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RULE §367.3Standards of Conduct - Licensees and Registrants

(a) Offer to Perform Services. All licensees and registrants:

  (1) shall accurately and truthfully represent to any prospective client or employer, his or her capabilities and qualifications to perform the services to be rendered;

  (2) shall not offer to perform, nor perform, technical services for which he or she is not qualified by education or experience, without retaining the services of another who is so qualified;

  (3) shall not evade responsibility to a client or employer;

  (4) shall give the customer an invoice or completed contract document on completion of the plumbing job, regardless of whether he or she charged a fee for performing the services; and

  (5) for the purposes of paragraph (4) of this subsection, the customer is the person to whom the plumbing or technical services were provided even if the services were provided pursuant to a contract with a third party including but not limited to a home warranty company, general contractor, or a company established to perform inspections.

(b) Conflicts of Interest. All licensees and registrants:

  (1) shall not agree to perform services if any significant financial or other interest exists that would:

    (A) conflict with the obligation to render a faithful discharge of such services; or

    (B) impair independent judgment in rendering such services;

  (2) shall withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client or employer, but then only upon reasonable notice to the client or employer; and

  (3) shall not accept remuneration from any person other than the client or employer for a particular project, nor have any other financial interest in other service or phase of service to be provided for the project, unless the client or employer has full knowledge and so approves.

(c) Representations. All licensees and registrants:

  (1) shall not indulge in advertising that is false, misleading, or deceptive;

  (2) shall not misrepresent the amount or extent of prior education or experience to any employer or client;

  (3) shall, when providing estimates for costs or completion times of a proposed project, represent to a prospective client or employer as accurately and truthfully as is reasonably possible the costs and completion time of the proposed project; and

  (4) shall not hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact.

(d) Compliance with Laws, Rules, Local Ordinances, and Board Orders. All licensees and registrants shall comply fully with:

  (1) the Plumbing License Law and all other state laws regulating plumbing work;

  (2) all rules adopted by the Board;

  (3) all Board orders;

  (4) the ordinances, bylaws and other local rules regulating plumbing adopted by a political subdivision; and

  (5) when applicable, the plumbing codes adopted by the Board.

Source Note: The provisions of this §367.3 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684

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