reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.1535. Effect of Building Code Amendment

Sec. 1202.1535.  EFFECT OF BUILDING CODE AMENDMENT.  (a)  An industrialized building that bears an approved decal or insignia indicating that the building complies with the mandatory building codes and that has not been modified or altered is considered to be in compliance with a new mandatory building code adopted by the council or an amendment to a code approved by the council under Section 1202.152 or 1202.153.
(b)  The owner of an industrialized building designed to be transported from one commercial site to another that bears an approved decal or insignia indicating the building complies with the mandatory building codes and that is modified or altered after the date the council adopts a new mandatory building code or the council approves a building code amendment must ensure that the modified or altered building complies with the requirements and standards of the new building code or amendment to the extent required by the most recent edition of the International Existing Building Code adopted by the council.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 10.007, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.1536. Option to Construct Certain Industrialized Housing in Accordance With Certain Energy Efficiency Performance Standards

Sec. 1202.1536.  OPTION TO CONSTRUCT CERTAIN INDUSTRIALIZED HOUSING IN ACCORDANCE WITH CERTAIN ENERGY EFFICIENCY PERFORMANCE STANDARDS.  (a)  Notwithstanding any other provision of this subchapter related to energy efficiency performance standards, a manufacturer or builder of industrialized housing may construct single-family industrialized housing in accordance with the energy efficiency performance standards outlined in:
(1)  the energy code adopted by the council; or
(2)  the energy code in this state for single-family residential construction with any local amendments or alternative compliance paths described by Section 388.003, Health and Safety Code, that are:
(A)  requested by a municipality, county, or group of counties located in the climate zone in which the single-family industrialized housing will be located; and
(B)  determined by the laboratory, as defined by Section 388.002, Health and Safety Code, to be equally or more stringent than the energy code described by Section 388.003(a), Health and Safety Code.
(b)  A manufacturer or builder of industrialized housing shall maintain and, on request, make available to the department, to a design review agency, or to another entity authorized to evaluate industrialized housing under this chapter all documentation necessary to evaluate single-family industrialized housing constructed by the manufacturer or builder in accordance with the energy efficiency performance standards described by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 1125 (H.B. 2546), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.154. Design Review

Sec. 1202.154.  DESIGN REVIEW.  To ensure compliance with the mandatory building codes, the department or approved design review agency shall review all designs, plans, and specifications of industrialized housing and buildings in accordance with council interpretations and instructions.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.008, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.155. Council Stamp of Approval

Sec. 1202.155.  COUNCIL STAMP OF APPROVAL.  (a)  The department or approved design review agency shall place the council's stamp of approval on each page of the designs, plans, and specifications of industrialized housing and buildings that:
(1)  meet or exceed the code standards and requirements under council interpretations and instructions;  and
(2)  are approved by the department or design review agency.
(b)  Each page of the designs, plans, and specifications must bear the council's stamp of approval if the designs, plans, and specifications satisfy the requirements of Subsection (a)(1) and are approved in accordance with Subsection (a)(2).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.156. Council Determination of Certain Questions Related to Industrialized Housing and Buildings

Sec. 1202.156.  COUNCIL DETERMINATION OF CERTAIN QUESTIONS RELATED TO INDUSTRIALIZED HOUSING AND BUILDINGS.  (a)  The council shall determine all questions raised by a municipality in connection with the review of designs, plans, and specifications of industrialized housing and buildings, as authorized by Section 1202.252.
(b)  With reference to the standards and requirements of the mandatory building codes, the council shall determine, from an engineering performance standpoint, all questions concerning:
(1)  code equivalency;  or
(2)  alternative materials or methods of construction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.009, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.157. Council Decisions Binding

Sec. 1202.157.  COUNCIL DECISIONS BINDING.  The decisions, actions, and interpretations of the council are binding on the department, third-party inspectors, design review agencies, and municipalities and other political subdivisions.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter E. Inspections › Section 1202.201. Inspection Procedures

