reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter H. License, Endorsement, and Registration Expiration and Renewal › Section 1301.404. Mandatory Continuing Professional Education

Sec. 1301.404.  MANDATORY CONTINUING PROFESSIONAL EDUCATION.  (a)  The board by rule shall establish:
(1)  minimum curriculum standards for continuing education programs and courses for persons who hold a license or endorsement issued under this chapter; and
(2)  minimum qualifications for an instructor of the continuing education programs and courses described by Subdivision (1).
(b)  A person who holds a license or endorsement under this chapter must complete at least six hours of continuing professional education annually to renew the person's license or endorsement. Three of the six hours must be in the subjects of health protection, energy conservation, and water conservation.
(c)  The executive director shall approve:
(1)  a program or course that meets the minimum curriculum standards established by the board under Subsection (a); and
(2)  an instructor who meets the minimum qualifications established by the board under Subsection (a).
(d)  A person may receive credit for participating in a continuing professional education program or course only if the program or course is approved by the executive director.
(e)  A person may complete the continuing professional education requirement of this section through a correspondence course as approved by the executive director.
(f)  The board by rule may exempt certain persons from the requirements of this section if the board determines that the exemption is in the public interest.
(g)  A person who is employed by, under contract with, or engaged as a volunteer by a school or institution of higher education to provide instruction in a career and technology education program described by Section 1301.3542 and provides meaningful course instruction in the program, as determined under rules adopted under Section 1301.407, may renew the person's license and any endorsement without complying with Subsection (b) if the person completes the hours of continuing professional education required by that subsection every three years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.305(d), eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 19, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter H. License, Endorsement, and Registration Expiration and Renewal › Section 1301.405. Mandatory Training for Drain Cleaner, Drain Cleaner-Restricted Registrant, and Residential Utilities Installer

Sec. 1301.405.  MANDATORY TRAINING FOR DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT, AND RESIDENTIAL UTILITIES INSTALLER.  (a)  To renew the certificate of registration, a person who holds a certificate of registration under this chapter as a drain cleaner, drain cleaner-restricted registrant, or residential utilities installer must annually complete at least six hours of approved training that includes training in health and safety requirements, board-approved plumbing codes, and water conservation.
(a-1)  The board by rule shall establish:
(1)  minimum curriculum standards for a training program described by Subsection (a) for persons who hold a registration under this chapter; and
(2)  minimum qualifications for an instructor of the training program.
(a-2)  The executive director shall approve:
(1)  a training program that meets the minimum curriculum standards established by the board under Subsection (a-1); and
(2)  an instructor who meets the minimum qualifications established by the board under Subsection (a-1).
(b)  A person may receive credit for participating in a training program only if the program is approved by the executive director.
(c)  The board by rule may exempt certain persons from the requirements of this section if the board determines that the exemption is in the public interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 6, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 20, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter H. License, Endorsement, and Registration Expiration and Renewal › Section 1301.4055. Period for Completing Continuing Education

Sec. 1301.4055.  PERIOD FOR COMPLETING CONTINUING EDUCATION.  The board shall adopt rules to ensure that each holder of a license, registration, or endorsement has at least 12 months to complete any continuing education required for the renewal of the license, registration, or endorsement.
Added by Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 21, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter H. License, Endorsement, and Registration Expiration and Renewal › Section 1301.406. Transfer of License Number

Sec. 1301.406.  TRANSFER OF LICENSE NUMBER.  (a)  On approval by the board, a person who holds an unexpired license under this chapter and whose license has been held continuously for at least 35 consecutive years may transfer the license number on the date of the person's retirement or death to another person who:
(1)  is related within the second degree by consanguinity to the transferor; and
(2)  holds a license issued under this chapter that is the same type of license as the license held by the transferor.
(b)  The application for a transfer of a license number under this section must include the transferor's consent and a designation of whether the license number will transfer on the retirement or death of the transferor.
(c)  The board shall transfer a license number to a person who submits an application and presents evidence satisfactory to the board that:
(1)  the person meets the requirements under Subsections (a)(1) and (a)(2); and
(2)  the transferor is retired or dead.
Added by Acts 2015, 84th Leg., R.S., Ch. 1074 (H.B. 2464), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 273 (H.B. 2095), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter H. License, Endorsement, and Registration Expiration and Renewal › Section 1301.407. Procedures for Verifying Certain Exemptions

