CHAPTER 1301. PLUMBERS
OCCUPATIONS CODE
TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES
CHAPTER 1301. PLUMBERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1301.001. SHORT TITLE. This chapter may be cited as the
Plumbing License Law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas State Board of Plumbing Examiners.
(1-a) "Executive director" means the executive director of the
Texas State Board of Plumbing Examiners.
(2) "Drain cleaner" means a person who:
(A) has completed at least 4,000 hours working under the
supervision of a master plumber as a drain cleaner-restricted
registrant;
(B) has fulfilled the requirements of and is registered with the
board; and
(C) installs cleanouts and removes and resets p-traps to
eliminate obstructions in building drains and sewers under the
supervision of a responsible master plumber.
(3) "Drain cleaner-restricted registrant" means a person who:
(A) has worked as a plumber's apprentice under the supervision
of a master plumber;
(B) has fulfilled the requirements of and is registered with the
board; and
(C) clears obstructions in sewer and drain lines through any
code-approved existing opening under the supervision of a
responsible master plumber.
(4) "Journeyman plumber" means a person licensed under this
chapter who:
(A) has met the qualifications for registration as a plumber's
apprentice or for licensing as a tradesman plumber-limited
license holder;
(B) has completed at least 8,000 hours working under the
supervision of a master plumber;
(C) installs, changes, repairs, services, or renovates plumbing
or supervises any of those activities under the supervision of a
responsible master plumber;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the board.
Text of subdivision as amended by Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 1
(5) "Master plumber" means a person licensed under this chapter
who:
(A) is skilled in the planning and superintending of plumbing
and in the practical installation, repair, and servicing of
plumbing;
(B) is knowledgeable about the codes, ordinances, or rules
governing the activities described by Paragraph (A);
(C) performs or supervises plumbing work; and
(D) has passed the required examination and fulfilled the other
requirements of the board.
Text of subdivision as amended by Acts 2009, 81st Leg., R.S., Ch.
1380, Sec. 1
(5) "Master plumber" means a person licensed under this chapter
who:
(A) is skilled in the design, planning, and superintending of
plumbing and in the practical installation, repair, and servicing
of plumbing;
(B) has worked as a journeyman plumber:
(i) for at least four years; or
(ii) for at least one year and has successfully completed a
training program approved by the United States Department of
Labor Office of Apprenticeship or another nationally recognized
apprentice training program accepted by the board;
(C) performs or supervises plumbing work;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the board.
(5-a) "Multipurpose residential fire protection sprinkler
specialist" means a person who holds an endorsement issued under
Section 1301.3565.
(6) "Plumber's apprentice" means a person other than a master
plumber, journeyman plumber, or tradesman plumber-limited license
holder who, as the person's principal occupation, learns about
and assists in the installation of plumbing, has fulfilled the
requirements of and is registered by the board, and works under
the supervision of a responsible master plumber and the direct
supervision of a licensed plumber.
(7) "Plumbing" means:
(A) a fixture, appurtenance, appliance, or piping, including a
disposal system, used to:
(i) supply, distribute, circulate, or recirculate water, other
liquid, or gas; or
(ii) eliminate sewage for a personal or domestic purpose;
(B) a fixture, appurtenance, appliance, or piping used outside a
building to connect the building to:
(i) a supply of water, other liquid, medical gases and vacuum,
or other gas on the premises; or
(ii) the main in the street or alley or at the curb;
(C) a fixture, appurtenance, appliance, or piping, including a
drain or waste pipe, used to carry wastewater or sewage from or
within a building to:
(i) a sewer service lateral at the curb or in the street or
alley; or
(ii) a disposal or septic terminal that holds private or
domestic sewage; or
(D) the installation, repair, service, or maintenance of a
fixture, appurtenance, appliance, or piping described by
Paragraph (A), (B), or (C).
(8) "Plumbing inspector" means a person who:
(A) is employed by a political subdivision or state agency, or
contracts as an independent contractor with a political
subdivision or state agency, to inspect plumbing in connection
with health and safety laws, including ordinances, and plumbing
and gas codes;
(B) has passed the required examination; and
(C) has fulfilled the other requirements of the board.
(9) "Residential utilities installer" means a person who:
(A) has completed at least 2,000 hours working under the
supervision of a master plumber as a plumber's apprentice;
(B) has fulfilled the requirements of and is registered with the
board; and
(C) constructs and installs yard water service piping for
one-family or two-family dwellings and building sewers under the
supervision of a responsible master plumber.
(9-a) "Responsible master plumber" means a person licensed as a
master plumber under this chapter who:
(A) allows the person's master plumber license to be used by one
plumbing company for the purpose of offering and performing
plumbing work under the person's master plumber license;
(B) is authorized to obtain permits for plumbing work;
(C) assumes responsibility for plumbing work performed under the
person's license; and
(D) has submitted a certificate of insurance as required by
Section 1301.3576.
