Texas Register

TITLE 22 EXAMINING BOARDS
PART 17TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 367ENFORCEMENT
RULE §367.9Advertising; Offering to Perform Plumbing
ISSUE 10/28/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A person or company shall not advertise, contract for or otherwise offer or agree to perform plumbing work for or provide plumbing services to the public unless the person or company has secured the services of at least one RMP holding a current Master Plumber License.

(b)A person or company has secured the services of a RMP if:

  (1)the RMP is an employee of the person or company; or

  (2)the RMP is the owner of the plumbing company that will contract for and perform plumbing work under his or her license.

(c)[Notwithstanding subsection (b) of this section, a] A licensee who contracts for or otherwise agrees to perform plumbing work is not in violation of [§1301.351(a-2) ] of the PLL if the licensee has a written subcontracting agreement with a person or company that has secured the services of a RMP [in accordance with subsection (b) of this section].

(d)The agreement required in subsection (c) of this section shall:

  (1)be signed by the licensee contracting for, or otherwise offering to perform plumbing and the RMP of record for the plumbing company that will perform the plumbing work;

  (2)provide a description of all plumbing work to be performed pursuant to the agreement;

  (3)include the price for all plumbing work to be performed; and

  (4)contain the information required under [§1301.302 of] the PLL and [§367.10 of this title] board rules.

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 October 13, 2022

TRD-202204094

Patricia Latombe

General Counsel

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: November 27, 2022

For further information, please call: (512) 936-5216



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