Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Chapter 361.
ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
22 TAC §361.1
The Texas State Board of Plumbing Examiners adopts amendments
to §361.1(20), without changes to the proposed text as published in the
November 14, 2003, issue of the
Texas Register
(28
TexReg 10023).
The amendments to rule §361.1(20), which defines "Direct Supervision",
are adopted in response to amendments made to the Plumbing License Law (Occupations
Code, Title 8, Chapter 1301) by SB 282, 78th Legislature, Regular Session.
The term "Direct Supervision" is used in §1301.002(6) of the Plumbing
License Law to state that a Plumber's Apprentice is an individual who works
under the "direct supervision" of a licensed plumber. §1301.002(6) also
states that a Plumber's Apprentice is an individual who works under the "supervision"
of a Master Plumber. The word "direct" is not used in §1301.002(6), when
providing the supervision requirements of a Plumber's Apprentice by a Master
Plumber. The term "Direct Supervision" is defined by Board rule §361.1(20),
as requiring a licensed plumber to be present on-the-job to directly supervise
a Plumber's Apprentice who is engaged in learning and assisting in the installation
of plumbing work. The proposed amendments to Board rule §361.1(20) will
reflect amendments made to §1301.351 of the Plumbing License Law by the
78th Legislature (SB 282, Regular Session), which allows a Plumber's Apprentice
to install plumbing in a new one-family or two-family dwelling located in
an unincorporated area of the state without the continuous or uninterrupted
on-the-job direct supervision of a licensed plumber. The proposed amendments
to Board rule §361.1(20) will also reflect amendments made to §1301.351
of the Plumbing License Law, which require a licensed plumber to have training
and management responsibility for the Plumber's Apprentice and shall review
and inspect the Plumber's Apprentice's work. For the purposes of enforcement
of the Plumbing License Law, the proposed amendments also will require the
Responsible Master Plumber of a plumbing company to provide the name and plumber's
license number of the individual who was assigned to train and manage the
Plumber's Apprentice and to review and inspect the Plumber's Apprentice's
work.
One comment from the Texas Builder's Association was received, supporting
the rule amendment.
The amendments are adopted under and affect Title 8, Chapter
1301, Occupations Code, as amended by the 78th Legislature ("Plumbing License
Law" or "Law"), §1301.251 and §1301.351 and the rule it amends.
Section 1301.251 requires the Board to adopt and enforce rules necessary to
administer the Plumbing License Law. Section 1301.351 allows a Plumber's Apprentice
to install plumbing in a new one-family or two-family dwelling located in
an unincorporated area of the state without the continuous or uninterrupted
on-the-job direct supervision of a licensed plumber.
No other statute, article or code is affected by the amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 23, 2004.
TRD-200400472
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 12, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 458-2145
22 TAC §361.6
The Texas State Board of Plumbing Examiners adopts amendments
to §361.6, which specifies certain fees charged by the Board, including
the fees for late renewal of each license, endorsement and registration issued
by the Board. The amendments are adopted without changes to the proposed text
as published in the November 14, 2003, issue of the
Texas Register
(28 TexReg 10024).
Prior to September 1, 2003, the Plumbing License Law required all fee penalties
for late renewal of a license or endorsement to be determined based on the
amount of an examination fee. The 78th Legislature (Regular Session) amended §1301.403
of the Plumbing License Law (Title 8, Chapter 1301, Occupations Code), to
require that the fee penalties for each late renewal of a license, endorsement
or registration be based on the amount of the renewal fee. The amendments
to §361.6 will reflect these changes in the Plumbing License Law. The
proposed amendments to §361.1 also clarify that renewal fees may be paid
electronically utilizing the internet through the Texas Online website, which
may be accessed through the Board's website.
No comments were received regarding the proposed amendments.
The amendments are adopted under and affect the Plumbing License
Law (Title 8, Chapter 1301, Occupations Code), §§1301.251, 1301.253
and 1301.403. Section 1301.251 requires the Board to adopt and enforce rules
necessary to administer the Plumbing License Law. Section 1301.253 requires
the Board to set fees in amounts that are reasonable and necessary to cover
the costs of administering the Plumbing License Law. Section 1301.403 requires
the Board to set late renewal fee penalties based on the amount of the renewal
fee.
No other statute, article or code is affected by these amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 23, 2004.
TRD-200400473
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 12, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 458-2145
Chapter 365.
LICENSING AND REGISTRATION