Sec. 1202.201.  INSPECTION PROCEDURES.  The council may issue instructions to establish procedures for inspecting the construction and installation of industrialized housing and buildings to ensure compliance with approved designs, plans, and specifications.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter E. Inspections › Section 1202.202. Department Inspections

Sec. 1202.202.  DEPARTMENT INSPECTIONS.  (a)  To ensure compliance with the mandatory building codes or approved designs, plans, and specifications, the department shall inspect the construction of industrialized housing and buildings. The executive director may designate approved third-party inspectors to perform the inspections subject to the rules of the commission.
(b)  Local building officials may witness department inspections to enable the local officials to make recommendations on inspection procedures to the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.010, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter E. Inspections › Section 1202.203. On-Site Inspections

Sec. 1202.203.  ON-SITE INSPECTIONS.  (a)  A municipal building official shall inspect all construction involving industrialized housing and buildings to be located in the municipality to ensure compliance with designs, plans, and specifications, including inspection of:
(1)  the construction of the foundation system;  and
(2)  the erection and installation of the modules or modular components on the foundation.
(b)  An approved third-party inspector shall perform on-site inspections of industrialized housing to be located outside the municipality.
(c)  An inspection under Subsection (a) shall be conducted:
(1)  at the permanent site, if the inspection is of industrialized housing;  and
(2)  at the commercial site, if the inspection is of industrialized buildings.
(d)  If required by commission rule, an approved third-party inspector shall perform on-site inspections of industrialized buildings to be located outside the municipality.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.011, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter E. Inspections › Section 1202.204. Rules Providing for Decals or Insignia

Sec. 1202.204.  RULES PROVIDING FOR DECALS OR INSIGNIA.  (a)  The commission by rule shall provide for the placement of decals or insignia on each transportable modular section or modular component to indicate compliance with the mandatory building codes.
(b)  The commission by rule shall exempt a construction site building from the requirements of this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.012, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter E. Inspections › Section 1202.205. Reciprocity

Sec. 1202.205.  RECIPROCITY.  (a)  The commission by rule may authorize an inspection of industrialized housing or buildings constructed in another state to be performed by an inspector of the equivalent regulatory agency of the other state.
(b)  The commission by rule may authorize an inspection of industrialized housing or buildings constructed in this state for use in another state.
(c)  The commission shall enter into a reciprocity agreement with the equivalent regulatory agency of the other state as necessary to implement this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.013, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter F. Municipal Authority › Section 1202.251. Reservation of Municipal Authority

Sec. 1202.251.  RESERVATION OF MUNICIPAL AUTHORITY.  (a)  Municipal authority is specifically and entirely reserved to a municipality, including, as applicable:
(1)  land use and zoning requirements;
(2)  building setback requirements;
(3)  side and rear yard requirements;
(4)  site planning and development and property line requirements;
(5)  subdivision control;  and
(6)  landscape architectural requirements.
(b)  Except as provided by Section 1202.253, requirements and regulations not in conflict with this chapter or with other state law relating to transportation, erection, installation, or use of industrialized housing or buildings must be reasonably and uniformly applied and enforced without distinctions as to whether the housing or buildings are manufactured or are constructed on-site.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 363, Sec. 1, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 816, Sec. 10.014, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter F. Municipal Authority › Section 1202.252. Municipal Regulation of Industrialized Housing and Buildings

Sec. 1202.252.  MUNICIPAL REGULATION OF INDUSTRIALIZED HOUSING AND BUILDINGS.  (a)  A municipality that regulates the on-site construction or installation of industrialized housing and buildings may:
(1)  require and review, for compliance with mandatory building codes, a complete set of designs, plans, and specifications bearing the council's stamp of approval for each installation of industrialized housing or buildings in the municipality;
(2)  require that all applicable local permits and licenses be obtained before construction begins on a building site;
(3)  require, in accordance with commission rules, that all modules or modular components bear an approved decal or insignia indicating inspection by the department;  and
(4)  establish procedures for the inspection of:
(A)  the erection and installation of industrialized housing or buildings to be located in the municipality, to ensure compliance with mandatory building codes and commission rules;  and
(B)  all foundation and other on-site construction, to ensure compliance with approved designs, plans, and specifications.
(b)  Procedures described by Subsection (a)(4) may require:
(1)  before occupancy, a final inspection or test in accordance with mandatory building codes;  and
(2)  correction of any deficiency identified by the test or discovered in the final inspection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.015, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter F. Municipal Authority › Section 1202.253. Municipal Regulation of Single-Family and Duplex Industrialized Housing

