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               AN ACT
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            relating to the continuation and functions of the Texas State Board  | 
         
         
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            of Plumbing Examiners; authorizing a fee. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Section 1301.002(9-a), Occupations Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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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 [; and | 
         
         
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                               [(E)  has completed a training program required by  | 
         
         
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            Section 1301.3576]. | 
         
         
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                   SECTION 2.  Section 1301.002(10), Occupations Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                         (10)  "Tradesman plumber-limited license holder" means  | 
         
         
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            a person who: | 
         
         
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                               (A)  has: | 
         
         
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                                     (i)  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; or | 
         
         
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                                     (ii)  successfully completed a coherent  | 
         
         
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            sequence of courses in the plumbing trade that are offered through a  | 
         
         
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            career and technology education program, as described by Section  | 
         
         
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            1301.3542; | 
         
         
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                               (B)  has passed the required examination; | 
         
         
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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 fulfilled the other requirements of the  | 
         
         
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            board. | 
         
         
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                   SECTION 3.  Section 1301.003, Occupations Code, is amended  | 
         
         
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            to read as follows: | 
         
         
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                   Sec. 1301.003.  APPLICATION OF SUNSET ACT.  The Texas State  | 
         
         
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            Board of Plumbing Examiners is subject to Chapter 325, Government  | 
         
         
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            Code (Texas Sunset Act).  Unless continued in existence as provided  | 
         
         
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            by that chapter, the board is abolished and this chapter expires  | 
         
         
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            September 1, 2027 [2019]. | 
         
         
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                   SECTION 4.  The heading to Section 1301.202, Occupations  | 
         
         
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            Code, is amended to read as follows: | 
         
         
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                   Sec. 1301.202.  CERTAIN PLUMBING EXAMINERS [EXAMINER]. | 
         
         
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                   SECTION 5.  Section 1301.202(a), Occupations Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (a)  If an examination required for the issuance of a  | 
         
         
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            license, registration, or endorsement under this chapter contains a  | 
         
         
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            practical component, the [The] board shall employ or contract with | 
         
         
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            one or more plumbing examiners to administer that portion of the  | 
         
         
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            examination.  [A plumbing examiner serves at the will of the board.]   | 
         
         
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            A plumbing examiner must: | 
         
         
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                         (1)  hold a license as a plumber issued under this  | 
         
         
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            chapter; | 
         
         
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                         (2)  be knowledgeable of this chapter and municipal  | 
         
         
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            ordinances relating to plumbing; and | 
         
         
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                         (3)  be qualified by experience and training in  | 
         
         
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            plumbing practice. | 
         
         
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                   SECTION 6.  Section 1301.203(b), Occupations Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (b)  A field representative may: | 
         
         
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                         (1)  conduct on-site license checks to determine  | 
         
         
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            compliance with this chapter; | 
         
         
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                         (2)  investigate consumer complaints filed under  | 
         
         
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            Section 1301.303; | 
         
         
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                         (3)  assist municipal plumbing inspectors in enforcing  | 
         
         
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            this chapter; and | 
         
         
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                         (4)  [issue citations as provided by Section 1301.502;  | 
         
         
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            and | 
         
         
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                         [(5)]  in the performance of the field representative's  | 
         
         
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            other duties under this chapter, check the license, registration,  | 
         
         
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            or endorsement of a person regulated by the Texas Department of  | 
         
         
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            Licensing and Regulation in accordance with the memorandum of  | 
         
         
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            understanding adopted under Section 1301.259 and report any  | 
         
         
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            noncompliance to that agency. | 
         
         
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                   SECTION 7.  Section 1301.203, Occupations Code, is amended  | 
         
         
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            by adding Subsection (c) to read as follows: | 
         
         
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                   (c)  The board by rule shall assign priorities and prescribe  | 
         
         
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            procedures for conducting checks described by Subsection (b)(1)  | 
         
         
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            based on: | 
         
         
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                         (1)  the degree of potential harm to public health,  | 
         
         
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            safety, or property; | 
         
         
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                         (2)  the history of previous violations of this chapter  | 
         
         
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            or a rule adopted under this chapter by a person regulated under  | 
         
         
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            this chapter; and | 
         
         
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                         (3)  any other indication of increased risk to public  | 
         
         
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            health, safety, or property, as determined by the board. | 
         
         
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                   SECTION 8.  Section 1301.258(b), Occupations Code, as added  | 
         
         
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            by Chapter 819 (S.B. 282), Acts of the 78th Legislature, Regular  | 
         
