Texas State Board of Plumbing Examiners
Self-Evaluation Report
Submitted to the
Sunset Advisory Commission
September 2017
TABLE OF CONTENTS
I. Agency Contact Information ............................................................................................... 1
II. Key Functions and Performance ......................................................................................... 1
III. History and Major Events.................................................................................................... 3
IV. Policymaking Structure ....................................................................................................... 4
V. Funding ............................................................................................................................... 5
VI. Organization ........................................................................................................................ 7
VII. Guide to Agency Programs ................................................................................................. 8
VIII. Statutory Authority and Recent Legislation ...................................................................... 11
IX. Major Issues ...................................................................................................................... 12
X. Other Contacts .................................................................................................................. 13
XI. Additional Information ..................................................................................................... 14
Reporting Requirements ................................................................................................... 14
Complaint Data ................................................................................................................. 14
Historically Underutilized Business (HUB) Data ................................................................ 15
Equal Employment Opportunity (EEO) Data ..................................................................... 17
XII. Agency Comments ............................................................................................................ 18
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September 2017 1 Sunset Advisory Commission
Texas State Board of Plumbing Examiners
Self-Evaluation Report
I. Agency Contact Information
A. Please fill in the following chart.
Texas State Board of Plumbing Examiners
Exhibit 1: Agency Contacts
Name Address
Telephone &
Fax Numbers
Email Address
Agency Head
Lisa G. Hill
929 East 41
st
Street
Austin, Texas 78751
(512) 936-5233
(512) 450-0637
lisa.hill@tsbpe.texas.gov
Agency’s Sunset
Liaison
Cristabel Bodden
929 East 41
st
Street
Austin, Texas 78751
(512) 936-5226
(512) 450-0637
[email protected]
Table 1 Exhibit 1 Agency Contacts
II. Key Functions and Performance
Provide the following information about the overall operations of your agency. More detailed
information about individual programs will be requested in a later section.
A. Provide an overview of your agency’s mission, objectives, and key functions.
The mission of the Texas State Board of Plumbing Examiners (TSBPE) is to protect Texas citizens
against the health and safety hazards that can result from improperly installed plumbing, gas,
and medical gas systems. To protect the public’s health and safety, the TSBPE ensures plumbing
professionals are qualified, competent, and adhere to established professional standards.
To achieve this goal, the TSBPE administers and enforces Chapter 1301 of the Texas Occupations
Code (Plumbing License Law). The statutorily-imposed duties found in the Plumbing License Law
can be separated into four main categories: examination, licensing, enforcement, and
administration (examinations and licensing are grouped together in a single appropriations
strategy, but for practical purposes they are two separate functions.)
Although not expressly required by statute, the TSBPE believes an education component is
inherent in all but its administrative function. To that end, the agency strives to raise awareness
among consumers, licensees and registrants, local governments, and other stakeholders in the
plumbing industry regarding the requirements of the Plumbing License Law and rules adopted by
the Board, and the dangerous conditions that can arise from improperly installed plumbing.
The following table shows the types of licenses and registrations under the TSBPE's authority as
well as the endorsements that may be added to a specific license type and the registrations that
may be added to a Plumber's Apprentice Registration:
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Sunset Advisory Commission 2 September 2017
Type of License or Registration
Master Plumber License
Responsible Master Plumber Designation
• Medical Gas Piping Installation Endorsement
• Water Supply Protection Specialist Endorsement
• Multipurpose Residential Fire Protection Sprinkler
Journeyman Plumber License
• Water Supply Protection Specialist Endorsement
• Multipurpose Residential Fire Protection Sprinkler
Tradesman Plumber-Limited License
Plumbing Inspector License
• Water Supply Protection Specialist Endorsement
• Multipurpose Residential Fire Protection Sprinkler
Plumber's Apprentice Registration
• Drain Cleaner Registration
•
B. Do your key functions continue to serve a clear and ongoing objective? Explain why each
of these functions is still needed. What harm would come from no longer performing
these functions?
TSBPE's key functions are still needed because plumbing systems installed, repaired, and serviced
by licensed plumbers, and inspected by licensed inspectors, are critical to the health and safety
of the citizens of Texas. Improperly installed plumbing systems can transmit diseases such as
amoebic and bacterial dysentery and cause explosions or fires that result in serious injury and
property damage. Illness, serious harm or even death can occur when noxious fumes from fuel
or methane gas are not properly ventilated or medical gases are contaminated due to cross-
connected medical gas vacuum piping. Properly installed plumbing systems should not be taken
for granted simply because we live in modern times. Rather, we must recognize that the reason
plumbing-related accidents, illnesses, and injuries occur less often is due, in large part, to
continued diligence in the regulation of the plumbing industry. Without this regulation, the
requirements and standards developed by the Legislature to ensure the safety and quality of the
plumbing industry would deteriorate.
Federal law does not require the licensing of plumbers or plumbing inspectors. However, the
plumbing codes adopted by the Board and local governments incorporate many of the
requirements of the Federal Safe Water Drinking Act, which is designed to protect public water
systems.
The agency's key functions continue to serve a clear and ongoing objective as follows:
Examination: The TSBPE's examination function ensures that all those who hold a plumbing
license or endorsement have met or exceeded minimum standards of competency and have the
knowledge and experience needed to perform plumbing work properly.
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Both the examinations developed by the agency and its Examination Center are currently
recognized nationwide as setting some of the highest standards for the plumbing industry. Most
notable are the practical "shop" components of the exams for the Tradesman Plumber-Limited
License, Journeyman License, and Medical Gas Piping Installation Endorsement.
The life of any plumbing system, large or small, is determined by how well the pipe and other
materials that comprise the system are prepared and assembled. Once installed, improper
preparation or assembly of the materials may not be detected until the system fails. For this
reason, the shop components of these exams are used to assess the examinee's skill in the
preparation and assembly of materials in addition to his or her skill in installation.
Licensing: The licensing function ensures that those working in the plumbing trade are staying
current with changes in the plumbing codes, knowledgeable about technical advances in the
industry, and improving their skill as plumbers through continuing education. The registration of
Plumber's Apprentices is vital to the growth of the industry because it provides a clear career
path for obtaining a license.
Enforcement: Proactive enforcement of the Plumbing License Law, rules adopted by the Board,
and plumbing codes protects both consumers and the plumbing industry. Identifying and
penalizing individuals and companies offering or performing plumbing services without the
proper license reduces the risk posed to consumers by improperly installed plumbing. Penalizing
business owners, licensees, and registrants who fail to abide by the laws, rules, and ordinances
regulating plumbing keeps industry standards high.
Education plays a key part within the Enforcement program. Most plumbers desire to “do the
right thing” and abide by the laws, rules, local ordinances, and codes that regulate their industry.
However, without the TSBPE’s efforts to educate licensees and registrants about what is
expected regarding compliance, many plumbers would find themselves in unintentional violation
of these regulations. Educating consumers about the regulations helps them understand what is
expected of a licensed plumber, which in turn helps them make better decisions when choosing
who to hire. Additionally, when a plumber knows that a client is knowledgeable about the
plumbing profession, the plumber is more likely to deliver a better service.
Raising awareness about the dangers of incorrectly installed plumbing systems also helps to deter
consumers from hiring unlicensed individuals. To assist with this task, the TSBPE has developed
a mobile unit that houses a display of transparent fixtures and piping used to demonstrate how
easily cross-connected pipes can lead to the contamination of the water supply. These
demonstrations are presented statewide to political subdivisions, high schools, career and
technical educational institutions, plumbing trade associations, etc.
Indirect Administration: Indirect Administration includes supervision of all agency staff. In
addition to providing leadership and guidance to meet the agency’s mission and vision, the
Indirect Administrative function provides for the management of day-to-day operations,
implements agency objectives and monitors the agency’s performance and operational
effectiveness and efficiencies. The Indirect Administration strategies also perform all of the
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Sunset Advisory Commission 4 September 2017
accounting, payroll, purchasing, reporting, human resources, and facilities management tasks
required by the State to operate properly and efficiently. These administrative tasks are
necessary to support the agency's other key functions.
C. What evidence can your agency provide to show your overall effectiveness and efficiency
in meeting your objectives?
The TSBPE's performance measures provide evidence of the TSBPE's overall effectiveness and
efficiency. The agency shows its effectiveness through the planning and completion of goals and
benchmarks. The agency has completed many of its goals. Some of those items are the
completion of the FY 2017-2021 Strategic Plan including a customer service survey; increasing
the number of online services to facilitate communications and transparency with the licensees,
stakeholders and the legislature; launching a new website with updated user friendly
applications; streamlining the process of notifying examinees of their scheduled examination;
providing examinees with study materials electronically; moving many application processes to
paperless files; remodeling the professional continuing education program; and designing and
implementing a program to allow Responsible Master Plumbers to self-enter certificates of
insurance through our secured site.
The agency’s efficiency can also be measured by the continued contributions each fiscal year of
over a million dollars above its expenditures to the general revenue fund. The total collections
for the General Fund are well over $5 million per fiscal year. These fees help fund key priorities
established by Governor Abbott and the Legislature. We look to the future with Governor Abbott
in supporting and strategically investing in priorities that protect the safety and security of Texans
and empower the private sector to create jobs that promote and support the economic growth
and success of this State.
D. Does your agency’s enabling law continue to correctly reflect your mission, objectives,
and approach to performing your functions?
Yes, the TSBPE's enabling statute correctly reflects the agency's mission and objectives. A few
minor changes discussed in this report could be made to better reflect how certain functions are
actually performed. Suggestions for more significant changes to assist with the enforcement of
the Plumbing License Law are discussed in Section IX of this report.
E. Have you recommended changes to the Legislature in the past to improve your agency’s
operations? If so, explain. Were the changes adopted?
Yes, the passage of SB 2065 during the most recent legislative session will reduce the number of
enforcement cases docketed at the State Office of Administrative Hearings that result in the
dismissal of the case on a default basis and conserve agency resources currently spent to
prosecute those cases. It will also increase the efficiency of the Enforcement Department by
reducing the resolution time for certain contested cases on administrative penalties.
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TSBPE Process for Imposing Administrative
Field Representative
investigates complaint
and issues investigation
report
Investigation report
reviewed by
Enforcement Committee
(EC)
EC offers RSP informal
conference
EC finds violation
occurred and offers RSP
an agreed settlement
Board adopts Agreed
Final Order setting forth
terms of the settlement
EC finds no violation
occurred
Complaint closed and
RSP and CMP notified
EC finds a violation
occurred
Case opened and NOAV
sent to RSP
RSP agrees to waive
right to a hearing and
settle for a reduced
penalty
RSP pays penalty in full
Board adopts Final Order
imposing penalty
RSP enters into payment
plan agreement
RSP requests a hearing
Hearing held at State
Office of Administrative
Hearings
RSP appears
Administrative Law
Judge (ALJ) issues
Proposal for Decision
(PFD)
Board considers PFD at
next meeting
Board approves a Final
Order adopting PFD
Board approves Final
Order adopting PFD with
changes
RSP defaults
ALJ dismisses case and
remands to Board for
informal disposition
Board adopts Default
Final Order imposing the
penalty amount
recommended by EC
RSP agrees to settle
Board adopts Agreed
Final Order setting forth
terms of the settlement
RSP fails to respond to
NOAV
EC prepares proposed
Default Final Order for
Board consideration
Board adopts Default
Final Order imposing
penalty
F. Do any of your agency’s functions overlap or duplicate those of another state or federal
agency? Explain if, and why, each of your key functions is most appropriately placed
within your agency. How do you ensure against duplication with other related agencies?
No, there is no duplication of functions. The TSBPE is the only agency that examines and licenses
plumbers, registers Plumber's Apprentices, and enforces the Plumbing License Law. Keeping the
regulation of the industry within a stand-alone agency that can focus all of its time, energy, and
resources on the issues unique to the plumbing trade is the best way to guarantee that
professional standards and the expectations of the licensees and registrants remain at the
highest level possible. In addition, the number of plumbing-related licenses, registrations, and
endorsements under the TSBPE's authority is best-handled by a stand-alone agency familiar with
the plumbing industry.
There is some limited overlap between the scope of work permitted under certain plumbing
licenses and endorsements and the scope of work permitted under licenses, certifications, or
registrations under the authority of other agencies. For example, the Texas Railroad Commission
grants exemptions from the Category D licensing and examination requirements for general LP-
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Sunset Advisory Commission 6 September 2017
Gas installers and repairmen to licensed Journeyman and Master Plumbers. Such minimal overlap
is commonly identified by the Legislature and addressed through statute. In the case of our
example, Tex. Nat. Res. Code § 113.081(d) grants the Railroad Commission the authority to
exempt Journeyman and Master Plumbers from LP-Gas licensing requirements.
