PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
CHAPTER 343. CONTESTED CASE PROCEDURE
22 TAC §§343.5, 343.6, 343.8, 343.9, 343.21, 343.22, 343.36, 343.40, 343.41
The Texas Board of Physical Therapy Examiners adopts amendments to 22 Texas Administrative Code (TAC) Chapter 343. Contested Case Procedures, Occupations Code. Specifically, the Board adopts amendments to §343.5. Licensure of Persons with a History of Substance Abuse, §343.6. Other Grounds for Denial of a License or Discipline of a Licensee, §343.8. Licensure of Persons with a History of Voluntary or Involuntary Psychiatric Hospitalization, §343.9. Licensure of Persons with Criminal Convictions, §343.21. Witness Fees and Expenses, §343.22. Service of Notice, §343.36. Filing and Receipt of Complaints, §343.40. Informal Conference, and §343.41. Agreed Orders.
The amendments are adopted without changes to the proposed text as published in the June 16, 2023 issue of the Texas Register (48 TexReg 3060). The rules will not be republished.
The amendments are adopted in order to provide clarity to the procedures for contested cases; to correct inaccurate and outdated references; and to conform the rules with the physical therapy provisions in Chapter 453, Occupations Code, with the administrative procedures in Chapter 2001, Government Code, and with the consequences of criminal conviction in Chapter 53, Occupations Code.
No public comment was received.
Statutory authority: The amendments are adopted under Texas Occupation Code §453.102, which authorizes the board to adopt rules necessary to implement chapter 453.
The amended rules are adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 24, 2023.
TRD-202302618
Ralph Harper
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: September 1, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-6900
The Texas Board of Physical Therapy Examiners adopts amendments to 22 Texas Administrative Code (TAC) §346.3. Early Childhood Intervention (ECI) Setting, relating to the provision of physical therapy services to infants and toddlers in an early childhood setting.
The amendments are adopted in order to update a Code of Federal Regulations reference, to eliminate the requirement for the completion of an evaluation and reevaluation to be done onsite allowing for provision via telehealth if indicated, to align the 60-day review of the plan of care (POC) to the requirement in other settings prior to continuation of treatment by a physical therapist assistant, and to report recommendations following a review of the POC to the ECI Interdisciplinary Team.
The amendments are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3063) and will not be republished.
No public comment was received.
The amended rule is adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 24, 2023.
TRD-202302619
Ralph Harper
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: September 1, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-6900
CHAPTER 361. ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §§361.1, 361.4, 361.6, 361.10, 361.12, 361.15
The Texas State Board of Plumbing Examiners (Board) adopts the rule amendments to 22 Texas Administrative Code (TAC), Chapter 361, §§361.1(a)(3), (9), (14), (21), (23), (25), (36), (39), (47); 361.1(b); 361.4; 361.6; 361.10; 361.12; and 361.15 which concern definitions and general provisions. The rule amendments for §§361.4, 361.6, 361.10, 361.12, and 361.15 are adopted without changes to the proposed text published in the February 24th, 2023, issue of the Texas Register (48 TexReg 1011). These rules will not be republished. The published proposed rule amendment under §361.1(a)(18) regarding virtual supervision was not adopted as proposed which constitutes a change. Therefore, §361.1 will be republished.
REASONED JUSTIFICATION FOR THE ADOPTED RULE AMENDMENTS
The rules under 22 TAC, Chapter 361, support Texas Occupations Code, Chapter 1301, Texas State Board of Plumbing Examiners (Plumbing License Law or PLL).
The adopted rule amendments implement changes to the PLL as amended by House Bill 636, 87th Texas Legislature, Regular Session, 2021 (HB 636), and Board efforts to improve regulation of the industry by simplifying the rules as part of its four-year rule review. The rule simplification efforts, directed by the Board, make the rules easier to understand and enforce by eliminating unnecessary language, adding clarifying language, and restructuring regulations to make the rules more efficient. Unnecessary internal references to rule and statute have been eliminated to keep the rules current regardless of changes to statutes and rules.