Text of subdivision as amended by Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 1
(10) "Tradesman plumber-limited license holder" means a person
who:
(A) has completed at least 4,000 hours working under the direct
supervision of a journeyman or master plumber as a plumber's
apprentice;
(B) has passed the required examination and fulfilled the other
requirements of the board; and
(C) constructs and installs plumbing for one-family or
two-family dwellings under the supervision of a responsible
master plumber.
Text of subdivision as amended by Acts 2009, 81st Leg., R.S., Ch.
1380, Sec. 1
(10) "Tradesman plumber-limited license holder" means a person
who:
(A) has completed at least 4,000 hours working under the direct
supervision of a journeyman or master plumber as a plumber's
apprentice;
(B) has passed the required examination;
(C) constructs and installs plumbing for one-family or
two-family dwellings;
(D) has not met or attempted to meet the qualifications for a
journeyman plumber license; and
(E) has fulfilled the other requirements of the board.
(11) "Water supply protection specialist" means a person who
holds an endorsement issued by the board to engage in the
inspection, in connection with health and safety laws, including
ordinances, of:
(A) the plumbing of a public water system distribution facility;
or
(B) customer-owned plumbing connected to the water distribution
lines of a public water system.
(12) "Water treatment" means a business conducted under contract
that requires ability, experience, and skill in analyzing water
to determine how to treat influent and effluent water to change
or purify the water or to add or remove minerals, chemicals, or
bacteria. The term includes:
(A) installing and servicing fixed or portable water treatment
equipment in a public or private water treatment system; or
(B) making connections necessary to install a water treatment
system.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 1(a), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.301(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1380, Sec. 1, eff. September 1, 2009.
Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State Board
of Plumbing Examiners is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2015.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 2, eff.
Sept. 1, 2003.
Sec. 1301.004. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF
CERTAIN TRANSACTIONS. Except as otherwise provided by this
section, Chapter 601, Business & Commerce Code, does not
apply to a good or service provided by a license holder under
this chapter if the transaction involving the good or service is
initiated by the consumer. Chapter 601, Business & Commerce
Code, does apply to a transaction that involves a breach of
express warranty or a negligent installation in violation of a
building code applicable to the good or service sold to the
consumer.
Added by Acts 2009, 81st Leg., R.S., Ch.
937, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. EXEMPTIONS
Sec. 1301.051. PLUMBING BY PROPERTY OWNER IN HOMESTEAD. A
property owner is not required to be licensed under this chapter
to perform plumbing in the property owner's homestead.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.052. WORK INSIDE COUNTIES OR INSIDE OR OUTSIDE
MUNICIPALITIES. A person is not required to be licensed under
this chapter to perform plumbing, other than plumbing performed
in conjunction with new construction, repair, or remodeling, on a
property that is:
(1) located in a subdivision or on a tract of land that is not
required to be platted under Section 232.0015, Local Government
Code;
(2) not connected to a public water system and is located
outside a municipality;
(3) located outside a municipality and connected to a public
water system that does not require a license to perform plumbing;
or
(4) located inside a municipality that is within a county that
has fewer than 50,000 inhabitants and that:
(A) has fewer than 5,000 inhabitants; and
(B) by municipal ordinance has authorized a person who is not
licensed under this chapter to perform plumbing.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 3(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1380, Sec. 2, eff. September 1, 2009.
Sec. 1301.053. WORK INCIDENTAL TO OTHER PROFESSIONS. (a) A
person is not required to be licensed under this chapter to
perform:
(1) plumbing incidental to and in connection with the business
in which the person is employed or engaged if the person:
(A) is regularly employed as or acting as a maintenance person
or maintenance engineer; and
(B) does not engage in plumbing for the public;
(2) construction, installation, or maintenance on the premises
or equipment of a railroad if the person is an employee of the
railroad who does not engage in plumbing for the public;
(3) plumbing if the person is engaged by a public service
company to:
(A) lay, maintain, or operate its service mains or lines to the
point of measurement; and
(B) install, change, adjust, repair, remove, or renovate
appurtenances, equipment, or appliances;
(4) appliance installation and service work, other than
installation and service work on water heaters, that involves
connecting appliances to existing openings with a code-approved
appliance connector if the person performs the work as an
appliance dealer or an employee of an appliance dealer; or
(5) water treatment installations, exchanges, services, or
repairs.
(b) Work described by this section is subject to inspection and
approval as provided by applicable state law or municipal
ordinance.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1380, Sec. 3, eff. September 1, 2009.
