b) The executive director or the executive director's
8-3 designee shall develop a system of annual performance evaluations
8-4 based on measurable job tasks. All merit pay for board employees
8-5 must be based on the system established under this subsection.
8-6 Sec. 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
8-7 executive director or the executive director's designee shall
8-8 prepare and maintain a written policy statement that implements a
8-9 program of equal employment opportunity to ensure that all
8-10 personnel decisions are made without regard to race, color,
8-11 disability, sex, religion, age, or national origin.
8-12 (b) The policy statement must include:
8-13 (1) personnel policies, including policies relating to
8-14 recruitment, evaluation, selection, training, and promotion of
8-15 personnel, that show the intent of the board to avoid the unlawful
8-16 employment practices described by Chapter 21, Labor Code; and
8-17 (2) an analysis of the extent to which the composition
8-18 of the board's personnel is in accordance with state and federal
8-19 law and a description of reasonable methods to achieve compliance
8-20 with state and federal law.
8-21 (c) The policy statement must:
8-22 (1) be updated annually;
8-23 (2) be reviewed by the state Commission on Human
8-24 Rights for compliance with Subsection (b)(1); and
8-25 (3) be filed with the governor's office.
8-26 Sec. 17. PUBLIC INTEREST INFORMATION. (a) The board shall
8-27 prepare information of public interest describing the functions of
9-1 the board and the board's procedures by which complaints are filed
9-2 with and resolved by the board. The board shall make the
9-3 information available to the public and appropriate state agencies.
9-4 (b) The board by rule shall establish methods by which
9-5 consumers and service recipients are notified of the name, mailing
9-6 address, and telephone number of the board and the license number
9-7 of the responsible licensee for the purpose of directing complaints
9-8 to the board. The board or the responsible licensee, as
9-9 appropriate, shall provide for that notification:
9-10 (1) on each registration form, application, or written
9-11 contract for services of an individual or entity regulated by the
9-12 board;
9-13 (2) on a sign prominently displayed in the place of
9-14 business of each individual or entity regulated by the board;
9-15 (3) in a bill for service provided by an individual or
9-16 entity regulated by the board; and
9-17 (4) the company name and license number of the
9-18 responsible licensee shall be displayed on both sides of all
9-19 vehicles used in conjunction with contracting or performing work
9-20 regulated by the board.
9-21 (c) The board shall list along with its regular telephone
9-22 number the toll-free telephone number that may be called to present
9-23 a complaint about a health professional if the toll-free number is
9-24 established under other state law.
9-25 Sec. 18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
9-26 shall develop and implement policies that provide the public with a
9-27 reasonable opportunity to appear before the board and to speak on
10-1 any issue under the jurisdiction of the board.
10-2 Sec. 19. PROGRAM ACCESSIBILITY. The board shall prepare and
10-3 maintain a written plan that describes how a person who does not
10-4 speak English can be provided reasonable access to the board's
10-5 programs. The board shall also comply with federal and state laws
10-6 for program and facility accessibility.
10-7 Sec. 20. BOARD MEMBER TRAINING; STANDARDS OF CONDUCT
10-8 INFORMATION. (a) A person who is appointed to and qualifies for
10-9 office as a member of the board may not vote, deliberate, or be
10-10 counted as a member in attendance at a meeting of the board until
10-11 the person completes a training program that complies with this
10-12 section.
10-13 (b) The training program must provide the person with
10-14 information regarding:
10-15 (1) this article and the statutes enforced by the
10-16 board;
10-17 (2) the programs operated by the board;
10-18 (3) the role and functions of the board;
10-19 (4) the rules of the board with an emphasis on the
10-20 rules that relate to disciplinary and investigatory authority;
10-21 (5) the current budget for the board;
10-22 (6) the results of the most recent formal audit of the
10-23 board;
10-24 (7) the requirements of:
10-25 (A) the open meetings law, Chapter 551,
10-26 Government Code;
10-27 (B) the public information law, Chapter 552,
11-1 Government Code;
11-2 (C) the administrative procedure law, Chapter
11-3 2001, Government Code; and
11-4 (D) other laws relating to public officials,
11-5 including conflict-of-interest laws; and
11-6 (8) any applicable ethics policies adopted by the
11-7 board or the Texas Ethics Commission.
11-8 (c) A person appointed to the board is entitled to
11-9 reimbursement, as provided by the General Appropriations Act, for
11-10 the travel expenses incurred in attending the training program
11-11 regardless of whether the attendance at the program occurs before
11-12 or after the person qualifies for office.
