HBA-NRS C.S.H.B. 1505 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1505
By: Yarbrough
Licensing & Administrative Procedures
4/10/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Plumbing License Law (law) is a comprehensive licensing and regulatory
act for the plumbing profession. To reflect the growing changes within the
profession of plumbing, certain provisions within the law need to be
updated. C.S.H.B. 1505 updates The Plumbing License Law, creates new
programs, and expands the authority of the Texas State Board of Plumbing
Examiners to better regulate the plumbing profession. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Plumbing
Examiners in SECTION 5 (Section 5, Article 6243-101, V.T.C.S.), SECTION 11
(Section 8C, Article 6243-101, V.T.C.S.), SECTION 14 (Section 12, Article
6243-101, V.T.C.S.), and SECTION 24. 

ANALYSIS

C.S.H.B. 1505 amends The Plumbing License Law (law) relating to the
regulation of the plumbing profession.  The bill creates an apprenticeship
program for persons wishing to become a journeyman plumber and requires
such persons to register with the Texas State Board of Plumbing Examiners
(board) (SECTION 13). The bill establishes a tradesman plumbing-limited
license for persons registered as apprentices and who have completed at
least 4,000 hours of apprenticeship work required for a journeyman plumber
license (SECTIONS 1 and 5). 

The bill creates a registration system for persons who perform
plumbing-related work but do not qualify or wish to become a licensed
plumber.  Such persons include residential utilities installers, drain
cleaners, or restricted drain cleaners. The bill requires the board to
register such persons if they comply with this law (SECTIONS 5 and 8). 

C.S.H.B. 1505 provides the board with express authority to adopt rules and
take other actions as the board deems necessary to administer this law
including  provisions relating to the new classes of registrants and
licensees (SECTIONS 5, 9, 11, and 14).  The bill requires that no person,
whether as a tradesman plumber-limited licensee, plumber's apprentice,
residential utilities installer, drain cleaner, drain cleanerrestricted
registrant or otherwise to engage in, work at, or conduct the business of
plumbing in this state or serve as a plumbing inspector unless the such a
person is the holder of a valid license, endorsement, or registration
(SECTION 16). The bill authorizes the board to appoint advisory committees
as it considers necessary (SECTION 5).  The bill authorizes the board to
monitor insurance requirements for master plumbers and requires, rather
than authorizes, the board to recognize, approve, and administer continuing
education programs for licensees and endorsees (SECTIONS 5 and 17). 

C.S.H.B. 1505 also requires municipal plumbing inspections to be performed
by licensed inspectors and provides that if the boundaries of a
municipality and a municipal utility district overlap, only the affected
municipality may perform a plumbing inspection and collect a permit fee
(SECTION 17).  The bill requires the board to adopt the required rules
necessary to implement this law no later than January 1, 2002  (SECTION
24).  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1505 modifies the original bill by changing the title of
journeyman plumber-restricted licensee to tradesman plumber-limited
licensee (SECTIONS 1, 5, 8, and 13). The substitute exempts the
verification of medical gas and vacuum piping integrity and content from
work requiring a plumbing license (SECTION 3). The substitute clarifies
that a plumbing inspector who has a medical gas endorsement may inspect
medical gas installations (SECTION 11). The substitute requires that no
person is to engage in, work at, or conduct the business of plumbing in
this state or serve as a plumbing inspector unless the person is the holder
of a valid license, endorsement, or registration (SECTION 16).