AUSTIN la. TEXAS 

PRICE DANIEL 

ATmrnFJzY ca~Nmz”A~ 

April 13, 1948 

Ron. C. E. Balk, Administrator 

Board of Plumbing Braminers 

306 West 15th ,Street 

Austin, Texas opinion Ho. v-541 

Re: Applicability of the 

Plumbing L.l.cense,Lav 

of 1947 to butane or 

propane dealers vho 

Install piping used 

exclusively for llquefled petroleum gas 

purposes. 

~Dear Sir:, 

Referenoe is made to Tour request for an opinion on the above captioned subject, and ve quote from 

hour letter, in part, as follovs: 

"1. Ave butane or prop6ne dealers 

who install piping vhich is used exclusively for butane and propane purposes, 

regardless of vhether~the house so plped 

Is Inside or outside of cities OS five 

thousand or more population, 

the provisions of S.' B. 1881 I 

ubjeat to 

ing License Lav of 1947) 

The Plumb-~ 

'2. Are .butane and propane dealers 

who Install appliances for use on butane 

and pro e subject to the provisions of 

9. B. 1 r 8 vhen such Installation requires 

that said dealers or theLr employees find 

It necessary to run additional gas and 

water lines in order to make such appliancea function properly? 

"3. If your titerpretatlon excludes 

butane and propane dealers In Texas from 

the provisions of this Act, would such excluded dealers be subject to any local ordinances which cities In Texas may pass In 
Eon. C. 6. Belk, page 2 (V-541) 

an attempt to bring such butane and propane 

dealers under the provlelone of their local 

plumbing ordinances, or vould the provlalone of 8. 

ordlnancea?~ 

B. 188 prevail over such local 

As you have noted In your request, the Railroad Co~selon Is given a general regulation and llaenelng authority over liquefied petroleum gas dealers 

Snd operators who install liquefied petroleum gas etorage and dispensing systems and plplng. The authority o? 

'the Railroad Commlsslon to license such activities 1s~ 

cixitalned In Acts 1945 49th Le 

pige 629, codlrled in #ernon(s 8 

9. B. 269, ch. 358, 

i6$1 Statutes as Artiale 6053 from which we quote the pertinent excerpts: 

'Sea, 7. (1) No person, firm or corporation shall enga e In this state ln the 

manufaoturlng, and B or aesembll 

repairing, and/or selling, and or install7, -d/or 

ing of containers to be used with llquefled petroleum gases aa a fuel, nor shall 

such person, firm, or corporation engage 

In the sale, traneportatlon,~dlspensing or 

storage o? liquefied petroleum gases within 

this state, except where stored by the ultimate consumer for consumption only, without 

having fipet obtained from the Railroad Commission of Texas under the provisions of 

this Act 4 license so to do. Applications 

for such licensee shall be In writing and 

shall contain such~lnformatlon as the Conmlseion shall preecrlbe. No such license 

shall be Issued until a hearing is had 

thereon and~the Commission has determined 

that the applicant has made good and eufficient proof that he can and will meet all 

safety requirements provided in this Act 

and by the rules and regulations of the 

Railroad Commission, and the Con&salon 

finds that such applicant Is qualified and 

the evidence adduced justifies Issuance of 

such license. The Railroad Commission shall 

have the authority to promulgate rules and 

regulations fo$ the safety and protection 

of the public. 

"sec. 8, Provided further, that the 

Coamlssion shall have the authority to 
Eon. C. E. Belk, page 3 (V-541) 

require every person, firm or corpopation who makes lnetallatlone or repairs 

of containers, equipment, 4nd/or appllancee, or rirme, persona or aorporatlons 

using inetallatlon men, se-ice men, and 

repair men, to have at least one person 

in their regular employ or organlaatlon 

vho shall prove through an examination 

given by the Railroad Comslsslon that he 

has a thorough knowledge and underetandlng of the containers, appliances a4d 

equipment they Intend to install; and providing further that he is aompetent sad 

qualified to properly Install, sertiae 

and/or repair such contalnere, sppllancee 

and equipment; such examlnatlan to be bssed upon recognized standard aodes and 

practices as promulgated by the Railroad 

Comuleslon. Persons, firms, aorporatlone 

or aseoclatlons who handle appliances exclusively for use with natural gae;and 

who do not offer their appliances for 

sale or use with liquefied petroleum 

gases, are exempted from the $rovislons 

of this Act," 

Additional provisions of Art. 6053 require a 

surety bond In favor of the State of Texas, and policies of insurance to protect those who may be injured 

by any act of negll 

'4 

ence on the part of liquefied petroleum gas dealers. t also contains sections providing 

for procedures for hearings In connectlon'wlth complaints against licenses. Provlsior~ for payment of a 

fee for the license reqnired by Section 7 of-the Aat 1s 

also mnde. 