SECTION-BY-SECTION SUMMARY
The adopted rule amends §361.1 which lists definitions. The definitions do not create any affirmative duty on or regulation of registrants or licensees. The definitions simply define terms for use by the rules and PLL. The specific definitions adopted are amended as follows:
(3) Advisory Committee. The language is updated to be more concise and eliminates unnecessary and outdated rule reference. This allows the rules to stay current regardless of changes to referenced laws or rules.
(9) Certificate of Insurance. The language is updated to be more concise and eliminates unnecessary and outdated rule and statutory references. This allows the rules to stay current regardless of changes to referenced laws or rules.
(14) Complaint. The language is updated to be more concise.
(21) Field Representative. The amendment makes the rule more concise by eliminating an unnecessary reference and correcting a spelling mistake.
(23) License. The language has been updated to be more concise.
(25) Maintenance Man or Maintenance Engineer. This definition defines what work maintenance staff may perform. The definition is amended to include longstanding and inadvertently repealed language showing that work incidental to and in connection with maintenance duties does not include cutting into fuel gas plumbing systems and installation of gas fueled water heaters. This language was present from 2000 until July 2017 when the rule was re-organized. Staff, discovering the inadvertent deletion during the four-year rule review, believe it was repealed in error. The long-standing language is reclaimed into the definition to provide clarifying guidance for ease of use and does not expand or restrict the current industry practice of maintenance men or maintenance engineers.
(36) Petitioner. The definition is updated to eliminate unnecessary references. This allows the rules to stay current regardless of changes to referenced laws or rules.
(39) Plumbing Inspector. The definition is updated to eliminate unnecessary references. This allows the rule to stay current regardless of changes to referenced laws or rules.
(47) Responsible Master Plumber (RMP). The definition is updated to eliminate unnecessary references. This allows the rule to stay current regardless of changes to referenced laws or rules.
The amendment at §361.1(b) deletes language that states that any definition not in rule is defined by the statute. This language is unnecessary and deleted to make the rules more concise.
The adopted rule amends §361.4 which makes the rule more concise by deleting language requiring the Board to set forth in writing procedures for its operation. These written procedures are not required in statute.
The adopted rule amends §361.6 on renewal fees for Medical Gas Installation, Multipurpose Residential Fire Protection Sprinkler Specialists, Water Supply Protection Specialists endorsements and the related late renewal fees. These fees are eliminated. The Board has not been collecting these fees. The rules simply update their current practice.
The adopted rule amends §361.10 on the Historically Underutilized Business (HUB) Program. The rule is amended to incorporate the rules of the Texas Comptroller of Public Accounts, not the Texas Facilities Commission as is appropriate.
The adopted rule amends §361.12 on advisory boards. Rule provisions, not required by statute, for advisory boards are eliminated to make the rule more concise. The Board currently has no advisory boards.
The adopted rule amends §361.15. Rule language about when the Board will elect a secretary is eliminated as unnecessary and not required by Section 1301.157 of the statute.
SUMMARY OF PUBLIC COMMENT
The Board drafted and distributed the proposed rule amendments to persons internal and external to the agency. The proposed rule amendments were published in the February 24th, 2023 issue of the Texas Register (48 TexReg 1101). No comment was received on the adopted rule amendments.