G. In general, how do other states carry out similar functions?
Most states that regulate the plumbing industry license Journeyman and Master Plumbers, and
many also license Plumbing Inspectors. In most states where the plumbing industry is not
regulated by a state agency, cities or counties are responsible for licensing and regulatory
functions.
Many states base their licensure exams on a single plumbing code that has been adopted by the
state. Among the states that license Journeyman Plumbers, several administer a practical
component as part of the licensing examination. Those states that have not incorporated a
practical (hands on) component into their examination have indicated that they understand the
need for it and are progressing toward administering a practical component.
The majority of states that license plumbers do not practice pure reciprocation with other states.
Instead, they will accept a license from another state to satisfy experience requirements, while
still requiring the individual to pass their licensure examination. Some states require that a
Master Plumber or Plumbing Contractor carry liability insurance. Only a few states require
licensees to complete continuing professional education to be eligible to renew their license.
Most of the states surveyed have enforcement programs similar to Texas. Some of the other
states utilize state agency employed Field Representatives, while others rely on local Plumbing
Inspectors to provide enforcement. Some of the other state agencies utilize Enforcement
Committees in a similar fashion as Texas.
The TSBPE is nationally recognized for setting high standards for regulation of the plumbing
industry. For example, Texas was one of the first states to implement a Medical Gas Piping
Installation Endorsement to ensure the proper installation of medical gas systems in health care
facilities. On numerous occasions, representatives from regulatory bodies in other states have
requested to tour the Board’s facilities and review the Board’s programs in an effort to learn
about best practices. In addition, the TSBPE's Board members and agency staff have had the
opportunity to network with individuals from other states regarding issues affecting the
development of plumbing codes, examinations, and enforcement.
H. What key obstacles impair your agency’s ability to achieve its objectives?
The TSBPE in its planning has averted major obstacles that could impair its ability to achieve its
objectives. However, the issues discussed below have impaired both efficiency and the ability to
provide the highest level of customer service possible.
Database Limitations: The limited capabilities of VERSA, the TSBPE's licensing database, have
impeded the speed with which the agency has been able to offer critical services such as license
and registration renewals through its online licensing system (VERSA Online).
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Even the most basic functions, like allowing anyone with an online user account to update their
mailing address or email address, have required enhancements to the out-of-the-box software
package purchased by the State. In the six years the Board has used VERSA, it has spent more
than $77,000 on these much-needed enhancements not including the additional yearly
maintenance fees to further support each of the needed enhancements.
Further complicating the matter is the fact the Health Professions Council (HPC) has a limited
staff and must serve as the intermediary between TSBPE staff and MicroPact—the software
company that developed VERSA. HPC’s limited staff must work with multiple agencies which can
slow the processing of enhancements and needed repairs for each individual agency.
Finally, there are some functions that VERSA Online can perform, but only if all seven of the Texas
agencies that are served by VERSA and HPC want that function available to online users. For
example, TSBPE examinees were initially able to access their exam scores online; however, this
function was turned off because the TSBPE was the only agency that wanted it. The price quoted
for restoring this function for just the TSBPE was $11,000.
While the TSBPE has worked hard to cross train its employees to provide the best customer
service it can to the public and its stakeholder, the agency continues to have difficulty recruiting
and hiring qualified plumbers to fill its Investigator and Examiner positions as the current
economic condition of the State continues to improve. Plumbers are needed across the State and
the TSBPE cannot afford to compete or pay equivalent salaries offered by cities, political
subdivisions or companies.
I. Discuss any changes that could impact your agency’s key functions in the near future (e.g.,
changes in federal law or outstanding court cases).
The TSBPE does not anticipate any changes in federal law that will impact its key functions. There
are currently no court cases in which the agency is involved as a party, and the agency is not
aware of any other pending litigation that could alter any of its major operations.
J. What are your agency’s biggest opportunities for improvement in the future?
The TSBPE needs to continue to implement new processes that encourage as many licensees and
registrants as possible to create and consistently utilize an account for VERSA online. To achieve
this goal, the TSBPE will require continued outreach and education efforts to get users
comfortable with the online system. One way to achieve this goal is to slowly transition each
type of license or registration to mandatory renewal online. The TSBPE has begun this process
with Continuing Education Instructors in 2016. Plumbing Inspectors have also been pushed to
the online service for their initial license and will all be required to renew online beginning
January 2018.
The agency also plans to improve its examination processes through the use of software designed
to maintain the integrity of the written portion of the examination as well as provide a faster
result for the examinee and increase the number of examinations given per day. In some license
and registration ranks the numbers issued and/or renewed has increase three-fold. The demand
for well-qualified, trained and tested plumbers will continue to increase.
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Sunset Advisory Commission 8 September 2017
K. In the following chart, provide information regarding your agency’s key performance
measures included in your appropriations bill pattern, including outcome, input,
efficiency, and explanatory measures. See Exhibit 2 Example. Please provide information
regarding the methodology used to collect and report the data.
Texas State Board of Plumbing Examiners
Exhibit 2: Key Performance Measures — Fiscal Year 2016
Key Performance Measures
FY 2016
Target
FY 2016
Actual Performance
FY 2016
% of Annual Target
Percentage of Complaints Resolved Resulting in
Disciplinary Action
60.0%
38.6%
64.3%
Percentage of Licensees & Registrants with No Recent
Violations
99.0%
99.0%
100.0%
Percent of Licensees and Registrants Who Renew Online
47.0%
46.0%
97.8%
Percent of New Individual Licenses, Registrations and
Endorsements Issued Online
32.0%
30.4%
95.0%
Number of New Licenses and Registrations Issued to
Individuals
10,038
10,773
107.3%
Number of Licenses, Registrations and Endorsements
Renewed (to Individuals)
42,100
42,268
100.4%
Total Number of Licenses, Endorsements, and
Registrations Issued
52,250
53,403
102.2%
Total Number of Compliance Checks Performed
11,650
9,856
84.6%
Number of Investigations Conducted
1,150
894
77.7%
Number of Complaints Resolved
1,250
1,182
94.6%
Table 2 Exhibit 2 Key Performance Measures
L. Please discuss any “high-value data” your agency possesses, as defined by Section
2054.1265 of the Government Code. In addition, please note whether your agency has
posted those data sets on publically available websites as required by statute.
High-value data are posted on our website and easily accessible to the public. The website
includes a public search function at: http://tsbpe.texas.gov/ that allows consumers to search for
licensees and registrants by name, license type, license number, city, or county.
Lists of licensees and registrants, including by the RMP showing their company name are also
available. The data can be sorted by license type and is available to the public for download at:
http://tsbpe.texas.gov/portfolio/downloadable-files/. This is essentially the same set of high
value data that are accessible in different ways typically requested through an open record
request but offered as a self-serve free of charge record.
In addition, the following reports containing high value data are also posted on our website:
• TSBPE Operating Budget Fiscal Year 2016
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September 2017 9 Sunset Advisory Commission
• TSBPE Agency Strategic Plan for Fiscal Years 2017-2021
• TSBPE Fiscal Year 2016 Customer Service Report
• Legislative Appropriations Request for Fiscal Years 2018 and 2019
• TSBPE Fiscal Year 2016 Annual Financial Report
III. History and Major Events
Events that changed or increased the workload of a specific department within the agency are
included in Part D of Section VII - Guide to Agency Programs.
1947: The 50
th
Legislature (SB 188) enacted the Plumbing License Law of 1947, which created
the Texas State Board of Plumbing Examiners (TSBPE) to provide for uniform statewide licensure
of Master and Journeyman Plumbers and Plumbing Inspectors.
• The Board was composed of six members appointed by the Governor: a Master Plumber, a
Journeyman Plumber, an architect, a sanitary engineer, a commercial builder, and a
homebuilder.
• The TSBPE was self-supporting with no funds paid to or collected from the state General Fund.
• Cities of 5,000 or more inhabitants were required to adopt their own plumbing installation
regulations and perform plumbing inspections using licensed Plumbing Inspectors.
• Plumbers were required to be licensed only if performing plumbing work within a city of 5,000
or more inhabitants.
• The agency had the authority to revoke a license; the penalty for working without a required
license was as stated in the Penal Code of Texas.
1975: The 64
th
Legislature (HB 1886) classified an offense under the Plumbing License Law as a
Class C Misdemeanor.
1977: The 65
th
Legislature (SB 54) made the TSBPE subject to the Texas Sunset Act.
1981: The 67
th
Legislature (SB 851) changed the Board's composition, eliminating the Architect
member and adding two public members, a plumbing contractor member, and a Plumbing
Inspector member. The TSBPE was also made subject to the Appropriations Act.
1987: The 70
th
Legislature (SB 620) classified a violation of the Plumbing License Law and Board
Rules as a Class B misdemeanor and authorized the TSBPE’s Field Representatives to issue
citations for violations of the Plumbing License Law. Because a violation was a Class B
misdemeanor, Field Representatives could not file citations in local Justice of the Peace Courts.
HB 78 granted licensed Plumbing Inspectors the authority to enforce the Plumbing License Law
in addition to the Board.
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1989: The 71
st
Legislature (HB 204, R.S.) reclassified a violation of the Plumbing License Law and
Board Rules as a Class C misdemeanor to allow Field Representatives to file citations in local
Justice of the Peace Courts.
1993: The 73
rd
Legislature (SB 815) directed the Board to adopt the Southern Standard Plumbing
Code, the Uniform Plumbing Code, and the National Standard Plumbing Code, as the plumbing
codes to be used for the state.
1999: Attorney General Opinion #JC-0012 clarified that municipalities may adopt a plumbing
code other than the three plumbing codes named in the Plumbing License Law provided that the
code adopted did not substantially vary from the three named codes. The opinion further
clarified that the Board may not adopt any plumbing code other than the three named codes as
they existed in 1993.
2000: The 200
th
Judicial District Court ruled that the TSBPE could not enter into an interagency
contract with Texas Engineering Extension Service for the development of course materials for
Continuing Professional Education.
2001: The 77
th
Legislature (HB 2813) re-codified the Plumbing License Law as Tex. Occ. Code
Chapter 1301. HB 1505 changed the position on the Board for a licensed Sanitary Engineer to a
licensed Professional Engineer.
HB 217 greatly expanded the TSBPE's jurisdiction by requiring that all plumbing work connected
to a public water system, or performed in any city in the state be performed by a licensed
plumber; replaced the Board's authority to adopt the Southern Standard Plumbing Code and the
National Standard Plumbing Code with the authority to adopt the 2000 versions of the Uniform
Plumbing Code and the International Plumbing Code; and allowed a Plumbing Inspector to
contract with a political subdivision so long as the political subdivision paid for all inspections
performed by the inspector.
SB 365 amended Chapter 214 of the Local Government Code to include a provision naming the
International Residential Code as the residential building code for the state.
2003: The 78
th
Legislature (HB 1, R.S.) reduced the agency's FTE cap from 25 to 22 due to
statewide budget restrictions. The TSBPE's sunset legislation, SB 282, continued the agency until
September 1, 2015, and made the following changes to the Tex. Occ. Code Ch. 1301:
• Specified that the Enforcement Committee would be composed of staff members only and all
other Board Committees would be composed of Board members only.
• Enabled the Board to set training requirements for Plumber’s Apprentices.
• Equipped the Board with a full range of sanctions, including administrative penalties,
restitution, and cease and desist orders.
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2009: The 81
st
Legislature (SB 1410, R.S.) amended section 1301.351 and several definitions to
clarify that licensees and registrants must work under the general supervision of a Responsible
Master Plumber (RMP). SB 1354 amended the definition of "plumbing" to include equipment and
systems used to distribute and circulate a liquid or gas and required a political subdivision to
verify that a plumbing contractor has a certificate of insurance on file with the Board prior to
issuing the plumbing contractor a permit to perform plumbing work.
SB 1 provided funding for a shared regulatory database and licensing system to be housed at the
Department of Information Resources data center and supported by the Health Professions
Council.
2011: The 82
nd
Legislature (HB 2376, R.S.) required that a Master Plumber must submit evidence
of completion of a Board approved 24-hour training class regarding the laws and rules applicable
to the operation of a plumbing business in the state of Texas prior to working as a “Responsible
Master Plumber” and amended the definition of Responsible Master Plumber to include only
those Master Plumbers who have completed a Board-approved training class regarding the laws
and rules applicable to the operation of a plumbing business in the state of Texas before the
person works as a Responsible Master Plumber.
2013: The 83
rd
Legislature (HB 2062, R.S.) granted the Board the authority to investigate the
owner of a plumbing company in addition to those licensed under the Plumbing License Law and
HB 2028 required the Board to give credit toward licensing requirements for verified military
service, training, or education.