Sec. 1301.054. IRRIGATORS AND WATER WELL PUMP INSTALLERS. A
person is not required to be licensed under this chapter to
perform plumbing if the person holds a:
(1) certificate of registration as an irrigator issued under
Chapter 1903; or
(2) license as a water well pump installer issued under Chapter
1902.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.055. LP GAS INSTALLERS. A person is not required to
be licensed under this chapter to perform LPG system installation
if the person performs the LPG system installation as an LP gas
installer licensed under Subchapter D, Chapter 113, Natural
Resources Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a),
eff. Sept. 1, 2003.
Sec. 1301.056. LAWN IRRIGATION SYSTEMS. A person licensed by
the board is not required to be licensed by another board or
agency to install or work on a lawn irrigation system.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.057. SELF-HELP PROJECT. (a) A person is not required
to be licensed under this chapter to perform plumbing, limited to
the provision of a residential potable water supply or
residential sanitary sewer connection, for a project that:
(1) is in a county a part of which is within 50 miles of an
international border; and
(2) is performed by an organization that:
(A) is certified by the Texas Natural Resource Conservation
Commission to provide self-help project assistance; and
(B) provides the board with the following information before the
30th day before the date the project begins:
(i) the exact location of the project;
(ii) the intended duration of the project; and
(iii) other information the board requires.
(b) The board may require under Subsection (a)(2)(B)(iii) that
the organization provide a post-construction report signed by a
plumbing inspector stating that the plumbing is safe.
(c) The board may provide training to an organization that
provides self-help project assistance under this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.058. TESTING OF MEDICAL GAS AND VACUUM PIPING. A
person is not required to be licensed under this chapter to
verify medical gas and vacuum piping integrity and content.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a), eff.
Sept. 1, 2003.
SUBCHAPTER C. TEXAS STATE BOARD OF PLUMBING EXAMINERS
Sec. 1301.151. TEXAS STATE BOARD OF PLUMBING EXAMINERS
MEMBERSHIP. (a) The Texas State Board of Plumbing Examiners
consists of nine members appointed by the governor with the
advice and consent of the senate as follows:
(1) one member who has at least 10 years' practical experience
and is licensed as a master plumber;
(2) one member who has at least five years' practical experience
and is licensed as a journeyman plumber;
(3) one member who has at least five years' practical experience
and is licensed as a plumbing inspector;
(4) one member who is a plumbing contractor with at least five
years' experience;
(5) one member who is a licensed engineer;
(6) two members who are building contractors with at least five
years' contracting experience, one of whom is principally engaged
in home building and one of whom is principally engaged in
commercial building; and
(7) two members who represent the public.
(b) Each member of the board must be a United States citizen.
(c) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 4, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.304(a),
eff. Sept. 1, 2003.
Sec. 1301.152. ELIGIBILITY OF PUBLIC MEMBERS. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is licensed by an occupational regulatory agency in the
building construction industry;
(2) is employed by or participates in the management of an
agency or business entity related to the building construction
industry; or
(3) has, other than as a consumer, a financial interest in a
business entity related to the building construction industry.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.153. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of building construction; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of building
construction.
(c) A person may not be a member of the board or act as the
general counsel to the board or the agency if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on
behalf of a profession related to the operation of the agency.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 5, eff.
Sept. 1, 2003.
Sec. 1301.154. TERMS. Board members serve staggered six-year
terms.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.155. ISSUANCE OF COMMISSION. On presentation of the
constitutional oath of office and a certificate of appointment,
the secretary of state shall issue a commission to a board member
as evidence of the person's authority to act as a board member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.156. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 1301.151 or 1301.152;
(2) does not maintain during service on the board the
qualifications required by Section 1301.151 or 1301.152;
(3) is ineligible for membership under Section 1301.153;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 6, eff.
Sept. 1, 2003.
Sec. 1301.157. OFFICERS. (a) The governor shall designate a
member of the board as the presiding officer of the board to
serve in that capacity at the pleasure of the governor.
(b) The board shall elect a secretary from its membership.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 7, eff.
Sept. 1, 2003.
Sec. 1301.158. PER DIEM; REIMBURSEMENT. (a) A board member may
not receive a fixed salary for service on the board.
(b) A board member is entitled to receive a per diem as set by
the General Appropriations Act for each day the member engages in
the business of the board.
(c) A board member may not receive reimbursement for travel
expenses, including expenses for meals and lodging, other than
transportation expenses. A member is entitled to reimbursement
for transportation expenses as provided by the General
Appropriations Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.159. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the agency;
(3) the role and functions of the agency;
(4) the rules of the agency, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the agency;
(6) the results of the most recent formal audit of the agency;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the agency or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 8, eff. Sept. 1,
2003.
SUBCHAPTER D. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
Sec. 1301.201. EXECUTIVE DIRECTOR AND STAFF. (a) The board
shall employ an executive director as the executive head of the
agency.