Sec. 1301.407.  PROCEDURES FOR VERIFYING CERTAIN EXEMPTIONS.  The board, in consultation with the State Board of Education and the Texas Higher Education Coordinating Board, as appropriate, may adopt rules as necessary to verify whether a person qualifies for an exemption from the required renewal fee, as described by Section 1301.401(c), or an exemption from required continuing professional education, as described by Section 1301.404(g), including rules providing for obtaining and evaluating written verification from the applicable school or institution of higher education of the person's provision of meaningful course instruction in a career and technology education program described by Section 1301.3542.
Added by Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 22, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter I. Disciplinary Procedures › Section 1301.451. Disciplinary Powers of Board

Sec. 1301.451.  DISCIPLINARY POWERS OF BOARD.  (a)  The board shall revoke, suspend, deny, or refuse to renew a license, endorsement, or registration or shall reprimand a holder of a license, endorsement, or registration for a violation of this chapter, an order issued by the board, or a rule of the board.
(b)  A person whose license, endorsement, or registration has been revoked may not apply for a new license, endorsement, or registration before the first anniversary of the date of revocation.
(c)  The board may place on probation a person whose license, endorsement, or registration is suspended.  If a license, endorsement, or registration suspension is probated, the board may require the person:
(1)  to report regularly to the agency on matters that are the basis of the probation;
(2)  to limit practice to the areas prescribed by the board;  or
(3)  to continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
(d)  The board by rule shall:
(1)  adopt written guidelines to ensure that probation is administered consistently;  and
(2)  develop a system to track compliance with the probation requirements.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 22(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter I. Disciplinary Procedures › Section 1301.452. Grounds for Disciplinary Action

Sec. 1301.452.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  A person is subject to disciplinary action under Section 1301.451 if the person violates this chapter, an order issued by the board, or a board rule.  A violation of this chapter includes:
(1)  attempting to obtain or obtaining a license, endorsement, or registration through fraud;
(2)  wilfully, negligently, or arbitrarily violating a municipal rule or ordinance that regulates sanitation, drainage, or plumbing;
(3)  making a misrepresentation of services provided or to be provided;
(4)  making a false promise with the intent to induce a person to contract for a service;
(5)  employing a person who does not hold a license or endorsement or who is not registered to engage in an activity for which a license, endorsement, or registration is required under this chapter;
(6)  performing plumbing without holding the proper license, endorsement, or registration required by this chapter; or
(7)  performing plumbing in violation of a plumbing code adopted under Section 1301.255.
(b)  Retesting procedures may be used to determine whether grounds exist for suspension or revocation of a license, endorsement, or registration due to incompetence or a wilful violation by a person licensed under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 9, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 23, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter I. Disciplinary Procedures › Section 1301.4521. Consequences of Criminal Conviction

Sec. 1301.4521.  CONSEQUENCES OF CRIMINAL CONVICTION.  (a)  The board shall adopt rules in compliance with the guidelines authorized by Chapter 53 relating to criminal convictions.
(b)  The board shall adopt a method to review the agency's compliance with Chapter 53 and the rules adopted under this section.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 23, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter I. Disciplinary Procedures › Section 1301.453. Hearing

Sec. 1301.453.  HEARING.  A person is entitled to a hearing before the board if the board proposes to:
(1)  deny the person's application for a license, endorsement, or registration;  or
(2)  suspend or revoke the person's license, endorsement, or registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter I. Disciplinary Procedures › Section 1301.454. Administrative Procedure

Sec. 1301.454.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is a contested case for purposes of Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.501. Backflow Prevention