The Plumbing Ucense tiw of 1947, to which you 

refer, Is codified as Article 6243-101, V. C. 9. It PBqulree a license of plumbers and in Section 2 defines 

plumbing as follows: 

"Sec. 2 (a) The word or term 

lplruablngl as used in this Act mans 

and shall lnalude'. (1) All piping, fixtures, appurtenances and appliances for 

a supply of water or gas, or both, for 

Sll personal or domestic purposes in and 

abmtbuildinge where a person or persons 

live, vork or assemble; all piping, flx- 
Hon. 0. E. Belk, page 4 (v-541) 

turea, appuvtenanaes sad appliances outside a bulldlng aonueatfng the building 

vlth the source of vater or gas supply, 

or both, on the premleee, or the main in 

the street, alley or at the curb; all plplng, fixtures, appurtenances, appliances, 

drain or waste pipes carrying waste water 

or sewage from or within a bnildlng to the 

sever servlae lateral at the curb or In 

the street or alley or other disposal ter 

minal holding private or domestic sewage; 

(2) the installation, repair and malntenance of all piping, fixtures, appurtenances and appliances In and about bulldings vhere a person or persons live, vork 

or assemble, for a supply of gas, water, 

or both, or disposal of waste water or 

sewage e 

We vi11 first consider the question of vhether those engaged solely in the liquefied petroleum gas 

business vlthln the terms of Article 6053 are also subject to the requirements of the Plumbing License hw of 

1947. 

By Article 6053, the Legislature bas set up 

elaborate regulatory provisions applicable to the llquefled petroleum industry Including thetldelegation of 

authority to the Railroad Commission to promulgate 

rules and r$gulatlone for the safety and protection of 

the public. It further authorized the Commission to 

require all vho make, or employ others to make, lnstallatlone or repairs of containers, equipment and/or appllantes, to have at least one person in their employ or 

organization who shall prove through examination that he 

baa all of the knowledge, competency and qualifications 

necessary to do the work, the examination to be based 

upon recognized standard codes and practices as promulgated by the Commlsslon. 

Such requirements, and those the Commlsslon Is 

authorized to make thereunder, are designed to accomplish the identical ends insofar as the lnstallatlon, 

etc. of liquefied petroleum gas facilities as the 'Plumbers License Lav Is designed to accomplish as to plUmalng installation 

f5 

enerally, including gas fixture installation. The lquefled Petroleum Gases Law goes further than to provide measures to assure comrmtenc& and 

authorizes the regulation of manufacture and installa- 
Eon. C. E. Belk, page 5 (V-541) 

tlon of all equipment designed for the utlllzstion of 

liquefied petroleum gases. 

Are ve, therefore, to construe the Plumber’s 

License Law as a modification of the Liquefied Petroleum Gases Iaw In requlrlng an additional or duplicate 

exaaination into the competency of those engaged solely 

In the business contemplated by Article 6053, and lncldentally require them to qualify to engage ln plumbing 

actlvltlee having no relation whatever to the lnetallatlon, repalr and servicing of liquefied petlioleuia gas 

facllltles? Such an Interpretation can arise based 

solely on a strictly literal interpretation of its lanBua ge l 

It Is true that one holding a general license 

having as Its purpose the accomplishment of leglelatlve 

ends dlffepent from those of a more specific license to 

do things Included In the general license may be required to obtain the specific license. It my also be true 

that one holding such a specific license my be requlred to obtain the general license. But vhen the specific 

license requirement Is designed to accomplish all of the 

ends of the general license requirement a.nd mope too, 

then ve believe that the latent of the Legislature is 

fulfilled by meeting the requirements of the specific 

license by one engaged goleu In the endeavor or oaoupatlon contemplated by the latter. 

