82R11450 JAM-F
	By: Hamilton	H.B. No. 3377

	A BILL TO BE ENTITLED
	AN ACT
	relating to the licensing and registration of installers of on-site
	sewage disposal systems by the Texas Department of Licensing and
	Regulation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 366.002, Health and Safety Code, is
	amended by adding Subdivision (2-a) to read as follows:
	(2-a) "Department" means the Texas Department of
	Licensing and Regulation.
	SECTION 2.  Section 366.0515(m), Health and Safety Code, is
	amended to read as follows:
	(m)  If a maintenance company violates an order, resolution,
	or rule described by Subsection (k) three or more times, the
	commission, in the manner provided by Subchapter G, Chapter 7,
	Water Code, or the department, as appropriate, may revoke the
	license or registration of the maintenance company or any person
	employed by the maintenance company issued under:
	(1)  Section 26.0301, Water Code;
	(2)  Chapter 37, Water Code; or
	(3)  Section 366.071 of this code.
	SECTION 3.  Section 366.071, Health and Safety Code, is
	amended to read as follows:
	Sec. 366.071.  OCCUPATIONAL LICENSING AND REGISTRATION. (a)
	A person who constructs, installs, alters, extends, services,
	maintains, or repairs an on-site sewage disposal system or any part
	of an on-site sewage disposal system for compensation must hold a
	license or registration issued by the department [commission]
	under this subchapter [Chapter 37, Water Code].
	(b)  A person designated by an authorized agent under Section
	366.014 must hold a license issued by the department [commission]
	under this subchapter [Chapter 37, Water Code].
	(c)  A person who conducts preconstruction site evaluations,
	including visiting a site and performing a soil analysis, a site
	survey, or other activities necessary to determine the suitability
	of a site for an on-site sewage disposal system must hold a license
	issued by the department [commission] under this subchapter
	[Chapter 37, Water Code,] unless the person is licensed by the Texas
	Board of Professional Engineers as an engineer.
	(d)  The department [commission] may implement a program
	[under Chapter 37, Water Code,] to register persons who service or
	maintain on-site sewage disposal systems for compensation.
	SECTION 4.  Subchapter E, Chapter 366, Health and Safety
	Code, is amended by adding Section 366.072 to read as follows:
	Sec. 366.072.  ISSUANCE OF LICENSE OR REGISTRATION. (a)
	Notwithstanding Section 366.002, in this section, "commission"
	means the Texas Commission of Licensing and Regulation.
	(b)  The department shall license and register persons who
	construct, install, alter, extend, service, maintain, or repair an
	on-site sewage disposal system or any part of an on-site sewage
	disposal system for compensation.
	(c)  The commission shall adopt any rules necessary to:
	(1)  establish occupational licenses and registrations
	under this subchapter;
	(2)  establish classes and terms of occupational
	licenses and registrations; and
	(3)  administer the provisions of this subchapter.
	(d)  The commission may establish qualifications for each
	license and registration issued under this subchapter.
	(e)  The department shall establish requirements and uniform
	procedures for issuing licenses and registrations under this
	chapter.
	(f)  The department shall establish requirements and uniform
	procedures for renewing licenses and registrations.
	(g)  The department shall prescribe the content, location,
	and frequency of licensing examinations.
	SECTION 5.  Section 1305.003(a), Occupations Code, is
	amended to read as follows:
	(a)  This chapter does not apply to:
	(1)  the installation of electrical equipment in a
	ship, watercraft other than a floating building, railway rolling
	stock, aircraft, motor vehicle, or recreational vehicle;
	(2)  the installation of electrical equipment
	underground in a mine and in self-propelled mobile surface mining
	machinery and its attendant electrical trailing cable;
	(3)  the installation of electrical equipment for
	generation, transformation, transmission, or distribution of power
	used exclusively to operate railway rolling stock or exclusively
	for signaling and communications purposes;
	(4)  the installation, maintenance, alteration, or
	repair of communications equipment provided by a
	telecommunications provider;
	(5)  the installation, maintenance, alteration, or
	repair of electrical equipment under the exclusive control of an
	electric utility, power generation company as defined by Sections
	31.002(1) and (10), Utilities Code, electric cooperative, or
	municipally owned utility and used for communications or metering,
	or for the generation, control, transformation, transmission, and
	distribution of electrical energy, and located:
	(A)  in a building used exclusively by a utility
	or power generation company for those purposes;
	(B)  outdoors on property owned or leased by the
	utility or power generation company;
	(C)  on public highways, streets, roads, or other
	public rights-of-way; or
	(D)  outdoors by established rights in vaults or
	on private property;
	(6)  work not specifically regulated by a municipal
	ordinance that is performed in or on a dwelling by a person who owns
	and resides in the dwelling;
	(7)  work involved in the manufacture of electrical