11-13 (d) The executive director or the executive director's
11-14 designee shall provide to members of the board and to board
11-15 employees, as often as necessary, information regarding the
11-16 requirements for office or employment under this article, including
11-17 information regarding a person's responsibilities under applicable
11-18 laws relating to standards of conduct for state officers or
11-19 employees.
11-20 Sec. 21. SUNSET PROVISION. The Texas State Board of
11-21 Mechanical Industries is subject to Chapter 325, Government Code
11-22 (Texas Sunset Act). Unless continued in existence as provided by
11-23 that chapter, the board is abolished and this article expires
11-24 September 1, 2011.
11-25 Sec. 22. PENALTIES. (a) The board shall revoke or suspend
11-26 a license, endorsement, certification, or registration, probate a
11-27 license, endorsement, certification, or registration suspension, or
12-1 reprimand any person or entity regulated by the board for any
12-2 violation of this article or any regulatory statute administered by
12-3 the board or any rule adopted under this article or any rule
12-4 adopted under any regulatory statute administered by the board. A
12-5 violation of this article shall include but not be limited to:
12-6 obtaining a license through error or fraud; having recklessly,
12-7 wilfully, negligently, or arbitrarily violated municipal or other
12-8 political subdivision rules or ordinances regulating any work
12-9 governed by the board; making a substantial misrepresentation of
12-10 services to be provided or which have been provided; making any
12-11 false promise with intent to influence, persuade, or induce an
12-12 individual to contract for services. Grounds for suspension or
12-13 revocation of a license, endorsement, certification, or
12-14 registration due to suspected incompetence or wilful violation by a
12-15 licensee may be determined through retesting procedures.
12-16 (b) The board may assess an administrative penalty against a
12-17 person or entity who violates a provision of this article, a law
12-18 administered by the board, or a rule or order adopted by the board
12-19 as provided by this section.
12-20 (c) The penalty for each violation may be in an amount not
12-21 to exceed $1,000. Each day a violation continues or occurs may be
12-22 considered a separate violation for purposes of penalty assessment.
12-23 In determining the amount of the penalty, the board shall consider:
12-24 (1) the seriousness of the violation, including the
12-25 nature, circumstances, extent, and gravity of the prohibited acts
12-26 and the hazard or potential hazard posed to the health or safety of
12-27 the public;
13-1 (2) the economic damage to property or the environment
13-2 caused by the violation;
13-3 (3) the history of previous violations;
13-4 (4) the amount necessary to deter future violations;
13-5 (5) efforts to correct the violation; and
13-6 (6) any other matter that justice may require.
13-7 (d) If the board proposes to assess an administrative
13-8 penalty, refuse a person's application for licensure, endorsement,
13-9 certification, or registration, or suspend or revoke a person's
13-10 license, endorsement, certification, or registration, the person is
13-11 entitled to a hearing, if requested, governed by the Administrative
13-12 Procedure Act, Chapter 2001, Government Code.
13-13 (e) The executive director or the executive director's staff
13-14 designee or staff designees shall oversee and conduct
13-15 investigations, conduct informal conferences, negotiate agreed
13-16 final orders, draft formal complaints, recommend administrative
13-17 penalties, and pursue cases involving violations of this article or
13-18 any regulatory statute administered by the board or any rule
13-19 adopted under this article or any rule adopted under any regulatory
13-20 statute administered by the board at the State Office of
13-21 Administrative Hearings. Proceedings for assessing administrative
13-22 penalties or for the refusal, suspension, or revocation of a
13-23 license, endorsement, certification, or registration are subject to
13-24 the Administrative Procedure Act, Chapter 2001, Government Code.
13-25 (f) Within the 30-day period immediately following the day
13-26 on which a board order assessing an administrative penalty to a
13-27 person or entity becomes final as provided by Section 2001.144,
14-1 Government Code, the person or entity charged with the penalty
14-2 shall:
14-3 (1) pay the penalty in full; or
14-4 (2) if the person files a petition for judicial review
14-5 contesting either the fact of the violation or the amount of the
14-6 penalty or contesting both the fact of the violation and the amount
14-7 of the penalty:
14-8 (A) forward the amount to the board for
14-9 placement in an escrow account; or
14-10 (B) in lieu of payment into escrow, post with
14-11 the board a supersedeas bond in a form approved by the board for
14-12 the amount of the penalty, the bond to be effective until all
14-13 judicial review of the order or decision is final.
