(a)Display of License Number on Service Vehicle.
Both the RMP of record and owner of a plumbing company shall ensure
that the RMP's license number and the company name are displayed on
both sides of all service vehicles owned or operated by the company,
or otherwise used in conjunction with providing plumbing work by,
or on behalf of, the company. The license number must be preceded
by the letters "M", "MPL", or "RMP". The letters and numbers must
be placed on the body of the vehicle and must be of a contrasting
color, and at least two inches in height. [The RMP of record
shall display his or her certificate of licensure in his or her place
of business in a conspicuous location.]
(b)Disclosure of Licensure and Regulatory Oversight
on Contracts. Both the RMP of record and owner of a plumbing company
shall ensure that the first page of each written or electronic proposal,
invoice or contract for plumbing services includes, in at least twelve-point
font: [Both the RMP of record and owner of a plumbing company
shall ensure that the RMP's license number and the company name are
permanently displayed on both sides of all service vehicles owned
or operated by the RMP or the company and used in conjunction with
plumbing work.]
(1)the first and last name of the RMP of record; [
For the purposes of this subsection, a magnetic sign is not a permanent
sign.]
(2)the license number of the RMP of record; [
The letters and numbers shall be at least two (2) inches high and
shall be in a color sufficiently different from the body of the vehicle
so that the letters and numbers shall be plainly legible at a distance
of not less than one hundred (100) feet.]
(3)the phrase "regulated by the Texas
State Board of Plumbing Examiners"; and
(4)the Board's mailing address, phone
number, and website address (tsbpe.texas.gov).
(5)For the purposes of this subsection,
the terms "proposal," "invoice" and "contract" include any and all
documents used to define the scope and/or cost of the work to be performed
for a consumer. This would include items such as written estimates,
service invoices, billing invoices, receipts or any document, written
or electronic, which defines the services and cost of the plumbing
services provided to the consumer.
(c)Disclosure of Licensure on Advertisements. Both
the RMP of record and owner of a plumbing company shall ensure that
all advertisements by a plumbing company designed to solicit plumbing
business state the license number of the RMP of record, regardless
of the type of media used. This includes business cards, "flyers,"
referral coupons, or other handouts. The following advertising does
not require disclosure of the license number [the first
page of each written or electronic proposal, invoice or contract for
plumbing services includes, in at least twelve (12) point font]:
(1)nationally-placed, or interstate television
advertising; provided, a statement is included indicating that license
numbers for local providers are available upon request [the
first and last name of the RMP of record];
(2)Internet advertising by a franchisor on behalf
of its franchisees; provided, a statement is included indicating that
license numbers for local providers are available upon request [
the license number of the RMP of record];
(3)advertisements that do not contain a visual
component, such as radio advertisements or solicitations by phone
call; provided, the solicitor must include a statement indicating
that the plumbing company complies with state licensing requirements.
The license number of the RMP of record must be made available upon
request [the words "regulated by the Texas State Board
of Plumbing Examiners"];
(4)promotional items of nominal value such as
ball caps, T-shirts or other clothing (including company uniforms); [
the Board's mailing address and telephone number; and]
(5)signs located on or adjacent to the plumbing
company's permanent business location; or [for the purposes
of this subsection, the terms "proposal", "invoice" and "contract"
include any and all documents used to define the scope and cost of
the work to be performed for a consumer. This would include items
such as service invoices, billing invoices, receipts or any document
written or electronic which defines the services and cost of the plumbing
services provided to the consumer. The consumer need not sign the
document for it to be considered a contract.]
(6)telephone book listings or other
company information aggregated by a third party for which the plumbing
company does not possess editorial control or influence over the content,
and does not otherwise participate in the dissemination or promotion
of such content.
[(d)Both the RMP of record and owner
of a plumbing company shall ensure that all advertisements for plumbing
services, regardless of the type of media used, clearly display or
verbally state the company name and license number of the RMP of record.]
[(1)For the purposes of this subsection, the term
media includes but is not limited to:]
[(A)newspapers;]
[(B)telephone directories;]
[(C)printed materials such as flyers and other handouts;]
[(D)business cards;]
[(E)signs and billboards;]
[(F)radio;]
[(G)television; and]
[(H)the Internet.]
[(2)For the purposes of this subsection, uniforms
or other clothing displaying a plumbing company name or logo and a
sign affixed to the contractor's permanent business location are not
considered an advertisement.]
The agency certifies that legal counsel has
reviewed the proposal and found it to be within
the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 22, 2020
TRD-202002086 Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: July 5, 2020
For further information, please call: (512) 936-5226
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