2015: The 84
th
Legislature (HB 2464, R.S.) granted TSBPE the authority to transfer a current
license held for fifty consecutive years to certain family members upon the death or retirement
of the transferor.
2017: The 85
th
Legislature (HB 2095, R.S.) - This bill increased the number of licensees eligible to
transfer their license number, upon death or retirement, by lowering the number of years the
licensee must consecutively hold the license from 50 to 35.
HB 3049, R.S. - This bill allows the Board to credit an applicant for a Journeyman or Tradesman
Plumber-Limited examination with up to 250 hours of work experience if the applicant has
completed a coherent sequence of courses in the construction trade that are offered through a
career and technical education program that is approved by the Texas Education Commission.
HB 3277, R.S. – This bill allows the Board to impose a penalty against a person who is found to
be in violation of the Plumbing License Law, without a hearing, (default process) if the person
fails to respond to the notice informing him or her of the alleged violation.
IV. Policymaking Structure
A. Complete the following chart providing information on your policymaking body
members.
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Sunset Advisory Commission 12 September 2017
Texas State Board of Plumbing Examiners
Exhibit 3: Policymaking Body
Member Name Appointment Dates*
Qualification
City
Julio C. Cerda, Chair
Appointed February 14, 2014
and later appointed as Board
Chair on April 8, 2016. Term
expires September 5, 2019.
Public Member
Mission
Enrique Castro
Appointed May 4, 2007 and
later reappointed for a second
term on September 29, 2011.
Term expires September 5,
2017.
Master Plumber
El Paso
Ben R. Friedman
Appointed April 8, 2016. Term
expires September 5, 2021.
Journeyman Plumber
Dallas
Janet L. Gallagher
Appointed September 29,
2011. Term expires
September 5, 2017.
Plumbing Inspector
Pflugerville
David Anthony Garza
Appointed February 14, 2014.
Term expires September 5,
2019.
Commercial Builder
San Benito
Ricardo Jose Guerra, P.E., Secretary
Appointed May 4, 2007 and
later reappointed for a second
term on September 29, 2011.
Term expires September 5,
2017.
Professional Plumbing
Engineer
Austin
Milton R. Gutierrez
Appointed November 9, 2016.
Term expires September 5,
2021.
Public Member
Fort Worth
Robert F. Jalnos
Appointed April 8, 2016. Term
expires September 5, 2021.
Plumbing Contractor
San Antonio
Edward Thompson
Appointed November 7, 2008
and later reappointed for a
second term on February 14,
2014. Term expires September
5, 2019.
Homebuilder
Tyler
Table 3 Exhibit 3 Policymaking Body
*All Board members are appointed by the Governor, who serve six-year staggered terms.
B. Describe the primary role and responsibilities of your policymaking body.
The Board's primary responsibility is to administer and enforce Chapter 1301 of the Texas
Occupations Code (the Plumbing License Law).
C. How is the chair selected?
Pursuant to Tex. Occ. Code § 1301.157(a), the Governor designates the Board Chair who serves
in that capacity at the pleasure of the Governor.
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September 2017 13 Sunset Advisory Commission
D. List any special circumstances or unique features about your policymaking body or its
responsibilities.
The Board is unique in that it focuses on the regulation of one industry in its entirety. In addition,
four of the Board members have industry-specific knowledge and are licensees of the agency. A
fifth member is a licensed Professional Engineer practicing in the field of plumbing.
E. In general, how often does your policymaking body meet? How many times did it meet
in FY 2016? In FY 2017?
Historically, the Board met six times per year. However, in FY 2001, the Board Rules were
amended to allow for four meetings per year—once per quarter—in an effort to reduce travel
expenses. The full Board met four times in both FY 2016 and FY 2017 for scheduled meetings.
F. What type of training do members of your agency’s policymaking body receive?
Board members receive training conducted by the Assistant Attorney General (AAG) assigned to
the Board. The training consists of an overview of the Public Information Act, Open Meetings
Act, the laws and rules applicable to the review of applications submitted by individuals with
criminal convictions, and the process used to assess administrative penalties. The AAG's role as
General Counsel for the Board is also explained.
The Executive Director provides information about the history of the agency and major issues
affecting the plumbing industry and explains the separation between the Board's policymaking
responsibilities and the staff's responsibility for the day-to-day operations of the agency. Major
reports such as the Annual Financial Report, the Legislative Appropriations Request, Operating
Budget, and the Report of Non-Financial Data are also provided and reviewed.
Newly-appointed Board members also attend training provided by the Office of the Governor.
G. Does your agency have policies that describe the respective roles of the policymaking
body and agency staff in running the agency? If so, describe these policies.
22 Tex. Admin. Code § 361.5, concerning Administration, requires the Board to delegate "those
functions appropriate to the daily conduct of the Board's business of carrying out the purposes
of all applicable laws and of these rules."
H. What information is regularly presented to your policymaking body to keep them
informed of your agency’s performance?
At each quarterly meeting, Board members receive the following:
• Current statistics on the number of licensees and registrants served by the agency, including
endorsements and Responsible Master Plumbers.
• Current statistics on the number of examinations administered along with a comparison to
prior fiscal years.
Self-Evaluation Report
Sunset Advisory Commission 14 September 2017
• A summary of Investigator/Field Representative activity during the previous quarter, including
number of compliance checks performed, number of investigations conducted, number of
continuing education classes monitored, etc.
• A summary of the Enforcement Committee's activity during the previous quarter, including
number of meetings held, number of cases reviewed, number of cease and desist orders
issued, number of administrative penalties imposed, number of applications reviewed,
number of applications approved and denied, etc.
• A financial report including appropriation balances for the current fiscal year, a revenue
comparison between the current and previous fiscal years, and a comparison between the
estimated number of license, registration and examination fees received during the current
and previous fiscal years. Major reports such as the Annual Financial Report, the Legislative
Appropriations Request, Operating Budget, and the Report of Non-Financial Data are also
provided and reviewed.
• A report from the Executive Director on changes in staff, database and IT improvements,
legislative issues, overall plans and implementations of changes along with reports specific to
the agency such as audits and risk assessments, etc.
I. How does your policymaking body obtain input from the public regarding issues under
the jurisdiction of the agency? How is this input incorporated into the operations of your
agency?
Board members seek and receive public input during meetings of both the full Board and its
committees, which are posted and conducted in accordance with the Open Meetings Act. A
dedicated item for public comment is included on the agenda for every meeting. The TSBPE also
sends notification of all meetings and agendas to an extensive list of industry stakeholders and
posts notices, agendas, and minutes for all meetings on its website. Because the Board is
comprised mainly of licensees and professionals with ties to the plumbing industry, members of
the public also feel comfortable contacting individual Board members directly.
All rule changes are adopted in accordance with the Administrative Procedure Act, which allows
for public comment. Major rule revisions are often discussed during a public meeting of the Rules
Committee before going to the full Board for consideration to give stakeholders multiple chances
to comment in person. The Board also solicits written comments on all proposed rule changes
published in the Texas Register.
Staff receives public input via email, telephone, and in person while conducting the agency's day-
to-day operations. Comments may be submitted by anyone at any time via the
info@tsbpe.texas.gov email address. In addition, each examinee is given the opportunity to
make anonymous comments or suggestions for improvement after completing an exam.
Investigator/Field Representatives report comments, questions and concerns received while
performing compliance checks or conducting cross-connection demonstrations to both the public
and licensees. Comments are also received when staff attends industry-related conferences or
events such as the annual meeting of the Texas State Association of Plumbing Inspectors.
Agency newsletters are periodically e-mailed to licensees and registrants, posted on the TSBPE
website, and distributed to industry associations and all CPE providers. These newsletters are
Self-Evaluation Report
September 2017 15 Sunset Advisory Commission
intended to inform licensees of current issues facing plumbing industry and changes to agency
procedures; which often generates comments.
A newly-adopted rule, effective September 1, 2017, will allow the TSBPE to post a customer
satisfaction survey on its website that licensees and registrants can use to provide feedback
about providers and instructors of Continuing Professional Education (CPE). Another valuable
source of comments is the mandatory training held each year for CPE instructors. This is a forum
where CPE Instructors are educated by Board staff on updates to the Plumbing License Law,
Board Rules and day-to-day processes. Instructors are encouraged to ask questions and make
suggestions directly to staff.
All comments received are compiled and reviewed by the Executive Director. Comments and
suggestions relevant to policymaking are reported to the Board, while those relevant to day-to-
day operations are used by staff to improve customer service, internal processes, forms, etc.
When several comments indicate a gap in industry knowledge on a particular issue, clarifying
information might be added to the TSBPE website or questions and answers are added to the
running list of Frequently Asked Questions circulated to CPE providers and instructors.
J. If your policymaking body uses subcommittees or advisory committees to carry out its
duties, fill in the following chart. See Exhibit 4 Example. In addition, please attach a copy
of any reports filed by your agency under Government Code Chapter 2110 regarding an
assessment of your advisory committees.
Texas State Board of Plumbing Examiners
Exhibit 4: Subcommittees and Advisory Committees
Name of Subcommittee*
Size / Composition / How
are members appointed?
Purpose / Duties
Legal Basis
for Committee
Audit Committee
3 Board members appointed
by the Board Chair
Assists with the
coordination of audits, as
necessary, and reports to
the Board
Tex. Occ. Code §
1301.258(a) and (b)
Continuing Professional
Education (CPE) Committee
2 Board members appointed
by the Board Chair
Reviews CPE course
materials and applications
from Publishers of Course
Materials, Course Providers,
and Course Instructors;
solicits and reviews public
input on issues related to
CPE, as necessary, and
reports to the Board
Tex. Occ. Code §
1301.258(a) and (b)
Enforcement Committee
3 staff members appointed
by the Board Chair
Reviews applications
submitted by individuals
with criminal convictions
and conducts informal
conferences to evaluate
marginal applicants; reviews
Complaint Investigation
Reports and makes findings
regarding alleged violations
Tex. Occ. Code §§
1301.258(c), 1301.304,
1301.4522, 1301.703, and
1301.705
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Sunset Advisory Commission 16 September 2017
Name of Subcommittee*
Size / Composition / How
are members appointed?
Purpose / Duties
Legal Basis
for Committee
Examination Committee
4 Board members appointed
by the Board Chair
Assists with the
development of
examinations for new
license types; reviews the
operations of the
examination Department, as
necessary, and reports to
the Board
Tex. Occ. Code §
1301.258(a) and (b)
Legislative Resources
Committee
2 Board members appointed
by the Board Chair
Testifies at hearings of the
House Appropriations and
Senate Finance Committees,
and reports to the Board
Tex. Occ. Code §
1301.258(a) and (b)
Medical Gas Piping
Installation Endorsement
Committee
1 Board member appointed
by the Board Chair
Reviews eligibility
requirements for the
medical gas endorsement,
as necessary, and reports to
the Board
Tex. Occ. Code §
1301.258(a) and (b)
Personnel Committee
4 Board members appointed
by the Board Chair
Considers personnel
matters not within the
authority of the Executive
Director, as necessary, and
reports to the Board
Tex. Occ. Code §
1301.258(a) and (b)
Rules Committee
4 Board members appointed
by the Board Chair
Reviews existing rules in
accordance with Tex. Gov't
Code §2001.039 and makes
recommendations to the
Board; solicits public input
on proposed new rules,
amendments, and repeals
and reports to the Board
Tex. Occ. Code §
1301.258(a) and (b)
Technology Committee
1 Board member appointed
by the Board Chair
Reviews and assists with the
development of online
processes and
communications
Tex. Occ. Code §
1301.258(a) and (b)
Water Supply Protection
Specialist Endorsement
Committee
3 Board members appointed
by the Board Chair
Reviews eligibility
requirements for the water
supply protection
endorsement, as necessary,
and reports to the Board
Tex. Occ. Code §
1301.258(a) and (b)
Table 4 Exhibit 4 Subcommittees and Advisory Committees
*The Board does not utilize any advisory committees under the authority granted in Tex. Occ.
Code § 1301.257.
V. Funding
A. Provide a brief description of your agency’s funding.
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September 2017 17 Sunset Advisory Commission
The TSBPE’s primary source of funding is Legislative Appropriations divided between agency
strategies. A small percentage of revenue is collected as Appropriated Receipts.