(b) The board may employ personnel as necessary to administer
this chapter. The board may determine the compensation and duties
of its employees and the terms of their employment.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 10, eff.
Sept. 1, 2003.
Sec. 1301.202. PLUMBING EXAMINER. (a) The board shall employ
one or more plumbing examiners. A plumbing examiner serves at the
will of the board.
(b) A plumbing examiner shall:
(1) examine the fitness and qualifications of a person applying
to the board for a license as a master plumber, journeyman
plumber, tradesman plumber-limited license holder, or plumbing
inspector; and
(2) promptly certify the result of the examination to the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.305(a),
eff. Sept. 1, 2003.
Sec. 1301.203. FIELD REPRESENTATIVE; INSPECTIONS. (a) The
board may employ a field representative to assist the board in
enforcing this chapter and rules adopted under this chapter. A
field representative must:
(1) hold a license as a plumber under this chapter;
(2) be knowledgeable of this chapter and municipal ordinances
relating to plumbing; and
(3) be qualified by experience and training in plumbing
practice.
(b) A field representative may:
(1) conduct on-site license checks to determine compliance with
this chapter;
(2) investigate consumer complaints filed under Section
1301.303;
(3) assist municipal plumbing inspectors in enforcing this
chapter;
(4) issue citations as provided by Section 1301.502; and
(5) in the performance of the field representative's other
duties under this chapter, check the license, registration, or
endorsement of a person regulated by the Texas Department of
Licensing and Regulation in accordance with the memorandum of
understanding adopted under Section 1301.259 and report any
noncompliance to that agency.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 11, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1380, Sec. 4, eff. September 1, 2009.
Sec. 1301.204. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The presiding officer of the board or the presiding
officer's designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of each
nonentry level position at least 10 days before the date of any
public posting.
(b) The presiding officer of the board or the presiding
officer's designee shall develop a system of annual performance
evaluations based on measurable job tasks. All merit pay for
board employees must be based on the system established under
this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.205. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the agency to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
agency's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1,
2003.
Sec. 1301.207. STANDARDS OF CONDUCT. The executive director or
the executive director's designee shall provide to members of the
board and to agency employees, as often as necessary, information
regarding the requirements for office or employment under this
chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1,
2003.
Sec. 1301.208. SEPARATION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
agency.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1,
2003.
SUBCHAPTER E. BOARD POWERS AND DUTIES
Sec. 1301.251. GENERAL DUTIES OF BOARD. The board shall:
(1) administer this chapter;
(2) adopt and enforce rules necessary to administer this
chapter; and
(3) keep a record of each proceeding conducted before and action
taken by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.252. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt a rule restricting
advertising or competitive bidding by a person licensed under
this chapter except to prohibit false, misleading, or deceptive
practices by the person.
(b) The board may not include in its rules to prohibit false,
misleading, or deceptive practices a rule that:
(1) restricts the person's use of any medium for advertising;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.253. FEES. The board shall set fees in amounts that
are reasonable and necessary to cover the cost of administering
this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.254. SEAL. The board shall have an official seal.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.255. ADOPTION OF PLUMBING CODES. (a) The board shall
adopt the following plumbing codes, as those codes existed on May
31, 2001:
(1) the Uniform Plumbing Code, as published by the International
Association of Plumbing and Mechanical Officials; and
(2) the International Plumbing Code, as published by the
International Code Council.
(b) The board by rule may adopt later editions of the plumbing
codes listed in Subsection (a).
(c) Plumbing installed in an area not otherwise subject to
regulation under this chapter by a person licensed under this
chapter must be installed in accordance with a plumbing code
adopted by the board under Subsection (a) or (b).
(d) In adopting a code for the design, installation, and
maintenance of a plumbing system under this section, a
municipality or an owner of a public water system may amend any
provisions of the code to conform to local concerns that do not
substantially vary from board rules or other rules of this state.
(e) Plumbing installed in compliance with a code adopted under
Subsection (a), (b), or (d) must be inspected by a plumbing
inspector. To perform the inspection, the political subdivision
may contract with any plumbing inspector or qualified plumbing
inspection business, as determined by the political subdivision,
that is paid directly by the political subdivision.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.306(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1212, Sec. 1, eff. September 1, 2007.
Sec. 1301.256. SUBPOENA. (a) The board may request and, if
necessary, compel by subpoena:
(1) the attendance of a witness for examination under oath; and
(2) the production for inspection and copying of records,
documents, and other evidence relevant to the investigation of an
alleged violation of this chapter.
(b) The board, acting through the attorney general, may bring an
action to enforce a subpoena issued under Subsection (a) against
a person who fails to comply with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) any county in which the board may hold a hearing.
(d) The court shall order compliance with the subpoena if the
court finds that good cause exists to issue the subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Text of section as added by Acts 2003, 78th Leg., ch. 1276, Sec.