	equipment that includes the on-site and off-site manufacturing,
	commissioning, testing, calibrating, coordinating,
	troubleshooting, or evaluating of electrical equipment, the
	repairing or retrofitting of electrical equipment with components
	of the same ampacity, and the maintenance and servicing of
	electrical equipment within the equipment's enclosure that is
	performed by an authorized employee or authorized representative of
	an electrical equipment manufacturer and limited to the type of
	products manufactured by the manufacturer;
	(8)  electrical work if:
	(A)  the work is performed by a person who does not
	engage in electrical work for the public;
	(B)  the work is performed by a person regularly
	employed as a maintenance person or maintenance electrician for a
	business; and
	(C)  the electrical work does not involve the
	installation of electrical equipment during new construction as
	defined by rules adopted under Chapter 151, Tax Code;
	(9)  the installation, maintenance, alteration, or
	repair of electrical equipment or associated wiring under the
	exclusive control of a gas utility and used for communications or
	metering or for the control, transmission, or distribution of
	natural gas;
	(10)  thoroughfare lighting, traffic signals,
	intelligent transportation systems, and telecommunications
	controlled by a governmental entity;
	(11)  electrical connections supplying heating,
	ventilation, and cooling and refrigeration equipment, including
	any required disconnect exclusively for the equipment, if the
	service is performed by a licensed air conditioning and
	refrigeration contractor under Chapter 1302;
	(12)  the design, installation, erection, repair, or
	alteration of Class 1, Class 2, or Class 3 remote control,
	signaling, or power-limited circuits, fire alarm circuits, optical
	fiber cables, or communications circuits, including raceways, as
	defined by the National Electrical Code;
	(13)  landscape irrigation installers, as necessary to
	perform the installation and maintenance of irrigation control
	systems, and landscapers, as necessary to perform the installation
	and maintenance of low-voltage exterior lighting and holiday
	lighting excluding any required power source;
	(14)  electrical work performed at a business that
	operates:
	(A)  a chemical plant, petrochemical plant,
	refinery, natural gas plant, natural gas treating plant, pipeline,
	or oil and gas exploration and production operation by a person who
	works solely for and is employed by that business; or
	(B)  a chemical plant, petrochemical plant,
	refinery, natural gas plant, or natural gas treatment plant by a
	person who under a contract of at least 12 months' duration performs
	electrical work for that plant and:
	(i)  the electrical work is not performed
	during new construction as defined by rules adopted under Chapter
	151, Tax Code; or
	(ii)  the person is not working for a
	contractor that has a principal place of business in another state
	or territory of the United States or a foreign country;
	(15)  the installation, maintenance, alteration, or
	repair of elevators, escalators, or related equipment, excluding
	any required power source, regulated under Chapter 754, Health and
	Safety Code;
	(16)  the installation, maintenance, alteration, or
	repair of equipment or network facilities provided or utilized by a
	cable operator, as that term is defined by 47 U.S.C. Section 522, as
	amended;
	(17)  the location, design, construction, extension,
	maintenance, and installation of on-site sewage disposal systems in
	accordance with Chapter 366, Health and Safety Code, or an on-site
	sewage facility installer licensed under Chapter 366, Health and
	Safety Code [37, Water Code];
	(18)  electrical work performed on a building,
	structure, or equipment in agricultural use as defined by Section
	11.002, Water Code, other than the processing of an agricultural
	commodity;
	(19)  the installation, maintenance, alteration, or
	repair of well pumps and equipment in accordance with Chapter 1902;
	(20)  electrical work required for the construction and
	assembly of HUD-code manufactured housing or modular housing and
	building units, other than the installation of service entrance
	conductors, that is performed by a licensed manufacturer or
	installer under Chapter 1201 or 1202, as applicable, if work
	performed is within the scope of the license as defined by
	applicable statutes and administrative rules;
	(21)  work performed by a plumber who holds a license or
	endorsement or is registered under Chapter 1301 that is necessary
	to install, service, maintain, repair, or replace any type of
	plumbing fixture or appliance, as described by Section 1301.002(7),
	including a water heater, food disposer, garbage disposal, water
	softener, dishwashing machine, and clothes washing machine on
	existing electrical circuits only;
	(22)  the maintenance or repair of a residential
	appliance by a residential appliance dealer or manufacturer or a
	person authorized by a residential appliance dealer or manufacturer
	using only components of the same type and ampacity as the original
	components; and
	(23)  the maintenance, alteration, or repair of a
	pool-related electrical device by, or pool-related electrical
	maintenance performed by, an employee of a municipality on a pool
	owned or operated by the municipality.
