The Texas State Board of Plumbing Examiners (Board) adopts amendments to the rules set forth in 22 Texas Administrative Code §§365.1, 365.2, 365.4 - 365.8, 365.10, and 365.13. The amendments are adopted with changes to the proposed text of §365.1(j) as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2313). The change is in response to comments received during the public comment period and only §365.1 is republished.

The Board also adopts new 22 Texas Administrative Code §§365.14 - 365.23. The new rules are adopted with changes to the proposed text of §§365.14(c)(1) - (2), 365.15(d)(2)(E), 365.19(c) - (e), 365.19(h)(1), 365.20(a)(3), 365.20(d)(1)(C), 365.21(a), 365.21(c), and 365.21(f) as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2313). The changes are in response to comments received during the public comment period and only those sections where changes were made are republished. The Board adopts these new rules concurrently with the repeal of the existing §§365.14 - 365.17.

The amendments to §365.1, concerning License, Endorsement and Registration Categories; Description; Scope of Work Permitted, delete "Description" from the title of the rule. New language is added to more closely align the scope of work a Responsible Master Plumber may perform with statute. References throughout the rule to "contracts...secured by a Responsible Master Plumber" are changed to "contracts...secured by a Responsible Master Plumber or a person who has secured the services of a Responsible Master Plumber in accordance with §367.3(a)(2) of the Board Rules" to clarify that a Responsible Master Plumber does not have to personally secure every contract for plumbing work performed under his or her license. New provisions are added to clarify that a Plumbing Inspector cannot perform inspections of plumbing work that can only be performed by individuals who hold a specific endorsement unless the inspector also holds that endorsement. New language is also added to clarify that a Plumbing Inspector may perform a Customer Service Inspection without a Water Supply Protection Specialist Endorsement. The provision related to the Residential Utilities Installer Registration is amended to clarify that the scope of work authorized under this registration extends to installations of yard water service piping and building sewers only.

The amendments to §365.2, concerning Exemptions, make changes to word choice, grammar, and punctuation to improve clarity.

The amendments to §365.4, concerning Issuance, change the title of the rule to "Issuance of License, Registration or Endorsement" and reword subsections (a) and (b) to improve clarity. New language is added to subsection (b) to specify that a Plumbing Inspector's status will be shown as unaffiliated until written confirmation of the inspector's employment or contract is submitted by an authorized representative of a political subdivision.

The amendments to §365.5, concerning Renewals, change the title of the rule to "Renewal of License, Registration or Endorsement" and reword subsections (a) and (c)-(h) to improve clarity. The deadline for providing notice of the impending expiration of a license, registration or endorsement contained in subsection (a) is changed from thirty days to thirty-one days to conform with statute. Licensed Plumbing Inspectors are added to subsection (d), which is also updated to require successful completion of any required continuing professional education (CPE) course, in person or via correspondence, prior to renewal rather than the submission of proof of the successful completion of CPE. Language describing the instructional content of a medical gas CPE course is deleted from subsection (e) and moved to proposed §365.21, and language requiring completion of a medical gas CPE course in person is added. Subsection (f), which sets forth the circumstances under which a licensee or registrant may complete his or her CPE requirements via correspondence course, is deleted and replaced with an entirely new provision clarifying that a Plumbing Inspector who is unaffiliated, but has fulfilled all other renewal requirements, may renew his or her license but will not receive a pocket card until proof of affiliation is submitted by an authorized representative of a political subdivision. Subsection (g) is updated to conform with current statute, which gives a military service member an additional two years to complete any CPE requirements or other requirements for renewal of a license, registration or endorsement.

The amendments to §365.6, concerning Expirations, change the title of the rule to "Expiration of License, Registration or Endorsement" and add the word "endorsement" to subsection (a). Corrections are made to the description of the late renewal fee contained in subsections (b) and (c) to match the amounts set forth in statute and §361.6(4)(A) of the Board Rules. Subsection (d) is restructured and reworded to clarify what steps are necessary to reinstate a license, registration or endorsement that has been expired more than two years.

The amendments to §365.7, concerning, Duplicate License, change the title of the rule to "Duplicate Pocket Card" to more accurately reflect the procedures of the Board and replace all references to a "license or registration" with "pocket card." The rule is also broken down into subsections to improve clarity.

The amendments to §365.8, concerning Change of Name, Address, or Employment, replace the phrase "license or registration" with "pocket card" to more accurately reflect the procedures of the Board and make changes to improve clarity. The provision relating to a change of address is removed from subsection (a) and placed in a new subsection (d) to make it clear that a new pocket card is issued only after a name change and not a change of address.