14A.305(b)
For text of section as added by Acts 2003, 78th Leg., ch. 819,
Sec. 13, see Sec. 1301.258, ante.
Sec. 1301.258. ADVISORY COMMITTEES. The board may appoint
advisory committees as it considers necessary. An ordinary
committee shall serve without compensation or reimbursement and
is subject to Section 2110.008, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.305(b), eff.
Sept. 1, 2003.
Text of section as added by Acts 2003, 78th Leg., ch. 819, Sec.
13
For text of section as added by Acts 2003, 78th Leg., ch. 1276,
Sec. 14A.305(b), see Sec. 1301.258, post.
Sec. 1301.258. BOARD COMMITTEES. (a) The board may create
committees to assist the board in exercising its powers and
duties.
(b) The presiding officer of the board shall appoint the members
of the committees. Except as provided by Subsection (c), each
committee member must be a member of the board.
(c) The presiding officer may appoint only members of the agency
staff to an enforcement committee that reviews complaints and
license registration and reviews endorsement applications
submitted by applicants who have a criminal conviction history
affected by Chapter 53.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1,
2003.
Sec. 1301.259. MEMORANDUM OF UNDERSTANDING. (a) The board and
the Texas Department of Licensing and Regulation shall enter into
a memorandum of understanding to improve services and coordinate
the functions of each agency.
(b) The memorandum of understanding must:
(1) require each agency to share:
(A) information technology to support the regulation and
enforcement of occupational licenses; and
(B) information on regulatory practices for licensed
occupations, including policy issues that affect the regulation
of licensed occupations, standardization of complaint and
enforcement techniques, and model licensing techniques;
(2) authorize enforcement officers from each agency to check
licenses, registrations, or endorsements held by persons
practicing occupations regulated by the other agency and report
noncompliance to that agency; and
(3) state the circumstances when a joint investigation between
the board and the Texas Department of Licensing and Regulation is
appropriate.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1,
2003.
Sec. 1301.260. POLICY ON TECHNOLOGICAL SOLUTIONS. The board
shall develop and implement a policy requiring the executive
director and agency employees to research and propose appropriate
technological solutions to improve the agency's ability to
perform its functions. The technological solutions must:
(1) ensure that the public is able to easily find information
about the agency on the Internet;
(2) ensure that persons who want to use the agency's services
are able to:
(A) interact with the agency through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the agency's
planning processes.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1,
2003.
Sec. 1301.261. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy
to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of agency rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the agency's jurisdiction.
(b) The agency's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the agency.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1,
2003.
Sec. 1301.262. PLUMBING INSPECTOR CODE OF CONDUCT. The board by
rule shall establish a code of conduct for licensed plumbing
inspectors. The code of conduct shall require a plumbing
inspector to enforce this chapter and board rules in a consistent
manner across job sites.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1,
2003.
SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 1301.301. CONSUMER INTEREST INFORMATION. (a) The board
shall prepare information of consumer interest describing the
regulatory functions of the board and the procedures by which
consumer complaints are filed with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.3015. PUBLIC PARTICIPATION. The board shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the agency.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 14, eff. Sept. 1,
2003.
Sec. 1301.302. CONTRACT INFORMATION. A written proposal,
invoice, or contract relating to plumbing services performed by
or under the direction of a plumber licensed under this chapter
must contain the name and license number of the responsible
master plumber and the name, mailing address, and telephone
number of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.308(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 2, eff. September 1, 2009.
Sec. 1301.303. COMPLAINTS. (a) The board may investigate an
alleged violation of this chapter by a person who:
(1) is licensed under this chapter; or
(2) performs plumbing without holding a license under this
chapter.
(b) The board shall maintain a file on each written complaint
filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the agency;
(3) the subject matter of the complaint;
(4) the name of any municipality and the county in which the
conduct that is the subject of the complaint occurred;
(5) the name of each person contacted in relation to the
complaint;
(6) a summary of the results of the review or investigation of
the complaint; and
(7) an explanation of the reason the file was closed, if the
agency closed the file without taking action other than to
investigate the complaint.
(c) The agency shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the agency's policies and procedures relating to complaint
investigation and resolution.
(d) The board, at least quarterly and until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of
the investigation unless the notice would jeopardize an
undercover investigation.
(e) The board by rule shall assign priorities and prescribe
investigative procedures for investigations of complaints based
on:
(1) the severity of the conduct alleged in the complaint; and
(2) the degree of harm to public health, safety, or property.
(f) The board shall maintain information about complaints,
including source, type, and geographical area, to identify and
address regulatory problem areas and focus enforcement in those
areas.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 15, eff.
Sept. 1, 2003.
