Office of the Attorney General
State of Texas

August 30, 1990

Honorable Clyde Alexander
State Representative
District 12
P.O. Box 750
Athens, Texas 75751

Letter Opinion No. 90-057

Dear Representative Alexander:

The Plumbing License Law, article 6243-101, V.T.C.S., provides for licensing of plumbers. An unlicensed person may not engage in plumbing without a license unless that person's work comes within the scope of an exemption set out in the act. V.T.C.S. art. 6243-101, s 14. The act expressly permits "[p]lumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public." Id. s 3(c). Therefore, school district maintenance personnel may engage in plumbing work that is incidental to and in connection with their maintenance work for the school district.

You enclose a letter from a constituent who states that Attorney General Opinion WW-517 (1958) "overruled" the exception for maintenance personnel. In fact, that opinion considered whether the exception applied to specific workers described in detail by the requestor. The opinion concluded that such workers were not within the scope of the exception. It did not question the validity of the exception itself.

I have enclosed a copy of Attorney General Opinion WW-517. I hope it is helpful to you.

      Yours very truly,

      Sarah Woelk
      Letter Opinion Section
      Opinion Committee

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