Untitled Texas Attorney General Opinion

"August 9,

Hon. Jack Ross opinion No. v-333
Criminal District Attorney
Hidalgo County of Sen-
Edlnburg, Texas 188,
acts or tne jOth Leg.
islature, as to those
persons firms or
,corpora 4 ions engaged
In the buslnsss of
contracting to do
plumb- and pluplbing
work when the actual
work is done under
the supervision and
control of a plumber
licensed under t@e
' Dear Sir: provisions thereqf.
your request for an opfnion upon the.above
titled subject matter is as follows;
11, should like to secure from you
an opinion as to whether or not Section
10 of Senate Bill 188 as passed by the
Fiftieth Legislature would extend and
apply to 1an employing plumber ( , who has
a license under the city ordinances of
the City of McAllen cd several other
towns in Hidalgo County, Texas.
"By the ordinances of the City of
McAXLenand several other towns In this
county a person Is permitted to secure
an empi eying plumber’s license and carry
on a plumb&rigbusiness by contracting
to do plumbing and hiring journeyman
plumbers to do the actual work. There
are a number of businesses of this type
operating at present under a license
from the City of @Allen and other
cities in Hidalgo County and they have
considerable sums of nioney Invested in
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HOA. Jack ROSS- Page .+ (F-333)

their businesses and have been carzy-
ing on under the license aa ordinances
of the various cities for a number of
years. 4 . .”
The present statutes regulating the busl-
nEI3s of plumbing and the issuance of licenses to master,
emi’Aoylng, and. journeyman lumbers, and $nspections”of
plumbing, are Articles ,107z 1077 1078,1079,1080 and
1081 RevisedClvll Statute:. Ar&les 1078,1079,1080
and i 081 were repealed by this Act, and will become in-
effective September 5, 1947, the effective date of Sen-
ate’Bll1 No. 188.
‘Article 1078 directs all cities to which
the above mentioned statutes are applicable, to create
a Board. for the Examlnatlon of Plumbers. Article 1079
authorizes such Boards to issue licenses In their re-
spective cities to master plumbers, employing, and jour-
neyman plumbers4 and Inspectors of plumbing. The terms
“master plumber “employing plumber” and *ljourneyman
plumber” are not’definea by the above mentioned statutes.
Our investigation of some city ordinances
reveals that they are not uniformIn theirdeflnltlon of
theses terms, especially the term “employing plumber.”
We Infer fromyourletterthatthe City of
McAllen, a oity of more than 5,000inhabitants, and oth-
.er cities referred to by you and to whioh the present
statutes are applicable, have enacted ordinances in
which they have defined the term “employing plumber” to
includepersons firms aa corporations engaged in “and
carrying on a p&mbing business by contracting to do
plumbing and hiring licensed journeyman plumbers to do
,’ the actual work.”
Senate Bill No. 188 is a comprehensive Act.
In Its provisions must be foundithe answer to your ques-
tion for, after Its effective date, no city to which it
applies will have authority to Issue plumbers’ licenses
or plumbing lnspectorsl licenses. Such may be issued
only by the Texas State Board of Plumbing Examiners. ,Li-
ccnses issued by that’ Board will be valid In all cities
of Texas in which such licenses are required by this Act.
Sections 2 ana 3 thereof, respectively, read:
Iion. Jack Ross - Page 3 (V-333) .:! ~. i: ..:I : ‘.

