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AN ACT
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relating to the licensing and regulation of plumbers and |
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multipurpose residential fire protection sprinkler specialists; |
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prohibiting municipal regulations requiring the installation of |
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fire protection sprinkler systems in certain residences. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1301.002, Occupations Code, is amended |
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by amending Subdivisions (2), (3), (4), (5), (6), (8), (9), and (10) |
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and adding Subdivisions (5-a) and (9-a) to read as follows: |
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(2) "Drain cleaner" means a person who: |
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(A) has completed at least 4,000 hours working |
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under the supervision of a master plumber as a drain |
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cleaner-restricted registrant; |
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(B) has fulfilled the requirements of and is |
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registered with the board; and |
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(C) installs cleanouts and removes and resets |
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p-traps to eliminate obstructions in building drains and sewers |
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under the supervision of a responsible master plumber. |
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(3) "Drain cleaner-restricted registrant" means a |
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person who: |
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(A) has worked as a plumber's apprentice under |
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the supervision of a master plumber; |
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(B) has fulfilled the requirements of and is |
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registered with the board; and |
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(C) clears obstructions in sewer and drain lines |
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through any code-approved existing opening under the supervision of |
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a responsible master plumber. |
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(4) "Journeyman plumber" means a person licensed under |
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this chapter who: |
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(A) has met the qualifications for registration |
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as a plumber's apprentice or for licensing as a tradesman |
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plumber-limited license holder; |
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(B) has completed at least 8,000 hours working |
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under the supervision of a master plumber; |
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(C) installs, changes, repairs, services, or |
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renovates plumbing or supervises any of those activities under the |
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supervision of a responsible master plumber; and |
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(D) has passed the required examination and |
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fulfilled the other requirements of the board. |
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(5) "Master plumber" means a person licensed under |
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this chapter who: |
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(A) is skilled in the planning and superintending |
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of plumbing and in the practical installation, repair, and |
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servicing of plumbing; |
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(B) [secures permits for plumbing work;
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[(C)] is knowledgeable about the codes, |
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ordinances, or rules governing the activities described by |
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Paragraph [Paragraphs] (A) [and (B)]; |
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(C) [(D)] performs or supervises plumbing work; |
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and |
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(D) [(E)] has passed the required examination |
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and fulfilled the other requirements of the board. |
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(5-a) "Multipurpose residential fire protection |
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sprinkler specialist" means a person who holds an endorsement |
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issued under Section 1301.3565. |
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(6) "Plumber's apprentice" means a person other than a |
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master plumber, journeyman plumber, or tradesman plumber-limited |
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license holder who, as the person's principal occupation, learns |
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about and assists in the installation of plumbing, has fulfilled |
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the requirements of and is registered by the board, and works under |
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the supervision of a responsible master plumber and the direct |
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supervision of a licensed plumber. |
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(8) "Plumbing inspector" means a person who: |
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(A) is employed by a state agency or political |
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subdivision, or contracts as an independent contractor with a state |
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agency or political subdivision, to inspect plumbing in connection |
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with health and safety laws, including ordinances, and plumbing and |
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gas codes; and |
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(B) has passed the required examination and |
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fulfilled the other requirements of the board. |
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(9) "Residential utilities installer" means a person |
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who: |
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(A) has completed at least 2,000 hours working |
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under the supervision of a master plumber as a plumber's |
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apprentice; |
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(B) has fulfilled the requirements of and is |
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registered with the board; and |
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(C) constructs and installs yard water service |
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piping for one-family or two-family dwellings and building sewers |
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under the supervision of a responsible master plumber. |
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(9-a) "Responsible master plumber" means a person |
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licensed as a master plumber under this chapter who: |
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(A) allows the person's master plumber license to |
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be used by one plumbing company for the purpose of offering and |
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performing plumbing work under the person's master plumber license; |
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(B) is authorized to obtain permits for plumbing |
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work; |
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(C) assumes responsibility for plumbing work |
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performed under the person's license; and |
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(D) has submitted a certificate of insurance as |
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required by Section 1301.3576. |
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(10) "Tradesman plumber-limited license holder" means |
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a person who: |
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(A) has completed at least 4,000 hours working |
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under the direct supervision of a journeyman or master plumber as a |
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plumber's apprentice; |
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(B) has passed the required examination and |
