The Texas State Board of Plumbing Examiners (Board) proposes amendments to §361.1, which provides the meaning of words and terms used in the Plumbing License Law and Board Rules.

The amendments to §361.1 are proposed in response to the passage of Senate Bill (SB) 1410 and SB 1354, 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 and SB 1354 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 amendments include language from SB 1354 which require a Field Representative of the Board to be licensed by the Board as a plumber.

The proposed amendments add the terms "distribute" and "circulate to the definition of "Plumbing" and "design" to the definition of "Master Plumber," as required by SB 1354.

As required by SB 1410, the proposed amendments remove the term "who secures permits for plumbing work" from the definition of "Master Plumber," because SB 1410 moved such authority to a "Responsible Master Plumber."

The proposed amendments reflect requirements of SB 1354 for mandatory annual training, which is equivalent to Continuing Professional Education, for those who wish to renew a Drain Cleaner, Drain Cleaner-Restricted Registrant or Residential Utilities Installer registration.

Economic Impact Statement and Regulatory Flexibility Analysis

Texas Government Code §2006.002, as amended by the 80th Legislature, House Bill (HB) 3430, 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, 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 words and terms used in the Plumbing License Law and Board Rules. Public health and safety will benefit from plumbing performed by individuals who follow clear standards.

Comments on the proposed amendments 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 §361.1 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, 1301.203, 1301.405 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 1301.203 describes a Board Field Representative and §1301.405 requires annual training, which is equivalent to Continuing Professional Education, for the renewal of certain registrations. The amendments to §361.1 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.