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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of plumbing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 1301.002(11) and (12), Occupations |
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Code, are amended to read as follows: |
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(11) "Water supply protection specialist" means a |
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person who holds an endorsement issued by the board to engage in: |
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(A) customer service inspections, as defined by |
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rule of the Texas Commission on Environmental Quality; and |
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(B) the installation, service, and repair of |
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plumbing associated with the treatment, use, and distribution use |
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of rainwater to supply a plumbing fixture or [,] appliance[, or
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irrigation system]. |
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(12) "Water treatment" means a business conducted |
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under contract that requires ability, experience, and skill in |
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analyzing water to determine how to treat influent and effluent |
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water to change or purify the water or to add or remove minerals, |
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chemicals, or bacteria. The term does not include treatment of |
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rainwater or the repair of systems for rainwater harvesting. The |
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term includes: |
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(A) installing and servicing fixed or portable |
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water treatment equipment in a public or private water treatment |
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system; or |
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(B) making connections necessary to install a |
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water treatment system. |
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SECTION 2. Section 1301.053(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person is not required to be licensed under this |
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chapter to perform: |
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(1) plumbing incidental to and in connection with the |
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business in which the person is employed or engaged if the person: |
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(A) is regularly employed as or acting as a |
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maintenance person or maintenance engineer; and |
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(B) does not engage in plumbing for the public; |
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(2) construction, installation, or maintenance on the |
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premises or equipment of a railroad if the person is an employee of |
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the railroad who does not engage in plumbing for the public; |
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(3) plumbing if the person is engaged by a public |
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service company to: |
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(A) lay, maintain, or operate its service mains |
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or lines to the point of measurement; and |
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(B) install, change, adjust, repair, remove, or |
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renovate appurtenances, equipment, or appliances; |
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(4) appliance installation and service work, other |
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than installation and service work on water heaters, that involves |
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connecting appliances to existing openings with a code-approved |
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appliance connector if the person performs the work as an appliance |
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dealer or an employee of an appliance dealer; or |
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(5) water treatment installations, exchanges, |
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services, or repairs, other than the treatment of rainwater to |
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supply a plumbing fixture or appliance. |
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SECTION 3. Section 1301.302, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A |
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written proposal, invoice, or contract relating to plumbing |
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services performed by or under the direction of a plumber licensed |
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under this chapter must contain the name and license number of the |
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responsible master plumber and the name, mailing address, and |
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telephone number of the board. The person who performed the |
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services shall give the customer an invoice or completed contract |
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document on completion of the job, regardless of whether the person |
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charged a fee for performing the services. |
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SECTION 4. Section 1301.303(a), Occupations Code, is |
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amended to read as follows: |
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(a) The board may investigate an alleged violation of this |
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chapter by a person who: |
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(1) is licensed under this chapter; [or] |
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(2) is the owner of a plumbing company subject to this |
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chapter; or |
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(3) performs plumbing without holding a license under |
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this chapter. |
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SECTION 5. Section 1301.351, Occupations Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) A person who holds a license or registration issued |
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under this chapter shall carry the license or registration on his or |
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her person while engaged in plumbing. |
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SECTION 6. Section 1301.354(d), Occupations Code, is |
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amended to read as follows: |
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(d) A [Notwithstanding the classroom training required by
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Subsection (b), a] plumber's apprentice may apply for and take an |
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examination for a license as a journeyman plumber [or tradesman
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plumber-limited license holder] if the apprentice has received an |
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associate of applied science degree from a plumbing technology |
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program [that]: |
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(1) that includes a combination of classroom and |
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on-the-job training; [and] |
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(2) in which all laboratory training in plumbing is |
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taught by a licensed plumber; and |
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(3) that is approved by [the board and] the Texas |
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Higher Education Coordinating Board. |
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SECTION 7. Sections 1301.551(c) and (g), Occupations Code, |
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are amended to read as follows: |
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(c) A municipality that adopts an ordinance or bylaw under |
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this section shall provide by ordinance or bylaw that a person must |
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obtain a permit before the person performs plumbing, other than the |
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repairing of leaks, the replacement of lavatory or kitchen faucets, |
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the replacement of ballcocks or water control valves, the |
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replacement of garbage disposals, or the replacement of water |
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closets. The municipality may prescribe the terms on which the |
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permit is issued. |
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(g) A responsible master plumber, plumbing contractor, or |
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other person who is required to obtain a permit under this section |
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is not required to pay a plumbing registration fee or |
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administrative fee in a municipality or any other political |
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subdivision. |
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SECTION 8. Section 1301.354(b-1), Occupations Code, is |
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repealed. |
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SECTION 9. |
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Section 1301.354, Occupations Code, as amended |
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by this Act, applies only to an application for a journeyman plumber |
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license under Section 1301.354, Occupations Code, submitted on or |
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after January 1, 2014. An application for a journeyman plumber |
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license submitted before that date is governed by the law in effect |
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when the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 10. The changes in law made by this Act apply only |
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to services performed on or after the effective date of this Act. |
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Services performed before the effective date of this Act are |
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governed by the law in effect on the date the services were |
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performed, and the former law is continued in effect for that |
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purpose. |
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SECTION 11. This Act takes effect September 1, 2013. |