"Sec. 2. (a) The Word or term :"'
'plumbing~ as used in this Act means ; ':',x.':
and shall include:. (1) fall piping, '.
fixtures; appurtenances and appliances
Por a supply of water or gas, or both,'-;,'.
for all personal or domestic purposes
in and about buildings where a person
or persons live, work or assemble; all'
piping, fixtures appurtenances ana "
appliances outsi8.e a building connect- :, ,
ing the building with the source of
water or gas supply, or both, on the' “
premises, or the main In the street ..',,.
alley, or at the curb; all piping, hix-
tures, appurtenancesLappllances drain, 1
or waste pipes carry g waste waCer or
sewage from or within a building to the
sewer service lateral .at the curb.or.: . :'
in the street or alley or other djs- ::'
posal terminal holding private or do- ,.
mestic sewage; (2) the installation, >
repair and maintenance of all piping, ':.,
fixtures, appurtenances and appliances ~'
in and about buildings where a pbrs~~
or persons live, work or assemble, for, ~,
a supply of gas water,,;or both, or:
disposal of was<%water or sewage. y '.,' ':.'
l'(b) A 'Master Plumber' within '
the meaning of this Act is a plumber '.
having a regular place of business,
who, by himself, or through a person
or persons Inhis employ,'performs ',
plumbing work, and who has successfully ',
fulfilled the examinations and require- :
ments of the Board. ..
l'(c) A 'Journeyman Plumber' wlth-
in the’meanlng of this Act is any person
other than's master plumber who engages
in or works at the actual lnstallatlon,~ ':.
alteration, repair and renovating of
plumbing and who'has successfuLly ful- .'
fillea.the 'examinations and requlremehts~
of the Board. ~.I:
l'(d) ~A“~Plumber~s Apprentice! " I
within the meaning of this Act is any ;
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HO& Jack 80% - Page 4 (V-333)

person other than a master plumber or
journeyman plumber who, as his prin-
cipal occupation, is engaged in learn-
ing and assisting in the installation
of plumbing.
"CC') A 'Plumbing Inspector'
within the meaning of this Act Is any
person employed by a city, town or vll-
lage for the purpose of Inspecting
plumbing work and lnstallatlons in con-
nection with health and safety laws and
ordinances, and who has successfully
fulfilled the examinations and require-.
ments of the Board.
l'(f) The word or term *Board' as
used In this Act means the Texas State
Board o? Plumbing Examiners."
"sec. 3. The following acts, work
and conduct shall be expressly permitted
without license:
"(a) Plumbing work done by a prop
erty owner in a building owned or occu- ;
pied. by him as his home;
't(b) Plumbing work done outside
the municipal limits of any organized
'city, town or village in this state, or
within any such city, town or village of
less than five thousand (5,000) inhabi-.
tants, unless required by ordinance in
such city, town or village of less than
five thousand (5,000) Inhabitants;
t1(c> Plumbing work done by anyone
who is regularly employed as or acting
as a maintenance man or maintenance engl-
neer, incidental ,to aa In connection
with the business In which he is employed
or engaged and who does not engage In
the occupa$ion of a plumber for the gen-
eral public; construction, lnstallatlon
and maintenance work done upon the prem-
ises or equipment of a railroad by an em-
ployee thereof who does not engage in the
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Zion. Jack Fioss - Page 5 (V-333)

occupation of a plumber for the gen-
eral. public; and plumbing work done
by persons engaged by any public ser-
vice company in the laying, mainten-
ante and operation of Its service
mains or lines and the Installation,
;;;E;atipGe;ig,s;;gn;j ;-y;;-,-, ,‘~
appurtenances, equipment ana appll-
antes; appliance Installation ana
service work done by anyone who Is II
an appliance dealer or Is employed
by an appliance dealer, and acting
as an appliance installation man or
appliance service man in connecting
appliances to existing piping lnstal-
lations. Provided, however, that all
work and service herein named or re-
ferred to shall be subject to lnspec- ~
tlon and approval ,ln accordance with
the terms. of all local valid city or
municipal ordinances.”
Nelther Section 2 nor any other section of
the Act defines the terms “employing plumber” or “employ-
ing plumber’s license.”
Section 10, to which you refer, provides that
all journeyman plumbers and master plumbers holding a ll-
tense as such from any city examining and supervising
board of plumbers In this State and all presently acting
plumbing ins ectors at the time this Act takes effect
(Sept. 5, 19t:7) may, within 120 days from that date, pro-
cure a license as a journeyman plumber or master plumber
or plumbing inspector, as the case may be, without exam-
ination, upon payment to the Board of the prescribed ll-
tense fee. This section makes no mention of an employing
I’

plumbers s license.
Section 13 prescribes a schedule of fees to
be collected by the Board from applicants for ~examlnatlon,
Issuance, renewal and revival of licenses to master and
journeyman plumbers, and plumbing Inspectors, but does
not mention ,an employing plumber 1s license.
Section 14 provides:
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Hon. Jack koss - Page 6 (V-333)