14-14 (g) If a person charged is financially unable to either
14-15 forward the amount of the penalty for placement in an escrow
14-16 account or post a supersedeas bond for the amount of the penalty,
14-17 the person may satisfy the requirements of Subsection (f)(2) of
14-18 this section by filing with the board an affidavit sworn by the
14-19 person charged, stating that the person is financially unable to
14-20 either forward the amount of the penalty or post a bond.
14-21 (h) If the person charged fails to pay the penalty in full
14-22 as provided under Subsection (f)(1) of this section or forward the
14-23 money, post the bond, or file the affidavit as provided by
14-24 Subsection (f) or (g) of this section, the board may forward the
14-25 matter to the attorney general for enforcement.
14-26 (i) Judicial review of the order or decision of the board
14-27 assessing the penalty shall be under the substantial evidence rule
15-1 and shall be instituted by filing a petition with a district court
15-2 in Travis County, as provided by Subchapter G, Chapter 2001,
15-3 Government Code.
15-4 (j) If the penalty is reduced or not assessed by the court,
15-5 the board shall remit to the person charged the appropriate amount
15-6 plus accrued interest if the penalty has been paid or shall execute
15-7 a release of the bond if a supersedeas bond has been posted. The
15-8 accrued interest on amounts remitted by the board under this
15-9 subsection shall be paid at a rate equal to the rate charged on
15-10 loans to depository institutions by the New York Federal Reserve
15-11 Bank and shall be paid for the period beginning on the date the
15-12 penalty is paid to the board under Subsection (f) of this section
15-13 and ending on the date the penalty is remitted.
15-14 (k) An administrative penalty collected under Subsection (b)
15-15 of this section shall be deposited in the general revenue fund.
15-16 (l) A person commits an offense if the person violates this
15-17 article or any regulatory statute administered by the board or any
15-18 rule adopted under this article or any rule adopted under any
15-19 regulatory statute administered by the board, engages in activities
15-20 for which a license, endorsement, certification, or registration is
15-21 required without a license, endorsement, certification, or
15-22 registration issued under this article, or employs or utilizes an
15-23 unlicensed, unendorsed, uncertified, or unregistered person to
15-24 engage in activities for which a license, endorsement,
15-25 certification, or registration is required by this article. An
15-26 offense under this subsection is a Class C misdemeanor.
15-27 (m) A field representative of the board or, within the
16-1 jurisdiction of that municipality or water district, a municipal
16-2 inspector or water district inspector or other inspector authorized
16-3 to inspect work regulated by the board, may issue citations to
16-4 persons who engage in conduct described by Subsection (l) of this
16-5 section.
16-6 (n) Citations issued under Subsection (l) and Subsection (m)
16-7 of this section may be filed in a county justice court or municipal
16-8 court for adjudication of the offense or offenses.
16-9 Sec. 23. EFFECT OF FEDERAL REGULATIONS. The board shall
16-10 adopt rules for a law or program regulated by the board as
16-11 necessary to comply with any federal regulation that imposes
16-12 standards or requirements on that law or program.
16-13 SECTION 2. The Plumbing License Law (Article 6243-101,
16-14 Vernon's Texas Civil Statutes) is amended by adding Section 1A and
16-15 amending Section 3A to read as follows:
16-16 Sec. 1A. FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a) This
16-17 Act is administered by the Texas State Board of Mechanical
16-18 Industries in accordance with Article 9150, Revised Statutes. To
16-19 the extent of a conflict between this Act and Article 9150, Revised
16-20 Statutes, that article prevails.
16-21 (b) Any reference in this Act to the Texas State Board of
16-22 Plumbing Examiners means the Texas State Board of Mechanical
16-23 Industries.
16-24 (c) The Texas State Board of Plumbing Examiners is abolished
16-25 and the functions of that board are exercised by the Texas State
16-26 Board of Mechanical Industries.
16-27 Sec. 3A. CERTIFICATION RELATING TO RESIDENTIAL WATER
17-1 TREATMENT FACILITIES. (a) The executive director of the Texas
17-2 State Board of Mechanical Industries or the executive director's
17-3 [Commissioner of Health or his] designee shall certify persons as
17-4 being qualified for the installation, exchange, servicing, and
17-5 repair of residential water treatment facilities [as defined by
17-6 Subsection (g) of Section 2 of this Act]. The Texas State Board of
17-7 Mechanical Industries [Board of Health] shall set standards for
17-8 certification to ensure the public health and to protect the public
17-9 from unqualified persons engaging in activities relating to water
17-10 treatment. Nothing in this section shall be construed to require
17-11 that persons licensed pursuant to this Act are subject to
17-12 certification under this section.
