The Texas State Board of Plumbing Examiners (Board) proposes amendments to §361.1, which sets forth the definitions of certain terms and words used in the Plumbing License Law and Board Rules, including the definition of Responsible Master Plumber.

The amendments to §361.1 are proposed in response to amendments made to §1301.002(9-a)(E) and §1301.3576, as amended by House Bill (HB) 2376, 82nd Regular Legislative Session, which require a Master Plumber to present evidence, satisfactory to the Board, of successful completion of a training program approved or administered by the Board regarding the laws and rules applicable to the operation of a plumbing business in this state, before working as a Responsible Master Plumber. HB 2376 provides an exemption to the requirement for any Responsible Master Plumber who has a Certificate of Insurance on file with the Board on January 1, 2012, that is effective for that date.

The amendments to §361.1 essentially reflect the language in §1310.002(9-a)(E), as amended by HB 2376.

Economic Impact Statement and Regulatory Flexibility Analysis

Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rule amendments are in effect there will be no fiscal impact on state and local government, as a result of enforcement of the rule. Because the Board licenses only individuals and not businesses, there should be no significant fiscal impact to small businesses. Master Plumbers who are required to comply with the proposed rule amendments will be impacted by paying a one-time cost for obtaining the training. The rule does not regulate the amount that a Course Provider may charge for providing the training course.

Mr. Maxwell also has determined that for each year of the first five years the rule amendments are in effect the public benefit anticipated as a result of enforcing these rule amendments will be better protection for the consumer of plumbing services through Responsible Master Plumbers who receive awareness training in the laws and rules applicable to the operation of a plumbing business in this state.

Comments on the proposed rule amendments may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register, to Lisa Hill, Interim 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 ("Plumbing License Law" or "Law") as amended by HB 2376, the 82nd Legislature, Regular Session, §§1301.251, 1301.002(9-a), 1301.3576 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(9-a) defines a Responsible Master Plumber as a person who has completed a training program as required by §1301.3576. Section 1301.3576 requires a Master Plumber to complete a training program applicable to the operation of a plumbing business in this state prior to working as a Responsible Master Plumber. The rule amendments 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 these proposed amendments.