Public comments were received only on §361.1(a)(18), which was not adopted. Those comments are summarized below:
Comment: APHCCT opposed the proposed rule amendment stating that the change has the potential to negatively impact the health and safety of Texans, particularly in terms of faulty installation in homes and businesses. Loosening supervision restrictions by allowing virtual supervision poses risks to both customers and licensed plumbers because it can be exploited by unethical individuals seeking to cut corners in their work. The proposal does not adequately train individuals to install safe, sanitary plumbing. It is essential to have a licensed plumber on-site to demonstrate and explain the necessary steps and reasons behind proper installation to train a plumber. The use of virtual supervision may not provide the licensed plumber with a comprehensive view of the situation, as the on-site individual controls what they show and hide. Apprentices currently do not have to submit their fingerprints to the board, and without a licensed plumber present, the purpose of requiring fingerprints for customer protection is defeated.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment stating that permitting virtual offsite supervision will diminish the value of journeyman and tradesman licenses.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment stating that permitting virtual offsite supervision will diminish the value of journeyman and tradesman licenses.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor expressed concern that permitting virtual supervision could take jobs away from licensed plumbers. However, virtual supervision could be useful if limited to on-site licensed plumbers sending progress updates to RMPS.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment. Permitting virtual offsite supervision will diminish the value of journeyman and tradesman licenses.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment. Allowing virtual supervision puts the public at risk by drastically reducing the required skill level of individuals performing plumbing work. However, the amendment would benefit hiring and increase production but considers the cost to public safety too high.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment. Concerned that this change would seriously impact the installation of plumbing systems, especially medical gasses, fuel gas systems, sanitary sewer, and potable water systems. Virtual supervision will harm on-the-job learning processes and the Board's enforcement of this rule.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because it incentivizes RMPs to only employ apprentice plumbers instead of tradesmen or journeymen. Asserts that RMPs should not be able to supervise from miles or states away.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because it will be detrimental to the public's health. Concerned that video supervision is susceptible to manipulation and is an insufficient tool to train new apprentices or prevent dangerous situations on-site. Argues that this amendment harms the necessary hands-on training and supervision required of the profession.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because it is not a sufficient option for supervising plumbers.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because it will diminish the value of plumbing licenses and contradicts the importance of education in the industry. Indirect supervision increases the risk of accidents and problems.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because virtual supervision is inadequate. It is impossible to see the job's full parameters and necessary details from offsite.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because inexperienced plumbers should not have to video call their supervisors at every job.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because it will act as a loophole for companies to employ inexperienced apprentice plumbers in Texas to work without real supervision. The commentor recommends limiting this rule to exclude plumbers with limited time in the trade.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because virtual supervision is insufficient. Concerned that allowing virtual job supervision is not as effective as providing a presence on the job site.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because it will diminish industry integrity. Journeyman and Tradesman licenses will be devalued and replaced by less expensive apprentices. Companies will rely on apprentices that need no prerequisites threatening the industry's integrity. The commentor has concern that the amendment lacks distinction between new residential, existing residential, and commercial plumbing, and recommends restricting the rule for apprentices qualified to take the examination instead of all apprentices. The commentor recommends a minimum of one year of apprentice work before qualifying for virtual supervision and the exclusion of commercial plumbing. Virtual supervision should be limited to minor residential repairs, not including slab leaks, water heaters, gas work, or tunnel jobs.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because permitting virtual supervision will destroy tradesman licenses. Additionally, it would be difficult for a RMP to properly view the on-site work.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because virtual supervision may incentivize inexperienced apprentices to avoid seeking guidance from supervisors. In this situation, the health and safety of plumbers and the public may be at risk.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor opposed the rule amendment because the proposed language is too broad. There is concern that this change will negate the necessity of tradesman and journeyman licenses. The commentor recommends excluding commercial work from virtual supervision.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
Comment: The commentor supports RMPs being fully responsible for direct supervision, including virtual.
Response: The Board appreciates the comment.
Comment: The commentor supports the use of modern technology to allow RMPs to supervise experienced apprentices performing simple activities. The amendment would allow for more efficient management, and the liability of the apprentice's work will still fall back on the RMP and the company.
Response: The Board appreciates the comment.
Comment: The commentor supports the ability to remotely supervise experienced apprentices because it helps address the industry's labor shortage.
Response: The Board appreciates the comment.
Comment: The commentor states that virtual visual oversight will make it easier to put workers on job sites but is concerned with RMP's supervising multiple job sites simultaneously. The commentor requests clarification as to whether this allows for intermittent video/virtual oversight or if continuous supervision is required.
Response: The Board appreciates the comment and as a result has determined not to adopt the rule amendment at §361.1(a)(18) as published.
BOARD ACTION
At its meeting on June 27, 2023, the Board adopted the proposed rule amendments as published, with the exception of the proposed definition on virtual supervision at §361.1(a)(18).
STATUTORY AUTHORITY
The rules are adopted under the authority of § 1301.251(2) of the Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce the Plumbing License Law.
§361.1.Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
(1) APA--The Administrative Procedure Act, Chapter 2001 of the Texas Government Code.
(2) Adopted Plumbing Code--A plumbing code, including a fuel gas code adopted by the Board or a political subdivision, in compliance with §1301.255 and §1301.551 of the Plumbing License Law.
(3) Advisory Committee--A committee appointed by the presiding officer of the board created to assist the board in exercising its powers and duties.
(4) Appliance Connection--An appliance connection procedure using only a code-approved appliance connector that does not require cutting into or altering the existing plumbing system.
(5) Applicant--An individual seeking to obtain a license, registration or endorsement issued by the Board.
(6) Board--The Texas State Board of Plumbing Examiners.
(7) Board Member--An individual appointed by the governor and confirmed by the senate to serve on the Board.
(8) Building Sewer--The part of the sanitary drainage system outside of the building, which extends from the end of the building drain to a public sewer, private sewer, private sewage disposal system, or other point of sewage disposal.
(9) Certificate of Insurance--A form submitted to the Board certifying that the Responsible Master Plumber carries insurance coverage as specified in the Plumbing License Law and Board Rules.
(10) Chief Examiner--An employee of the Board who, under the direction of the Executive Director, coordinates and supervises the activities of the Board examinations and registrations.
(11) Cleanout--A fitting, other than a p-trap, approved by the adopted plumbing code and designed to be installed in a sanitary drainage system to allow easy access for cleaning the sanitary drainage system.
(12) Code-Approved Appliance Connector--A semi-rigid or flexible assembly of tube and fittings approved by the adopted plumbing code and designed for connecting an appliance to the existing plumbing system without cutting into or altering the existing plumbing system.
(13) Code-Approved Existing Opening--For the purposes of drain cleaning activities described in §1301.002(3) of the Plumbing License Law, a code-approved existing opening is any existing cleanout fitting, inlet of any p-trap or fixture, or vent terminating into the atmosphere that has been approved and installed in accordance with the adopted plumbing code.
(14) Complaint--A written complaint filed with the Board against a person whose activities are subject to the jurisdiction of the Board.
(15) Contested Case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Board after an opportunity for adjudicative hearing.
(16) Continuing Professional Education or CPE--Approved courses/programs required for a licensee or registrant.
(17) Director of Enforcement--An employee of the Board who meets the definition of "Field Representative" and, under the direction of the Executive Director, coordinates and supervises the activities of the Field Representatives.
(18) Direct Supervision--
(A) The on-the-job oversight and direction of a registered Plumber's Apprentice performing plumbing work by a licensed plumber who is fulfilling his or her responsibility to the client and employer by ensuring the following:
(i) that the plumbing materials for the job are properly prepared prior to assembly according to the material manufacturers recommendations and the requirements of the adopted plumbing code; and
(ii) that the plumbing work for the job is properly installed to protect health and safety by meeting the requirements of the adopted plumbing code and all requirements of local and state ordinances, regulations and laws.
(B) The on-the-job oversight and direction by a licensed Plumbing Inspector of an individual training to qualify for the Plumbing Inspector Examination.
(C) For plumbing work performed only in the construction of a new one-family or two-family dwelling in an unincorporated area of the state, a Responsible Master Plumber is not required to provide for the continuous or uninterrupted on-the-job oversight of a Registered Plumber's Apprentice's work by a licensed plumber, however, the Responsible Master Plumber must:
(i) provide for the training and management of the Registered Plumber's Apprentice by a licensed plumber;
(ii) provide for the review and inspection of the Registered Plumber's Apprentice's work by a licensed plumber to ensure compliance with subparagraph (A)(i) and (ii) of this paragraph; and
(iii) upon request by the Board, provide the name and plumber's license number of the licensed plumber who is providing on-the-job training and management of the Registered Plumber's Apprentice and who is reviewing and inspecting the Registered Plumber's Apprentice's work on the job, or the name and plumber's license number of the licensed plumber who trained and managed the Registered Plumber's Apprentice and who reviewed and inspected the Registered Plumber's Apprentice's work on a job.
(19) Endorsement--A certification issued by the Board as an addition to a Master Plumber, Plumbing Inspector, or Journeyman Plumber License or a Plumber's Apprentice Registration, including a Drain Cleaner Registration, a Drain Cleaner-Restricted Registration, and a Residential Utilities Installer Registration.
(20) Executive Director--The executive director of the Texas State Board of Plumbing Examiners who is employed by the Board as the executive head of the agency.
(21) Field Representative--An employee of the Board who is:
(A) knowledgeable of the Plumbing License Law and of municipal ordinances related to plumbing;
(B) qualified by experience and training in good plumbing practice and compliance with the Plumbing License Law;
(C) designated by the Board to assist in the enforcement of the Plumbing License Law and Board rules;
(D) licensed by the Board as a plumber; and
(E) hired to:
(i) make on-site license and registration checks to determine compliance with the Plumbing License Law;
(ii) investigate complaints; and
(iii) assist municipal plumbing inspectors in cooperative enforcement of the Plumbing License Law.
(22) Journeyman Plumber--An individual licensed under the Plumbing License Law who has met the qualifications for registration as a Plumber's Apprentice or for licensure as a Tradesman Plumber-Limited, who has completed at least 8,000 hours working under the supervision of a Responsible Master Plumber, who supervises, engages in, or works at the actual installation, alteration, repair, service and renovating of plumbing, and who has successfully fulfilled the examinations and requirements of the Board.
(23) License--A license, registration, certification, or endorsement issued by the Board.
(24) Licensing and Registering--The process of granting, denying, renewing, reinstating, revoking, or suspending a license, registration or endorsement.
(25) Maintenance Man or Maintenance Engineer--An individual who:
(A) is an employee, and not an independent contractor or subcontractor;
(B) performs plumbing maintenance work incidental to and in connection with other employment-related duties; and
(C) does not engage in plumbing work for the general public.
(D) For the purposes of paragraph 25(B), "incidental to and in connection with" includes the repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures and existing water heaters. It does not include cutting into fuel gas plumbing systems and the installation of gas fueled water heaters.
(E) An individual who erects, builds, or installs plumbing not already in existence may not be classified as a maintenance man or maintenance engineer. Plumbing work performed by a maintenance man or maintenance engineer is not exempt from state law and municipal rules and ordinances regarding plumbing codes, plumbing permits and plumbing inspections.
(26) Master Plumber--An individual licensed under the Plumbing License Law who is skilled in the design, planning, superintending, and the practical installation, repair, and service of plumbing, who is knowledgeable about the codes, ordinances, or rules and regulations governing those matters, who alone, or through an individual or individuals under his supervision, performs plumbing work, and who has successfully fulfilled the examinations and requirements of the Board.
(27) Medical Gas Piping Installation Endorsement--
(A) A certification entitling the holder of a Master or Journeyman Plumber License to install piping that is used solely to transport gases used for medical purposes including, but not limited to, oxygen, nitrous oxide, medical air, nitrogen, or medical vacuum.
(B) A certification entitling the holder of a Plumbing Inspector License to inspect medical gas and vacuum system installations.
(28) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement--
(A) A certification entitling the holder of a Master or Journeyman Plumber License to install a multipurpose residential fire protection sprinkler system in a one or two family dwelling.
(B) A certification entitling the holder of a Plumbing Inspector License to inspect a multipurpose residential fire protection sprinkler system.
(29) Military service member--A person who is currently serving in the armed forces of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state.
(30) Military spouse--A person who is married to a military service member who is currently on active duty.
(31) Military veteran--A person who has served in the army, navy, air force, marine corps, or coast guard of the United States, or in an auxiliary service of one of those branches of the armed forces.
(32) One-Family Dwelling--A detached structure designed for the residence of a single family that does not have the characteristics of a multiple family dwelling, and is not primarily designed for transient guests or for providing services for rehabilitative, medical, or assisted living in connection with the occupancy of the structure.
(33) Party--A person or state agency named or admitted as a party to a contested case.
(34) Paid Directly--As related to §1301.255(e) of the Plumbing License Law, "paid" and "directly" have the common meanings and "paid directly" means that compensation for plumbing inspections must be paid by the political subdivision to the individual Licensed Plumbing Inspector who performed the plumbing inspections or the plumbing inspection business which utilized the plumbing inspector to perform the inspections.
(35) Person--An individual, partnership, corporation, limited liability company, association, governmental subdivision or public or private organization of any character other than an agency.
(36) Petitioner--A person requesting the Board to adopt, amend or repeal a rule pursuant to §2001.021 of the Texas Government Code and the Board Rules.
(37) Plumbing--
(A) All piping, fixtures, appurtenances, and appliances, including disposal systems, drain or waste pipes, multipurpose residential fire protection sprinkler systems or any combination of these that: supply, distribute, circulate, recirculate, drain, or eliminate water, gas, medical gasses and vacuum, liquids, and sewage for all personal or domestic purposes in and about buildings where persons live, work, or assemble; connect the building on its outside with the source of water, gas, or other liquid supply, or combinations of these, on the premises, or the water main on public property; and carry waste water or sewage from or within a building to the sewer service lateral on public property or the disposal or septic terminal that holds private or domestic sewage.
(B) The installation, repair, service, maintenance, alteration, or renovation of all piping, fixtures, appurtenances, and appliances on premises where persons live, work, or assemble that supply gas, medical gasses and vacuum, water, liquids, or any combination of these, or dispose of waste water or sewage. Plumbing includes the treatment of rainwater to supply a plumbing fixture or appliance. The term "service" includes, but is not limited to, cleaning a drain or sewer line using a cable or pressurized fluid.
(38) Plumbing Company--A person who engages in the plumbing business.
(39) Plumbing Inspection--Any of the inspections required in the Plumbing License Law, including any check of multipurpose residential fire protection sprinkler systems, pipes, faucets, tanks, valves, water heaters, plumbing fixtures and appliances by and through which a supply of water, gas, medical gasses or vacuum, or sewage is used or carried that is performed on behalf of any political subdivision, public water supply, municipal utility district, town, city or municipality to ensure compliance with the adopted plumbing and gas codes and ordinances regulating plumbing.
(40) Plumbing Inspector--Any individual who is employed by a political subdivision or state agency, or who contracts as an independent contractor with a political subdivision or state agency, for the purpose of inspecting plumbing work and installations in connection with health and safety laws, ordinances, and plumbing and gas codes, who has no financial or advisory interests in any plumbing company, and who has successfully fulfilled the examinations and requirements of the Board.
(41) Plumbing License Law or PLL--Chapter 1301 of the Texas Occupations Code.
(42) Pocket Card--A card issued by the Board which:
(A) certifies that the holder has a Responsible Master Plumber License, Master Plumber License, Journeyman Plumber License, Tradesman Plumber-Limited License, Plumbing Inspector License, or a Plumber's Apprentice Registration; and
(B) lists any Endorsements obtained by the holder.
(43) Political Subdivision--A political subdivision of the State of Texas that includes a:
(A) city;
(B) county;
(C) school district;
(D) junior college district;
(E) municipal utility district;
(F) levee improvement district;
(G) drainage district;
(H) irrigation district;
(I) water improvement district;
(J) water control improvement district;
(K) water control preservation district;
(L) freshwater supply district;
(M) navigation district;
(N) conservation and reclamation district;
(O) soil conservation district;
(P) communication district;
(Q) public health district;
(R) river authority; and
(S) any other governmental entity that:
(i) embraces a geographical area with a defined boundary;
(ii) exists for the purpose of discharging functions of government; and
(iii) possesses authority for subordinate self-government through officers selected by it.