Sec. 1301.304. INVESTIGATION OF COMPLAINTS. (a) The
enforcement committee or an employee designated by the
enforcement committee may investigate an alleged violation of
this chapter or a board rule that is reported to the board.
(b) The enforcement committee shall determine whether a person
has committed the violation and shall recommend appropriate
sanctions to the board or, if the enforcement committee
determines that the complaint is without merit, dismissal of the
complaint.
(c) The board shall conduct joint investigations with the Texas
Department of Licensing and Regulation as circumstances require.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 16, eff. Sept. 1,
2003.
SUBCHAPTER G. LICENSE, ENDORSEMENT, AND REGISTRATION REQUIREMENTS
Sec. 1301.351. LICENSE, ENDORSEMENT, OR REGISTRATION REQUIRED.
(a) A person, other than a responsible master plumber, may not
engage in plumbing unless:
(1) the person holds the proper license, registration, or
endorsement required by this chapter; and
(2) the person's work is supervised and controlled by a person
licensed under this chapter.
(a-1) A person may not act as a responsible master plumber
unless the person holds the appropriate license and meets the
requirements for a responsible master plumber under this chapter.
(a-2) A person that advertises or otherwise offers to perform or
provide plumbing must secure the services of a responsible master
plumber.
(b) A person may not serve as a plumbing inspector unless the
person is licensed under this chapter as a plumbing inspector.
(c) A license holder who is supervising and controlling under
Subsection (a)(2) the work of a person engaged in the business of
plumbing in the construction of a new one-family or two-family
dwelling in an unincorporated area of the state must have
training and management responsibility for, and shall review and
inspect, the person's work. The license holder is not required to
provide continuous or uninterrupted on-the-job oversight of the
person's work.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 17, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.309(b),
(c), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 3, eff. September 1, 2009.
Sec. 1301.352. EXAMINATION REQUIRED. The board shall issue a
license or endorsement as a master plumber, journeyman plumber,
plumbing inspector, tradesman plumber-limited license holder,
medical gas piping installation endorsement holder, water supply
protection specialist, or multipurpose residential fire
protection sprinkler specialist to a person who demonstrates the
fitness, competence, and qualifications to receive the license or
endorsement by passing a uniform, reasonable examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.310(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 4, eff. September 1, 2009.
Sec. 1301.3521. EXAMINATION FEE REFUND. (a) The board shall
refund the examination fee paid by an applicant who:
(1) provides advance notice of the applicant's inability to take
the examination; or
(2) is unable to take the examination because of an emergency.
(b) The board shall adopt rules that establish the required
notification period and the emergency situations that warrant a
refund.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 18, eff. Sept. 1,
2003.
Sec. 1301.3522. EXAMINATION REVIEW COURSE. (a) The board shall
develop a review course in English and Spanish to assist license
applicants in preparation for each license examination offered by
the board. If the board provides the review course, the board may
charge a fee to an applicant who applies to take the review
course.
(b) The board may provide the review course training materials
to private course providers for a fee determined by the board.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 18, eff. Sept. 1,
2003.
Sec. 1301.353. INSPECTOR CONFLICTS PROHIBITED. The board may
not issue a plumbing inspector license to a person who has a
financial or advisory interest in a plumbing company.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.354. PLUMBER'S APPRENTICE. (a) A person who desires
to learn the trade of plumbing must register as a plumber's
apprentice before assisting a person licensed under this chapter
in the trade of plumbing.
(b) A person who has worked as a plumber's apprentice for a
period established by law or board rule may apply to take an
examination for a license as a journeyman plumber or tradesman
plumber-limited license holder. Before the applicant may take the
examination, the applicant must complete classroom training
provided by a board-approved instructor in a board-approved
training program in the areas of health and safety, applicable
plumbing codes, and water conservation for at least:
(1) 24 hours if the applicant is applying to take a tradesman
plumber-limited license holder examination; or
(2) 48 hours if the applicant is applying to take a journeyman
plumber examination.
(b-1) At the applicant's request, the board may credit an
applicant under Subsection (b) with a number of hours determined
by board rule against the number of hours of work experience
required to take an examination if the applicant has received an
associate of applied science degree from a plumbing technology
program that:
(1) includes a combination of classroom and on-the-job training;
and
(2) is approved by the board and the Texas Higher Education
Coordinating Board.
(c) At the applicant's request, the board may credit an
applicant under Subsection (b) with up to 500 hours of the work
experience required before taking an examination if the applicant
has completed the classroom portion of a training program:
(1) approved by the United States Department of Labor, Office of
Apprenticeship; or
(2) provided by a person approved by the board and based on
course materials approved by the board.
(d) Notwithstanding the classroom training required by
Subsection (b), a plumber's apprentice may apply for and take an
examination for a license as a journeyman plumber or tradesman
plumber-limited license holder if the apprentice has received an
associate of applied science degree from a plumbing technology
program that:
(1) includes a combination of classroom and on-the-job training;
and
(2) is approved by the board and the Texas Higher Education
Coordinating Board.
