HBA-DMH H.B. 217 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 217
By: Reyna, Arthur
Licensing & Administrative Procedures
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the Texas State Board of Plumbing Examiners
was required to adopt three plumbing codes.  In an effort to achieve
national uniformity, the International Code Council (ICC) was established
in 1994 as a nonprofit organization dedicated to developing a single set of
comprehensive and coordinated national model construction codes.  The
founders of the ICC are Building Officials and Code Administrators
International, Inc. (BOCA), International Conference of Building Officials
(ICBO), and Southern Building Code Congress International, Inc. (SBCCI). 
Since the early part of the last century, these nonprofit organizations
have developed the three separate sets of model codes used throughout the
United States.  Although regional code development has been effective and
responsive to our country's needs, the time has come for a single set of
codes.  The nation's three model code groups have responded by creating the
ICC.  House Bill 217 requires the board to adopt any plumbing code
published by the ICC and authorizes the board by rule to adopt later
editions of specified plumbing codes. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority expressly delegated  to the Texas State Board of Plumbing
Examiners in SECTION 3 (Section 5B, Article 6243-101, V.T.C.S.) of this
bill. 

ANALYSIS

House Bill 217 amends The Plumbing License Law to modify the plumbing codes
that the Texas State Board of Plumbing Examiners is required to adopt and
authorizes the board by rule to adopt later editions of the adopted
plumbing codes.  The bill removes from the list of plumbing codes the board
is required to adopt the Southern Standard Plumbing Code and the National
Standard Plumbing Code and adds any plumbing code published by the
International Code Council.  The bill provides that plumbing installed in
an area not otherwise subject to regulation under The Plumbing License Law
must be installed in accordance with a board adopted plumbing code.  The
bill authorizes municipalities or owners of a public water system to amend
any provisions of the codes and standards to conform to local concerns that
do not substantially vary with rules or laws of this state.  The bill
modifies the plumbing acts permitted without a license.  The bill provides
that plumbing installed in compliance with an adopted plumbing code must be
inspected by a plumbing inspector. 

EFFECTIVE DATE

September 1, 2001.  The modification of provisions regarding plumbing work
expressly permitted without a license takes effect January 1, 2002.