The amendments to §365.10, concerning Application for License, Registration or Endorsement after Revocation, reword and restructure the existing rule to more accurately reflect the current procedures of the Board. A new subsection (b) is added to explain the application procedure to be used by an individual whose registration was previously revoked. A new subsection (c) is added to explain the application procedure to be used by an individual whose license or endorsement was previously revoked and make it clear that an individual must apply for a Plumber's Apprentice Registration and take all applicable examinations. A new subsection (d) updates the existing explanation of the review and approval process for applications submitted by individuals whose license, endorsement or registration has been revoked.

The amendments to §365.13, concerning Licensing of Guaranteed Student Loan Defaulters and Child Support Defaulters, change the title of the rule to "Licensing or Registration of Individuals in Default on a Guaranteed Student Loan or in Arrears on Child Support Payments." Subsections (a) and (b) are reworded to improve clarity, and the notice requirement regarding default status contained in subsection (c) is changed from thirty to thirty-one days to conform with the change in §365.5(a). Subsection (f) is broken into two parts and rewritten to more accurately reflect the requirements of Chapter 232 of the Texas Family Code.

New §§365.14-365.20 largely retain the requirements set forth in the existing §365.14, but restructures it to create a separate rule addressing each aspect of the provision of CPE programs. The term "Provider of Course Materials" is replaced with "Publisher of Course Materials" throughout, and references to the existing §365.14 are changed to conform to the section numbers of the proposed rules.

New §365.14, concerning Course Year for Continuing Professional Education Programs, more clearly states the start and end date for the CPE course year and adds new provisions and a graphic explaining how license expiration dates align with the course year. Subsections (a)(16) and (b)(18) of the existing §365.14 are included as well as new language setting a deadline for the submission of a written request to utilize course materials prior to July 1 for an industry-related program or conference and requiring that such a request include a statement from the publisher that the course materials will be available on the date they will be utilized.

New §365.15, concerning Course Materials for Continuing Professional Education Programs, restructures subsections (a)(1)-(3) and (5)-(9) of the existing §365.14 to improve clarity. New language is added to require that a draft of the course materials submitted for Board approval must contain a separate table of contents and a notice informing students of the provisions contained in proposed §365.20(d)-(f), which set forth standards of conduct for Course Instructors. Subsection (f) is added to allow the Board to post a copy of the table of contents for each set of approved course materials on its website.

New §365.16, concerning Board Approval of Course Providers for Continuing Professional Education Programs and Publishers of Course Materials, consolidates provisions from the existing §365.14 related to the process used to approve Course Providers and Publishers of Course Materials into a single rule to eliminate redundancies. Subsections (a)(12), (14)-(15), and (17) as well as (b)(15)-(17) and (19) from the existing §365.14 are included. New language is added to require the electronic submission of an application for approval as a provider or publisher and to require a publisher to submit an example of correspondence course materials that includes a sample set of 150 questions along with his or her application. New language is also added to require the Board to schedule a special meeting for the purpose of approving applications in the event that the January meeting is cancelled and to require that written notification of the refusal or denial of an application be provided to an applicant within seven business days. Language from the existing subsection (b)(15)(L) is deleted to conform with the deletion of the existing §365.5(f), which limits the categories of students eligible to take a correspondence course.

New §365.17, concerning Board Approval of Course Instructors for Continuing Professional Education Programs, includes subsection (b)(12) of the existing §365.14. New language is added to require a Course Provider to submit the list of Course Instructors it plans to utilize electronically and to include each instructor's contact information. New language is also added to clarify that credentials need only be submitted for instructors that were not utilized by the Course Provider during the previous CPE course year and to require the submission of a copy of the certificate of authorization as an OSHA Construction Trainer for any individual a provider plans to utilize to teach the 10-Hour Outreach Training described in §363.5(f)(2) of the Board Rules. Another new provision requires the submission of documentation confirming that an instructor who was not utilized during the previous course year has completed at least one forty-hour unit of the required 160-hour training program and enrolled in both a training program on the course materials and the Course Instructor Certification Workshop. Finally, new provisions are added to require the Board to schedule a special meeting for the purpose of approving Course Instructors in the event the April meeting is cancelled, and to require the submission of a Course Instructor list at least twenty business days before the date of the Board meeting at which the list will be considered.

New §365.18, concerning Publishers of Course Materials for Continuing Professional Education Programs, includes subsections (a)(4), (9)-(11), (13), and (18) of the existing §365.14. New language is added to require a publisher to have the technology necessary to receive orders via electronic mail; to specify that training in the use of the course materials must be conducted at least once during the period between Board approval of the course materials and the beginning of the CPE course year; and to allow the Board to revoke approval as a publisher for failure to comply with Chapter 1301 of the Texas Occupations Code and Board Rules.