This principle has been recognized In the construction of tax and license statutes and opdlnances In 

sitnations believed to be anarlogoue to the present considerations. In the case of Terse Company v. Stephens, 

103 5.W. 481, by the Supreme Conzlt of Texas, the court 

said: 

“The 8ame person or corporation may 

carry on several different businesses, and, 

of course, may be taxed in respect of each, 

but, vhen the Legislature has defined and 

taxed one business, It Is not to be aseumed that it has Intended to again tax the 

same business uuder another name, nor Is 

It to be assumed that It has~fntended to 

tax, as a distinct business, that vhlch la 

a mere Incident of another business vhlch 

has been defined and taxed as a whole.* 

Ye are of the opinion that those vho do no 
Hon. C. B. Belk, page 6 (V-541) 

plu+ng work- other-th+n t+t a~d lnaldentslly to the 

business regulated by Article 6053 are not subject to 

the Plumbers Ucenee Law. 

The Plumbing License Law contains provisions . 

whiah we believe support the construction which we 'have 

placed thereon in the light of the &pefled Petroleum 

Oases Law and other enactments. 

Section 15 of such lav provides: 

"Every city in this State of more 

than five thousand (5,000) lnhabltanta 

shall, and any city or town of this State 

nuxy, by ordinance or by law, prescribe 

rules and regulations for the aterlals, 

construction, alteration and Inspection 

of all pipes, fauce.t&, tanks, valves, and 

other fixtures by and through which a supply of eater, gas or sevage is used or 

carried; and provided that they shall not 

be placed In any bulldlng therein exaept 

in accgrdanoe with such rules and regulations. 

The above Section la in direct conflict with 

Sections 3 to 6 of Article 6053 authorizing the Railroad 

Com@sslon to presaribe rules and'r&@atlons covering 

the same eubject~ matter Insofar as the utilization of 

liquefied petroleum gases 1s concerned. An attempt to 

blend these enactments Into a system of concurrent 4nd 

simultaneous jurisdiction over the llquefled~petroleum 

Industry la obviously Impractical. Ro such result could, 

In reason, havebeen contemplated by the Legislature. 

Repeals by lmpllcation~are not favored. Here 

a specific lav deals vlth licensing liquefied petroleum 

gas handlers and a later general law is silent on this 

particular type of workman. Both laws must be harmonieed and upheld If possible. The later law will not be 

held to lmplledly repeal the former. Uquefled petroleum gases being highly explosive, require special handling and ihe Legislature has made special provision for 

Its handling thPough.the Railroad Commission, and not by 

regulation through the State Board of Plumbing Examiners. 

Your first two question are, therefore, answered In the negative. 
BOIL C. E. Belk, page 7 (v-541) 

As to your third question, hating concluded 

that liquefied petroleum gas enterprlsed are not eubject to the Plumbing License Law, we,belleve that the 

extent to vhich munlclpalltles might regulate them Is 

not affected by anfof the provisions thereof. We aannot state aategorlcally that local city plumbing ordinanaee would not apply to them in any particular. However, since the Legislature has seen fit to 

under the regulation and supervision of t&e Ii 

laae them 

allroad 

Commission, to that extent Railroad Commlsslon regulation would be flxcluslve. 

43 C. J. 422, 

The general+e Is stated in 

Munlclpal Corporatlone , Section 553: 

“The power to regulate public utllltlee~may be and oftehtlmes la, delegated 

by the State to boards or cosnnlsslons. 

Then the question arises whether the pover 

of euah body is exclusive or concurrent 

with that of the municipal corporation. 

If the ptier conferred on the board or 

commission may be exercised without being 

interfered with by the regulation of the 

munlclpal corporation, the power may be 

exercised concurrently to the extent that 

the mtmlalpal regulation does not conflict 

vlth the exerolse of the power aonferred 

upon the state board or~aoam&sslon. Following the general rule, municipal regulations dealing with public utllltles cannot conflict vlth statutory enactments on 

the subject. Ordinarily power conferred 

on public service boards or comnlsslons 

over publla utllltles exaludes the cqporatlon from acting In the premises. 

This rule would also apply where activities, 

other than those of “public utilities”, are under statutory authority, regulated by a State board or commlsslon. 

SUMMARY 

Liquefied petroleum gas enterprises 

regulated under Article 6053, V. C. S., 

are not subject to the provisiona of Article 6243-101, V. C, S., the Plumbing Litense Lav of 1947. Municlpalltles may not 

regulate such liquefied petroleum gas con- 
Ron. C. IL Belk, page 8 (V-541) 

aerna in 4 manner lnaonalatent xith Arti- ,I 

1 ale, 6053,'V. 0. a., az@ the regulation8 

thereof by the Railroad Coml&an. 

TotAre VtRy tFUly, 

c&c&)+& 

ha bDanie1 ,. 

Assistant '