Sec. 1301.501.  BACKFLOW PREVENTION.  (a)  A person may not sell, donate, or transfer a water closet plumbing fixture or other equipment that uses water if the fixture or equipment:
(1)  does not comply with a state-approved plumbing code;  and
(2)  may permit the backflow of a nonpotable substance into a potable water supply.
(b)  The board shall adopt rules under this section that include a list describing the types of plumbing to which this section applies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.502. Citation

Sec. 1301.502.  CITATION.  (a)  A water district plumbing inspector or, within the jurisdiction of the municipality, municipal plumbing inspector may issue a citation to a person who engages in conduct described by Section 1301.508.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 32(9), eff. May 26, 2021.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 24, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 24, eff. May 26, 2021.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 32(9), eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.503. Enforcement by Plumbing Inspector

Sec. 1301.503.  ENFORCEMENT BY PLUMBING INSPECTOR.  Each plumbing inspector shall enforce this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.314(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.504. Injunction

Sec. 1301.504.  INJUNCTION.  (a)  In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from violating this chapter or a board rule.
(b)  To sustain an action under this section, the board is not required to allege or prove that:
(1)  an adequate remedy at law does not exist;  or
(2)  substantial or irreparable damage would result from the continued violation.
(c)  Any party to an action under this section may appeal.
(d)  Venue for an action brought under this section is in a district court in Travis County.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.5045. Cease and Desist Order

Sec. 1301.5045.  CEASE AND DESIST ORDER.  (a)  The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to protect public health and safety.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter N.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 25, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.506. Appeal Bond Not Required

Sec. 1301.506.  APPEAL BOND NOT REQUIRED.  The board is not required to post an appeal bond in an action arising under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.507. Civil Penalty

Sec. 1301.507.  CIVIL PENALTY.  A person who violates this chapter or a rule, permit, or order of the board is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation and for each day of violation after notice is provided to the person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.5071. Informal Settlement Conference; Restitution

Sec. 1301.5071.  INFORMAL SETTLEMENT CONFERENCE;  RESTITUTION.  (a)  The board by rule shall establish procedures under which an informal settlement conference is conducted to resolve a complaint against a person licensed under this chapter.
(a-1)  The procedures established under Subsection (a) must:
(1)  identify the types of complaints for which an informal settlement conference may be used; and
(2)  require appropriate documentation of each informal settlement conference that is conducted, including the outcome of the conference.
(b)  Subject to Subsection (c), the board may order a person licensed under this chapter to pay restitution to a person as provided in an agreement resulting from an informal settlement conference instead of or in addition to assessing an administrative penalty under Subchapter N.
(c)  The amount of restitution ordered as provided by an agreement resulting from an informal settlement conference may not exceed the amount the person paid to the license holder for a service regulated by this chapter.  The board may not require payment of other damages or estimate harm in a restitution order.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 25, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 25, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter J. Other Penalties and Enforcement Provisions › Section 1301.508. Criminal Penalty

Sec. 1301.508.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  violates this chapter or a rule adopted under this chapter;
(2)  does not hold a license or endorsement or is not registered under this chapter and engages in an activity for which a license, endorsement, or registration is required;  or
(3)  employs a person who does not hold a license or endorsement or who is not registered to engage in an activity for which a license, endorsement, or registration is required under this chapter.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(b), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter K. Regulation by Certain Political Subdivisions › Section 1301.552. Certificate of Insurance for Plumbing Permit in Political Subdivision

Sec. 1301.552.  CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT IN POLITICAL SUBDIVISION. A political subdivision that requires a responsible master plumber or an agent of a responsible master plumber to obtain a permit before performing plumbing in the political subdivision shall verify through the board's Internet website, or by contacting the board by telephone, that the responsible master plumber has on file with the board a certificate of insurance. The certificate of insurance must:
(1)  be written by an insurer authorized to engage in the business of insurance in this state or an eligible surplus lines insurer, as defined by Section 981.002, Insurance Code;
(2)  provide for commercial general liability insurance for the responsible master plumber for a claim for property damage or bodily injury, regardless of whether the claim arises from negligence or on a contract; and
(3)  provide coverage of not less than $300,000 for all claims arising in a one-year period.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 526 (H.B. 2376), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter K. Regulation by Certain Political Subdivisions › Section 1301.553. Plumbing Inspections in Municipality That Overlaps Another Political Subdivision