B. List all riders that significantly impact your agency’s budget.
Non Applicable
C. Show your agency’s expenditures by strategy.
Texas State Board of Plumbing Examiners
Exhibit 5: Expenditures by Strategy — 2016 (Actual)
Goal / Strategy Amount Spent Percent of Total
Contract Expenditures
Included in Total Amount
A.1.1 Examine & License
Plumbers
$912,223
34.8%
$175,956
A.1.2 Texas.Gov
158,052
6.0%
-0-
A.1.3 Inspections &
Enforcement
1,241,649
47.3%
25,958
B.1.1 Indirect Administration
– Examination & Licensing
130,844
5.0%
18,070
B.1.2 Indirect Administration
– Inspections & Enforcement
182,126
6.9%
6,734
GRAND TOTAL:
$2,624,894
100%
$226,718
Table 5 Exhibit 5 Expenditures by Strategy
D. Show your agency’s sources of revenue. Include all local, state, and federal
appropriations, all professional and operating fees, and all other sources of revenue collected
by the agency, including taxes and fines.
Texas State Board of Plumbing Examiners
Exhibit 6: Sources of Revenue — Fiscal Year 2016 (Actual)
Source
Amount
Examination (Testing) Fees
$192,662
Licensing and Registration Fees
4,440,605
Texas.Gov
158,052
Administrative Penalties
239,994
Sale of Publications
28,050
Conference & Seminar Fees
11,600
Other Revenues
15,823
GENERAL REVENUE TOTAL
$5,086,786
Table 6 Exhibit 6 Sources of Revenue
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Sunset Advisory Commission 18 September 2017
E. If you receive funds from multiple federal programs, show the types of federal funding
sources.
Texas State Board of Plumbing Examiners
Exhibit 7: Federal Funds — Fiscal Year 2016 (Actual) N/A
Type of Fund
State / Federal
Match Ratio
State Share Federal Share Total Funding
Non Applicable
-0-
TOTAL
-0-
Table 7 Exhibit 7 Federal Funds
The TSBPE does not receive any Federal funding.
F. If applicable, provide detailed information on fees collected by your agency.
Texas State Board of Plumbing Examiners
Exhibit 8: Fee Revenue — Fiscal Year 2016
Fee Description/
Program/
Statutory Citation
Current Fee/
Statutory
Maximum
Number of Persons or
Entities Paying Fee
Fee Revenue
Where Fee Revenue is
Deposited
(e.g., General Revenue
Fund)
Examination (Testing
Revenue: Occupations
Code §1301.253
Master Plumber
$175.00 *
No Maximum
728
$116,480
General Revenue Fund
Journeyman Plumber
40.00 *
No Maximum
1,120
31,353
General Revenue Fund
Tradesman Plumber –
Limited License
36.00 *
No Maximum
814
19,524
General Revenue Fund
Plumbing Inspector
55.00 *
No Maximum
139
5,560
General Revenue Fund
Master Medical Gas Piping
Installation Endorsement
80.00 *
No Maximum
63
4,725
General Revenue Fund
Journeyman Medical Gas
Piping Installation
Endorsement
27.00 *
No Maximum
211
5,275
General Revenue Fund
Inspector Medical Gas
Piping Installation
Endorsement
40.00 *
No Maximum
31
1,085
General Revenue Fund
Master Water Supply
Protection Specialist
Endorsement
80.00 *
No Maximum
36
2,700
General Revenue Fund
Journeyman Water Supply
Protection Specialist
Endorsement
27.00 *
No Maximum
32
800
General Revenue Fund
Inspector Water Supply
Protection Specialist
Endorsement
40.00 *
No Maximum
71
2,485
General Revenue Fund
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September 2017 19 Sunset Advisory Commission
Fee Description/
Program/
Statutory Citation
Current Fee/
Statutory
Maximum
Number of Persons or
Entities Paying Fee
Fee Revenue
Where Fee Revenue is
Deposited
(e.g., General Revenue
Fund)
Master Multipurpose
Residential Fire Protection
Sprinkler Specialist
Endorsement
80.00 *
No Maximum
28
2,100
General Revenue Fund
Journeyman Multipurpose
Residential Fire Protection
Sprinkler Specialist
Endorsement
27.00 *
No Maximum
2
50
General Revenue Fund
Inspector Multipurpose
Residential Fire Protection
Sprinkler Specialist
Endorsement
40.00 *
No Maximum
15
525
General Revenue Fund
Licensing and Registration
Revenues (Initial and
Renewal): Occupations
Code §1301.253
Responsible Master
Plumber
420.00 **
No Maximum
7,022
2,867,288
General Revenue Fund
Master Plumber
75.00 **
No Maximum
3,752
272,368
General Revenue Fund
Journeyman Plumber
40.00 **
No Maximum
12,118
459,872
General Revenue Fund
Tradesman Plumber –
Limited License
35.00 **
No Maximum
2,316
76,147
General Revenue Fund
Plumbing Inspector
55.00 **
No Maximum
1,246
62,305
General Revenue Fund
Master Medical Gas
Installation Endorsement
55.00 **
No Maximum
378
18,888
General Revenue Fund
Journeyman Medical Gas
Installation Endorsement
14.00 **
No Maximum
827
9,924
General Revenue Fund
Inspector Medical Gas
Installation Endorsement
27.50 **
No Maximum
48
1,215
General Revenue Fund
Master Water Supply
Protection Specialist
Endorsement
55.00 **
No Maximum
103
5,150
General Revenue Fund
Journeyman Water Supply
Protection Specialist
Endorsement
14.00 **
No Maximum
57
684
General Revenue Fund
Inspector Water Supply
Protection Specialist
Endorsement
27.50 **
65
1,665
General Revenue Fund
Master Multipurpose
Residential Fire Protection
Sprinkler Specialist
Endorsement
55.00 **
No Maximum
72
3,600
General Revenue Fund
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Sunset Advisory Commission 20 September 2017
Fee Description/
Program/
Statutory Citation
Current Fee/
Statutory
Maximum
Number of Persons or
Entities Paying Fee
Fee Revenue
Where Fee Revenue is
Deposited
(e.g., General Revenue
Fund)
Journeyman Multipurpose
Residential Fire Protection
Sprinkler Specialist
Endorsement
14.00 **
No Maximum
25
300
General Revenue Fund
Inspector Multipurpose
Residential Fire Protection
Sprinkler Specialist
Endorsement
27.50 **
No Maximum
15
383
General Revenue Fund
Plumber’s Apprentice
Registration
15.00 **
No Maximum
28,107
374,949
General Revenue Fund
Drain Cleaner Registration
18.00 **
No Maximum
790
12,643
General Revenue Fund
Drain Cleaner – Restricted
Registration
18.00 **
No Maximum
1,011
16,174
General Revenue Fund
Residential Utilities
Installer Registration
18.00 **
No Maximum
900
14,401
General Revenue Fund
Late Renewal Fees
243,051
Varies/Late fees
are one half the
renewal fee for
less than 90 days
late, and equal to
the renewal fee
for more than 90
days late
Varies
243,051
General Revenue Fund
Returned Item Fees
25.00
24
600
General Revenue Fund
Administrative Penalties
Occupations Code
§1301.702
Varies by Case
No Maximum
Varies
239,994
General Revenue Fund
Texas.Gov Fees (GAA, 78
th
Leg., Article VII, § 4(a)
Varies
No Maximum
Varies ($2.00 to $5.00)
158,052
General Revenue Fund
Sale of Publications (GAA,
Article IX, § 12.02 (b)
Reasonable Cost
No Maximum
Varies
28,050
General Revenue Fund
Conferences and Seminars
(GAA, Article IX, § 8.07
100.00
No Maximum
116
11,600
General Revenue Fund
Miscellaneous Revenues
Occupations Code
§1301.253
Reasonable Cost
No Maximum
Varies
15,224
General Revenue Fund
Table 8 Exhibit 8 Fee Revenue
* Includes Texas.Gov fee and fees for Law & Rule booklets and Review Course booklets
** Includes Texas.Gov fee
Self-Evaluation Report
September 2017 21 Sunset Advisory Commission
VI. Organization
A. Provide an organizational chart that includes major programs and divisions, and shows
the number of FTEs in each program or division. Detail should include, if possible,
Department Heads with subordinates, and actual FTEs with budgeted FTEs in parenthesis.
B. If applicable, fill in the chart below listing field or regional offices. See Exhibit 9 Example.
Texas State Board of Plumbing Examiners
Exhibit 9: FTEs by Location — Fiscal Year 2016
Headquarters, Region, or Field
Office
Location
Co-Location?
Yes / No
Number of
Budgeted FTEs
FY 2016
Number of
Actual FTEs
as of August 31,
2016
Headquarters and Examination
Center
Austin
No
21
19
Chief Field Representative (uses
personal residence as field office)
Statewide
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Dallas/Northeast
Texas
Yes
1
1
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Sunset Advisory Commission 22 September 2017
Headquarters, Region, or Field
Office
Location
Co-Location?
Yes / No
Number of
Budgeted FTEs
FY 2016
Number of
Actual FTEs
as of August 31,
2016
Investigator/Field Representative
(uses personal residence as field
office)
Dallas/Fort Worth
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Fort Worth/
Northwest Texas
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Austin/Central
Texas
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
San Antonio
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Houston/East Texas
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Central Houston
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Houston/Southeast
Texas
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Harlingen/South
Texas
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
Lubbock/Texas
Panhandle
Yes
1
1
Investigator/Field Representative
(uses personal residence as field
office)
El Paso/ West Texas
Yes
1
0
TOTAL: 33
TOTAL: 30
Table 9 Exhibit 9 FTEs by Location
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September 2017 23 Sunset Advisory Commission
TEXAS STATE BOARD of PLUMBING EXAMINERS
Field Representative/Investigators Legend
Dallas/Statewide- Chief Investigator El Paso/West
Dallas/NE Houston/Northeast
Fort Worth/North Central Houston/Southwest
Austin/Central Harlingen/South
San Antonio/South Lubbock/Panhandle
Enforcement Department: 512-936-5249
Updated January 1, 2017
Self-Evaluation Report
Sunset Advisory Commission 24 September 2017
C. What are your agency’s FTE caps for fiscal years 2016–2019?
Fiscal Years 2016 and 2017: 33.0
Fiscal Years 2018 and 2019: 31.0
D. How many temporary or contract employees did your agency have as of August 31, 2016?
Please provide a short summary of the purpose of each position, the amount of
expenditures per contract employee, and the procurement method of each position.
The TSBPE had three temporary employees on August 31, 2016:
1) Examination Customer Service Assistant
Assisted with processing examination applications, verified eligibility, supporting documentation,
identified application deficiencies and sent deficiency letters. Provided telephone, written, and
electronic contact with examination applicants and licensees and prepared routine and special
correspondence and mailings to examination applicants. Expenditure amount: $21,749.
2) Compliance Department Customer Service Assistant
Processed compliance documents related to required updates of Certificate of Insurance for
Responsible Master Plumbers. Assisted in enforcement and compliance departments. Served as
backup for the agency’s front desk receptionist. Performed a large volume of data entry of
licensee compliance documents. Responsible for receiving, tracking and organizing certificates of
insurance, training and other compliance documents related to plumbing businesses.
Expenditure amount: $44,968.
3) Apprentice Applications Assistant/Receptionist
Assisted with processing Plumber’s Apprentice applications, verified eligibility, supporting
documentation, and identified application deficiencies. Provided some telephone and electronic
contact with applicants. Served as backup for the agency’s front desk receptionist. Expenditure
amount: $4,480.
E. List each of your agency’s key programs or functions, along with expenditures and FTEs
by program. See Exhibit 10 Example.
Texas State Board of Plumbing Examiners
Exhibit 10: List of Program FTEs and Expenditures — Fiscal Year 2016
Program
Number of Budgeted
FTEs FY 2016
Number of Actual
FTEs as of
August 31, 2016
Actual Expenditures
Examination & Licensing
9.3
9.0
$337,081
Inspection & Enforcement
20.3
17.5
$818,376
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September 2017 25 Sunset Advisory Commission
Program
Number of Budgeted
FTEs FY 2016
Number of Actual
FTEs as of
August 31, 2016
Actual Expenditures
Indirect Administration
3.4
3.5
$207,154
TOTAL
33
30
$1,362,611
Table 10 Exhibit 10 List of Program FTEs and Expenditures
VII. Guide to Agency Programs
Complete this section for each agency program (or each agency function, activity, or service if
more appropriate). Copy and paste the questions as many times as needed to discuss each
program, activity, or function. Contact Sunset staff with any questions about applying this section
to your agency.
A. EXAMINATION
Name of Program or Function: Examination
Location/Division: Headquarters – Austin, Texas
Contact Name: Lisa G. Hill
Actual Expenditures, FY 2016: $912,223 (Licensing & Examination expenditures are
combined as one strategy)
Number of Actual FTEs as of August 31, 2017: 3.1
Statutory Citation for Program: Tex. Occ. Code § 1301.202. Plumbing Examiner; §
1301.352. Examination Required; §1301.3522. Examination Review Course; § 1301.355.
Examination Results; § 1301.356. Endorsement: Medical Gas Piping Installation;
§ 1301.3565. Endorsement: Multipurpose Residential Fire Protection Sprinkler Specialist; §
1301.357. Endorsement: Water Supply Protection Specialist; § 1301.3575. Registration of
Certain Persons; and § 1301.3585. License Eligibility Requirements for Applicants with
Military Experience
B. What is the objective of this program or function? Describe the major activities
performed under this program.
The TSBPE's examination function is designed to establish uniform qualifications for each
plumbing license and endorsement, and to protect Texas citizens by ensuring that individuals
installing, repairing, servicing, and inspecting plumbing systems have met or exceeded a
minimum standard of competency.
The Examination Department is responsible for all functions related to the administration of
examinations for licenses (Tradesman Plumber-Limited, Journeyman, Master, and Plumbing
Self-Evaluation Report
Sunset Advisory Commission 26 September 2017
Inspector) and endorsements (Medical Gas Piping Installation, Water Supply Protection
Specialist, and Multipurpose Residential Fire Protection Sprinkler Specialist). Examinations are
given Monday through Friday at the Board's headquarters located in Austin, Texas. The written
portion of the Tradesman Plumber-Limited and Journeyman examinations are also given in El
Paso and Harlingen, as needed, and are administered by the Investigator/Field Representatives
assigned to these areas.
Every examination includes a written component, and the examinations for the Tradesman
Plumber-Limited, Journeyman Plumber, and Medical Gas Piping Installation Endorsement include
one or more practical "shop (hands on)" components. There are also three open-book training
exams that applicants for a Drain Cleaner-Restricted, Drain Cleaner, or Residential Utilities
Installer Registration must complete. The Examination Department is primarily responsible for
developing the format and content for each exam, updating questions to reflect changes in the
Plumbing Codes, and preparing the material for examination review courses.
C. What evidence can you provide that shows the effectiveness and efficiency of this
program or function? Provide a summary of key statistics and outcome performance
measures that best convey the effectiveness and efficiency of this function or program.
Also please provide a short description of the methodology behind each statistic or
performance measure.
Fiscal Year
Total Number of Exams Administered
Overall Passage Rate
2017
Not yet available
Not yet available
2016
2,600
72.3%
2015
2,296
74.7%
2014
2,380
77.1%
A breakdown of examinations by type of license or endorsement is attached.
D. Describe any important history regarding this program not included in the general agency
history section, including how the services or functions have changed from the original
intent.
The original intent underlying the TSBPE's examination function has not changed significantly
since its inception. Over the years, the content of each examination has evolved as industry
practices are modernized, and the workload of the Examination Department has grown as new
licenses, endorsements, and registrations are established by the Legislature.
1947: Examination required for Master Plumber, Journeyman Plumber, Journeyman Plumber,
and Plumbing Inspector Licenses
1993: Examination required for Medical Gas Piping Installation and Water Supply Protection
Specialist Endorsements (HB 740 and SB 813)
2001: Examination required for Tradesman Plumber-Limited License; Drain Cleaner-Restricted,
Drain Cleaner, and Residential Utilities Installer Registrations are created (HB 1505)
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September 2017 27 Sunset Advisory Commission
2009: Examination required for Multipurpose Residential Fire Protection Sprinkler Specialist
Endorsement (SB 1410); added Board-approved 24-hour and 48-hour training programs as
prerequisites for the Tradesman Plumber-Limited and Journeyman Plumber examinations (HB
1758)
E. Describe who or what this program or function affects. List any qualifications or eligibility
requirements for persons or entities affected. Provide a statistical breakdown of persons
or entities affected.
The examination function affects any person seeking to obtain a plumbing license, endorsement,
or registration other than a Plumber's Apprentice Registration. All applicants must be a citizen
or national of the United States or an alien or non-immigrant eligible for licensure by the State of
Texas, meet all of the requirements established by the Board, and remit the applicable
examination fee. Requirements established by the Board include graduation from high
school/GED, hours of work experience in the plumbing trade, completion of training programs,
etc. The qualifications specific to each individual license, endorsement, or registration are set
forth in 22 Tex. Admin Code §§ 363.4 – 363.14.
This function also serves the citizens of Texas who need protection against the hazards resulting
from incorrectly installed plumbing systems, such as the transmission of diseases, explosions or
fires, or sickness caused by the contamination of medical gas used in hospitals or improperly
ventilated noxious fumes.
F. Describe how your program or function is administered, including a description of the
processes involved in the program or function. Include flowcharts, timelines, or other
illustrations as necessary to describe agency policies and procedures. Indicate how
field/regional services are used, if applicable.
The Examination Department consists of a Director of Examination who supervises three
Examiners and an Administrative Assistant. The Director of Examination reports directly to the
Executive Director.
The Examiners are responsible for scheduling exams, administering, and grading examinations
and generating and sending out correspondence notifying examinees of their exam results. They
also order and prepare all of the materials needed for exams with shop components and maintain
the Examination Center.
The Administrative Assistant reviews and processes all of the exam applications received
(including applications for the Drain Cleaner-Restricted, Drain Cleaner, and Residential Utilities
Installer Registrations), generates correspondence regarding deficiencies in applications,
responds to inquiries regarding the status of pending applications, and maintains the individual
file for each applicant. The Director of Examination and Executive Director work together to
review applications submitted by individuals who hold a plumbing license issued by another
state.
Examination applications are not processed until they are complete, and an incomplete
application expires one year after the date it is first received. Applicants are responsible for
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Sunset Advisory Commission 28 September 2017
providing all of the requested supporting documentation other than certificates of completion
for required training programs, which are submitted electronically by the continuing professional
education provider. It is not uncommon for an application to remain incomplete for a few months
or more. In May 2017, the TSBPE revised its examination applications in an effort to help
applicants better understand what they must submit with their application.
Procedure for Processing Examination Applications:
• The application is received, batched by examination type, and entered into the Daily Receipts
Log
• The application is sent to the Accounting Department, which prepares the examination fee
for deposit
• The application is sent to the Examination Department
• The application is reviewed in the order it was received and entered into VERSA
o If the application is incomplete, a deficiency letter is sent
o If the application is complete, but the applicant has a felony conviction, the application is
sent to the Enforcement Committee for review
o If the application is complete, an examination is scheduled and a letter notifying the
applicant of his or her exam date is sent
• The examination is administered to the applicant
• The examination is graded
• If the applicant passes, the applicant is sent a letter with instructions on how to apply for an
initial license
• If the applicant fails, the applicant is sent a letter stating the earliest date he or she is eligible
to re-test and an application for re-examination.
G. Identify all funding sources and amounts for the program or function, including federal
grants and pass-through monies. Describe any funding formulas or funding conventions.
For state funding sources, please specify (e.g., general revenue, appropriations rider,
budget strategy, fees/dues).
General Revenue, which is supported by examination fees, is the sole source of funding for the
agency's examination function. Examination fees are non-refundable. Pursuant to the authority
granted in Tex. Occ. Code § 1301.253 the Board has adopted 22 Tex. Admin. Code § 361.6, which
establishes the following examination fees:
Master Plumber License: $175
Journeyman Plumber License: $40
Tradesman Plumber-Limited License: $36
Plumbing Inspector License: $55
Medical Gas Piping Installation Endorsement/Master: $80
Medical Gas Piping Installation Endorsement/Journeyman: $27
Medical Gas Piping Installation Endorsement/Inspector: $40
Water Supply Protection Specialist Endorsement/Master: $80
Water Supply Protection Specialist Endorsement/Journeyman: $27
Water Supply Protection Specialist Endorsement/Inspector: $40
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September 2017 29 Sunset Advisory Commission
Multipurpose Residential Fire Sprinkler Protection Specialist/Master: $80
Multipurpose Residential Fire Sprinkler Protection Specialist/Journeyman: $27
Multipurpose Residential Fire Sprinkler Protection Specialist/Inspector: $40
H. Identify any programs, internal or external to your agency, that provide identical or
similar services or functions to the target population. Describe the similarities and
differences.
No other agencies or programs in Texas have the authority to develop or administer examinations
for plumbing licenses. However, a few licenses and certifications issued by other agencies are
related to the plumbing industry. For example, the Texas Commission on Environmental Quality
licenses backflow prevention assembly testers and on-site sewage facility (septic tank) installers.
I. Discuss how the program or function is coordinating its activities to avoid duplication or
conflict with the other programs listed in Question H and with the agency’s customers. If
applicable, briefly discuss any memorandums of understanding (MOUs), interagency
agreements, or interagency contracts.
Non Applicable
J. If the program or function works with local, regional, or federal units of government,
include a brief description of these entities and their relationship to the agency.
Non Applicable
K. If contracted expenditures are made through this program please provide:
• a short summary of the general purpose of those contracts overall;
• the amount of those expenditures in fiscal year 2016;
• the number of contracts accounting for those expenditures;
• the method used to procure contracts
• top five contracts by dollar amount, including contractor and purpose;
• the methods used to ensure accountability for funding and performance; and
• a short description of any current contracting problems.
Non Applicable, these program duties are all handled in-house.
L. Provide information on any grants awarded by the program.
Non Applicable
M. Are there any barriers or challenges that impede the program’s performance, including
any outdated or ineffective state laws? Explain.
Tex. Occ. Code § 1301.575: The Drain Cleaner-Restricted, Drain Cleaner, and Residential Utilities
Installer Registrations should be re-categorized as endorsements to accurately reflect how they
function. An endorsement is added to a Master, Journeyman, or Plumbing Inspector license the
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Sunset Advisory Commission 30 September 2017
same way these registrations are added to a Plumber's Apprentice Registration (or Tradesman-
Plumber Limited License in the case of the Drain Cleaner Registration). VERSA also codes these
registrations as endorsements.
Examiner Salaries: Pursuant to Tex. Occ. Code § 1301.202 all Examiners must hold a plumbing
license. Due to funding limitations, the TSBPE cannot offer salaries for Examiners that are
competitive within the plumbing industry, which inhibits the agency's ability to attract and retain
qualified candidates for Examiner positions. There is a direct correlation between the number of
examinations that can be administered each day and the number of Examiners employed by the
TSBPE. The high demand for examinations coupled with the vacancies in the Examination
Department have created a situation where the first available exam date is approximately four
months from the date an application is processed. In other words, applicants processed at the
beginning of June 2017 were scheduled for exams at the beginning of October 2017.
N. Provide any additional information needed to gain a preliminary understanding of the
program or function.
The TSBPE is subject to Tex. Occ. Code Ch. 53. Accordingly, an applicant for an examination with
felony convictions is required to complete a Supplemental Criminal History Information Form
(SCHIF) and provide all supporting documentation. Once both the application and the SCHIF are
complete, they are reviewed at the next monthly meeting of the Enforcement Committee (EC).
If the EC approves the application, it goes back to the Examination Department to be scheduled
for an examination. If the EC denies the application, the applicant has the right to request a
hearing in front of an administrative law judge at the State Office of Administrative Hearings. The
Attorney General's Office represents the TSBPE at all hearings on application denials. An
applicant who is denied must wait one year before re-applying.
The TSBPE requires the submission of a SCHIF every time an individual applies to take an
examination. If the applicant has no new criminal convictions since the submission of his or her
last examination application, then the applicant can fill out the SCHIF and write "no new
convictions since last application." An applicant with no new convictions is not required to submit
any supporting documentation.
The agency is also subject to Tex. Occ. Code Ch. 55. Benefits offered to military service members,
military veterans, and military spouses, including the waiver of examination fees, are listed on
the TSBPE's website at http://www.tsbpe.state.tx.us/military.html. The agency's Military Liaison
works with applicants on a case-by-case basis to ensure that they receive credit toward
examination requirements for verifiable plumbing-related experience obtained while serving in
the military.
O. Regulatory programs relate to the licensing, registration, certification, or permitting of a
person, business, or other entity. For each regulatory program, if applicable, describe:
• why the regulation is needed;
• the scope of, and procedures for, inspections or audits of regulated entities;
• follow-up activities conducted when non-compliance is identified;
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September 2017 31 Sunset Advisory Commission
• sanctions available to the agency to ensure compliance; and
• procedures for handling consumer/public complaints against regulated entities.
Non Applicable - The TSBPE's regulatory function is performed solely by the Enforcement
Department.
P. For each regulatory program, if applicable, provide the following complaint information.
The chart headings may be changed if needed to better reflect your agency’s practices.
Please include a brief description of the methodology supporting each measure.
Non Applicable
A. LICENSING
Name of Program or Function: Licensing
Location/Division: Headquarters – Austin, Texas
Contact Name: Gloria Guerrero and Dawn Saravia
Actual Expenditures, FY 2016: $912,223 (Licensing & Examination expenditures are
combined as one strategy)
Number of Actual FTEs as of August 31, 2017: 4.3
Statutory Citation for Program: Tex. Occ. Code § 1301.354. Plumber's Apprentice;
1301.3541. Apprentice Registration Requirements; § 1301.401. Annual Renewal Required;
§ 1301.402. Notice of License, Endorsement, or Registration Expiration; § 1301.403.
Procedure for Renewal; § 1301.404. Mandatory Continuing Professional Education; and §
1301.405. Mandatory Training for Drain Cleaner, Drain Cleaner-Restricted Registrant, and
Residential Utilities Installer
B. What is the objective of this program or function? Describe the major activities
performed under this program.
The Licensing Department is responsible for all aspects of the licensing process including: opening
and sorting initial applications and renewals received by mail; processing applications for initial
licenses, endorsements, and Plumber's Apprentice Registrations; processing renewals; entering
all fees received for initial licenses, registrations, endorsements, and renewals into VERSA;
printing and mailing out pocket cards and wall certificates; responding to phone calls and emails;
reviewing daily reports regarding online transactions and applications received via mail for
errors; providing technical support for VERSA Online user accounts; setting up VERSA each year
so it can receive submissions of certificates of completion from Board-approved providers of
continuing professional education (CPE); and testing the functionality of enhancements made to
VERSA Online.
The renewal of a Responsible Master Plumber (RMP) license that offers plumbing services is also
dependent upon confirmation of the required insurance. The Licensing Department has the
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Sunset Advisory Commission 32 September 2017
responsibility to collect maintain and enter the Certificates of Insurance that are required to be
submitted by the RMP in order for the plumbing company to obtain permits prior to performing
work. Proof of insurance for the plumbing company is made available on our website in live time.
C. What evidence can you provide that shows the effectiveness and efficiency of this
program or function? Provide a summary of key statistics and outcome performance
measures that best convey the effectiveness and efficiency of this function or program.
Also please provide a short description of the methodology behind each statistic or
performance measure.
The number of individual licensees and registrants served by the TSBPE appears in Table A below.
Because one person can hold multiple licenses or endorsements, the Licensing Department may
process two to three initial licenses or endorsements for the same person each year and must
then process multiple renewals for that same person in the following year. The total number of
all licenses, registrations and endorsements more accurately reflects staff’s workload which
shows the effectiveness and efficiency of this program as seen in Table B.
TABLE A
Types of Licensees and Registrants Number of Individual Licensees/Registrants
Master Plumber with Journeyman 6,729
Master Plumber (only) 4,468
Journeyman Plumber (only) 12,755
Tradesman Plumber-Limited 2512
Plumbing Inspector with Master and Journeyman 496
Plumbing Inspector with Master 121
Plumbing Inspector with Journeyman 175
Plumbing Inspector (only) 594
Plumber's Apprentice 42,358
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D. Describe any important history regarding this program not included in the general agency
history section, including how the services or functions have changed from the original intent.
The original intent underlying the creation of the Licensing Department has not changed over the
years. However, the scope of the department's responsibilities has expanded as more license
types, endorsements, and registrations have been created by the Legislature.
1993: Established a six-hour continuing professional education requirement for the renewal of a
license (SB 137); created the Medical Gas Piping Installation and Water Supply Protection
Specialist Endorsements (HB 740 and SB 813).
2001: Created the Tradesman Plumber-Limited License and Drain Cleaner-Restricted, Drain
Cleaner, and Residential Utilities Installer Registrations, made registration as a Plumber's
Apprentice mandatory, required a Master Plumber to submit a certificate of insurance to the
agency (HB 1505).
2009: Established a six-hour continuing professional education requirement for the renewal of a
Drain Cleaner-Restricted, Drain Cleaner, or Residential Utilities Installer Registration (SB 1354);
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Sunset Advisory Commission 34 September 2017
created the Responsible Master Plumber designation and Multipurpose Residential Fire
Protection Sprinkler Specialist Endorsement (SB 1410).
Established the requirement for political subdivisions to verify that a plumbing contractor has a
certificate of insurance on file with the Board prior to issuing the plumbing contractor a permit
to perform plumbing work. The TSBPE became responsible for maintaining the certificates of
insurance and providing the political subdivision with the ability to view the certificate on its
website (SB 1354).
2011: Added a Board-approved 24-hour training program as a prerequisite for obtaining a
Responsible Master Plumber designation (HB 2376).
E. Describe who or what this program or function affects. List any qualifications or eligibility
requirements for persons or entities affected. Provide a statistical breakdown of persons
or entities affected.
The licensing function affects any person applying for an initial license, registration, or
endorsement and any person wishing to renew or reinstate a license, registration, or
endorsement. Applicants for an initial license or endorsement must have passed the applicable
examination and remitted the initial licensure fee. Applicants for an initial Plumber's Apprentice
Registration must be at least 16 years of age and submit a completed application and initial
registration fee.
F. Describe how your program or function is administered, including a description of the
processes involved in the program or function. Include flowcharts, timelines, or other
illustrations as necessary to describe agency policies and procedures. Indicate how
field/regional services are used, if applicable.
The Licensing Department consists of a Licensing Coordinator (Supervisor) who supervises two
Licensing Technicians. The Licensing Coordinator reports directly to the Executive Director. One
of the Licensing Technicians has been designated the "online support specialist" and provides
technical assistance for user accounts for VERSA Online. This person also serves as the key point
of contact for all trouble tickets submitted to HPC and works closely with them to test any
enhancements made to VERSA Online before they go live.
All licenses and registrations renew annually; all endorsements renew every three years. To help
manage the workload, expiration dates are staggered with two exceptions: (1) all Plumbing
Inspector licenses expire in January, and (2) licensees who hold both a Journeyman and Master
Plumber License are given the same expiration date for both licenses. No licensee or registrant is
ever assigned an expiration date in December. Criminal background checks are performed on
random samples of each license and registration renewal applications.
Anyone who holds a license or a Drain Cleaner - Restricted, Drain Cleaner, or Residential Utilities
Installer Registration is required to complete six hours of CPE to be eligible to renew. A licensee
with a Medical Gas Piping Installation Endorsement is required to complete a minimum of two
hours of CPE before renewing. The process a CPE provider uses to submit proof that a licensee
or registrant has fulfilled the continuing education requirement is wholly electronic. All providers
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September 2017 35 Sunset Advisory Commission
approved by the Board are given the software needed to transmit information about course
completion directly to VERSA where it is automatically added to the licensee or registrant's
renewal application. Because CPE providers are approved annually, the Licensing Department
must enter all CPE providers into VERSA before the beginning of each CPE course year to ensure
successful transmission of proof of completion.
In addition to completing the required CPE, a Responsible Master Plumber must have a current
Certificate of Insurance (COI) on file with the TSBPE to be eligible to renew. Currently, COIs are
submitted to the agency via email and entered by staff. However, the TSBPE recently launched
an enhancement to VERSA Online that allows a RMP to enter and upload a COI through his or her
online account.
Once a license or registration has been expired for more than two years, its status changes from
"expired" to "reinstate." The process for reinstating a license is identical to the process for
obtaining an initial license. For example, a person whose Master Plumber License is in reinstate
must register as a Plumber's Apprentice, apply for and pass the Journeyman Plumber
Examination, and then apply for and pass the Master Plumber Examination. Reinstating a
Plumber's Apprentice Registration requires submitting a new application and fee. A criminal
background check is run on anyone applying to reinstate a license or registration.
Procedure for Processing Applications for an Initial License, Registration, or Endorsement:
• The applicant fills out the detachable form included at the bottom of the Congratulations
letter or an application for a registration
• The applicant mails* in the form/application and applicable fee
• Applications are batched by license, registration, or endorsement type, entered into the Daily
Receipts Log, and sent to the Accounting Department
• The Accounting Department prepares the initial licensure/registration fees for deposit
• The application is sent to the Licensing Department where it is entered into VERSA
o If an applicant for a registration has been convicted of a felony, the application is sent to
the Enforcement Committee (EC) for review
• A wall certificate and pocket card are printed and mailed to the applicant.
*Anyone with a VERSA Online user account may apply for an initial license, endorsement, or
registration online and pay the applicable fee using a credit or debit card.
Procedure for Processing Renewals:
• A renewal form is mailed to the mailing address on file with the Board approximately 90 days
prior to expiration
• The licensee or registrant fills out the form and mails* it back to TSBPE along with the
applicable renewal fee
• Renewals are batched by license, endorsement, and registration type, entered into the Daily
Receipts Log, and sent to the Accounting Department
• The Accounting Department prepares the renewal fee for deposit
• The renewal is sent to the Licensing Department where it is entered into VERSA
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o If the licensee or registrant has received a felony conviction since his or her last renewal,
the application is sent to the EC for review
• A pocket card is printed and mailed to the applicant.
*The TSBPE has a dedicated post office box at the State Treasury for renewals sent by mail.
Anyone with a VERSA Online user account may renew online and pay the applicable fee using a
credit or debit card.
G. Identify all funding sources and amounts for the program or function, including federal
grants and pass-through monies. Describe any funding formulas or funding conventions.
For state funding sources, please specify (e.g., general revenue, appropriations rider,
budget strategy, fees/dues).
General Revenue, which is supported by licensing and renewal fees, is the sole source of funding
for the agency's licensing function. TSBPE has always collected significantly more revenues than
it has been appropriated. Pursuant to the authority granted in Tex. Occ. Code § 1301.253 the
Board has adopted 22 Tex. Admin. Code § 361.6, which establishes the following initial licensure
fees:
Responsible Master Plumber License: $420
Master Plumber License: $75
Journeyman Plumber License: $40
Tradesman Plumber-Limited License: $35
Plumbing Inspector License: $55
Medical Gas Piping Installation Endorsement/Master: $55
Medical Gas Piping Installation Endorsement/Journeyman: $14
Medical Gas Piping Installation Endorsement/Inspector: $27.50
Water Supply Protection Specialist Endorsement/Master: $55
Water Supply Protection Specialist Endorsement/Journeyman: $14
Water Supply Protection Specialist Endorsement/Inspector: $27.50
Multipurpose Residential Fire Sprinkler Protection Specialist/Master: $55
Multipurpose Residential Fire Sprinkler Protection Specialist/Journeyman: $14
Multipurpose Residential Fire Sprinkler Protection Specialist/Inspector: $27.50
Plumber's Apprentice Registration: $15
Drain Cleaner-Restricted Registration: $18*
Drain Cleaner Registration: $18*
Residential Utilities Installer Registration: $18*
Renewal fees are equal to the fee for an initial license, registration or endorsement. The fee for
a late renewal received less than 90 days after expiration is one half of the regular renewal fee.
The fee for a late renewal received more than 90 days after expiration is equal to the regular
renewal fee.
*Although these registrations require completion of a written training exam, there is no separate
examination fee.
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September 2017 37 Sunset Advisory Commission
H. Identify any programs, internal or external to your agency, that provide identical or
similar services or functions to the target population. Describe the similarities and
differences.
No other agencies or programs in Texas have the authority to issue, renew, or reinstate plumbing
licenses, registrations, or endorsements.
I. Discuss how the program or function is coordinating its activities to avoid duplication or
conflict with the other programs listed in Question H and with the agency’s customers. If
applicable, briefly discuss any memorandums of understanding (MOUs), interagency
agreements, or interagency contracts.
Non Applicable
J. If the program or function works with local, regional, or federal units of government,
include a brief description of these entities and their relationship to the agency.
The Licensing Department works with political subdivisions in a limited capacity because a
licensed Plumbing Inspector must be affiliated with a political subdivision before he or she may
work as a Plumbing Inspector. An affiliation is established if the inspector is employed by, or
under contract with, a political subdivision to perform plumbing inspections. Proof of affiliation
must be submitted using the agency's Plumbing Inspector Employer Certification Form or in the
form of a letter signed by an authorized representative of a political subdivision. The TSBPE will
not issue a pocket card to an inspector until proof of affiliation is received.
An unaffiliated Plumbing Inspector is still able to renew his or her license so long as he or she
completes the required CPE. Pocket cards are not issued to unaffiliated inspectors.
K. If contracted expenditures are made through this program please provide:
• a short summary of the general purpose of those contracts overall;
• the amount of those expenditures in fiscal year 2016;
• the number of contracts accounting for those expenditures;
• the method used to procure contracts;
• top five contracts by dollar amount, including contractor and purpose;
• the methods used to ensure accountability for funding and performance; and
• a short description of any current contracting problems.
Non Applicable, these program duties are all handled in-house.
L. Provide information on any grants awarded by the program.
Non Applicable
M. Are there any barriers or challenges that impede the program’s performance, including
any outdated or ineffective state laws? Explain.
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The limitations of VERSA discussed in Part H of Section II most directly impact the Licensing
Department and impede its ability to provide the most efficient customer service possible. Most
notable is the fact that VERSA online often crashes during the last three to five days of the month,
which is the period when most licensees and registrants are attempting to renew online. In
addition, the constant need to modify the program has made it difficult to develop detailed
process documents explaining how to execute specific functions.
N. Provide any additional information needed to gain a preliminary understanding of the
program or function.
CPE is an integral part of the renewal process, and the Board annually approves all course
materials that serve as the basis for the six-hour course. There are currently three entities that
publish course materials. The Board also approves all applications for CPE providers and
instructors. Once an instructor or provider is approved to provide or instruct the six-hour CPE,
they are also approved to provide or instruct any of the training programs required for a specific
examination. Instructors are required to receive training in the course materials and agency staff
conducts an annual training for providers and instructors as well. The TSBPE investigates
complaints against providers and instructors in the same way it investigates complaints against
licensees and registrants and may revoke, suspend, or refuse to renew approval as a provider or
instructor. The rules adopted by the Board that are applicable to CPE are found in 22 Tex. Admin
Code §§ 365.14-365.21.
The TSBPE is subject to Tex. Occ. Code Ch. 53. Accordingly, the renewal form asks if the licensee
or registrant has any new criminal convictions since his or her last renewal. An individual with a
new felony conviction is required to complete a SCHIF and provide all supporting documentation.
Once the SCHIF is complete, it is reviewed at the next monthly meeting of the EC. If the EC
approves the renewal, the licensee or registrant is issued a new pocket card. If the EC denies the
renewal, the licensee or registrant has the right to request a hearing in front of an administrative
law judge at the State Office of Administrative Hearings. The Attorney General's Office represents
the TSBPE at all hearings on renewal denials. A licensee or registrant whose renewal is denied
must wait one year before attempting to renew again.
The same process is used to review applications for Plumber's Apprentice Registrations. Similar
to the exam applications, the Apprentice application asks if the applicant has ever been convicted
of a felony.
O. Regulatory programs relate to the licensing, registration, certification, or permitting of a
person, business, or other entity. For each regulatory program, if applicable, describe:
• why the regulation is needed;
• the scope of, and procedures for, inspections or audits of regulated entities;
• follow-up activities conducted when non-compliance is identified;
• sanctions available to the agency to ensure compliance; and
• procedures for handling consumer/public complaints against regulated entities.
Non Applicable - The agency's regulatory function is performed solely in-house.
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P. For each regulatory program, if applicable, provide the following complaint information.
The chart headings may be changed if needed to better reflect your agency’s practices.
Please include a brief description of the methodology supporting each measure.
Non Applicable
A. ENFORCEMENT
Name of Program or Function: Enforcement
Location/Division: Headquarters – Austin
Contact Name: Stephen Davis
Actual Expenditures, FY 2016: $1,208,985
Number of Actual FTEs as of August 31, 2017: 16
Statutory Citation for Program: Tex. Occ. Code Ch. 1031, Subchapter F. Consumer Interest
Information and Complaint Procedures; § 1301.3576. Certificate of Insurance and Training
for Responsible Master Plumber; Subchapter I. Disciplinary Procedures; Subchapter J. Other
Penalties and Enforcement Provisions; § 1301.552. Certificate of Insurance for Plumbing
Permit in Political Subdivision; and Subchapter N. Administrative Penalty
B. What is the objective of this program or function? Describe the major activities
performed under this program.
The Enforcement Department is responsible for all aspects of the complaint process, including:
maintaining complaint files; entering complaints into VERSA; preparing and sending
correspondence to complainants and respondents; answering phone calls and emails from
complainants and respondents; investigating complaints and writing reports; issuing
administrative penalties; prosecuting cases for administrative penalties at the State Office of
Administrative Hearings (SOAH), and presenting cases for final disposition to the Board. The Field
Representatives also perform random jobsite compliance checks.
The Enforcement Department is also responsible for providing administrative support to the
Enforcement Committee, which is the body responsible for reviewing: (1) applications for
registration or examination submitted by individuals with criminal convictions; and (2) complaint
investigations to determine whether a violation of the Plumbing License Law or Board Rules
occurred.
C. What evidence can you provide that shows the effectiveness and efficiency of this
program or function? Provide a summary of key statistics and outcome performance
measures that best convey the effectiveness and efficiency of this function or program.
Also please provide a short description of the methodology behind each statistic or
performance measure.
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The number of compliance checks performed, number of investigations conducted, number of
complaints resolved, percentage of complaints resolved resulting in disciplinary action and the
percent of licensees and registrants with no recent violations best conveys the effective and
efficiency of this function.
D. Describe any important history regarding this program not included in the general
agency history section, including how the services or functions have changed from the original
intent.
The Enforcement functions are an essential part of the agency’s operations and continue to be
necessary. Enforcement of the Plumbing License Law not only protects the citizens, but also
essentially drives the renewal of licenses and registrations, thereby providing more qualified
individuals that are proven through examination into the profession.
E. Describe who or what this program or function affects. List any qualifications or eligibility
requirements for persons or entities affected. Provide a statistical breakdown of persons
or entities affected.
The TSBPE's enforcement function affects all licensees, registrants, and plumbing companies,
anyone advertising or contracting for plumbing without securing the services of a Responsible
Master Plumber (RMP), and anyone performing plumbing work or plumbing inspections without
a license or registration. Consumers of plumbing services and the general public also benefit
from enforcement efforts.
A statistical breakdown of the number of licensees and registrants can be found in the Table B
included in Part C of the discussion of the TSBPE's licensing function (page 31). Because the TSBPE
does not license plumbing companies, the best measure of the number of companies operating
in the state is the number of RMPs, which is found in Table B included in Part C of the discussion
of the licensing function. The number of consumers directly affected is best represented by the
performance measures on complaints included in Exhibit 11 of this section.
F. Describe how your program or function is administered, including a description of the
processes involved in the program or function. Include flowcharts, timelines, or other
illustrations as necessary to describe agency policies and procedures. Indicate how
field/regional services are used, if applicable.
The Enforcement Department consists of a Director of Enforcement who supervises three
administrative assistants, one attorney, and ten Investigator/Field Representatives. One of the
Investigator/Field Representatives serves as the Chief Field Representative and supervises all of
the other Investigators.
Two of the administrative assistants are responsible for maintaining both the hard copy and
electronic file for each complaint, entering complaint information in VERSA, and managing all
correspondence sent to and received from complainants and respondents. They also facilitate
communication between the Investigators and the complainants and respondents. Their duties
are divided such that one of them is responsible for the complaint from the time it is filed until
the time the Investigator completes his investigation report and the other is responsible for the
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September 2017 41 Sunset Advisory Commission
complaint from the time the Investigator turns in his investigation report to the time the
complaint is reviewed by the Enforcement Committee (EC) and closed.
The third administrative assistant supports the EC. This position is responsible for maintaining
the hard copy and electronic case files for complaints that result in the imposition of an
administrative penalty, entering and updating case information in VERSA, and generating Notices
of Alleged Violation and other correspondence regarding penalties and payments. This position
also responds to all inquiries from applicants with criminal convictions, reviews Supplemental
Criminal History Forms and supporting documents, sends deficiency letters, prepares completed
applications for review by the EC, processes applications approved by the EC, and sends
application denial letters.
Pursuant to Tex. Occ. Code § 1301.203, an Investigator/Field Representative is responsible for
the following duties: investigating consumer complaints, conducting jobsite compliance checks,
and assisting Plumbing Inspectors affiliated with a municipality in enforcing the Plumbing License
Law. Investigators also monitor continuing professional education courses for compliance with
Board Rules. Each Investigator is assigned to a specific geographic territory and works primarily
in that area. The TSBPE provides each Investigator with a cell phone, laptop, printer, and State
vehicle. All Investigator/Field Representatives are licensed plumbers as required by Tex. Occ.
Code § 1301.203.
The staff attorney is responsible for prosecuting contested cases at the State Office of
Administrative Hearings, responding to requests under the Public Information Act, drafting rules,
preparing Orders for adoption by the Board, uploading sex offender information, matching for
child support, reviewing documents submitted by applicants for exams, running criminal
background checks, and randomly running checks on online applicants.
G. Identify all funding sources and amounts for the program or function, including federal
grants and pass-through monies. Describe any funding formulas or funding conventions.
For state funding sources, please specify (e.g., general revenue, appropriations rider,
budget strategy, fees/dues).
General Revenue
H. Identify any programs, internal or external to your agency, that provide identical or
similar services or functions to the target population. Describe the similarities and
differences.
Tex. Occ. Code § 1301.503 requires each licensed Plumbing Inspector to enforce the Plumbing
License Law. Through the affiliation requirement discussed in Part J of the overview of the
Licensing Department, the Board has clarified that this authority extends only to areas within the
jurisdiction of the political subdivision(s) with which an inspector is affiliated.
Enforcement officers from the Texas Department of Licensing and Regulation (TDLR) have been
granted the authority through a memorandum of understanding (MOU) to check the licenses and
registrations of individuals practicing plumbing and report noncompliance to the TSBPE.
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Sunset Advisory Commission 42 September 2017
I. Discuss how the program or function is coordinating its activities to avoid duplication or
conflict with the other programs listed in Question H and with the agency’s customers. If
applicable, briefly discuss any memorandums of understanding (MOUs), interagency
agreements, or interagency contracts.
The MOU between the TSBPE and TDLR is structured to avoid duplication or conflict.
J. If the program or function works with local, regional, or federal units of government,
include a brief description of these entities and their relationship to the agency.
The TSBPE's Investigator/Field Representatives often seek assistance from municipalities and
other political subdivisions during their investigations. Most frequently, they contact them to
verify information such as whether a specific address is within the city limits or whether a permit
is required for a specific type of plumbing work. Individual Plumbing Inspectors often file
complaints with the TSBPE and are also called on to testify at hearings on contested cases.
K. If contracted expenditures are made through this program please provide:
• a short summary of the general purpose of those contracts overall;
• the amount of those expenditures in fiscal year 2016;
• the number of contracts accounting for those expenditures;
• the method used to procure contracts;
• top five contracts by dollar amount, including contractor and purpose;
• the methods used to ensure accountability for funding and performance; and
• a short description of any current contracting problems.
Non Applicable - The agency's regulatory function is performed solely in-house.
L. Provide information on any grants awarded by the program.
Non Applicable
M. Are there any barriers or challenges that impede the program’s performance, including
any outdated or ineffective state laws? Explain.
Database Limitations: The out-of-the box version of VERSA purchased by the State did not
include a method for accepting administrative penalty payments made with a credit or debit card.
It is the TSBPE's understanding that TDLR is currently working with MicroPact to develop this
feature. Once developed, the TSBPE hopes to have access to this technology.
Responsible Master Plumbers: The workload generated by the rapid and steady growth in the
number of Responsible Master Plumbers (RMP) has exceeded the capacity of the single FTE
allocated by the Legislature in 2009. This FTE was designated as an additional Licensing
Technician and was originally provided to process all certificates of insurance (COI) and help meet
the customer support needs of the growing population of plumbers and apprentices served by
the agency. Today, the TSBPE currently receives anywhere from ten to eighty certificates of
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September 2017 43 Sunset Advisory Commission
insurance per day, and the addition of the 24-hour training program in 2012 required the agency
to develop an application for the RMP Designation. As a result of this demand for service, the
TSBPE has had to dedicate an entire FTE to the functions necessary to support the RMP
population.
Those functions include:
• Reviewing and processing RMP Designation applications
• Processing requests to relinquish the RMP Designation
• Processing and entering COIs
• Processing RMP Change of Company Forms
• Responding to all inquiries regarding the status of applications and COIs
• Educating licensees and insurance agents about the correct procedures for submitting a COI.
N. Provide any additional information needed to gain a preliminary understanding of the
program or function.
The Enforcement Committee is comprised of agency staff and meets twice a month—once to
review applications submitted by individuals with criminal convictions and once to review
completed complaint investigations for possible violations of Tex. Occ. Code Chapter 1301 and
Board Rules. The Director of Enforcement and the staff attorney also attend these meetings in a
strictly advisory capacity.
