The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 Texas Administrative Code §367.10 without changes to the proposed text as published in the June 5, 2020, issue of the Texas Register (45 TexReg 3730). The rule will not be republished.

REASONED JUSTIFICATION

The amendment to §367.10 states when a plumbing company must disclose the license information of the Master Plumber acting as the Responsible Master Plumber (RMP) for the company and requires that documents including proposals, invoices, and contracts inform the public of the Board's regulatory authority and provide Board contact information. The rule eliminates the requirement to display an RMP's certificate of licensure in the place of business and stringent requirements including the font size of text in invoices, proposals, and other contracts. With respect to advertising, the proposed amendments make changes to modernize the rule and account for changes in technology, such as the Internet and digital advertising platforms, and changes in the marketplace such as the proliferation of franchisor/franchisee relationships. The amendment will expand the advertising and promotional activities expressly deemed to be exempt from the rule's requirements, thereby limiting existing regulations.

PUBLIC COMMENT

The Board published the proposed amendments to 22 Texas Administrative Code §367.10 in the June 5, 2020, issue of the Texas Register (45 TexReg 3730). No comments were received. A public hearing in accordance with Texas Government Code §2001.029 was not required.

STATUTORY AUTHORITY

Amended §367.10 is adopted under the authority of §1301.251(2) of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce chapter 1301 of the Occupations Code (Plumbing License Law). It is also adopted under the authority of, and to implement Plumbing License Law §§1301.252, which prohibits false, misleading, and deceptive practices, and 1301.302, relating to required information in contractual documents.

No other statute is affected by the adoption of this rule.