Sec. 1301.553.  PLUMBING INSPECTIONS IN MUNICIPALITY THAT OVERLAPS ANOTHER POLITICAL SUBDIVISION.  If the boundaries of a municipality and another political subdivision overlap, only the affected municipality may perform a plumbing inspection and collect a permit fee.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.315(c), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter M. Interagency Cooperation and Regulation › Section 1301.651. Definition

Sec. 1301.651.  DEFINITION.  In this subchapter, "local workforce development board" means a board created under Subchapter F, Chapter 2308, Government Code.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter M. Interagency Cooperation and Regulation › Section 1301.652. Public Education Effort

Sec. 1301.652.  PUBLIC EDUCATION EFFORT.  (a)  The board and the Texas Workforce Commission shall, through the local workforce development boards, coordinate efforts to educate the public about the plumbing profession and the resources available to employers for the recruitment and training of plumbers, including providing:
(1)  each local workforce development board with:
(A)  information about the licensing requirements for the plumbing profession;  and
(B)  available statistical data regarding plumbing;  and
(2)  a link to each agency's Internet site and to the Internet sites of other local workforce development boards.
(b)  The board may, during public and industry awareness seminars, raise awareness of the career ladder in the plumbing industry and the opportunities that plumbing apprenticeships offer.
(c)  This section applies to the extent that the plumbing profession is designated as an occupation in demand by a local workforce development board.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.701. Imposition of Penalty

Sec. 1301.701.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person who violates this chapter or a rule or order adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.702. Amount of Penalty

Sec. 1301.702.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstance, extent, and gravity of any prohibited act;  and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts made to correct the violation;  and
(6)  any other matter that justice may require.
(c)  The board by rule or through procedures adopted by the board and published in the Texas Register shall develop a standardized penalty schedule based on the criteria listed in Subsection (b).
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.703. Notice of Violation and Penalty

Sec. 1301.703.  NOTICE OF VIOLATION AND PENALTY.
(a)  If the board determines that a violation occurred, the board shall give written notice of the violation to the person alleged to have committed the violation.
(c)  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty;  and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 26, eff. May 26, 2021.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 27, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.704. Penalty to Be Paid or Hearing Requested

Sec. 1301.704.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice, the person in writing may:
(1)  accept the determination and recommended penalty of the board; or
(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the determination and recommended penalty of the board, the board by order shall approve the determination and impose the recommended penalty.
(c)  Failure to request a hearing or accept the determination and recommended penalty within the time provided by this section waives the right to a hearing under this chapter.
(d)  If the board determines without a hearing that the person committed a violation and a penalty is to be imposed, the board shall:
(1)  provide written notice to the person of the board's findings; and
(2)  enter an order requiring the person to pay the recommended penalty.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 9.001, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 28, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.705. Hearing

Sec. 1301.705.  HEARING.  (a)  If the person requests a hearing, the board shall set a hearing and give written notice of the hearing to the person.  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.
(b)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the board a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 9.002, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 29, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.706. Decision by Board

Sec. 1301.706.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may:
(1)  find that a violation occurred and impose a penalty;  or
(2)  find that a violation did not occur.
(b)  The notice of the board's order given to the person must include a statement of the right of the person to judicial review of the order.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.707. Options Following Decision: Pay or Appeal

Sec. 1301.707.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the penalty; or
(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Failure by the person to pay the penalty is grounds for the board to refuse to renew the person's license or registration and to refuse to issue a new license or registration to the person.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 13, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.708. Stay of Enforcement of Penalty