“(a> After the expiration of one ..
hundred twenty days from the effective
date of this Act, no person, whether as
a master plumber; gpll?Jovlne:.ulumber,
journeyman plumber, or otherwise, shall
engage in, work at, or conduct the busl-
ness of plumbing In this state or serve
as a plumbing Inspector, as herein de-
fined except as herein spsclflcally ex-,
empted from the provisions of this Act, .,,
unless such person is the holder ,of a
valid license as provided for by this
Act.
l’(b) After the expiration of one
hundred twenty days from the effective
date of this Act, It shall be unlawful
for any person to engage in, work at or
conduct the business of plumbing $n {his
state or serve as a plumbing Inspector
as herein defined except as herein specl-
flcally exempted &rom the provisions of
this Act unless such person Is the holder
of a valjd’license issued under the pro-
visions of,. this Act and provided for here?
by.
‘1(c) It shall be unlawful for any 1
person, firm, or corporation to engage ti : :
or work at the business of installing
plumbing. and doing plumbing work except : .’
as specificallty herein prrided unless_
such lnstalla ion or pl.um 1~ or ulutnblng
work be under the suuervl,g&n and contrp;l
of a ulqg&r licensed under this Act .
.‘!(a) It IS expressly rovidod that
the provisions of Article I ii2 of. the Penal
Code of Texas shall apply to violations of
this Act, and said Article 122 of the Penal
Code and the penalties therein provided are
hereby expressly referred to.’
Article 122, Penal code; as’amended ln 1941,
reads 8
‘IAny person,‘whether as a master
plumber, m or journeyman plumber
Hon. Jack Ross - Page 7 (v-333

engaged in, working at, or conducting <’
the business of plumbing without ‘15 ‘.
tense as arovj&ed by Jut: shall be
deemed guilty of ‘a misdemeanor and’up-‘,~
on conviction thereof shall be fined
in any SM not to exceed One riundrea.’
Dollars ($100) .#I (Emphasis added) .
The term “smploying~ plumber” is mentioned
in paragraph ,(a) of Sec. 14, but not elsewhere In the
Act. . 3
After ‘a carkfk ex&lnatlon ofi Senate Bill
No. 188, we have concl’uded that It does not Provide for
the issuance of %u employing plumbergs license.l~ Only
a natural person may be issued any lioeti,se .authorlsed
by It. Of course a license cannot ..be issued to either
a firm or coqpora,4 Ion as hwQ.
,. ..
It
is our opinion that a person, who Is not
a licensed plumber, and ,,a firm, the members of which are
not ..licensed plumbe,rs,,..may engage,..Zn ‘the business of con-
tract’lng -to, do ,‘~plumb’¶,ngll
,ss ‘thatterm Is used In this
Act, including installstion Of plumbing and plumbing work,
but onlyywhen the actual work is done under the supervi-
sion and control oft a lumber licensed uuder the Act, as
provided by paragraph Bc) of Section 14, and that such
persons and the members of such firms so engaged are wlth-
out the penal provisions of Article 122.
we are of the further opinion that a corpora-
tion, when authorized by its charter, may also legslly
engage In the same buslnegs and under the same restrlc-
tion as imposed upon persons land firms so engaged.

Senate Bill No, 188 50th Legislature
d¬ rovide for the’tssuance of an em:
ploying pEumbqr’6 l$cense .
A person,..who Wnot a licensed plumber
and a firm,. the members of which are not ll-
censed plumbers may engage in the business
o$ conlxaotlng 40 do *plumbiug’~ aa that term
. .

is used in this Act, lnoludlng~installa-
tlon of plumbing and plumbing work, but,
only when the ac t ual work is done under
the supervision and ’control’ of : a’ umber .‘I
licensed under Senate Bill No. 1.8 $1, as
provided by,paragraph (c) oi Section 14
thereof. ‘.
Very trulyyours,
BTTORNEPGENERAL
‘OFTEXAS

. Bruae W. ‘B&ant
,BWBrbttwb
,.,“’
,!’ : Assistant ,- :
,a : ,.I

‘APPROVED:
- /?