July 24, 1951 

Hon. C. E. Belk, Administrator 

Texas State Board of Plumbing 

Examiners 

Austin, Texas opinion NO. v-1217 

Re: Authority of the Board of 

Plumbing Examiners to adopt 

a rule that failure of plumbers to comply with city ordinances requiring Indemnity 

bonds will not subject such 

plumbers to State license 

Dear Sir: revocation. 

Your recent letter asks our opinion on the validlty of certain municipal requirements that plumbers 

post indemnity bonds before ,engaging in specified plumbing uork. You ask further whether a rule by the Texas 

State Board of Plumbing Examiners declaring that plumbers’ licenses will not be revoked by it for violation 

of these municipal requirements and that plumbers need 

not comply with these requirements is within the Board's 

authority and would have the legal effect of nullifying 

the municipal requirements. 

The requirements are of two types as set out 

In your letter. One type requires plumbers to post a 

bond before engaging In the business of plumbing, payable to the city for damage to Its streets, sewers, 

water works, etc., caused by the work, and to any property owner for whom the plumber might do plumbing work 

for damage to the owners' property caused by Improper 

work. The second type requires a similar bond before 

dolng a particular plumbing job. Some cities allow, 

but do not require, the filing of a blanket bond, covering all jobs executed by the plumber in lieu of separate 

bonds for each job. 

Article 6243-101, V.C.S., is officially designated as "The Plumbing License Law of 1947." It is a 

comprehensive law providing for the regulation of plumbing. It establishes a State plumbers' licensing system 

to be administered generally by the Texas State Board of 
Hon. C. E. Belk, page 2 (V-1217) 

" .,

Plumbing Examiners and provides for certain municipal 

,regulation of plumbing activities. 

apply to "plumbing" 

Its provisions 

and various classes of plumbers 

and plumbing inspectors as defined In the law. A 

State license Is required of all plumbers who engage 

in "plumbing," as defined, as a business. It provides generally for the regulation of plumbing activities and its provisions together with other State 

statutes as were not reDealed on its enactment are. 

therefore, exclusive on-the subject. Massachusetts 

Bonding & Icaurance Company v. McKs 

'(Tex. Cl,v. App. 1928 error ref.). 

'im 

ipeclfic provlslons of Article 6241-101, pertinent to your inquiry, 

are: 

“Sec. 5. . . . The Board shall formally elect a chairman and a secretarytreasurer from Its members and may adopt 

such rules as It deems necessary for the, 

orderly conduct of Its affairs. . . . 

The Board i&hereby authorized, empowered 

and dlrected~to prescribe, amend and enforce rules, and regulations consistent 

with this Act for the examination and llcenslng of master and journeymen plumbers 

and plumbing inspectors, . . ." 

"sec. 8.. The Board shall Issue lltenses to such persons of good moral 

character, as have by a uniform, reasonable examination shown themselves fit, 

competent and qualified to engage in the 

business, trade or calling of a master 

plumber or journeyman plumber, or plumblng Inspector, as the case may ,be. 

“Sec. 9. The Board shall have power 

to revoke any license Issued hereunder If 

the same was obtained through error or 

fraud, or if the recipient thereof is 

shown to be Incompetent or shall have . 

ullfully, negligently or arbitrarily vlolated municipal rules or ordinances regulating sanitation, drainage and plumbing; 

. . . 

"Sec. 12. Liceos'es issued by the 

Board shall be valid throughout the 

state, but shall not be assignable or 
,’ 

J 

Hon. C. E. Belk, page 3 (V-1217) 

transferable. The Board shall forward to 

the local Board of Health, if there be one, 

of each town, or to the other authority 

having control of the enforcement of regulations relative to plumbing In each town, 

the names and addresses of all persons In 

such town to whom such licenses have been 

granted. . . ." 