New §365.19, concerning Course Providers of Continuing Professional Education Programs, includes subsections (b)(1)-(8), (10)-(12), (14), (15)(G)(i), (J) and (K), (20), and (21) of the existing §365.14. The new rule prohibits a Course Provider from offering a correspondence course during the first CPE course year the provider is approved by the Board and decreases the amount of time a provider has to notify the Board of a change in the employment status of a Course Instructor from 10 days to 5. New language is added to clarify time allotted for breaks may not be counted toward the six clock hours of required instruction. The number of military service members a Course Provider may allow an instructor to admit in excess of the forty-five student limit is capped at four to keep maximum class sizes below fifty students. A new provision prohibiting a Course Provider from allowing a third party to advertise or promote the sale of a good, product or service during the instructional hours of a CPE course is included, and expenditures by a third party that is allowed access to students before or after class or during breaks are limited to $10 per student. Another new provision is added to require a Course Provider that schedules two or more CPE courses on the same date and time to hold each course at a separate location or in separate spaces within the same location. The amount of time a provider has to notify the Board of a class cancellation is decreased from seventy-two to forty-eight hours, and new language is added to specify that a Course Provider must self-monitor each of its Course Instructors at least once per CPE course year. To assist the Board with its monitoring of Course Providers, a provision allowing the Board to post a student survey on its website is added. In addition, a provider that administers its own student surveys will be required to keep a copy of each completed survey for at least two years and provide copies to the Board if requested. Finally, new language is added to specify that a complaint against a Course Provider will be investigated in the same manner as a complaint against a licensee or registrant.

New §365.20, concerning Course Instructors of Continuing Professional Education Programs, includes subsection (c) from the existing §365.14. New language is added to clarify that a Course Instructor must hold a current Journeyman, Master Plumber, or Plumbing Inspector License and complete training in the course materials and may not advertise or promote the sale of goods, products or services in his or her capacity as a Course Instructor. Language allowing the Board to randomly monitor Course Instructors is added to reflect current Board procedures. New language to allow the Board to revoke approval as a Course Instructor for failure to comply with Chapter 1301 of the Texas Occupations Code and Board Rules is also added.

New §365.21, concerning Continuing Professional Education Programs for the Medical Gas Piping Installation Endorsement, is a completely new rule articulating the Board's policies related to medical gas CPE courses. It sets forth requirements for the minimum length of a medical gas CPE course, states who may provide or instruct this type of course, and prescribes the formats in which the course may be presented. The rule also describes the form and content of the course materials, sets a ceiling on the fee a student must pay to obtain them, prohibits a Course Provider or Instructor from offering any incentive intended to persuade a student not to retain the materials, and prevents a student from having to purchase multiple sets of the same course materials in the event the National Fire Protection Association 99 Health Care Facilities Code is not updated for an extended period of time.

New §365.22, concerning Licensing Procedures for Military Spouses, replaces the existing §365.15 and §365.16 and combines them into a single rule. Subsection (a) of the existing §365.15 is deleted as redundant because it simply repeats the definition of "military spouse" found in statute and §361.1 of the Board Rules. Subsection (b) of the existing §365.15 is divided into two separate subsections, and the provision related to a military spouse who previously held a Texas license is updated to more accurately reflect Chapter 55 of the Occupations Code and Board procedures. Subsection (c) of the existing §365.15 is deleted as unnecessary. New language is added to require a military spouse to submit proof to the Board that his or her spouse is serving on active duty and to allow the Executive Director to waive any prerequisite for obtaining a license or registration on a case-by-case basis. Subsections (b) and (c) of the existing §365.16 are deleted to eliminate redundancies with statute.

New §365.23, concerning Transfer of License, replaces the existing §365.17. The rule is restructured and reworded to improve clarity. A new provision requiring the submission of a notarized Transfer of License Affidavit signed by the transferor or a valid will executed by the transferor is added to better reflect existing Board procedures.

In addition to the specific changes noted above, changes to punctuation, capitalization, and grammar appear throughout the proposed amendments to ensure uniformity across all Board Rules.

The comments received in response to the proposed amendments and new rules are summarized below.

Comment: All references to "contact hour" should be changed to hour or clock-hour because contact hour has a well-established meaning of 50 minutes among members of the education community

Agency Response: All references to "contact hour" have been changed to "clock hour(s)."

Comment: The Board should not limit the scope of work permitted under a Residential Utilities Installer (RUI) Registration to new construction only. As a practical matter, there is very little difference between installing a new water or sewer line and repairing or replacing one, and this change would put repair companies at a disadvantage without any justification as to why limiting a RUI to work on new construction is safer or less risky. The Board made the decision many years ago that a RUI should be able to do more than just new installations, and it's unfair to change things in midstream because someone has decided that "this is what we really meant." If that is what was intended, it should have been enforced that way all along.

Agency Response: The Board is aware that the current demand for qualified plumbers is extremely high and acknowledges that enacting this change will decrease the number of individuals able to work on residential water and sewer lines at this time. Therefore, it has deleted the provision limiting RUIs to new construction projects only.