The Texas State Board of Plumbing Examiners (Board) proposes amendments to §361.1, which sets forth the definitions of certain terms used in Title 8, Chapter 1301 of the Texas Occupations Code and the Board's administrative rules.

Background and Justification

The proposed amendments to §361.1 are due to statutory changes brought about by the passage of House Bill 2062 (HB 2062) and Senate Bill 162 (SB 162), during the Regular Session of the 83rd Texas Legislature (2013).

Section-by-Section Summary

HB 2062 amends Texas Occupations Code §1301.053(a) to require a license for the treatment of rainwater to supply a plumbing fixture or appliance. The definition of plumbing in §361.1(38), now renumbered as §361.1(41), is amended to include the treatment of rainwater to supply a plumbing fixture or appliance.

HB 2062 amends the term "water supply protection specialist" to include a person who holds an endorsement by the Board to engage in the treatment of rainwater. The term "water supply protection specialist" in §361.1(55), now renumbered as §361.1(58), is amended accordingly.

HB 2062 amends Texas Occupations Code §1301.002(12) which defines the term "water treatment" to exclude the treatment of rainwater or the repair of systems for rainwater harvesting. Section 361.1(56) now renumbered as §361.1(59) is amended to reflect this statutory change.

SB 162 defines "military service member," "military spouse," and "military veteran." These terms are incorporated in §361.1 as new definitions and are numbered as new §361.1(32), (33), and (34).

Fiscal Note

Lisa G. Hill, Executive Director, has determined that for the first five-year period the proposed amendments are in effect, there will be no additional cost to state or local governments as a result of enforcing or administering the amended rule. Ms. Hill has determined that there will be no economic cost to individuals who would otherwise be subject to this rule. Ms. Hill has also determined there will be no measurable effect on small businesses and micro businesses. There is no anticipated difference in effect between small and large businesses.

Public Benefit

Ms. Hill has concluded that for each year of the first five years the amendments are in effect, the anticipated public benefit will be a more clear and precise rule.

Public Comment

The Board invites comments on the proposed amendments from any member of the public. Written comments should be mailed to Lisa Hill, Executive Director, at P.O. Box 4200, Austin, Texas 78765-4200; faxed to her attention at (512) 450-0637; or sent by email to info@tsbpe.state.tx.us.

Statutory Authority

The amendments to §361.1 are proposed under and affect Chapter 1301 of the Texas Occupations Code. Texas Occupations Code §1301.251 requires the Board to adopt and enforce rules necessary to administer Chapter 1301 of the Texas Occupations Code.

No other statute, article, or code is affected by the proposed amendments.