Sec. 1202.253.  MUNICIPAL REGULATION OF SINGLE-FAMILY AND DUPLEX INDUSTRIALIZED HOUSING.  (a)  Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings.
(b)  For purposes of this section, single-family or duplex industrialized housing is real property.
(c)  A municipality may adopt regulations that require single-family or duplex industrialized housing to:
(1)  have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
Text of subsec. (c)(2) as added by Acts 2003, 78th Leg., ch. 816, Sec. 10.016
(2)  have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
Text of subsec. (c)(2) as added by Acts 2003, 78th Leg., ch. 363, Sec. 2
(2)  have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
(3)  comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings;  or
(4)  be securely fixed to a permanent foundation.
(d)  For purposes of Subsection (c), "value" means the taxable value of the industrialized housing and the lot after installation of the housing.
(e)  Except as provided by Subsection (c), a municipality may not adopt a regulation under this section that is more restrictive for industrialized housing than that required for a new single-family or duplex dwelling constructed on-site.
(f)  This section does not:
(1)  limit the authority of a municipality to adopt regulations to protect historic properties or historic districts;  or
(2)  affect deed restrictions.
Added by Acts 2003, 78th Leg., ch. 363, Sec. 2, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 816, Sec. 10.016, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter G. Prohibited Practices and Disciplinary Procedures › Section 1202.301. Prohibited Practices

Sec. 1202.301.  PROHIBITED PRACTICES.  (a)  In this section, "person" means an individual, partnership, company, corporation, association, or other group, however organized.
(b)  A person may not construct, sell or offer to sell, lease or offer to lease, or transport over a street or highway of this state any industrialized housing or building, or modular section or component of a modular section, in violation of this chapter or a rule of the commission or order of the commission or executive director.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.017, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.270, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1202 - Industrialized Housing and Buildings › Subchapter G. Prohibited Practices and Disciplinary Procedures › Section 1202.302. Denial of Certificate; Disciplinary Action

Sec. 1202.302.  DENIAL OF CERTIFICATE;  DISCIPLINARY ACTION.  In addition to imposing sanctions allowed under Section 51.353, the commission may deny, permanently revoke, or suspend for a definite period and specified location or geographic area a certificate of registration if the commission finds that the applicant or registrant:
(1)  provided false information on an application or other document filed with the department;
(2)  failed to pay a fee or file a report required by the department for the administration or enforcement of this chapter;
(3)  engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code;  or
(4)  violated:
(A)  this chapter;
(B)  a rule adopted by the commission or order issued by the commission or the executive director under this chapter;  or
(C)  a decision, action, or interpretation of the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.018, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter A. General Provisions › Section 1301.001. Short Title

Sec. 1301.001.  SHORT TITLE.  This chapter may be cited as the Plumbing 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 1301 - Plumbers › Subchapter A. General Provisions › Section 1301.003. Application of Sunset Act

Sec. 1301.003.  APPLICATION OF SUNSET ACT.  The Texas State Board of Plumbing Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.09, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 3, eff. May 26, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.18, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter A. General Provisions › Section 1301.004. Nonapplicability of Law Governing Cancellation of Certain Transactions

Sec. 1301.004.  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. 1, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter B. Exemptions › Section 1301.051. Plumbing by Property Owner in Homestead

Sec. 1301.051.  PLUMBING BY PROPERTY OWNER IN HOMESTEAD.  A property owner is not required to be licensed under this chapter to perform plumbing in the property owner's homestead.
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 B. Exemptions › Section 1301.052. Work Inside Counties or Inside or Outside Municipalities

Sec. 1301.052.  WORK INSIDE COUNTIES OR INSIDE OR OUTSIDE MUNICIPALITIES.  A person is not required to be licensed under this chapter to perform plumbing, other than plumbing performed in conjunction with new construction, repair, or remodeling, on a property that is:
(1)  located in a subdivision or on a tract of land that is not required to be platted under Section 232.0015, Local Government Code;
(2)  not connected to a public water system and is located outside a municipality;
(3)  located outside a municipality and connected to a public water system that does not require a license to perform plumbing; or
(4)  located inside a municipality that is within a county that has fewer than 50,000 inhabitants and that:
(A)  has fewer than 5,000 inhabitants; and
(B)  by municipal ordinance has authorized a person who is not licensed under this chapter to perform plumbing.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 3(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter B. Exemptions › Section 1301.053. Work Incidental to Other Professions

Sec. 1301.053.  WORK INCIDENTAL TO OTHER PROFESSIONS.  (a)  A person is not required to be licensed under this chapter to perform:
(1)  plumbing incidental to and in connection with the business in which the person is employed or engaged if the person:
(A)  is regularly employed as or acting as a maintenance person or maintenance engineer; and
(B)  does not engage in plumbing for the public;
(2)  construction, installation, or maintenance on the premises or equipment of a railroad if the person is an employee of the railroad who does not engage in plumbing for the public;
(3)  plumbing if the person is engaged by a public service company to:
(A)  lay, maintain, or operate its service mains or lines to the point of measurement; and
(B)  install, change, adjust, repair, remove, or renovate appurtenances, equipment, or appliances;
(4)  appliance installation and service work, other than installation and service work on water heaters, that involves connecting appliances to existing openings with a code-approved appliance connector if the person performs the work as an appliance dealer or an employee of an appliance dealer; or
(5)  water treatment installations, exchanges, services, or repairs, other than the treatment of rainwater to supply a plumbing fixture or appliance.
(b)  Work described by this section is subject to inspection and approval as provided by applicable state law or municipal ordinance.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 981 (H.B. 2062), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter B. Exemptions › Section 1301.054. Irrigators and Water Well Pump Installers

Sec. 1301.054.  IRRIGATORS AND WATER WELL PUMP INSTALLERS.  A person is not required to be licensed under this chapter to perform plumbing if the person holds a:
(1)  certificate of registration as an irrigator issued under Chapter 1903;  or
(2)  license as a water well pump installer issued under Chapter 1902.
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 B. Exemptions › Section 1301.055. Lp Gas Installers

Sec. 1301.055.  LP GAS INSTALLERS.  A person is not required to be licensed under this chapter to perform LPG system installation if the person performs the LPG system installation as an LP gas installer licensed under Subchapter D, Chapter 113, Natural Resources Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter B. Exemptions › Section 1301.056. Lawn Irrigation Systems

Sec. 1301.056.  LAWN IRRIGATION SYSTEMS.  A person licensed by the board is not required to be licensed by another board or agency to install or work on a lawn irrigation system.
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 B. Exemptions › Section 1301.057. Self-Help Project

Sec. 1301.057.  SELF-HELP PROJECT.  (a)  A person is not required to be licensed under this chapter to perform plumbing, limited to the provision of a residential potable water supply or residential sanitary sewer connection, for a project that:
(1)  is in a county a part of which is within 50 miles of an international border;  and
(2)  is performed by an organization that:
(A)  is certified by the Texas Natural Resource Conservation Commission to provide self-help project assistance;  and
(B)  provides the board with the following information before the 30th day before the date the project begins:
(i)  the exact location of the project;
(ii)  the intended duration of the project;  and
(iii)  other information the board requires.
(b)  The board may require under Subsection (a)(2)(B)(iii) that the organization provide a post-construction report signed by a plumbing inspector stating that the plumbing is safe.
(c)  The board may provide training to an organization that provides self-help project assistance under this section.
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 B. Exemptions › Section 1301.058. Testing of Medical Gas and Vacuum Piping

Sec. 1301.058.  TESTING OF MEDICAL GAS AND VACUUM PIPING.  A person is not required to be licensed under this chapter to verify medical gas and vacuum piping integrity and content.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter B. Exemptions › Section 1301.059. Work Performed on Certain Private Property

Sec. 1301.059.  WORK PERFORMED ON CERTAIN PRIVATE PROPERTY.  (a)  A person is not required to be licensed under this chapter to perform work consisting of installing, servicing, or repairing service mains or service lines that provide water, sewer, or storm drainage services on private property in an area that extends from a public right-of-way or public easement to not less than five feet from a building or structure.
(b)  This section does not apply to plumbing work performed on private property designated for use as a one-family or two-family dwelling.
Added by Acts 2023, 88th Leg., R.S., Ch. 715 (H.B. 2334), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter C. Texas State Board of Plumbing Examiners › Section 1301.151. Texas State Board of Plumbing Examiners Membership

Sec. 1301.151.  TEXAS STATE BOARD OF PLUMBING EXAMINERS MEMBERSHIP.  (a)  The Texas State Board of Plumbing Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  one member who has at least 10 years' practical experience and is licensed as a master plumber;
(2)  one member who has at least five years' practical experience and is licensed as a journeyman plumber;
(3)  one member who has at least five years' practical experience and is licensed as a plumbing inspector;
(4)  one member who has been a responsible master plumber for at least five years with at least 10 years' experience as a licensed journeyman plumber or master plumber;
(5)  one member who is a licensed engineer practicing in the field of plumbing engineering;
(6)  two members who are building contractors with at least five years' contracting experience, one of whom is principally engaged in home building and one of whom is principally engaged in commercial building; and
(7)  two members who represent the public.
(b)  Each member of the board must be a United States citizen.
(c)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.304(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 973 (H.B. 2255), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter C. Texas State Board of Plumbing Examiners › Section 1301.152. Eligibility of Public Members

Sec. 1301.152.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is licensed by an occupational regulatory agency in the building construction industry;
(2)  is employed by or participates in the management of an agency or business entity related to the building construction industry;  or
(3)  has, other than as a consumer, a financial interest in a business entity related to the building construction industry.
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 C. Texas State Board of Plumbing Examiners › Section 1301.153. Membership and Employee Restrictions

Sec. 1301.153.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of building construction;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of building construction.
(c)  A person may not be a member of the board or act as the general counsel to the board or the agency if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the agency.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter C. Texas State Board of Plumbing Examiners › Section 1301.154. Terms

Sec. 1301.154.  TERMS.  Board members serve staggered six-year terms.
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 C. Texas State Board of Plumbing Examiners › Section 1301.155. Issuance of Commission

Sec. 1301.155.  ISSUANCE OF COMMISSION.  On presentation of the constitutional oath of office and a certificate of appointment, the secretary of state shall issue a commission to a board member as evidence of the person's authority to act as a board member.
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 C. Texas State Board of Plumbing Examiners › Section 1301.156. Grounds for Removal

Sec. 1301.156.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 1301.151 or 1301.152;
(2)  does not maintain during service on the board the qualifications required by Section 1301.151 or 1301.152;
(3)  is ineligible for membership under Section 1301.153;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter C. Texas State Board of Plumbing Examiners › Section 1301.157. Officers

Sec. 1301.157.  OFFICERS.  (a)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.
(b)  The board shall elect a secretary from its membership.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter C. Texas State Board of Plumbing Examiners › Section 1301.158. Per Diem; Reimbursement

Sec. 1301.158.  PER DIEM;  REIMBURSEMENT.  (a)  A board member may not receive a fixed salary for service on the board.
(b)  A board member is entitled to receive a per diem as set by the General Appropriations Act for each day the member engages in the business of the board.
(c)  A board member may not receive reimbursement for travel expenses, including expenses for meals and lodging, other than transportation expenses.  A member is entitled to reimbursement for transportation expenses as provided by the General Appropriations Act.
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 C. Texas State Board of Plumbing Examiners › Section 1301.159. Training