         
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            Session, 2003, is amended to read as follows: | 
         
         
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                   (b)  The presiding officer of the board shall appoint the  | 
         
         
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            members of the committees.  [Except as provided by Subsection (c),  | 
         
         
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            each committee member must be a member of the board.] | 
         
         
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                   SECTION 9.  Subchapter E, Chapter 1301, Occupations Code, is  | 
         
         
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            amended by adding Section 1301.263 to read as follows: | 
         
         
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                   Sec. 1301.263.  EXAMINATION ADMINISTRATION AND CONTENT.  (a)   | 
         
         
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            The board may adopt, recognize, develop, or contract for an  | 
         
         
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            examination required by this chapter, including the administration  | 
         
         
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            of the examination. | 
         
         
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                   (b)  For each examination required by this chapter, the board  | 
         
         
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            shall, to the extent feasible, adopt, recognize, develop, or  | 
         
         
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            contract for an examination that includes components that may be  | 
         
         
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            administered: | 
         
         
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                         (1)  in writing or online; and | 
         
         
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                         (2)  by a person other than a plumbing examiner  | 
         
         
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            described by Section 1301.202. | 
         
         
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                   (c)  The board shall determine the passing score for an  | 
         
         
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            examination required by this chapter. | 
         
         
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                   SECTION 10.  Section 1301.303(e), Occupations Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (e)  The board by rule shall assign priorities and prescribe  | 
         
         
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            investigative procedures for investigations of complaints based  | 
         
         
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            on: | 
         
         
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                         (1)  the severity of the conduct alleged in the  | 
         
         
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            complaint; [and] | 
         
         
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                         (2)  the degree of harm to public health, safety, or  | 
         
         
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            property; | 
         
         
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                         (3)  the history of previous violations of this chapter  | 
         
         
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            by the person who is the subject of the complaint; and | 
         
         
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                         (4)  any other indication of increased risk to public  | 
         
         
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            health, safety, or property, as determined by the board. | 
         
         
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                   SECTION 11.  Section 1301.304(a), Occupations Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (a)  The board [enforcement committee] or an employee  | 
         
         
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            designated by the board [enforcement committee] may investigate an  | 
         
         
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            alleged violation of this chapter or a board rule [that is reported  | 
         
         
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            to the board]. | 
         
         
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                   SECTION 12.  Subchapter F, Chapter 1301, Occupations Code,  | 
         
         
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            is amended by adding Section 1301.305 to read as follows: | 
         
         
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                   Sec. 1301.305.  PUBLIC ACCESS TO INFORMATION RELATING TO  | 
         
         
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            DISCIPLINARY ACTIONS.  (a)  The board shall make available to the  | 
         
         
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            public through a toll-free telephone number, Internet website, or  | 
         
         
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            other easily accessible medium determined by the board the  | 
         
         
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            following information relating to a disciplinary action taken  | 
         
         
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            regarding a person regulated under this chapter: | 
         
         
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                         (1)  the identity of the person; | 
         
         
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                         (2)  the nature of the complaint that was the basis of  | 
         
         
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            the disciplinary action; and | 
         
         
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                         (3)  the disciplinary action taken by the board. | 
         
         
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                   (b)  The board may not include the name of the person who  | 
         
         
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            filed the complaint in the information made available under  | 
         
         
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            Subsection (a). | 
         
         
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                   (c)  The board shall present the information made available  | 
         
         
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            under Subsection (a) in an impartial manner using commonly  | 
         
         
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            understood language. | 
         
         
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                   (d)  The board shall regularly update the information made  | 
         
         
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            available under this section. | 
         
         
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                   SECTION 13.  Subchapter G, Chapter 1301, Occupations Code,  | 
         
         
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            is amended by adding Section 1301.3515 to read as follows: | 
         
         
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                   Sec. 1301.3515.  CRIMINAL HISTORY RECORD INFORMATION FOR  | 
         
         
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            LICENSE ISSUANCE.  (a)  The board shall require that an applicant  | 
         
         
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            for a license submit a complete and legible set of fingerprints, on  | 
         
         
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            a form prescribed by the board, to the board or to the Department of  | 
         
         
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            Public Safety for the purpose of obtaining criminal history record  | 
         
         
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            information from the Department of Public Safety and the Federal  | 
         
         
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            Bureau of Investigation. | 
         
         
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                   (b)  The board may not issue a license to a person who does  | 
         
         
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            not comply with the requirement of Subsection (a). | 
         
         
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                   (c)  The board shall conduct a criminal history record  | 
         