(e) Notwithstanding Subsection (b), a plumber's apprentice who
is enrolled in good standing in a training program approved by
the United States Department of Labor, Office of Apprenticeship,
may take an examination without completing the classroom training
required by Subsection (b)(1) or (2).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.311(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
181, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1380, Sec. 5, eff. September 1, 2009.
Sec. 1301.3541. APPRENTICE REGISTRATION REQUIREMENTS. The board
by rule may adopt registration requirements for plumber's
apprentices, including training and education requirements.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 19, eff. Sept. 1,
2003.
Sec. 1301.355. EXAMINATION RESULTS. (a) The board shall notify
each examinee of the results of an examination not later than the
30th day after the date the examination is administered.
(b) If requested in writing by a person who fails an
examination, the board shall provide to the person an analysis of
the person's performance on the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.356. ENDORSEMENT: MEDICAL GAS PIPING INSTALLATION.
(a) A person may not install pipe used solely to transport gas
for medical purposes or a vacuum used for medical purposes unless
the person:
(1) is licensed under this chapter as a master plumber or
journeyman plumber; and
(2) holds an endorsement issued under this section.
(b) A person is eligible to receive a medical gas piping
installation endorsement if the person performs satisfactorily on
a separate examination related to the endorsement.
(c) An endorsement under this section is valid for three years
and may be renewed as provided by board rule.
(d) An endorsement under this section coincides with rules
adopted by the Texas Department of Health.
(e) A plumbing inspector who meets the requirements of the board
may hold a medical gas endorsement and inspect medical gas piping
installations.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.312(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 5, eff. September 1, 2009.
Sec. 1301.3565. ENDORSEMENT: MULTIPURPOSE RESIDENTIAL FIRE
PROTECTION SPRINKLER SPECIALIST.
Text of subsection effective on June 01, 2010
(a) A person may not engage in the installation of a
multipurpose residential fire protection sprinkler system that
uses a single piping system to provide potable water for fire
protection sprinklers and for domestic plumbing fixtures and
appliances unless the person:
(1) is licensed under this chapter as a master plumber or
journeyman plumber; and
(2) holds an endorsement issued under this section.
(b) The board shall issue an endorsement as a multipurpose
residential fire protection sprinkler specialist to a person who:
(1) holds the license described by Subsection (a);
(2) applies to the board on a form prescribed by the board;
(3) pays a fee set by the board;
(4) presents evidence satisfactory to the board of successful
completion of a training program approved by the board that
provides the training necessary for the proper installation of a
multipurpose residential fire protection sprinkler system as
required by the applicable codes and standards recognized by the
state; and
(5) passes an examination required by the board.
(c) An endorsement issued under this section is valid until the
third anniversary of the date of issuance and may be renewed on
compliance with any requirements prescribed by board rule.
(d) A person who holds an endorsement under this section may
represent to the public that the person is a multipurpose
residential fire protection sprinkler specialist.
(e) Notwithstanding any other law, a person who holds an
endorsement under this section is not required to hold a license
or registration issued by another state agency in order to
install a multipurpose residential fire protection sprinkler
system.
(f) A plumbing inspector who meets the requirements of the board
may inspect a multipurpose residential fire protection sprinkler
installation.
Added by Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 6, eff. September 1, 2009; Subsec. (a) eff. June 1,
2010.
Sec. 1301.357. ENDORSEMENT: WATER SUPPLY PROTECTION SPECIALIST.
(a) A person licensed under this chapter may not act as a water
supply protection specialist unless the person holds an
endorsement issued under this section.
(b) The board shall issue an endorsement as a water supply
protection specialist to a person who:
(1) is licensed under this chapter as a master plumber or
journeyman plumber;
(2) applies to the board on a form prescribed by the board;
(3) pays a fee set by the board;
(4) presents evidence satisfactory to the board of successful
completion of a certification program approved by the board for
water supply protection specialists; and
(5) passes an examination required by the board.
(c) An endorsement issued under this section is valid until the
third anniversary of the date of issuance and may be renewed on
compliance with any requirements prescribed by board rule.
(d) A person who holds an endorsement under this section may
represent to the public that the person is a water supply
protection specialist.
(e) A person is not required to hold a water supply protection
specialist endorsement if the person:
(1) is employed by:
(A) a political subdivision; or
(B) an electric utility as defined by Section 31.002, Utilities
Code; and
(2) acts as a backflow prevention device specialist or water
supply protection specialist in the course of the person's
employment.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003.