17-13 (b) [Before a certificate is issued or renewed under this
17-14 section, an applicant or holder of a certificate shall be required
17-15 to pay a fee of $10 a year.] On receipt of the required fee, the
17-16 Texas State Board of Mechanical Industries [Department of Health]
17-17 shall issue to a qualified person a certificate stating that the
17-18 person is qualified for the installation, exchange, servicing, and
17-19 repair of residential water treatment facilities. The Texas State
17-20 Board of Mechanical Industries [Board of Health] shall adopt rules
17-21 establishing classes of certificates, duration of certificates, and
17-22 fees.
17-23 (c) All fees received by the Texas State Board of Mechanical
17-24 Industries [Department of Health] under this section shall be
17-25 deposited in the State Treasury to the credit of the General
17-26 Revenue Fund.
17-27 SECTION 3. The Air Conditioning and Refrigeration Contractor
18-1 License Law (Article 8861, Vernon's Texas Civil Statutes) is
18-2 amended by adding Section 1A to read as follows:
18-3 Sec. 1A. FUNCTIONS TRANSFERRED; ADVISORY BOARD ABOLISHED.
18-4 (a) This Act is administered by the Texas State Board of
18-5 Mechanical Industries in accordance with Article 9150, Revised
18-6 Statutes. To the extent of a conflict between this Act and Article
18-7 9150, Revised Statutes, that article prevails.
18-8 (b) Any reference in this Act to the Texas Department of
18-9 Licensing and Regulation, the commissioner of licensing and
18-10 regulation, or the Air Conditioning and Refrigeration Contractors
18-11 Advisory Board means the Texas State Board of Mechanical
18-12 Industries.
18-13 (c) The Air Conditioning and Refrigeration Contractors
18-14 Advisory Board is abolished and the functions of that board and the
18-15 functions, under this Act, of the Texas Department of Licensing and
18-16 Regulation and the commissioner of licensing and regulation are
18-17 exercised by the Texas State Board of Mechanical Industries.
18-18 SECTION 4. Section 341.033(f), Health and Safety Code, is
18-19 amended to read as follows:
18-20 (f) A public drinking water supply may not be connected to a
18-21 sprinkling, condensing, cooling, plumbing, or other system unless
18-22 the connection is designed to ensure against a backflow or
18-23 siphonage of sewage or contaminated water into the drinking water
18-24 supply. Notwithstanding any other provision of this chapter, this
18-25 subsection is administered by the Texas State Board of Mechanical
18-26 Industries in accordance with Article 9150, Revised Statutes. To
18-27 the extent of a conflict between this chapter and Article 9150,
19-1 Revised Statutes, regarding the administration of this subsection,
19-2 Article 9150 prevails. Any reference in this chapter to the Texas
19-3 Natural Resource Conservation Commission, as it applies to this
19-4 subsection, means the Texas State Board of Mechanical Industries.
19-5 SECTION 5. Chapter 372, Health and Safety Code, is amended
19-6 by adding Section 372.0015 to read as follows:
19-7 Sec. 372.0015. FUNCTIONS TRANSFERRED. (a) This chapter is
19-8 administered by the Texas State Board of Mechanical Industries in
19-9 accordance with Article 9150, Revised Statutes. To the extent of a
19-10 conflict between this chapter and Article 9150, Revised Statutes,
19-11 that article prevails.
19-12 (b) Any reference in this chapter to the Texas Natural
19-13 Resource Conservation Commission means the Texas State Board of
19-14 Mechanical Industries.
19-15 SECTION 6. Chapter 34, Water Code, is amended by adding
19-16 Section 34.0015 to read as follows:
19-17 Sec. 34.0015. FUNCTIONS TRANSFERRED; COUNCIL ABOLISHED.
19-18 (a) This chapter is administered by the Texas State Board of
19-19 Mechanical Industries in accordance with Article 9150, Revised
19-20 Statutes. To the extent of a conflict between this chapter and
19-21 Article 9150, Revised Statutes, that article prevails.
19-22 (b) Any reference in this chapter to the Texas Natural
19-23 Resource Conservation Commission or the Texas irrigators advisory
19-24 council means the Texas State Board of Mechanical Industries.
19-25 (c) The Texas irrigators advisory council is abolished and
19-26 the functions of that board and the functions, under this chapter,
19-27 of the Texas Natural Resource Conservation Commission are exercised
20-1 by the Texas State Board of Mechanical Industries.