         
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            information check of each applicant for a license using  | 
         
         
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            information: | 
         
         
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                         (1)  provided by the individual under this section; and | 
         
         
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                         (2)  made available to the department by the Department  | 
         
         
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            of Public Safety, the Federal Bureau of Investigation, and any  | 
         
         
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            other criminal justice agency under Chapter 411, Government Code. | 
         
         
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                   (d)  The board may: | 
         
         
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                         (1)  enter into an agreement with the Department of  | 
         
         
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            Public Safety to administer a criminal history record information  | 
         
         
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            check required under this section; and | 
         
         
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                         (2)  authorize the Department of Public Safety to  | 
         
         
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            collect from each applicant the costs incurred by the Department of  | 
         
         
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            Public Safety in conducting the criminal history record information  | 
         
         
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            check. | 
         
         
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                   SECTION 14.  Subchapter G, Chapter 1301, Occupations Code,  | 
         
         
            | 
                
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            is amended by adding Section 1301.3542 to read as follows: | 
         
         
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                   Sec. 1301.3542.  CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR  | 
         
         
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            TRADESMAN PLUMBER-LIMITED LICENSE; INSTRUCTORS.  (a)   | 
         
         
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            Notwithstanding Section 1301.354, a person who successfully  | 
         
         
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            completes a coherent sequence of courses in the plumbing trade that  | 
         
         
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            are offered through a career and technology education program may  | 
         
         
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            apply for and take an examination for a license as a tradesman  | 
         
         
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            plumber-limited license holder.  The board may not require the  | 
         
         
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            person to register as a plumber's apprentice, pay any fee, or comply  | 
         
         
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            with Section 1301.354 or any other requirement of this chapter that  | 
         
         
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            applies to a person's eligibility to apply for and take the  | 
         
         
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            examination. | 
         
         
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                   (b)  A student of any age enrolled in a high school or  | 
         
         
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            institution of higher education is eligible to take the sequence of  | 
         
         
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            courses described by Subsection (a) without registering as a  | 
         
         
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            plumber's apprentice, paying any registration fee to the board, or  | 
         
         
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            complying with Section 1301.354 or any other requirement of this  | 
         
         
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            chapter that applies to enrolling or participating in those  | 
         
         
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            courses. | 
         
         
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                   (c)  If an applicant described by Subsection (a)  | 
         
         
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            successfully passes the examination for a license as a tradesman  | 
         
         
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            plumber-limited license holder, the board shall issue the applicant  | 
         
         
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            the license. | 
         
         
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                   (d)  The board shall develop the courses described by  | 
         
         
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            Subsection (a).  If the courses are to be offered at a high school,  | 
         
         
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            the courses must be approved by the State Board of Education. | 
         
         
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                   (e)  The courses must include an appropriate number of hours  | 
         
         
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            of classroom instruction and a practical component.  The board may  | 
         
         
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            credit on-the-job training toward meeting the requirements under  | 
         
         
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            the practical component. | 
         
         
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                   (f)  A person may not provide instruction in a career and  | 
         
         
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			 | 
            technology education program described by this section unless the  | 
         
         
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            person is licensed under this chapter as a master plumber,  | 
         
         
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			 | 
            journeyman plumber, or plumbing inspector. | 
         
         
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                   (g)  A person described by Subsection (f) may provide the  | 
         
         
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            instruction in a full-time or part-time capacity as an employee,  | 
         
         
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			 | 
            contractor, or volunteer of a high school or institution of higher  | 
         
         
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            education.  | 
         
         
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                   (h)  The board may adopt rules necessary to implement this  | 
         
         
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            section, including procedures to verify a student's successful  | 
         
         
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            completion of the sequence of courses described by Subsection (a). | 
         
         
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                   (i)  In this section: | 
         
         
            | 
                
			 | 
                         (1)  "Career and technology education program" means a  | 
         
         
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			 | 
            career and technology education program under Subchapter F, Chapter  | 
         
         
            | 
                
			 | 
            29, Education Code, or similar program offered by an institution of  | 
         
         
            | 
                
			 | 
            higher education. | 
         
         
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                         (2)  "Institution of higher education" means an  | 
         
         
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			 | 
            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  | 
         
         
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			 | 
            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  | 
         
         
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            jurisdiction that has licensing requirements substantially  | 
         
         
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            equivalent to those of this state. | 
         
         
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                   (b)  The board may make an agreement, subject to the approval  | 
         
         
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            of the governor, with another state to allow for licensing by  | 
         