Sec. 1301.3575. REGISTRATION OF CERTAIN PERSONS. The board
shall register a person who complies with this chapter as a drain
cleaner, drain cleaner-restricted registrant, residential
utilities installer, or plumber's apprentice.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.305(c), eff.
Sept. 1, 2003.
Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR RESPONSIBLE MASTER
PLUMBER. When a person is issued a master plumber's license, the
person must provide the board with a certificate of insurance
that meets the requirements of Section 1301.552 before the person
works as a responsible master plumber.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.315(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
804, Sec. 7, eff. September 1, 2009.
Sec. 1301.358. OUT-OF-STATE APPLICANTS; PROVISIONAL LICENSE.
(a) The board may waive any prerequisite to obtaining a license
for an applicant after reviewing the applicant's credentials and
determining that the applicant holds a license issued by another
jurisdiction that has licensing requirements substantially
equivalent to those of this state.
(b) The board may issue a provisional license to an applicant
currently licensed in another jurisdiction who seeks a license in
this state and who:
(1) has been licensed in good standing as a plumber for at least
two years in another jurisdiction, including a foreign country,
that has licensing requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination recognized by the
board relating to the practice of plumbing; and
(3) is sponsored by a person licensed by the board under this
chapter with whom the provisional license holder will practice
during the time the person holds a provisional license.
(c) The board may waive the requirement of Subsection (b)(3) for
an applicant if the board determines that compliance with that
subdivision would be a hardship to the applicant.
(d) A provisional license is valid until the date the board
approves or denies the provisional license holder's application
for a license. The board shall issue a license under this chapter
to the provisional license holder if:
(1) the provisional license holder is eligible to be licensed
under Subsection (a); or
(2) the provisional license holder passes the part of the
examination under Section 1301.352 that relates to the
applicant's knowledge and understanding of the laws and rules
relating to the practice of plumbing in this state and:
(A) the board verifies that the provisional license holder meets
the academic and experience requirements for a license under this
chapter; and
(B) the provisional license holder satisfies any other licensing
requirements under this chapter.
(e) The board must approve or deny a provisional license
holder's application for a license not later than the 180th day
after the date the provisional license is issued. The board may
extend the 180-day period if the results of an examination have
not been received by the board before the end of that period.
(f) The board may establish a fee for provisional licenses in an
amount reasonable and necessary to cover the cost of issuing the
license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 20, eff.
Sept. 1, 2003.
Sec. 1301.359. STATEWIDE VALIDITY OF LICENSE, ENDORSEMENT, OR
REGISTRATION; NONTRANSFERABILITY. (a) A license, endorsement,
or registration issued under this chapter is valid throughout
this state.
(b) A license, endorsement, or registration issued under this
chapter is not assignable or transferable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.307(a),
eff. Sept. 1, 2003.
SUBCHAPTER H. LICENSE, ENDORSEMENT, AND REGISTRATION EXPIRATION
AND RENEWAL
Sec. 1301.401. ANNUAL RENEWAL REQUIRED. (a) A license or
registration under this chapter is valid for one year. On payment
of the required fee, a license 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.307(c),
eff. Sept. 1, 2003.
Sec. 1301.402. NOTICE OF LICENSE, ENDORSEMENT, OR REGISTRATION
EXPIRATION. (a) Not later than the 31st day before the
expiration date of a person's license, endorsement, or
registration, the board shall send written notice of the
impending expiration to the person at the person's last known
address according to board records.
(b) The person shall notify the board not later than the 30th
day after the date of receipt of the written notice of any change
of name or address.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.307(c),
eff. Sept. 1, 2003.
Sec. 1301.403. PROCEDURE FOR RENEWAL. (a) A person who is
otherwise eligible to renew a license, endorsement, or
registration may renew an unexpired license, endorsement, or
registration by paying the required renewal fee to the agency
before the expiration date of the license, endorsement, or
registration. A person whose license, endorsement, or
registration has expired may not engage in activities that
require a license, endorsement, or registration until the
license, endorsement, or registration has been renewed.
(b) A person whose license or endorsement has been expired for
90 days or less may renew the license or endorsement by paying to
the agency a renewal fee that is equal to 1-1/2 times the
normally required renewal fee. A person whose registration has
been expired for 90 days or less may renew the registration by
paying to the board a renewal fee that is equal to 1-1/2 times
the normally required renewal fee.
(c) A person whose license or endorsement has been expired for
more than 90 days but less than two years may renew the license
or endorsement by paying to the agency a renewal fee that is
equal to two times the normally required renewal fee. A person
whose registration has been expired for more than 90 days but
less than two years may renew the registration by paying to the
board a renewal fee that is equal to two times the normally
required renewal fee.
(d) A person whose license, endorsement, or registration has
been expired for two years or more may not renew the license,
endorsement, or registration. The person may obtain a new
license, endorsement, or registration by complying with the
requirements and procedures, incl