Sec. 1301.708.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the 30-day period prescribed by Section 1301.707, a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until all judicial review of the board's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  sending a copy of the affidavit to the board by certified mail.
(b)  If the board receives a copy of an affidavit under Subsection (a)(2), the executive director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.
(c)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 30, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.709. Decision by Court

Sec. 1301.709.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.710. Remittance of Penalty and Interest

Sec. 1301.710.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.711. Release of Bond

Sec. 1301.711.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.712. Collection of Penalty

Sec. 1301.712.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.
(b)  The attorney general may sue to collect the penalty.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter N. Administrative Penalty › Section 1301.713. Administrative Procedure

Sec. 1301.713.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter A. General Provisions › Section 1302.001. Short Title

Sec. 1302.001.  SHORT TITLE.  This chapter may be cited as the Air Conditioning and Refrigeration Contractor License Law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter A. General Provisions › Section 1302.003. Nonapplicability of Law Governing Cancellation of Certain Transactions

Sec. 1302.003.  NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS.  Except as otherwise provided by this section, Chapter 601, Business & Commerce Code, does not apply to a good or service provided by a license holder under this chapter if the transaction involving the good or service is initiated by the consumer.  Chapter 601, Business & Commerce Code, does apply to a transaction that involves a breach of express warranty or a negligent installation in violation of a building code applicable to the good or service sold to the consumer.
Added by Acts 2009, 81st Leg., R.S., Ch. 937 (H.B. 3129), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.052. Application of Municipal Ordinances

Sec. 1302.052.  APPLICATION OF MUNICIPAL ORDINANCES.  Work performed by a person who is exempt from this chapter is subject to any permit, inspection, or approval required by a municipal ordinance.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.053. Homeowners

Sec. 1302.053.  HOMEOWNERS.  This chapter does not apply to a person who engages in air conditioning and refrigeration contracting in a building owned solely by the person as the person's home.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.054. Certain Maintenance Personnel

Sec. 1302.054.  CERTAIN MAINTENANCE PERSONNEL.  This chapter does not apply to a person who performs air conditioning and refrigeration maintenance work if:
(1)  the person is a maintenance person or maintenance engineer and is a regular employee of the owner, lessee, or management company of the property where the work is being performed;
(2)  the person performs the work in connection with the business in which the person is employed;  and
(3)  the person and the person's employer do not engage in air conditioning and refrigeration contracting for the public.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.055. Certain Utilities Personnel

Sec. 1302.055.  CERTAIN UTILITIES PERSONNEL.  This chapter does not apply to a person who engages in air conditioning and refrigeration contracting and is regularly employed by a regulated electric or gas utility.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.056. Engineers

Sec. 1302.056.  ENGINEERS.  This chapter does not apply to a person who is licensed as an engineer under Chapter 1001 and engages in air conditioning and refrigeration contracting work in connection with the business in which the person is employed but does not engage in that work for the public.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.057. Industrial Operation Personnel

Sec. 1302.057.  INDUSTRIAL OPERATION PERSONNEL.  This chapter does not apply to a person who is employed by an industrial operation, including a chemical plant, petrochemical plant, refinery, natural gas plant, or natural gas treating plant, and performs process cooling or heating work for the operation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.058. Certain Products or Equipment

Sec. 1302.058.  CERTAIN PRODUCTS OR EQUIPMENT.  This chapter does not apply to a person who engages in air conditioning and refrigeration contracting on:
(1)  a portable or self-contained ductless air conditioning product that has a cooling capacity of three tons or less;
(2)  a portable or self-contained heating product that does not require the forced movement of air outside the heating unit;
(3)  environmental air conditioning equipment that is intended for temporary use and is not fixed in place;  or
(4)  a residential refrigerator, freezer, or ice machine.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.059. Motor Vehicles

Sec. 1302.059.  MOTOR VEHICLES.  This chapter does not apply to a person who engages in or employs a person who engages in air conditioning services only on a motor vehicle or an MVAC-like appliance as defined by 40 C.F.R. Section 82.152.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 415 (S.B. 383), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.060. Vent Hoods