"Sec. 15. Every city In this state 

of more than five thousand (5,000) lnhabitants shall, and any city or town of this 

state may, by ordinance or by-law, prescribe 

rules and regulations for the materials, 

construction, alteration and Inspection of 

all pipes, faucets, tanks, valves and other 

fixtures by and through which a supply of 

water, gas or sewage is used or carried; 

and provided that they shall not be placed 

in any building therein except In accordance 

with such rules and regulations; and shall 

further provide that no plumbing shall be 

done except in case of repairing of leaks, 

without a permit being first issued therefor upon such terms anU conditions as such 

city or town shall prescribe; provided that 

no such ordinance, by-law, rule or regulation prescribed by any such city or town 

shall be inconsistent with this-Act, or any 

rule or regulation adopted or prescribed by 

the State Board of Plumbing Examiners." 

Since the Board Is, by the whole tenor of the 

law, charged with the exclusive jurisdiction over the 

'licensing" of plumbers, any municipal regulations which 

conflict with the Board's responslbllltles and its regulations pertinent thereto are Invalid under the terms 

of Section 15. 

It is our opinion, however, that a city may 

require a bond under Its authority to prescribe the 

terms and conditions for the granting of a "permit" 

under the terms of Section 15, and that the Board has 

no jurisdiction over that subject matter. 

The Board's responslbilitles deal primarily 

with the personal fitness and skill of Individual 

plumbers. The "license" which It grants and Its authority to promulgate rules respecting the licensing 
Hon. C. E. Belk, page 4 (V-1217) 

of plumbers are Intended to cover the subject of skill 

and personal fitness of plumbers and matters incidental 

thereto. Cities may not invade that field. Neither 

may the Board invade the field reserved for municipal 

regulation. Section 15 of the Plumbing License Law reserves to municipalities the power to prescribe the 

manner in which plumbing is to be Installed, the type 

and quality of material to be used,. and generally the 

manner in which the work is to be done. The law is 

not Intended to limit the power of a city to exact 

"terms and ~conditlons" for the Issuance of a permit 

whFch s.re designed to guarantee compliance with its 

rules and regulations In the field reserved to it. 

The posting of a reasonable bond to indemnify the municipality or those engaging the plumber 

for damages caused by Improper Installation work Is 

.a requirement generally conceded to be within the authority of a city In the absence of statutory restrlction. 9 McQulllln on Municipal Corporatlons (3rd Ed. 

1950) 155. It is reasonable to conclude that Section 

15 of the Plumbing License Law authorizes cities to 

require bonds for the observance of its regulations 

In the field over which it has supervision. These 

regulations have no direct relation to the personal 

fitness and skill of the Individual plumber. It thus 

appears that a proper bond requirement is beyond the 

authorlty of the Board to prohibit and that such a requirement by a city Is valid. However, we are of the 

opinion that the conditions of the bond required by a 

city must be confined to the field over which It has 

. supervlsion. If a city undertakes to exact conditions 

In the bond which pertain to the plumber's skill and 

fitness, to that extent the requirements would be lnconsistent with the Plumbing License Law. 

Since cities may require a bond as a condltlon to the granting of a permit, ve see no reason why 

they may not allow the filing of a blanket bond covering all jobs done under permits. This Is merely permissive and cannot, therefore,~ be considered as an 

extension of its powers. 

However, since the authority to require a 

bond can be based only on the provisions of Sectlon 

15, the requirement may be made only as a condition 

to the granting of a specific "permit." Munlclpalltles 

are not granted authority to regulate plumbing generally 

but only in the manner Set out in Section 15 as to specific work done in the city. A city,may not, therefore, 

require a bond as a condition to doing a plumbing business. 
Hon. C. E. Belk, page 5 (V-1217) 

SUMMARY 

"The Plumbing License Law of 1947" 

(Article 6243-101, V.C.S.) authorizes a 

municipal requirement that plumbers post 

a reasonable indemnity bond as a condition to the granting of a permit to do 

particular plumbing jobs within the corporate limits of a city or town. The 

munlci.;jallty may allow the filing of a 

blanket bond covering all permits granted. 

However, It may not require a bond as a 

condition to doing a general plumbing 

business. The Texas State Board of Plumbing Examiners has no jurisdiction to adopt 

rules and regulations dealing with the requirements of municipalities for Indemnity 

bonds of plumbers required by cities under 

Section 15 of the Act. 

APPROVED: 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

Yours very truly, 

PRICE DANIFL 

Attorney General 

,%4S%&2& 

Ned McDa<lel 

Assistant 

NMc: jmc