By: Hamilton (Senate Sponsor - Jackson)	H.B. No. 2376
	(In the Senate - Received from the House April 11, 2011;
	April 14, 2011, read first time and referred to Committee on
	Business and Commerce; May 5, 2011, reported adversely, with
	favorable Committee Substitute by the following vote:  Yeas 8,
	Nays 0; May 5, 2011, sent to printer.)
	COMMITTEE SUBSTITUTE FOR H.B. No. 2376	By:  Watson

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of plumbing.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 1301.002(9-a) and (11), Occupations
	Code, are amended to read as follows:
	(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; and
	(E)  has completed a training program required by
	Section 1301.3576.
	(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)  customer service inspections, as defined by
	rule of the Texas Commission on Environmental Quality [the plumbing
	of a public water system distribution facility]; and [or]
	(B)  the installation, service, and repair of
	plumbing associated with the use and distribution use of rainwater
	to supply a plumbing fixture, appliance, or irrigation system
	[customer-owned plumbing connected to the water distribution lines
	of a public water system].
	SECTION 2.  Section 1301.304, Occupations Code, is amended
	by adding Subsection (d) to read as follows:
	(d)  Unless a threat to health or safety exists, the board
	may choose to not investigate a complaint in which the person filing
	the complaint and the person who is the subject of the complaint
	are engaged in litigation related to the subject matter of the
	complaint until the outcome of the litigation is finally determined
	if the board determines the complaint process is being abused.
	SECTION 3.  Section 1301.3565, Occupations Code, is amended
	by adding Subsections (a-1) and (e-1) and amending Subsection (b)
	to read as follows:
	(a-1)  A person may not design a multipurpose residential
	fire protection sprinkler system for installation under this
	section unless the person:
	(1)  is licensed under this chapter as a master
	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 design and
	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.
	(e-1)  Notwithstanding any other law, a master plumber who
	holds an endorsement under this section is not required to hold a
	license or registration issued by another state agency in order to
	design a multipurpose residential fire protection sprinkler system
	for installation under this section.
	SECTION 4.  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 [When a person is issued a master
	plumber's license], the master plumber [person] 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 [before the
	person works as a responsible master plumber].
	SECTION 5.  Section 1301.552, Occupations Code, is amended
	to read as follows:
	Sec. 1301.552.  CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT
	IN POLITICAL SUBDIVISION. A political subdivision that requires a
	responsible master plumber or an agent of a responsible master
	plumber [plumbing contractor] to obtain a permit before performing
	plumbing in the political subdivision shall verify through the
	board's Internet website, or by contacting the board by telephone,
	that the responsible master plumber [plumbing contractor] has on
	file with the board a certificate of insurance. The certificate of
	insurance must:
	(1)  be written by an insurer authorized to engage in
	the [a company licensed to do] business of insurance in this state
	or an eligible surplus lines insurer, as defined by Section
	981.002, Insurance Code;
	(2)  provide for commercial general liability
	insurance for the responsible master plumber for a claim for
	property damage or bodily injury, regardless of whether the claim
	arises from negligence or on a contract; and
	(3)  provide coverage of not less than $300,000 for all
	claims arising in a one-year period.
	SECTION 6.  Section 1301.3565, Occupations Code, as amended
	by this Act, applies only to the installation of a multipurpose
	residential fire protection sprinkler system that is designed on or
	after the effective date of this Act.  The installation of a
	multipurpose residential fire protection sprinkler system that is
	designed before the effective date of this Act is governed by the
	law in effect immediately preceding the effective date of this Act,
	and the former law is continued in effect for that purpose.
	SECTION 7.  Not later than December 31, 2011, the Texas State
	Board of Plumbing Examiners shall develop the curriculum and adopt
	rules for the approval or administration of the training program
	required by Section 1301.3576(2), Occupations Code, as added by
	this Act.
	SECTION 8.  Section 1301.3576, Occupations Code, as amended
	by this Act, does not apply to a master plumber who, on or before
	January 1, 2012, provides the Texas State Board of Plumbing
	Examiners with a certificate of insurance that meets the
	requirements of Section 1301.552, Occupations Code, as amended by
	this Act, and that is effective on January 1, 2012.
	SECTION 9.  Section 1301.552, Occupations Code, as amended
	by this Act, applies only to a permit issued on or after the
	effective date of this Act. A permit issued before the effective
	date of this Act is governed by the law in effect on the date the
	permit is issued, and the former law is continued in effect for that
	purpose.
	SECTION 10.  This Act takes effect September 1, 2011.
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