The Texas State Board of Plumbing Examiners proposes amendments to §365.1. This section describes the categories and descriptions of the licenses and endorsements issued by the Board and the scope of work permitted under each license and endorsement. The proposed rule amendment is part of the Board's intent to comply with House Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167, and the Board's rule review plan, which requires the Board to complete a review of Chapter 365 of the Board Rules by August 31, 2000. The proposed amendments to §365.1 do not change the scope of work that the current rule §365.1 allows under any license or endorsement, but further clarifies the existing requirements.

Elsewhere in this issue of the Texas Register the Texas State Board of Plumbing Examiners is contemporaneously proposing the review of Chapter 365 Licensing with changes to §365.1, §365.3, §365.4, §365.5, §365.6, §365.8, §365.9, §365.11, 365.13. The proposed review of Chapter 365 also includes the review of §365.2, Sec. 365.7, §365.10 and §365.12 as contained in Title 22 of the Texas Administrative Code without changes. The reason for re-adopting §365.2, §365.7, §365.10 and §365.12 still exists. This review is in accordance with the Appropriations Act of 1997, HB 1, Article IX, §167.

Proposed grammatical changes include proper use of capitalized words.

The amendments to §365.1(1) clarify that a Master Plumber may perform plumbing work and enter into contracts and agreements to perform plumbing work for the general public. Superfluous language that in this section is deleted, since it is already contained in other, more appropriate sections of the Board Rules.

The amendments to §365.1(2) simply replace the word "them" with "Master Plumbers" for clarity.

The amendments to §365.1(3) more correctly identify the name of the Medical Gas Piping Installation Endorsement and clarifies exactly what medical gas piping includes.

The amendments to §365.1(4) mirror and further clarify the requirements of the Act regarding the prohibition of Plumbing Inspectors having any financial or advisory interest in a plumbing company and how a Plumbing Inspector shall verify that his or her employment or agency for a political subdivision requirements prior to performing plumbing inspections.

The amendments to §365.1(5) simply reword the section regarding the Water Supply Protection Specialist endorsement for grammatical correctness and clarity of the existing language.

Doretta A. Conrad, Administrator of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rule is in effect there will be no effect on local government as a result of the rule amendments as proposed.

Ms. Conrad has determined that each year of the first five years the rule is in effect the public benefit will be that public health and safety will be enhanced by a better understanding of the rule by the persons that must comply with the requirements of the rule. There will be no economic cost to the persons that will be required to comply with the rule.

Comments on the proposed rule change may be submitted within (30) days of publication of this proposed rule amendment in the Texas Register , to Doretta A. Conrad, Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, TX, 78765-4200.

The amendments to §365.1 are proposed under and affect Texas Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167 together with the Board's rule review plan. Section 5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend and enforce all rules and regulations necessary to carry out the Act. House Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167 and the Board's rule review plan requires the Board to complete a review of Chapter 365 of the Board Rules by August 31, 2000.

No other statute, article, or code is affected by this proposed rule change.