Texas Health and Safety Code 372.0035 – Lead in Plumbing Fixtures, Pipe, and Pipe Fitting
Current as of: 2024 | Check for updates
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(a) A person may not sell or offer for sale a plumbing fixture, pipe, or pipe fitting that contains more than eight percent lead for installing or repairing:
(1) a public drinking water system; or
(2) plumbing that provides water for human consumption and is connected to a public drinking water system.
(b) A person may not sell or offer for sale solder or flux that contains more than two-tenths percent lead for installing or repairing:
(1) a public drinking water system; or
(2) plumbing that provides water for human consumption and is connected to a public drinking water system.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Health and Safety Code 372.0035
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) For purposes of this section, a person engaged in the business of installing or repairing plumbing is considered to have sold or offered for sale a plumbing fixture, pipe, pipe fitting, solder, or flux if the person uses or offers to use the fixture, pipe, fitting, solder, or flux to install or repair plumbing.
(d) This section does not prohibit the sale or offer for sale of a lead joint necessary for the repair of cast-iron pipe. The commission shall adopt rules to implement this subsection.
(e) The commission may adopt rules to implement this section.
(f) If a person licensed under Chapter 1301, Occupations Code, violates this section, the Texas State Board of Plumbing Examiners may discipline the person under Subchapter I of that chapter as if a violation of this section were a violation of that chapter.
(g) A person commits an offense if the person violates Subsection (a) or (b). An offense under this subsection is a Class C misdemeanor. Each violation is a separate offense and each day of a continuing violation is a separate offense.
(h) Within the jurisdiction of a municipality, a municipal plumbing inspector may issue a citation to a person who violates this section.