	SECTION 6.  Section 37.002, Water Code, is amended to read as
	follows:
	Sec. 37.002.  RULES. The commission shall adopt any rules
	necessary to:
	(1)  establish occupational licenses and registrations
	prescribed by Sections 26.0301, 26.3573, 26.452, and 26.456 of this
	code, Sections 341.033, 341.034, and 361.027, [and 366.071,] Health
	and Safety Code, and Section 1903.251, Occupations Code;
	(2)  establish classes and terms of occupational
	licenses and registrations; and
	(3)  administer the provisions of this chapter and
	other laws governing occupational licenses and registrations under
	the commission's jurisdiction.
	SECTION 7.  Section 37.003, Water Code, is amended to read as
	follows:
	Sec. 37.003.  LICENSE OR REGISTRATION REQUIRED. A person
	may not engage in a business, occupation, or profession described
	by Section 26.0301, 26.3573, 26.452, or 26.456 of this code,
	Section 341.033, 341.034, or 361.027, [366.014, or 366.071,] Health
	and Safety Code, or Section 1903.251, Occupations Code, unless the
	person holds the appropriate license or registration issued by the
	commission.
	SECTION 8.  Chapter 37, Water Code, is amended by adding
	Section 37.016 to read as follows:
	Sec. 37.016.  LICENSING OF INSTALLERS OF ON-SITE SEWAGE
	DISPOSAL SYSTEMS BY TEXAS DEPARTMENT OF LICENSING AND REGULATION.
	Notwithstanding any other law:
	(1)  the Texas Department of Licensing and Regulation
	and the Texas Commission of Licensing and Regulation, as
	appropriate, shall exercise all powers and duties formerly
	exercised by the commission under this chapter in relation to the
	licensing or registration of a person who constructs, installs,
	alters, extends, services, maintains, or repairs an on-site sewage
	disposal system;
	(2)  a reference in this chapter to the commission in
	relation to the licensing or registration of a person who
	constructs, installs, alters, extends, services, maintains, or
	repairs an on-site sewage disposal system means the Texas
	Department of Licensing and Regulation or the Texas Commission of
	Licensing and Regulation, as appropriate; and
	(3)  a reference in any other law to the commission in
	relation to the licensing or registration of a person who
	constructs, installs, alters, extends, services, maintains, or
	repairs an on-site sewage disposal system under this chapter means
	the Texas Department of Licensing and Regulation or the Texas
	Commission of Licensing and Regulation, as appropriate.
	SECTION 9.  (a)  Not later than September 1, 2012, all
	powers, duties, functions, programs, and activities related to the
	licensing and registration of installers of on-site sewage disposal
	systems are transferred to the Texas Department of Licensing and
	Regulation and the Texas Commission of Licensing and Regulation, as
	appropriate.
	(b)  On the date specified by Subsection (a) of this section
	for the transfer described by that subsection:
	(1)  all obligations and contracts of the Texas
	Commission on Environmental Quality that are related to a power,
	duty, function, program, or activity transferred from the Texas
	Commission on Environmental Quality under Subsection (a) of this
	section are transferred to the Texas Department of Licensing and
	Regulation and the Texas Commission of Licensing and Regulation, as
	appropriate;
	(2)  all property and records in the custody of a state
	agency or entity that are related to a power, duty, function,
	program, or activity transferred from the Texas Commission on
	Environmental Quality under Subsection (a) of this section and all
	funds appropriated by the legislature for the power, duty,
	function, program, or activity are transferred to the Texas
	Department of Licensing and Regulation and the Texas Commission of
	Licensing and Regulation, as appropriate; and
	(3)  all complaints, investigations, or contested
	cases that are pending before the Texas Commission on Environmental
	Quality that are related to a power, duty, function, program, or
	activity transferred from the Texas Commission on Environmental
	Quality under Subsection (a) of this section are transferred
	without change in status to the Texas Department of Licensing and
	Regulation and the Texas Commission of Licensing and Regulation, as
	appropriate.
	(c)  A rule or form adopted by the Texas Commission on
	Environmental Quality that relates to a power, duty, function,
	program, or activity transferred from the Texas Commission on
	Environmental Quality under Subsection (a) of this section is a
	rule or form of the Texas Department of Licensing and Regulation or
	the Texas Commission of Licensing and Regulation, as appropriate,
	and remains in effect until altered by the commission or
	department.
	(d)  A reference in law to the Texas Commission on
	Environmental Quality, or to the governing body of the Texas
	Commission on Environmental Quality, that relates to a power, duty,
	function, program, or activity transferred under Subsection (a) of
	this section means the Texas Department of Licensing and Regulation
	or the Texas Commission of Licensing and Regulation, as
	appropriate.
	(e)  A license or registration in effect that was issued by
	the Texas Commission on Environmental Quality that relates to a
	power, duty, function, program, or activity transferred under
	Subsection (a) of this section is continued in effect as a license
	or registration of the Texas Department of Licensing and Regulation
	or the Texas Commission of Licensing and Regulation, as
	appropriate.
	SECTION 10.  This Act takes effect September 1, 2011.