20-2 SECTION 7. (a) As soon as possible after the effective date
20-3 of this Act, the governor shall appoint the initial members of the
20-4 Texas State Board of Mechanical Industries in accordance with
20-5 Article 9150, Revised Statutes, as added by this Act.
20-6 (b) A person who is serving on the day immediately before
20-7 the effective date of this Act as a member of the governing body of
20-8 an agency abolished by this Act is eligible for appointment to the
20-9 Texas State Board of Mechanical Industries if the person meets the
20-10 requirements set forth in Section 2, Article 9150, Revised
20-11 Statutes, as added by this Act.
20-12 (c) In making the initial appointments, the governor shall
20-13 designate members to serve terms as follows:
20-14 (1) three members to serve for terms expiring February
20-15 1, 2001;
20-16 (2) three members to serve for terms expiring February
20-17 1, 2003; and
20-18 (3) three members to serve for terms expiring February
20-19 1, 2005.
20-20 (d) The Texas State Board of Mechanical Industries may not
20-21 take any action and is not created until the day after the date the
20-22 last appointee to the initial board takes office. On the date of
20-23 its creation, the board assumes its functions and:
20-24 (1) the Air Conditioning and Refrigeration Contractors
20-25 Advisory Board, Texas State Board of Plumbing Examiners, and Texas
20-26 irrigators advisory council are abolished;
20-27 (2) the obligations, rights, contracts, records and
21-1 other property, and personnel of, and unspent money appropriated to
21-2 or for, the abolished boards and council or the governing body for
21-3 the laws or programs transferred to the new board under this Act
21-4 are transferred to the Texas State Board of Mechanical Industries;
21-5 (3) the rules of the abolished boards and council or
21-6 the governing body for the laws or programs transferred to the new
21-7 board under this Act are continued in effect as rules of the Texas
21-8 State Board of Mechanical Industries until superseded by rule of
21-9 the new board;
21-10 (4) the licenses, certificates, permits, or
21-11 registrations in effect that were issued by the abolished boards or
21-12 council or the governing body for the laws or programs transferred
21-13 to the new board under this Act are continued in effect as
21-14 licenses, certificates, permits, or registrations of the Texas
21-15 State Board of Mechanical Industries;
21-16 (5) a complaint or investigation pending before the
21-17 abolished boards or council or the governing body for the laws or
21-18 programs transferred to the new board under this Act is transferred
21-19 without change in status to the Texas State Board of Mechanical
21-20 Industries;
21-21 (6) a contested case pending before the abolished
21-22 boards and council or the governing body for the laws or programs
21-23 transferred to the new board under this Act is transferred to the
21-24 Texas State Board of Mechanical Industries and actions taken in the
21-25 proceeding are treated as if taken by the Texas State Board of
21-26 Mechanical Industries; and
21-27 (7) any reference in a law to the abolished boards or
22-1 council means the Texas State Board of Mechanical Industries.
22-2 (e) Regardless of the changes in law made by this Act, until
22-3 the date that the Air Conditioning and Refrigeration Contractors
22-4 Advisory Board, Texas State Board of Plumbing Examiners, and Texas
22-5 irrigators advisory council are abolished as provided by this
22-6 section, the boards and council continue in existence and shall
22-7 administer their functions under the law that governed the boards
22-8 and council before the effective date of this Act, and the prior
22-9 law is continued in effect for that purpose.
22-10 (f) The Texas State Board of Mechanical Industries shall
22-11 adopt rules under this Act not later than December 1, 1999.
22-12 SECTION 8. The following laws are repealed:
22-13 (1) Sections 4, 4a, 5A, 6, and 7, The Plumbing License
22-14 Law (Article 6243-101, Vernon's Texas Civil Statutes);
22-15 (2) Section 3A, Air Conditioning and Refrigeration
22-16 Contractor License Law (Article 8861, Vernon's Texas Civil
22-17 Statutes); and
22-18 (3) Section 34.003, Water Code.
22-19 SECTION 9. This Act takes effect September 1, 1999.
22-20 SECTION 10. The importance of this legislation and the
22-21 crowded condition of the calendars in both houses create an
22-22 emergency and an imperative public necessity that the
22-23 constitutional rule requiring bills to be read on three several
22-24 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2155 was passed by the House on May
8, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2155 on May 27, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2155 was passed by the Senate, with
amendments, on May 26, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor