SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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.
- Texas Section 1301.002 - Definitions
In this chapter: (1) "Board" means the Texas State Board of Plumbing Examiners. (1-a) "Control valve" means a valve that operates each time water is...
- Texas Section 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...
SUBCHAPTER B EXEMPTIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER C TEXAS STATE BOARD OF PLUMBING EXAMINERS
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1301.154 - Terms
Board members serve staggered six-year terms. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
- Texas Section 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...
- Texas Section 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...
- Texas Section 1301.202 - Plumbing Examiner
(a) The board shall employ one or more plumbing examiners. A plumbing examiner serves at the will of the board. A plumbing examiner must: (1)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E BOARD POWERS AND DUTIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 1301.254 - Seal
The board shall have an official seal. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
- Texas Section 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...
- Texas Section 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...
- Texas Section 1301.258 - Advisory Committees
The board may appoint advisory committees as it considers necessary. An advisory committee shall serve without compensation or reimbursement and is subject to Section 2110.008,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F CONSUMER INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1301.302 - Contract Information; Required Documents
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...
- Texas Section 1301.303 - Complaints
(a) The board may investigate an alleged violation of this chapter by a person who: (1) is licensed under this chapter; (2) is the owner...
SUBCHAPTER G LICENSE, ENDORSEMENT, AND REGISTRATION REQUIREMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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;...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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:...
- Texas Section 1301.3565 - Endorsement: Multipurpose Residential Fire Protection Sprinkler Specialist
(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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1301.3585 - License Eligibility Requirements For Applicants With Military Experience
(a) Notwithstanding any other law, the board shall credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a...
SUBCHAPTER H LICENSE, ENDORSEMENT, AND REGISTRATION EXPIRATION AND RENEWAL
- Texas Section 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) Except as provided by Section 1301.406, a license, endorsement,...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 1301.404 - Mandatory Continuing Professional Education
(a) The board shall recognize, approve, and administer continuing education programs for persons who hold licenses or endorsements under this chapter. (b) A person who...
- Texas Section 1301.405 - Mandatory Training For Drain Cleaner, Drain Cleaner-restricted Registrant, And Residential Utilities Installer
(a) To renew the certificate of registration, a person who holds a certificate of registration under this chapter as a drain cleaner, drain cleaner-restricted registrant,...
SUBCHAPTER I DISCIPLINARY PROCEDURES
- Texas Section 1301.406 - Transfer Of License
(a) On approval by the board, a person who holds an unexpired license under this chapter and whose license has been held continuously for at...
- Texas Section 1301.451 - Disciplinary Powers Of Board
(a) The board shall revoke, suspend, deny, or refuse to renew a license, endorsement, or registration or shall reprimand a holder of a license, endorsement,...
- Texas Section 1301.452 - Grounds For Disciplinary Action
(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...
- Texas Section 1301.4521 - Consequences Of Criminal Conviction
(a) The board shall adopt rules in compliance with the guidelines authorized by Chapter 53 relating to criminal convictions. (b) The board shall adopt a...
- Texas Section 1301.4522 - Review Of Application
(a) The enforcement committee may approve, without board approval, the application for a license, endorsement, or registration of a person who has a criminal conviction...
- Texas Section 1301.453 - Hearing
A person is entitled to a hearing before the board if the board proposes to: (1) deny the person's application for a license, endorsement, or...
SUBCHAPTER J OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 1301.454 - Administrative Procedure
A proceeding under this subchapter is a contested case for purposes of Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch. 1421, Sec....
- Texas Section 1301.501 - Backflow Prevention
(a) A person may not sell, donate, or transfer a water closet plumbing fixture or other equipment that uses water if the fixture or equipment:...
- Texas Section 1301.502 - Citation
(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...
- Texas Section 1301.503 - Enforcement By Plumbing Inspector
Each plumbing inspector shall enforce this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003,...
- Texas Section 1301.504 - Injunction
(a) In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from...
- Texas Section 1301.5045 - Cease And Desist Order
(a) The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action...
- Texas Section 1301.505 - Representation By Attorney General
The attorney general shall represent the board in an action to enforce this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff....
- Texas Section 1301.506 - Appeal Bond Not Required
The board is not required to post an appeal bond in an action arising under this chapter. Added by Acts 2001, 77th Leg., ch. 1421,...
- Texas Section 1301.507 - Civil Penalty
A person who violates this chapter or a rule, permit, or order of the board is subject to a civil penalty of not less than...
- Texas Section 1301.5071 - Informal Settlement Conference; Restitution
(a) The board by rule shall establish procedures under which an informal settlement conference is conducted to resolve a complaint against a person licensed under...
SUBCHAPTER K REGULATION BY CERTAIN POLITICAL SUBDIVISIONS
- Texas Section 1301.508 - Criminal Penalty
(a) A person commits an offense if the person: (1) violates this chapter or a rule adopted under this chapter; (2) does not hold a...
- Texas Section 1301.551 - Municipal Plumbing Ordinances And Permits
(a) A municipality with more than 5,000 inhabitants shall regulate by ordinance or bylaw the material, construction, alteration, and inspection of any pipe, faucet, tank,...
- Texas Section 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 to obtain a permit before performing plumbing in...
SUBCHAPTER M INTERAGENCY COOPERATION AND REGULATION
- Texas Section 1301.553 - Plumbing Inspections In Municipality That Overlaps Another Political Subdivision
If the boundaries of a municipality and another political subdivision overlap, only the affected municipality may perform a plumbing inspection and collect a permit fee....
- Texas Section 1301.651 - Definition
In this subchapter, "local workforce development board" means a board created under Subchapter F, Chapter 2308, Government Code. Added by Acts 2003, 78th Leg., ch....
SUBCHAPTER N ADMINISTRATIVE PENALTY
- Texas Section 1301.652 - Public Education Effort
(a) The board and the Texas Workforce Commission shall, through the local workforce development boards, coordinate efforts to educate the public about the plumbing profession...
- Texas Section 1301.701 - Imposition Of Penalty
The board may impose an administrative penalty on a person who violates this chapter or a rule or order adopted under this chapter. Added by...
- Texas Section 1301.702 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation...
- Texas Section 1301.703 - Report And Notice Of Violation And Penalty
(a) If the enforcement committee determines that a violation occurred, the enforcement committee may issue to the board a report stating: (1) the facts on...
- Texas Section 1301.704 - Penalty To Be Paid Or Hearing Requested
(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...
- Texas Section 1301.705 - Hearing
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the enforcement committee shall set a hearing...
- Texas Section 1301.706 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may: (1) find that a violation...
- Texas Section 1301.707 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the penalty; or (2) file...
- Texas Section 1301.708 - Stay Of Enforcement Of Penalty
(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...
- Texas Section 1301.709 - Decision By Court
(a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the...
- Texas Section 1301.710 - Remittance Of Penalty And Interest
(a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court,...
- Texas Section 1301.711 - Release Of Bond
(a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment...
- Texas Section 1301.712 - Collection Of Penalty
(a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The...
- Texas Section 1301.713 - Administrative Procedure
A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2003, 78th Leg., ch....