87R7358 JCG-D     By: Nichols, Buckingham S.B. No. 871       A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the Texas State Board   of Plumbing Examiners; requiring an occupational license;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1301.002, Occupations Code, is amended   by amending Subdivisions (2), (3), (4), (6), (9), and (10) and   adding Subdivision (7-a) to read as follows:                (2)  "Drain cleaning" [cleaner"] means [a person who]:                      (A)  installing [has completed at least 4,000   hours working under the supervision of a responsible master plumber   as a drain cleaner-restricted registrant;                      [(B)  has fulfilled the requirements of and is   registered with the board; and                      [(C)  installs] cleanouts and removing [removes]   and resetting [resets] p-traps to eliminate obstructions in   building drains and sewers under the supervision of a [responsible]   master plumber; or                      (B)  clearing[.                [(3)  "Drain cleaner-restricted registrant" means a   person who:                      [(A)  has worked as a plumber's apprentice under   the supervision of a responsible master plumber;                      [(B)  has fulfilled the requirements of and is   registered with the board; and                      [(C)  clears] obstructions in sewer and drain   lines through any code-approved existing opening under the   supervision of a [responsible] master plumber.                (4)  "Journeyman plumber" means a person licensed under   this chapter who:                      (A)  has met the qualifications for registration   as a plumber's apprentice or for licensing as a tradesman   plumber-limited license holder;                      (B)  has completed at least 8,000 hours working   under the supervision of a [responsible] master plumber;                      (C)  installs, changes, repairs, services, or   renovates plumbing or supervises any of those activities under the   supervision of a [responsible] master plumber;                      (D)  has passed the required examination; and                      (E)  has fulfilled the other requirements of the   board.                (6)  "Plumber's apprentice" means a person other than a   master plumber, journeyman plumber, or tradesman plumber-limited   license holder who:                      (A)  [,] as the person's principal occupation,   learns about and assists in the installation of plumbing, including   drain cleaning and residential utilities installation;                      (B)  has fulfilled the requirements of and is   registered by the board;[,] and                      (C)  works under the supervision of a   [responsible] master plumber [and the direct supervision of a   licensed plumber].                (7-a)  "Plumbing contractor" means a person licensed as   a plumbing contractor under this chapter who:                      (A)  is a master plumber, or employs a master   plumber, for the purpose of offering and performing plumbing work   that will be performed or supervised by the master plumber;                      (B)  is authorized to obtain permits for plumbing   work;                      (C)  assumes responsibility for plumbing work   performed for compensation paid to the person; and                      (D)  has submitted a certificate of insurance as   required by Section 1301.3576.                (9)  "Residential utilities installation"   ["Residential utilities installer"] means constructing and   installing [a person who:                      [(A)  has completed at least 2,000 hours working   under the supervision of a master plumber as a plumber's   apprentice;                      [(B)  has fulfilled the requirements of and is   registered with the board; and                      [(C)  constructs and installs] yard water service   piping for one-family or two-family dwellings and building sewers   under the supervision of a [responsible] master plumber.                (10)  "Tradesman plumber-limited license holder" means   a person who:                      (A)  has completed at least 4,000 hours working   under the direct supervision of a journeyman or master plumber as a   plumber's apprentice;                      (B)  has passed the required examination;                      (C) constructs and installs plumbing for   one-family or two-family dwellings under the supervision of a   [responsible] master plumber; and                      (D)  has fulfilled the other requirements of the   board.          SECTION 2.  Section 1301.003, Occupations Code, is amended   to read as follows:          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, 2027 [2019].          SECTION 3.  Section 1301.151(a), Occupations Code, is   amended to read as follows:          (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 is [has been] a plumbing contractor   [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)  one member who is a licensed plumber; and                (8)  one member [two members] who represents   [represent] the public.          SECTION 4.  The heading to Section 1301.152, Occupations   Code, is amended to read as follows:          Sec. 1301.152.  ELIGIBILITY OF PUBLIC MEMBER [MEMBERS].          SECTION 5.  The heading to Section 1301.202, Occupations   Code, is amended to read as follows:          Sec. 1301.202.  CERTAIN PLUMBING EXAMINERS [EXAMINER].          SECTION 6.  Section 1301.202(a), Occupations Code, is   amended to read as follows:          (a)  If an examination required for the issuance of a   license, endorsement, or certificate of registration under this   chapter contains a practical component, the [The] board shall   employ or contract with one or more plumbing examiners to   administer that portion of the examination. [A plumbing examiner   serves at the will of the board.] A plumbing examiner must:                (1)  hold a license as a plumber issued under this   chapter; and                (2)  be knowledgeable of this chapter and municipal   ordinances relating to plumbing[; and                [(3)  be qualified by experience and training in   plumbing practice].          SECTION 7.  Section 1301.203, Occupations Code, is amended   to read as follows:          Sec. 1301.203.  FIELD REPRESENTATIVE; INSPECTIONS.   (a)  The board shall [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)  [issue citations as provided by Section 1301.502;   and                [(5)]  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)  For an inspection or investigation that involves the   quality of plumbing work, including whether the plumbing work   complies with any applicable plumbing code requirements, the board   shall employ or contract with a person who holds a license as a   plumber under this chapter to conduct or assist in the inspection or   investigation.          SECTION 8.  Section 1301.262, Occupations Code, is amended   to read as follows:          Sec. 1301.262.  CODES [PLUMBING INSPECTOR CODE] OF CONDUCT.   (a)  The board by rule shall establish a code of conduct for   licensed plumbing inspectors. The code of conduct shall require a   plumbing inspector to enforce this chapter and board rules in a   consistent manner across job sites.          (b)  The board by rule may establish standards of conduct for   a holder of a license, endorsement, or certificate of registration   issued under this chapter.          SECTION 9.  Subchapter E, Chapter 1301, Occupations Code, is   amended by adding Sections 1301.263 and 1301.264 to read as   follows:          Sec. 1301.263.  EXAMINATION ADMINISTRATION AND CONTENT. (a)   The board shall recognize, prepare, administer, or arrange for the   administration of an examination required by this chapter.          (b)  The board shall determine the minimum requirements and   passing score for an examination required by this chapter.          (c)  If an examination required by this chapter contains a   practical component, the practical component must be administered   by a plumbing examiner as provided by Section 1301.202.          Sec. 1301.264.  SUPERVISION RULES; RESPONSIBILITY FOR   PLUMBING WORK. (a) The board by rule shall:                (1)  require that, for each task involved in plumbing,   a master plumber:                      (A)  perform the task; or                      (B)  provide general or direct supervision of a   less experienced plumber who performs the task;                (2)  require that each plumber's apprentice and   tradesman plumber-limited license holder perform plumbing under   the direct or general supervision of a more experienced plumber;                (3)  specify the plumbing tasks that a plumber's   apprentice or tradesman plumber-limited license holder must   perform under direct supervision and the plumbing tasks a plumber's   apprentice or tradesman plumber-limited license holder must   perform under general supervision;                (4)  specify the amount of classroom training meeting   the requirements of Subsection (b), practical plumbing experience,   or a combination of that training and experience necessary to:                      (A)  exempt a plumber from the direct supervision   requirements under this section; and                      (B)  permit the plumber to perform the plumbing   under general supervision;                (5)  require a plumber, other than a master plumber, to   document the plumber's:                      (A)  classroom training that meets the   requirements of Subsection (b); and                      (B)  practical plumbing experience; and                (6)  require the plumbing contractor, and supervising   plumber, if any, to assume responsibility for plumbing performed,   including the quality of the plumbing and the supervision of less   experienced plumbers.          (b)  Notwithstanding the minimum requirements for a   continuing education program or instructor established under this   chapter, the board by rule shall establish minimum requirements for   classroom training, other than a continuing education program under   this chapter, that, if successfully completed and documented by a   plumber, the board shall credit toward:                (1)  the necessary classroom training required to:                      (A)  exempt the plumber from the direct   supervision requirements under this section; and                      (B)  permit the plumber to perform specified   plumbing tasks under general supervision;                (2)  the continuing education required under this   chapter to renew a license, endorsement, or certificate of   registration, as applicable to the plumber; and                (3)  the eligibility requirements for a license under   this chapter, as applicable to the plumber.          SECTION 10.  Section 1301.302, Occupations Code, is amended   to read as follows:          Sec. 1301.302.  CONTRACT INFORMATION; REQUIRED DOCUMENTS. A   written proposal, invoice, or contract relating to plumbing   services performed by or under the direction of a plumber licensed   under this chapter must contain the name and license number of the   plumbing contractor [responsible master plumber] and the name,   mailing address, and telephone number of the board. The person who   performed the services shall give the customer an invoice or   completed contract document on completion of the job, regardless of   whether the person charged a fee for performing the services.          SECTION 11.  Sections 1301.351(a), (a-1), and (c),   Occupations Code, are amended to read as follows:          (a)  A person[, other than a responsible master plumber,] may   not perform or offer to perform [engage in] plumbing for   compensation unless:                (1)  the person holds:                      (A)  a plumbing contractor license; and                      (B)  the proper license, endorsement, or   certificate of registration[, or endorsement] required by this   chapter to perform or supervise the performance of plumbing; [and]                (2)  the person:                      (A)  is employed by a plumbing contractor;                      (B)  performs or supervises the plumbing in the   scope of that employment; and                      (C)  holds the proper license, endorsement, or   certificate of registration required by this chapter; or                (3)  the person offers to perform plumbing and   contracts with a plumbing contractor for the performance of the   plumbing [the person's work is supervised and controlled by a   person licensed under this chapter].          (a-1)  A person may not act as a plumbing contractor   [responsible master plumber] unless the person holds the   appropriate license and meets the applicable requirements [for a   responsible master plumber] under this chapter.          (c)  A plumbing contractor [license holder] who is   supervising and controlling [under Subsection (a)(2)] the work of a   person engaged in the business of plumbing in the construction of a   new one-family or two-family dwelling in an unincorporated area of   the state must have training and management responsibility for, and   shall review and inspect, the person's work. The plumbing   contractor [license holder] is not required to provide continuous   or uninterrupted on-the-job oversight of the person's work.          SECTION 12.  Subchapter G, Chapter 1301, Occupations Code,   is amended by adding Section 1301.3515 to read as follows:          Sec. 1301.3515.  CRIMINAL HISTORY RECORD INFORMATION FOR   LICENSE ISSUANCE. (a) The board shall require that an applicant   for a license submit a complete and legible set of fingerprints, on   a form prescribed by the board, to the board or to the Department of   Public Safety for the purpose of obtaining criminal history record   information from the Department of Public Safety and the Federal   Bureau of Investigation.          (b)  The board may not issue a license to a person who does   not comply with the requirement of Subsection (a).          (c)  The board shall conduct a criminal history record   information check of each applicant for a license using   information:                (1)  provided by the individual under this section; and                (2)  made available to the board by the Department of   Public Safety, the Federal Bureau of Investigation, and any other   criminal justice agency under Chapter 411, Government Code.          (d)  The board may:                (1)  enter into an agreement with the Department of   Public Safety to administer a criminal history record information   check required under this section; and                (2)  authorize the Department of Public Safety to   collect from each applicant the costs incurred by the Department of   Public Safety in conducting the criminal history record information   check.          SECTION 13.  Subchapter G, Chapter 1301, Occupations Code,   is amended by adding Section 1301.3542 to read as follows:          Sec. 1301.3542.  CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR   TRADESMAN PLUMBER-LIMITED LICENSE; INSTRUCTORS. (a) The board may   credit an applicant who submits an application under Section   1301.354(b) with a number of hours determined by board rule against   the number of hours of work experience required to take an   examination under that section, if the applicant successfully   completes a coherent sequence of courses in the plumbing trade that   are offered through a career and technology education program in   accordance with Subchapter F, Chapter 29, Education Code.          (b)  A student of any age enrolled in a high school is   eligible to take the sequence of courses described by Subsection   (a) without registering as a plumber's apprentice or paying any   registration fee.  A person who is no longer enrolled in a high   school shall comply with the requirements of this chapter related   to the person's eligibility to apply for and take an examination for   a license issued under this chapter, including any registration or   fee requirements.          (c)  The board shall develop the courses described by   Subsection (a). The courses must be approved by the State Board of   Education.          (d)  The courses must include an appropriate number of hours   of classroom instruction and a practical component. The board may   credit on-the-job training toward meeting the requirements under   the practical component.          (e)  A person may not provide instruction in a career and   technology education program described by this section unless the   person is licensed under this chapter as a master plumber,   journeyman plumber, or plumbing inspector.          (f)  A person described by Subsection (e) may provide the   instruction in a full-time or part-time capacity as an employee,   contractor, or volunteer of a high school.          (g)  The board may adopt rules necessary to implement this   section, including procedures to verify a student's successful   completion of the sequence of courses described by Subsection (a).          SECTION 14.  Section 1301.3575, Occupations Code, is amended   to read as follows:          Sec. 1301.3575.  REGISTRATION OF PLUMBER'S APPRENTICES   [CERTAIN PERSONS]. The board shall register a person who complies   with this chapter as a [drain cleaner, drain cleaner-restricted   registrant, residential utilities installer, or] plumber's   apprentice.          SECTION 15.  Section 1301.3576, Occupations Code, is amended   to read as follows:          Sec. 1301.3576.  CERTIFICATE OF INSURANCE [AND TRAINING] FOR   PLUMBING CONTRACTOR [RESPONSIBLE MASTER PLUMBER].  Before a   plumbing contractor offers or performs plumbing [master plumber   works as a responsible master plumber], the plumbing contractor   [master plumber] must[:                [(1)]  provide the board with a certificate of   insurance that meets the requirements of Section 1301.552[; and                [(2)  present evidence satisfactory to the board of   successful completion of a training program approved or   administered by the board regarding the laws and rules applicable   to the operation of a plumbing business in this state].          SECTION 16.  Subchapter G, Chapter 1301, Occupations Code,   is amended by adding Sections 1301.3581 and 1301.360 to read as   follows:          Sec. 1301.3581.  RECIPROCITY. (a) The board may issue a   license, endorsement, or certificate of registration under this   chapter for an applicant who holds a similar license, endorsement,   or certificate issued by another jurisdiction.          (b)  An applicant under this section must:                (1)  apply in the same manner and form as any other   applicant under this chapter; and                (2)  provide the board with documents and other   evidence that substantiate the applicant's qualifications.          (c)  An applicant for a license, endorsement, or certificate   of registration issued under this section may not be required to   undergo an examination to obtain the license, endorsement, or   certificate if the applicant has held an equivalent license,   endorsement, or certificate in another jurisdiction for at least   two years.  The board may determine whether a license, endorsement,   or certificate issued by another jurisdiction is equivalent to a   license, endorsement, or certificate issued under this chapter.          Sec. 1301.360.  TEMPORARY LICENSE. (a) The board by rule   may provide for the issuance of a temporary license, endorsement,   or certificate of registration to an applicant who:                (1)  submits an application on a form prescribed by the   board;                (2)  meets preliminary qualifications established by   board rule; and                (3)  pays any required fees.          (b)  A temporary license holder is subject to this chapter   and rules adopted under this chapter.          SECTION 17.  Section 1301.401, Occupations Code, is amended   to read as follows:          Sec. 1301.401.  [ANNUAL] RENEWAL REQUIRED. (a)  A license   or certificate of registration under this chapter is valid for one   or two years as determined by board rule [year]. On payment of the   required fee, a license may be renewed [annually].          (b)  The board by rule shall establish the requirements for   renewing a license, endorsement, or certificate of registration   under this chapter and may adopt a system under which licenses,   endorsements, and certificates of registration [registrations]   expire on various dates during the year.          (c)  An endorsement issued under Section 1301.356,   1301.3565, or 1301.357 expires on the date the master plumber or   journeyman plumber license of the endorsement holder expires.  Any   continuing education requirement established by rule and   applicable to an endorsement issued under this chapter must be   completed before the endorsement holder may renew the endorsement.          SECTION 18.  Sections 1301.404(a), (c), and (d), Occupations   Code, are amended to read as follows:          (a)  The board by rule shall establish:                (1)  minimum curriculum standards for [recognize,   approve, and administer] continuing education programs and courses    for persons who hold a license [licenses] or endorsement issued   [endorsements] under this chapter; and                (2)  minimum qualifications for an instructor of the   continuing education programs and courses described by Subdivision   (1).          (c)  The board shall approve:                (1)  a program or course that meets the minimum   curriculum standards established by the board under Subsection (a);   and                (2)  an instructor who meets the minimum qualifications   established by the board under Subsection (a) [by rule shall adopt   the criteria for the continuing professional education].          (d)  A person may receive credit for participating in a   continuing professional education program or course only if the   program or course is approved by the [provided:                [(1)  by an individual, business, or association   approved by the board; and                [(2)  according to criteria adopted by the] board.          SECTION 19.  Section 1301.405, Occupations Code, is amended   to read as follows:          Sec. 1301.405.  [MANDATORY] TRAINING FOR PLUMBER'S   APPRENTICE [DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT,   AND RESIDENTIAL UTILITIES INSTALLER]. The board by rule may   establish continuing education requirements for persons [(a)  To   renew the certificate of registration, a person] who hold [holds] a   certificate of registration under this chapter as a plumber's   apprentice [drain cleaner, drain cleaner-restricted registrant, or   residential utilities installer must annually complete at least six   hours of approved training that includes training in health and   safety requirements, board-approved plumbing codes, and water   conservation].          [(b)  A person may receive credit for participating in a   training program only if the program is provided:                [(1)  by a person approved by the board; and                [(2)  according to criteria adopted by the board.          [(c)  The board by rule may exempt certain persons from the   requirements of this section if the board determines that the   exemption is in the public interest.]          SECTION 20.  The heading to Subchapter I, Chapter 1301,   Occupations Code, is amended to read as follows:   SUBCHAPTER I.  DISCIPLINARY ACTION [PROCEDURES]          SECTION 21.  Section 1301.452, Occupations Code, is amended   to read as follows:          Sec. 1301.452.  GROUNDS FOR DISCIPLINARY ACTION. [(a)] A   person is subject to disciplinary action under Section 1301.451 if   the person violates this chapter, an order issued by the board, or a   board rule. A violation of this chapter includes:                (1)  attempting to obtain or obtaining a license,   endorsement, or registration through [error or] fraud;                (2)  wilfully, negligently, or arbitrarily violating a   municipal rule or ordinance that regulates sanitation, drainage, or   plumbing;                (3)  making a misrepresentation of services provided or   to be provided;                (4)  making a false promise with the intent to induce a   person to contract for a service; [or]                (5)  employing a person who does not hold a license or   endorsement or who is not registered to engage in an activity for   which a license, endorsement, or certificate of registration is   required under this chapter;                (6)  performing plumbing without holding the proper   license, endorsement, or certificate of registration required by   this chapter;                (7)  offering to perform or performing plumbing for   compensation without:                      (A)  holding a plumbing contractor license;                      (B)  being employed by a plumbing contractor and   acting in the scope of that employment; or                      (C)  contracting with a plumbing contractor to   perform the offered plumbing;                (8)  performing plumbing in violation of a plumbing   code adopted under Section 1301.255; or                (9)  failing to supervise plumbing as required by this   chapter or board rule.          [(b)  Retesting procedures may be used to determine whether   grounds exist for suspension or revocation of a license,   endorsement, or registration due to incompetence or a wilful   violation by a person licensed under this chapter.]          SECTION 22.  Section 1301.502(a), Occupations Code, is   amended to read as follows:          (a)  A [field representative,] water district plumbing   inspector[,] or, within the jurisdiction of the municipality,   municipal plumbing inspector may issue a citation to a person who   engages in conduct described by Section 1301.508.          SECTION 23.  Section 1301.551(g), Occupations Code, is   amended to read as follows:          (g)  A [responsible master plumber,] plumbing contractor[,]   or other person who is required to obtain a permit under this   section is not required to pay a plumbing registration fee or   administrative fee in a municipality or any other political   subdivision.          SECTION 24.  Section 1301.552, Occupations Code, is amended   to read as follows:          Sec. 1301.552.  CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT   IN POLITICAL SUBDIVISION. A political subdivision that requires a   plumbing contractor [responsible master plumber] or an agent of a   plumbing contractor [responsible master plumber] to obtain a permit   before performing plumbing in the political subdivision shall   verify through the board's Internet website, or by contacting the   board by telephone, that the plumbing contractor [responsible   master plumber] has on file with the board a certificate of   insurance.  The certificate of insurance must:                (1)  be written by an insurer authorized to engage in   the business of insurance in this state or an eligible surplus lines   insurer under Chapter 981[, as defined by Section 981.002],   Insurance Code;                (2)  provide for commercial general liability   insurance for the plumbing contractor [responsible master plumber]   for a claim for property damage or bodily injury, regardless of   whether the claim arises from negligence or on a contract; and                (3)  provide coverage of not less than $300,000 for all   claims arising in a one-year period.          SECTION 25.  Section 372.0035(h), Health and Safety Code, is   amended to read as follows:          (h)  Within [A field representative of the Texas State Board   of Plumbing Examiners or, within] the jurisdiction of a   municipality, a municipal plumbing inspector may issue a citation   to a person who violates this section.          SECTION 26.  The following provisions of the Occupations   Code are repealed:                (1)  Section 1301.002(9-a);                (2)  Section 1301.351(a-2);                (3)  Section 1301.356(c);                (4)  Section 1301.3565(c);                (5)  Section 1301.357(c);                (6)  Section 1301.358; and                (7)  Section 1301.502(b).          SECTION 27.  Notwithstanding any other provision of this   Act:                (1)  the authorization of a person holding a   designation on the effective date of this Act to act as a   responsible master plumber continues in effect until September 1,   2022;                (2)  a person is not required to hold a plumbing   contractor license to perform or offer to perform plumbing for   compensation until September 1, 2022; and                (3)  a person holding a designation to act as a   responsible master plumber on the effective date of this Act may   apply at no cost to the person for a plumbing contractor license   until September 1, 2022, and after September 1, 2022, if the person   applies for a plumbing contractor license, the person shall pay any   fee required by law for the plumbing contractor license.          SECTION 28.  The changes in law made by this Act to the   qualifications of the members of the Texas State Board of Plumbing   Examiners do not affect the entitlement of a member serving on the   board immediately before the effective date of this Act to continue   to serve for the remainder of the member's term.  As the terms of   board members expire, the governor shall appoint or reappoint a   member who has the qualifications required for a member under   Section 1301.151, Occupations Code, as amended by this Act.          SECTION 29.  (a)  Not later than:                (1)  September 1, 2023, the Texas State Board of   Plumbing Examiners shall obtain criminal history record   information using a person's name, date of birth, and other   alphanumeric identifiers on each person who:                      (A)  on the effective date of this Act holds a   license issued under Chapter 1301, Occupations Code; and                      (B)  did not undergo a criminal history record   information check based on the person's name or fingerprints on   submission of the person's initial license application; and                (2)  September 1, 2025, the Texas State Board of   Plumbing Examiners shall obtain criminal history record   information using a person's fingerprints on each person who:                      (A)  on the effective date of this Act holds a   license issued under Chapter 1301, Occupations Code; and                      (B)  did not undergo a criminal history record   information check based on the person's fingerprints on submission   of the person's initial license application.          (b)  The Texas State Board of Plumbing Examiners may suspend   the license of a person who holds a license under Chapter 1301,   Occupations Code, who does not comply with a request by the board to   provide information or fingerprints, in a form and manner   prescribed by the board, that would enable the board to obtain   criminal history record information as required by this section.          SECTION 30.  Notwithstanding Section 1301.003, Occupations   Code, it is the intent of the legislature in enacting this Act to   amend Chapter 1301, Occupations Code, as that chapter was continued   in existence by Executive Order No. GA-06.          SECTION 31.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2021.