         
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			 | 
            reciprocity if the other state has requirements for a license,  | 
         
         
            | 
                
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            registration, or endorsement substantially equivalent to those of  | 
         
         
            | 
                
			 | 
            this state. | 
         
         
            | 
                
			 | 
                   (c)  An applicant under this section must: | 
         
         
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                         (1)  apply in the same manner and form as any other  | 
         
         
            | 
                
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            applicant under this chapter; and | 
         
         
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			 | 
                         (2)  provide the board with documents and other  | 
         
         
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            evidence that substantiate the applicant's qualifications. | 
         
         
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			 | 
                   (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  | 
         
         
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            information check based on the person's name or fingerprints on  | 
         
         
            | 
                
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            submission of the person's initial license application; and | 
         
         
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                         (2)  September 1, 2025, the Texas State Board of  | 
         
         
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            Plumbing Examiners shall obtain criminal history record  | 
         
         
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            information using a person's fingerprints on each person who: | 
         
         
            | 
                
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                               (A)  on September 1, 2021, holds a license issued  | 
         
         
            | 
                
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            under Chapter 1301, Occupations Code; and | 
         
         
            | 
                
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                               (B)  did not undergo a criminal history record  | 
         
         
            | 
                
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            information check based on the person's fingerprints on submission  | 
         
         
            | 
                
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            of the person's initial license application. | 
         
         
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                   (b)  The Texas State Board of Plumbing Examiners may suspend  | 
         
         
            | 
                
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            the license of a person who holds a license under Chapter 1301,  | 
         
         
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            Occupations Code, who does not comply with a request by the board to  | 
         
         
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            provide information or fingerprints, in a form and manner  | 
         
         
            | 
                
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            prescribed by the board, that would enable the board to obtain  | 
         
         
            | 
                
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            criminal history record information as required by this section. | 
         
         
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                   SECTION 34.  Notwithstanding Section 1301.003, Occupations  | 
         
         
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            Code, it is the intent of the legislature in enacting this Act to  | 
         
         
            | 
                
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            amend Chapter 1301, Occupations Code, as that chapter was continued  | 
         
         
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            in existence by Executive Order No. GA-06. | 
         
         
            | 
                
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                   SECTION 35.  As soon as practicable after the effective date  | 
         
         
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            of this Act, the board shall adopt rules necessary to implement the  | 
         
         
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            changes in law made by this Act to Chapter 1301, Occupations Code. | 
         
         
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                   SECTION 36.  The change in law made by this Act to Section  | 
         
         
            | 
                
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            1301.452, Occupations Code, applies only to conduct that occurs on  | 
         
         
            | 
                
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            or after the effective date of this Act.  Conduct that occurs before  | 
         
         
            | 
                
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            that date is governed by the law in effect on the date the conduct  | 
         
         
            | 
                
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            occurred, and the former law is continued in effect for that  | 
         
         
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            purpose. | 
         
         
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                   SECTION 37.  This Act takes effect immediately if it  | 
         
         
            | 
                
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            receives a vote of two-thirds of all the members elected to each  | 
         
         
            | 
                
			 | 
            house, as provided by Section 39, Article III, Texas Constitution.   | 
         
         
            | 
                
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            If this Act does not receive the vote necessary for immediate  | 
         
         
            | 
                
			 | 
            effect, this Act takes effect September 1, 2021. | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
            ______________________________ | 
         
         
            |   | 
               President of the Senate | 
            Speaker of the House      | 
         
         
            |   | 
         
         
            |   | 
         
         
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                   I certify that H.B. No. 636 was passed by the House on April  | 
         
         
            | 
                		
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            14, 2021, by the following vote:  Yeas 143, Nays 4, 1 present, not  | 
         
         
            | 
                		
			 | 
            voting. | 
         
         
            | 
                		
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             | 
         
         
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            ______________________________ | 
         
         
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            Chief Clerk of the House    | 
         
         
            |   | 
         
         
            |   | 
         
         
            | 
                		
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                   I certify that H.B. No. 636 was passed by the Senate on May  | 
         
         
            | 
                		
			 | 
            13, 2021, by the following vote:  Yeas 28, Nays 2. | 
         
         
            | 
                		
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             | 
         
         
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            ______________________________ | 
         
         
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            Secretary of the Senate     | 
         
         
            | 
                		
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            APPROVED:  _____________________ | 
         
         
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                               Date           | 
         
         
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              | 
         
         
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                      _____________________ | 
         
         
            | 
                		
			 | 
                             Governor        |