The Texas State Board of Plumbing Examiners (Board) proposes amendments to §365.1, which describes the scope of work permitted to the holder of a license, endorsement or registration issued by the Board.

The amendments to §365.1 are proposed in response to the passage of Senate Bill (SB) 1410, 81st Regular Legislative Session. The proposed amendments reflect revisions made to the Plumbing License Law by SB 1410, including a definition of Responsible Master Plumber and requirements for persons licensed, endorsed and registered by the Board to perform plumbing work under the general supervision of a Responsible Master Plumber.

The proposed amendments also reflect the language of SB 1410 by adding language to allow a person to hold a Plumbing Inspector license if the person is employed or contracted by a state agency.

The proposed amendments list the scope of work provided to a Multipurpose Residential Fire Protection Sprinkler Specialist, a new category of endorsement provided by SB 1410.

Economic Impact Statement and Regulatory Flexibility Analysis Texas Government Code §2006.002, as amended by the 80th Legislature, House Bill (HB) 3430, which requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if a proposed rule could have an adverse economic impact on small businesses. The proposed amendments to §365.1 will have no adverse economic impact on small businesses.

Robert L. Maxwell, Executive Director 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 fiscal impact on state and local government as well as small businesses and persons required to comply with these amendments.

Mr. Maxwell also has determined that each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be a clear understanding of the scope of work permitted to the holder of a license, endorsement or registration issued by the Board. Public health and safety will benefit from regulations which limit the scope of work permitted to only that which the holder of the license, endorsement or registration is qualified to perform.

Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.

The amendments to §365.1 are proposed under and affect Title 8, Chapter 1301, Occupations Code, as amended by the 81st Legislature ("Plumbing License Law" or "Law"), §§1301.251, 1301.002, 1301.351 and the rule it amends. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.002 provides definitions of licenses, endorsements and registrations issued by the Board. Section 1301.351 prohibits a person from performing plumbing without holding the proper license, endorsement or registration. The amendments to §365.1 are also proposed under Texas Government Code §2006.002, as amended by the 80th Legislature, HB 3430, which requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if a proposed rule could have an adverse economic impact on small businesses.

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