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fulfilled the other requirements of the board; and |
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(C) constructs and installs plumbing for |
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one-family or two-family dwellings under the supervision of a |
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responsible master plumber[; and
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[(D)
has not met or attempted to meet the
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qualifications for a journeyman plumber license]. |
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SECTION 2. Section 1301.302, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.302. CONTRACT INFORMATION. A written proposal, |
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invoice, or contract relating to [for] plumbing services [to be] |
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performed by or under the direction of a plumber licensed under this |
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chapter must contain the name and license number of the responsible |
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master plumber and the name, mailing address, and telephone number |
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of the board. |
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SECTION 3. Section 1301.351, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsections (a-1) and (a-2) |
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to read as follows: |
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(a) A person, other than a responsible master plumber, may |
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not engage in [the business of] plumbing unless: |
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(1) the person holds the proper [a] license, |
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registration, or endorsement required by [or is registered under] |
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this chapter; and [or] |
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(2) the person's work is supervised and controlled by a |
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person licensed under this chapter. |
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(a-1) A person may not act as a responsible master plumber |
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unless the person holds the appropriate license and meets the |
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requirements for a responsible master plumber under this chapter. |
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(a-2) A person that advertises or otherwise offers to |
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perform or provide plumbing must secure the services of a |
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responsible master plumber. |
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SECTION 4. Section 1301.352, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.352. EXAMINATION REQUIRED. The board shall issue |
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a license or endorsement as a master plumber, journeyman plumber, |
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plumbing inspector, tradesman plumber-limited license holder, |
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medical gas piping installation endorsement holder, [or] water |
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supply protection specialist, or multipurpose residential fire |
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protection sprinkler specialist to a person who demonstrates the |
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fitness, competence, and qualifications to receive the license or |
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endorsement by passing a uniform, reasonable examination. |
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SECTION 5. Subsection (e), Section 1301.356, Occupations |
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Code, is amended to read as follows: |
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(e) A plumbing inspector who meets the requirements of the |
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board may hold a medical gas endorsement and inspect medical gas |
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piping installations. |
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SECTION 6. Subchapter G, Chapter 1301, Occupations Code, is |
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amended by adding Section 1301.3565 to read as follows: |
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Sec. 1301.3565. ENDORSEMENT: MULTIPURPOSE RESIDENTIAL |
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FIRE PROTECTION SPRINKLER SPECIALIST. (a) A person may not engage |
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in the installation of a multipurpose residential fire protection |
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sprinkler system that uses a single piping system to provide |
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potable water for fire protection sprinklers and for domestic |
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plumbing fixtures and appliances unless the person: |
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(1) is licensed under this chapter as a master plumber |
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or journeyman plumber; and |
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(2) holds an endorsement issued under this section. |
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(b) The board shall issue an endorsement as a multipurpose |
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residential fire protection sprinkler specialist to a person who: |
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(1) holds the license described by Subsection (a); |
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(2) applies to the board on a form prescribed by the |
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board; |
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(3) pays a fee set by the board; |
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(4) presents evidence satisfactory to the board of |
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successful completion of a training program approved by the board |
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that provides the training necessary for the proper installation of |
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a multipurpose residential fire protection sprinkler system as |
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required by the applicable codes and standards recognized by the |
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state; and |
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(5) passes an examination required by the board. |
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(c) An endorsement issued under this section is valid until |
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the third anniversary of the date of issuance and may be renewed on |
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compliance with any requirements prescribed by board rule. |
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(d) A person who holds an endorsement under this section may |
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represent to the public that the person is a multipurpose |
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residential fire protection sprinkler specialist. |
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(e) Notwithstanding any other law, a person who holds an |
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endorsement under this section is not required to hold a license or |
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registration issued by another state agency in order to install a |
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multipurpose residential fire protection sprinkler system. |
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(f) A plumbing inspector who meets the requirements of the |
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board may inspect a multipurpose residential fire protection |
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sprinkler installation. |
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SECTION 7. Section 1301.3576, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR RESPONSIBLE |
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MASTER PLUMBER. When a person is issued a master plumber's license, |
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the person must provide the board with a certificate of insurance |
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that meets the requirements of Section 1301.552 before the person |
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works as a responsible master plumber. |
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SECTION 8. Subsection (a), Section 1301.451, Occupations |
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Code, is amended to read as follows: |
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(a) The board shall revoke, suspend, deny, or refuse to |
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renew a license, endorsement, or registration or shall reprimand a |
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holder of a license, endorsement, or registration for a violation |
