CHAPTER 1301. PLUMBERS - Texas Statutes

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