The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 TAC §361.1 (Board Rule §361.1), concerning Definitions, without changes to the proposed text as published in the November 12, 2010, issue of the Texas Register (35 TexReg 10001).

REASONED JUSTIFICATION. The amendments to §361.1 are adopted in response to the passage of Senate Bill (SB) 1410 and SB 1354, 81st Regular Legislative Session. The adopted amendments reflect revisions made to Texas Occupations Code Chapter 1301 (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 adopted 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 requires a Field Representative of the Board to be licensed by the Board as a plumber.

The adopted 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 adopted amendments remove the term "who secures permits for plumbing work" from the definition of "Master Plumber," because SB 1410 grants such authority to a "Responsible Master Plumber."

The adopted 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.

No comments were received regarding the proposed rule amendments.

STATUTORY AUTHORITY. The amendments to §361.1 are adopted under and affect the Plumbing License Law, as amended by the 81st Legislature, §§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 Board Rule §361.1 are also adopted under Texas Government Code §2006.002, as amended by the 80th Legislature, House Bill 3430, which requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if an adopted rule could have an adverse economic impact on small businesses.

No other statute, article or code is affected by these adopted amendments.