(44) P-Trap--A fitting connected to the sanitary drainage system for the purpose of preventing the escape of sewer gasses from the sanitary drainage system and designed to be removed to allow for cleaning of the sanitary drainage system. For the purposes of drain cleaning activities described in §1301.002(2) of the Plumbing License Law, a p-trap includes any integral trap of a water closet, bidet, or urinal.
(45) Public Water System--A system for the provision to the public of water for human consumption through pipes or other constructed conveyances. Such a system must have at least 15 service connections or serve at least 25 individuals at least 60 days out of the year. Two or more systems with each having a potential to serve less than 15 connections or less than 25 individuals, but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are 15 or greater or if the total number of individuals served by the combined systems total 25 or greater, at least 60 days out of the year. Without excluding other meanings of the terms "individual" or "served," an individual shall be deemed to be served by a water system if the individual lives in, uses as the individual's place of employment, or works in a place to which drinking water is supplied from the water system.
(46) Respondent--A person charged in a complaint filed with the Board.
(47) Responsible Master Plumber or RMP--A licensed Master Plumber who:
(A) allows the person's Master Plumber License to be used by only one plumbing company for the purpose of offering and performing plumbing work;
(B) is authorized to obtain permits for plumbing work;
(C) assumes responsibility for plumbing work performed under the person's license;
(D) has submitted a certificate of insurance as required by the Plumbing License Law and Board Rules; and
(E) When used in Board forms, applications or other communications by the Board, the abbreviation "RMP" shall mean Responsible Master Plumber.
(48) Registration--A document issued by the Board to certify that the named individual fulfilled the requirements of the PLL and Board Rules to register as a Plumber's Apprentice.
(49) Rule--An agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures.
(50) Supervision--The general oversight, direction and management of plumbing work and individuals performing plumbing work by a Responsible Master Plumber, or licensed plumber designated by the RMP.
(51) System--An interconnection between one or more public or private end users of water, gas, sewer, or disposal systems that could endanger public health if improperly installed.
(52) Tradesman Plumber-Limited Licensee--An individual who has completed at least 4,000 hours working under the direct supervision of a Journeyman or Master Plumber as a registered Plumber's Apprentice, who has passed the required examination and fulfilled the other requirements of the Board, or successfully completed a career and technology education program, who constructs, installs, changes, repairs, services, or renovates plumbing for one-family or two-family dwellings under the supervision of a Responsible Master Plumber, and who has not met or attempted to meet the qualifications for a Journeyman Plumber License.
(53) Two-Family Dwelling--A detached structure with separate means of egress designed for the residence of two families ("duplex") that does not have the characteristics of a multiple family dwelling and is not primarily designed for transient guests or for providing services for rehabilitative, medical, or assisted living in connection with the occupancy of the structure.
(54) Water Supply Protection Specialist--A Master or Journeyman Plumber who holds the Water Supply Protection Specialist Endorsement issued by the Board to engage in customer service inspections, as defined by rule of the Texas Commission on Environmental Quality, and the installation, service, and repair of plumbing associated with the treatment, use, and distribution of rainwater to supply a plumbing fixture or appliance.
(55) Water Treatment--A business conducted under contract that requires experience in the analysis of water, including the ability to determine how to treat influent and effluent water, to alter or purify water, and to add or remove a mineral, chemical, or bacterial content or substance. The term also includes the installation and service of potable water treatment equipment in public or private water systems and making connections necessary to complete installation of a water treatment system. The term does not include treatment of rainwater or the repair of systems for rainwater harvesting.
(56) Yard Water Service Piping--The building supply piping carrying potable water from the water meter or other source of water supply to the point of connection to the water distribution system at the building.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 18, 2023.
TRD-202302576
Lynn Latombe
General Counsel
Texas State Board of Plumbing Examiners
Effective date: August 7, 2023
Proposal publication date: February 24, 2023
For further information, please call: (512) 936-5216