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of this chapter, an order issued by the board, or a rule of the |
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board. |
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SECTION 9. Subsection (a), Section 1301.452, Occupations |
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Code, is amended to read as follows: |
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(a) A person is subject to disciplinary action under Section |
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1301.451 if the person violates this chapter, an order issued by the |
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board, or a board rule. A violation of this chapter includes: |
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(1) obtaining a license, endorsement, or registration |
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through error or fraud; |
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(2) wilfully, negligently, or arbitrarily violating a |
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municipal rule or ordinance that regulates sanitation, drainage, or |
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plumbing; |
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(3) making a misrepresentation of services provided or |
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to be provided; [or] |
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(4) making a false promise with the intent to induce a |
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person to contract for a service; or |
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(5) employing a person who does not hold a license or |
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endorsement or who is not registered to engage in an activity for |
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which a license, endorsement, or registration is required under |
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this chapter. |
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SECTION 10. Section 1301.504, Occupations Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Venue for an action brought under this section is in a |
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district court in Travis County. |
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SECTION 11. Subsection (a), Section 1301.5045, Occupations |
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Code, is amended to read as follows: |
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(a) The executive director [If it appears to the board that
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a person is violating this chapter or a rule adopted under this
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chapter, the board, after notice and opportunity for a hearing,] |
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may issue a cease and desist order as necessary to enforce this |
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chapter if the executive director determines that the action is |
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necessary to prevent a violation of this chapter and to protect |
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public health and safety [prohibiting the person from engaging in
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the activity]. |
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SECTION 12. Section 1301.551, Occupations Code, is amended |
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by adding Subsections (e) and (f) to read as follows: |
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(e) Notwithstanding any other provision of state law, after |
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January 1, 2009, a municipality may not enact an ordinance, bylaw, |
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order, building code, or rule requiring the installation of a |
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multipurpose residential fire protection sprinkler system or any |
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other fire sprinkler protection system in a new or existing one- or |
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two-family dwelling. A municipality may adopt an ordinance, bylaw, |
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order, or rule allowing a multipurpose residential fire protection |
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sprinkler specialist or other contractor to offer, for a fee, the |
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installation of a fire sprinkler protection system in a new one- or |
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two-family dwelling. |
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(f) A multipurpose residential fire protection sprinkler |
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specialist may install a multipurpose residential fire protection |
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sprinkler system in a new or existing one- or two-family dwelling in |
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a municipality described by Subsection (a) or (b). |
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SECTION 13. Section 1301.707, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
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(a) Not later than the 30th day after the date the board's order |
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becomes final, the person shall: |
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(1) pay the penalty; or |
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(2) file a petition for judicial review contesting the |
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occurrence of the violation, the amount of the penalty, or both. |
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(b) Failure by the person to pay the penalty is grounds for |
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the board to refuse to renew the person's license or registration |
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and to refuse to issue a new license or registration to the person. |
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SECTION 14. The Texas State Board of Plumbing Examiners |
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shall collaborate with the state fire marshal in adopting rules |
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necessary to implement Section 1301.3565, Occupations Code, as |
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added by this Act. |
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SECTION 15. (a) Not later than February 1, 2010, the Texas |
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State Board of Plumbing Examiners shall adopt rules necessary to |
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implement Section 1301.3565, Occupations Code, as added by this |
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Act. |
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(b) Not later than March 1, 2010, the Texas State Board of |
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Plumbing Examiners shall begin administering examinations and |
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issuing multipurpose residential fire protection sprinkler |
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specialist endorsements under Section 1301.3565, Occupations Code, |
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as added by this Act. |
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SECTION 16. (a) The changes in law made by this Act to |
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Sections 1301.451 and 1301.452, Occupations Code, apply to a |
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violation that occurs on or after the effective date of this Act. A |
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violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date of the violation, and the |
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former law is continued in effect for that purpose. |
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(b) The change in law made by this Act to Section 1301.504, |
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Occupations Code, applies to an action commenced on or after the |
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effective date of this Act. An action commenced before the |
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effective date of this Act is governed by the law in effect on the |
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date the action was commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 17. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2009. |
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(b) Subsection (a), Section 1301.3565, Occupations Code, as |
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added by this Act, takes effect June 1, 2010. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1410 passed the Senate on |
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April 7, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 29, 2009, by the |
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following vote: Yeas 25, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1410 passed the House, with |
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amendments, on May 20, 2009, by the following vote: Yeas 136, |
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Nays 8, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |