HBA-KMH C.S.H.B. 2144 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2144
By: Reyna, Arthur
Licensing & Administrative Procedures
5/7/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, the State of Texas may adopt, through the Texas State Board of
Plumbing Examiners (board), three plumbing codes, mainly for unincorporated
areas of the state.  In an effort to achieve national uniformity, the three
major model code organizations have joined with municipal officials to
develop and publish a single set of model codes, resulting in the
publication of the International Plumbing Code, which is currently
available for adoption by governmental jurisdictions nationwide. 

C.S.H.B. 2144 requires the board to adopt certain plumbing codes.  This
bill also provides that plumbing installed in an area not otherwise subject
to regulation must be installed in accordance with a plumbing code adopted
by the board under this section.  Furthermore, this bill authorizes a
municipality or owner of a public water system to adopt any nationally
recognized model plumbing codes and standards that do not substantially
vary with rules or laws of this state in adopting plumbing codes and
standards, notwithstanding the other provisions of this section. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5B, Article 6243-101,V.T.C.S. (The Plumbing
License Law), to require the Texas State Board of Plumbing Examiners
(board) to adopt certain plumbing codes. Provides that plumbing installed
in an area not otherwise subject to regulation must be installed in
accordance with a plumbing code adopted by the board under this section.
Authorizes a municipality or owner of a public water system to adopt any
nationally recognized model plumbing codes and standards that do not
substantially vary with rules or laws of this state in adopting plumbing
codes and standards, notwithstanding the other provisions of this section.
Deletes the requirement that the board adopt the Southern Standard Plumbing
Code and the National Standard Plumbing Code. Makes conforming and
nonsubstantive changes. 
  
SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2144 modifies the original in SECTION 1 (Section 5B, Article
6243-101,V.T.C.S.)  to require the board to adopt the Uniform Plumbing
Code, as published by the International Association of Plumbing and
Mechanical Officials, and the International Plumbing Code, as published by
the International Code Council.  The substitute deletes the requirement
that the board adopt the Southern Standard Plumbing Code and the National
Standard Plumbing Code.  Additionally, the substitute authorizes a
municipality or owner of a public water system, in adopting plumbing codes
and standards, notwithstanding the other provisions of this section, to
adopt any nationally recognized model plumbing codes and standards that do
not substantially vary with rules or laws of this state, rather than only
the codes and standards that do not substantially vary with the rules or
laws of this state.