Sec. 1302.060.  VENT HOODS.  This chapter does not apply to a person who installs, repairs, or removes a vent hood of the type commonly used in residential or commercial kitchens.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.061. Manufactured Homes

Sec. 1302.061.  MANUFACTURED HOMES.  This chapter does not apply to a person or entity licensed as a manufacturer, retailer, or installer under Chapter 1201 and engaged exclusively in air conditioning and refrigeration contracting for manufactured homes if the installation of air conditioning components at the site where the home will be occupied is performed by a person licensed under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.17, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.063. No Exemption for Certain Persons Licensed Under Other Law

Sec. 1302.063.  NO EXEMPTION FOR CERTAIN PERSONS LICENSED UNDER OTHER LAW.  A person who is licensed and engaged in business in this state as a plumber or who is regulated under Chapter 113, Natural Resources Code, may not engage or offer or attempt to engage in air conditioning and refrigeration contracting without a license under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter B. Exemptions › Section 1302.064. Technology Integration

Sec. 1302.064.  TECHNOLOGY INTEGRATION.  This chapter does not apply to a person licensed under Chapter 1702 of this code or Chapter 6002, Insurance Code, who sells, designs, or offers to sell or design a product or technology, including a burglar alarm or fire alarm, that is integrated with an air conditioning or refrigeration system if the sale, design, or offer does not include the installation of any part of an air conditioning or refrigeration system by that person.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 15, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter C. Executive Director and Department Powers and Duties › Section 1302.101. General Powers and Duties

Sec. 1302.101.  GENERAL POWERS AND DUTIES.  (a)  The commission shall adopt rules for the practice of air conditioning and refrigeration contracting that are at least as strict as the standards provided by:
(1)  the Uniform Mechanical Code;  and
(2)  the International Mechanical Code.
(b)  The executive director shall prescribe the design of an original and a renewal license.
(c)  The commission shall maintain a record of the commission's proceedings under this chapter.
(d)  The executive director may authorize disbursements necessary to implement this chapter, including disbursements for office expenses, equipment costs, and other necessary facilities.
(e)  The department may examine any criminal conviction, guilty plea, or deferred adjudication of an applicant for issuance or renewal of a license, including by obtaining any criminal history record information permitted by law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.003, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1174 (H.B. 463), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter C. Executive Director and Department Powers and Duties › Section 1302.1011. Rules

Sec. 1302.1011.  RULES.  The commission shall adopt rules:
(1)  providing for the licensing, certification, and registration of persons under this chapter, including requirements for the issuance and renewal of a contractor license, a technician certification, and a technician registration;
(2)  establishing fees necessary for the administration of this chapter, including fees for issuance and renewal of a contractor license, a technician certification, and a technician registration; and
(3)  implementing the requirements of this chapter as applicable to persons, entities, and activities regulated under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 6, eff. June 17, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter C. Executive Director and Department Powers and Duties › Section 1302.1015. Rules Regarding Renewal Fee and Continuing Education Exemptions for Certain License or Certification Holders

Sec. 1302.1015.  RULES REGARDING RENEWAL FEE AND CONTINUING EDUCATION EXEMPTIONS FOR CERTAIN LICENSE OR CERTIFICATION HOLDERS.  The commission shall adopt rules waiving any applicable renewal fee and providing for a reduction in the number of hours of continuing education required to renew an air conditioning and refrigeration contractor license or air conditioning and refrigeration technician certification for a person who provides instruction in a career and technology education program described by Section 1302.5037.
Added by Acts 2023, 88th Leg., R.S., Ch. 321 (H.B. 1859), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter C. Executive Director and Department Powers and Duties › Section 1302.102. Insurance Requirements

Sec. 1302.102.  INSURANCE REQUIREMENTS.  (a)  The commission by rule shall set insurance requirements for a license holder under this chapter.
(b)  The executive director may waive the insurance requirements for a license holder who does not engage in air conditioning and refrigeration contracting for the public.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.029, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.321, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 7, eff. June 17, 2011.