Sec. 1301.159.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  this chapter;
(2)  the programs operated by the agency;
(3)  the role and functions of the agency;
(4)  the rules of the agency, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the agency;
(6)  the results of the most recent formal audit of the agency;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;  and
(8)  any applicable ethics policies adopted by the agency or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter D. Executive Director and Other Board Personnel › Section 1301.201. Executive Director and Staff

Sec. 1301.201.  EXECUTIVE DIRECTOR AND STAFF.  (a)  The board shall employ an executive director as the executive head of the agency.
(b)  The board may employ personnel as necessary to administer this chapter.  The board may determine the compensation and duties of its employees and the terms of their employment.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter D. Executive Director and Other Board Personnel › Section 1301.202. Certain Plumbing Examiners

Sec. 1301.202.  CERTAIN PLUMBING EXAMINERS.  (a)  If an examination required for the issuance of a license, registration, or endorsement under this chapter contains a practical component, the board shall employ or contract with one or more plumbing examiners to administer that portion of the examination.   A plumbing examiner must:
(1)  hold a license as a plumber issued under this chapter;
(2)  be knowledgeable of this chapter and municipal ordinances relating to plumbing; and
(3)  be qualified by experience and training in plumbing practice.
(b)  A plumbing examiner shall:
(1)  examine the fitness and qualifications of a person applying to the board for a license as a master plumber, journeyman plumber, tradesman plumber-limited license holder, or plumbing inspector;  and
(2)  promptly certify the result of the examination to the board.
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(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 973 (H.B. 2255), Sec. 3, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 4, eff. May 26, 2021.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 5, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter D. Executive Director and Other Board Personnel › Section 1301.203. Field Representative; Inspections

Sec. 1301.203.  FIELD REPRESENTATIVE;  INSPECTIONS.  (a)  The board may employ a field representative to assist the board in enforcing this chapter and rules adopted under this chapter.  A field representative must:
(1)  hold a license as a plumber under this chapter;
(2)  be knowledgeable of this chapter and municipal ordinances relating to plumbing; and
(3)  be qualified by experience and training in plumbing practice.
(b)  A field representative may:
(1)  conduct on-site license checks to determine compliance with this chapter;
(2)  investigate consumer complaints filed under Section 1301.303;
(3)  assist municipal plumbing inspectors in enforcing this chapter; and
(4)   in the performance of the field representative's other duties under this chapter, check the license, registration, or endorsement of a person regulated by the Texas Department of Licensing and Regulation in accordance with the memorandum of understanding adopted under Section 1301.259 and report any noncompliance to that agency.
(c)  The board by rule shall assign priorities and prescribe procedures for conducting checks described by Subsection (b)(1) based on:
(1)  the degree of potential harm to public health, safety, or property;
(2)  the history of previous violations of this chapter or a rule adopted under this chapter by a person regulated under this chapter; and
(3)  any other indication of increased risk to public health, safety, or property, as determined by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 4, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 6, eff. May 26, 2021.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 7, eff. May 26, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter D. Executive Director and Other Board Personnel › Section 1301.204. Career Ladder Program; Performance Evaluations

Sec. 1301.204.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The presiding officer of the board or the presiding officer's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of each nonentry level position at least 10 days before the date of any public posting.
(b)  The presiding officer of the board or the presiding officer's designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for board employees must be based on the system established under this subsection.
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 D. Executive Director and Other Board Personnel › Section 1301.205. Equal Employment Opportunity Policy

Sec. 1301.205.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the agency to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the agency's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter D. Executive Director and Other Board Personnel › Section 1301.207. Standards of Conduct

Sec. 1301.207.  STANDARDS OF CONDUCT.  The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1301 - Plumbers › Subchapter D. Executive Director and Other Board Personnel › Section 1301.208. Separation of Responsibilities

Sec. 1301.208.  SEPARATION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the agency.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1, 2003.