Texas Attorney General Opinion: V-549 Page: 2 of 4
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on, Comnnally McKay - Page 2 - V-549
control, or must such work be done by such
person personally? Also, does buildingr
owned or occupied by him as his home' pro-
hibit plumbing work on a building under
construction to be occupied by such person
as his home?"
The Plumbing License Law of 1947, Acts 1947, Ch,115,
p. 192, makes no mention as to whether a property owne could
use employees or assistants to do plumbing work ox his ewn
home. It will be necessary to read the whole Act and answer
the question in the light of the legislative intent Asa S.
Agar, te. v. Texas Underwriters, et al, 129 S. W, 2)2F374
iaiv. App,, err, ret)
The intent of the Legislature was to regulate plumb-
ing as a trade or business. There are no words in the Act
indicating that the Leegisature intended to regulate the do-
ing of a plumbing act, Prior to the passage of the Act now
in question, the Legslature in Articles 1978, 1079, 1080,
and 1081, V C. So, had authorized the cities of Texas to
regulate the plumbing trade or business. Article 1978 au-
thorized a City Board of Plumbing Examinersj Article 1079
ren abed the plumbers by examination and license; Article
1080 outlined the method of issuing licenses and Article
1081 stated that a license would not issue until the appli-
cant had appeared before the city board and successfully
passed the examination. These statutes, all of which were
repealed by the Act of 1947, were powers granted to the
cities to regulate the business of plumbing by examnation
and license. By the repeal of the eumezrated statutes and
the passage of the Act, the Legislature intended to revoke
the power of regulation given to the cities and to place
this regulation of the plumbing business under a State
Board of Plumbing ExaminesJer ee Sec, 5 of the Act,
In Article 1076, V..C. S, the Legislature authori-
zed the passage of ordinances regulating the variousacts of
plumbing, This statute was not repealed by the Act OeT9 47,
and cities are passing ordinances for the regulation of the
various acts of plumbing. The Act of 1947 takes notice'that
cities will continue to exercise this power ever plabing,
not as to the plumbing trade, but as to the doing of plumb-
ing acts, See See. 15 of the Acts It was the intent of the
Legislature by the Act to leave cities with the power# to regu-
late the acts of plumbing, and to take away the cities' power
to regulate the plumbing occupation, and to place that power
in the State Board of Plumbing Examiners.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-549, text, April 23, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265368/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.