O. Regulatory programs relate to the licensing, registration, certification, or permitting of a
person, business, or other entity. For each regulatory program, if applicable, describe:
Procedure for Complaint Intake and Investigation:
• A complaint is received – all complaints must be submitted in writing on a General Complaint
form
• The Director of Enforcement reviews the complaint for jurisdictional issues, completes a
Complaint Review form, and assigns the complaint to an Investigator/Field Representative
• The administrative assistant opens a complaint in VERSA and enters all information about the
complainant, respondent, etc.
• An electronic copy of the complaint is emailed to the assigned Investigator/Field
Representative
• A letter is sent to the complainant acknowledging that the TSBPE has received the complaint
and sent a copy to the respondent
• A letter and a copy of the complaint are sent to the respondent along with a request to
provide a written response
o If a response is provided, a letter is sent to the complainant along with a copy of the
response
o If the complainant replies to the respondent's response, a letter is sent to the respondent
along with a copy of the reply
• The Investigator/Field Representative makes an initial call to the complainant and calls with
a status update every 90 days
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Sunset Advisory Commission 44 September 2017
• Any additional documents or evidence received from either the complainant or the
respondent is added to the complaint file and sent to the Investigator
• The Investigator/Field Representative investigates the complaint and completes a Complaint
Investigation Report
• The administrative assistant prepares the Complaint Investigation Report for review by the
Enforcement Committee (EC)
• The EC reviews the Investigation Report and complaint file and determines whether a
violation has occurred and the amount of the penalty to be imposed
• A letter is sent to the complainant stating the outcome of the investigation and confirming
that the complaint has been closed.
P. For each regulatory program, if applicable, provide the following complaint information.
The chart headings may be changed if needed to better reflect your agency’s practices.
Please include a brief description of the methodology supporting each measure.
Texas State Board of Plumbing Examiners
Enforcement
Exhibit 11: Information on Complaints Against Regulated Persons or Entities
Fiscal Years 2015 and 2016
Fiscal Year 2015
Fiscal Year 2016
Total number of regulated persons
53231
56605
Total number of regulated entities
0
0
Total number of job sites monitored
10,493
9,856
Total number of complaints received from the public
1,065
1,248
Number of complaints pending from prior years
429
496
Number of complaints found to be non-jurisdictional
1
4
Number of jurisdictional complaints found to be without merit
362
300
Number of complaints resolved
1,070
1,182
Average number of days for complaint resolution
166.19
157.15
Complaints resulting in disciplinary action:
702
819
Administrative Penalty
347
384
Warning
282
195
Probation
0
0
Suspension
15
13
Revocation
58
227
Other
0
0
Table 11 Exhibit 11 Information on Complaints Against Persons or Entities
Self-Evaluation Report
September 2017 45 Sunset Advisory Commission
A. ADMINISTRATION
Name of Program or Function: Indirect Administration
Location/Division: Headquarters – Austin, Texas
Contact Name: Lisa G. Hill
Actual Expenditures, FY 2016: $312,970
Number of Actual FTEs as of June 1, 2017: 2.9
Statutory Citation for Program: Tex. Occ. Code § 1301.201. Executive Director and Staff; §
1301.208. Separation of Responsibilities; § 1301.260. Policy on Technological Solutions; and the
General Appropriations Act
B. What is the objective of this program or function? Describe the major activities performed
under this program.
In addition to providing leadership and guidance to meet the agency’s mission and vision, the
Indirect Administrative function provides for the management of day-to-day operations,
implements agency objectives and monitors the agency’s performance and operational
effectiveness and efficiencies. The Indirect Administrative function also ensures compliance with
state wide goals and directives through reporting, budget development, provides policy advice
to the Board and implements Board directives, participates in state organizations and training,
disseminates agency information via the agency website, direct communications, public meeting
postings, newsletters and responds to inquiries regarding elevated customer service issues.
The Indirect Administrative function provides for the oversight and execution of agency
operations including accounting, payroll, human resources, purchasing, procurement, reporting,
budget development, and facilities maintenance. These Indirect Administrative tasks are
necessary to support the agency's key functions.
C. What evidence can you provide that shows the effectiveness and efficiency of this program
or function? Provide a summary of key statistics and outcome performance measures that best
convey the effectiveness and efficiency of this function or program. Also please provide a short
description of the methodology behind each statistic or performance measure.
The Indirect Administrative key functions are as follow:
• Completion and submission of the FY 2017-2021 Strategic Plan
• Customer Service Survey
• Responding to legislative inquiries and testifying at hearings
• Completion and submission of the Business Continuity Plan
• Overhaul the Plumber’s Professional Continuing Education program by streamlining the
application process, material distribution and training site location
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Sunset Advisory Commission 46 September 2017
• Increase services available to licensees and registrants within the online services
program providing for the self-entry of insurance certificates, address updates and the
integration of an onsite kiosk for the application and renewal of licenses and
registrations
• Oversee the IT managed care provider, Vintage IT Services, as well as all aspects of
Information Technology.
The Indirect Administrative also includes these functions:
• Accounts payable
• Purchasing
• General accounting
• Deposits
• Budgeting
• Financial reporting, including preparation of the Annual Financial Report (AFR)
• Preparing Legislative Appropriations Requests (LAR)
• Payroll
• Human resources, including hiring/firing, performance evaluations
• Benefits administration
• Preparation of the Annual Non-Financial Data Report and Operating Budget
• Responding to legislative inquiries and testifying at hearings
• Drafting agency reports
• Strategic planning
• Facilities management
• Organize and implement a new telecommunication Voice Over Internet Telephone service.
D. Describe any important history regarding this program not included in the general
agency history section, including how the services or functions have changed from the original
intent.
The TSBPE expanded its use of a managed care IT provider to better service its customers and to
ensure continued compliance with DIR requirements and to move towards the most current
cyber security plans. In addition, an upgrade to its internet infrastructure was performed to meet
with future plans for an online examination that will expedite scoring of the exam results.
The upgrade to the Board’s internet infrastructure also allowed for the implementation of a Voice
Over Internet telephone system which will increase communication efficiency of all agency staff
through this use of this advanced technology. The agency is well within its goal of completion.
Because the agency has multiple outside users of its database, the agency has developed a VPN
connection with partner agency HPC. This art firewall router protects the network perimeter
which adds yet another layer of communication security. This supports the DIR strategies of
“Preventing Cyberattacks”, “Reducing Vulnerabilities,” and “Respond and Recover.”
These important communication initiatives will help facilitate communication, transparency, and
streamline agency effectiveness and efficiencies.
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September 2017 47 Sunset Advisory Commission
E. Describe who or what this program or function affects. List any qualifications or
eligibility requirements for persons or entities affected. Provide a statistical breakdown of
persons or entities affected.
The Indirect Administration functions affect all TSBPE employees, Board members, licensees and
registrants, and stakeholders and legislators served by the TSBPE.
F. Describe how your program or function is administered, including a description of the
processes involved in the program or function. Include flowcharts, timelines, or other
illustrations as necessary to describe agency policies and procedures. Indicate how
field/regional services are used, if applicable.
The TSBPE's Indirect Administration personnel includes the Executive Director, one Executive
Assistant, one Director of Financial Operations & Human Resources, one Accountant, one
Purchaser, and one part-time Staff Services Officer.
In addition to the key functions listed under the Indirect Administrative functions, the following
list of critical duties below also fall under the Indirect Administration function:
• Posting notices for open meetings in the Texas Register
• Preparing Board meeting agendas and minutes
• Preparing and distributing meeting materials
• Arranging Board member travel and accommodations
• Reviewing and processing applications from CPE provider and instructors
• Reviewing CPE course materials and processing applications from publishers of course materials
• Organizing the annual training for CPE instructors
• Overseeing the opening and processing of mail
• Maintain the agency website
• Oversee and implementing improvements to VERSA
• Drafting agency reports.
G. Identify all funding sources and amounts for the program or function, including federal
grants and pass-through monies. Describe any funding formulas or funding conventions. For
state funding sources, please specify (e.g., general revenue, appropriations rider, budget
strategy, fees/dues).
General Revenue
H. Identify any programs, internal or external to your agency, that provide identical or
similar services or functions to the target population. Describe the similarities and differences.
Although administrative services and functions are similar to other state agencies, we believe
that a complete analysis is warranted of our administrative services and functions before one
could surmise that our services and functions can be provided by other state agencies or
outsourced to private companies as a cost saving measure. We do not believe that outsourcing
the TSBPE’s services and functions would provide any true cost savings.
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Sunset Advisory Commission 48 September 2017
I. Discuss how the program or function is coordinating its activities to avoid duplication
or conflict with the other programs listed in Question H and with the agency’s customers. If
applicable, briefly discuss any memorandums of understanding (MOUs), interagency
agreements, or interagency contracts.
The TSBPE shares programs or functions with the Health Professions Council (HPC) via an
interagency agreement which includes maintaining the VERSA database system, the online public
search website, a toll-free number, shared information technology with other state agencies in
the group, and assistance with issues that arise through the use of the VERSA database system.
J. If the program or function works with local, regional, or federal units of government,
include a brief description of these entities and their relationship to the agency.
Non Applicable
K. If contracted expenditures are made through this program please provide:
• a short summary of the general purpose of those contracts overall;
• the amount of those expenditures in fiscal year 2016;
• the number of contracts accounting for those expenditures;
• the method used to procure contracts
• top five contracts by dollar amount, including contractor and purpose;
• the methods used to ensure accountability for funding and performance; and
• a short description of any current contracting problems.
Non Applicable
L. Provide information on any grants awarded by the program.
Non Applicable
M. Are there any barriers or challenges that impede the program’s performance, including
any outdated or ineffective state laws? Explain.
Information Technology Staff: Having the ability to hire an in-house IT specialist would alleviate
some of the stresses on current employees who are performing IT-related duties in addition to
other duties already assigned. Just the resources dedicated to providing technical support for
VERSA Online and testing enhancements to VERSA are sufficient to justify this position. Add that
to the workload covered by the TSBPE's contract with its managed care IT service Vintage, and
the time spent supporting the technical needs of ten Investigator/Field Representatives who
work remotely, and it is clear that this additional employee would improve efficiency and greatly
benefit the TSBPE as a whole.
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September 2017 49 Sunset Advisory Commission
Additional Accountant: The TSBPE has only two FTEs responsible for accounting functions: a
Director of Financial Operations & Human Resources and one Accountant. A second Accountant
is needed to assist with the increased amounts of revenue received each day and to ensure
compliance with the heightened requirements for segregation of fiscal duties set by the
Comptroller and other oversight agencies.
N. Provide any additional information needed to gain a preliminary understanding of the
program or function.
Non Applicable
O. Regulatory programs relate to the licensing, registration, certification, or permitting of
a person, business, or other entity. For each regulatory program, if applicable, describe:
Non Applicable
P. For each regulatory program, if applicable, provide the following complaint
information. The chart headings may be changed if needed to better reflect your agency’s
practices. Please include a brief description of the methodology supporting each measure.
Non Applicable
VIII. Statutory Authority and Recent Legislation
A. Fill in the following charts, listing citations for all state and federal statutes that grant
authority to or otherwise significantly impact your agency. Do not include general state
statutes that apply to all agencies, such as the Public Information Act, the Open Meetings
Act, or the Administrative Procedure Act. Provide information on Attorney General
opinions from FY 2011–2015, or earlier significant Attorney General opinions, that affect
your agency’s operations.
Texas State Board of Plumbing Examiners
Exhibit 12: Statutes / Attorney General Opinions
Statutes: Tex. Occ. Code Ch. 1301 is the agency's enabling statute; only key provisions and subchapters
are included in this table
Citation / Title
Authority / Impact on Agency
(e.g., “provides authority to license and regulate
nursing home administrators”)
Tex. Occ. Code § 1301.151. Texas State Board of
Plumbing Examiners Membership.
Provides for the composition of the Board
Tex. Occ. Code § 1301.202. Plumbing Examiner.
Requires the TSBPE to employ Licensed Plumbing Examiners
Tex. Occ. Code § 1301.203. Field Representative;
Inspections.
Grants the TSBPE authority to employ Investigator/Field
Representatives
Tex. Occ. Code § 1301.251. General Duties of Board.
Sets forth the general duties of the Board, including the
authority
to adopt and enforce rules necessary to administer
the Plumbing License Law
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Sunset Advisory Commission 50 September 2017
Citation / Title
Authority / Impact on Agency
(e.g., “provides authority to license and regulate
nursing home administrators”)
Tex. Occ. Code § 1301.253. Fees.
Grants the Board authority to set fees
Tex. Occ. Code § 1301.256. Subpoena.
Grants the Board subpoena power
Tex. Occ. Code § 1301.259. Memorandum of
Understanding.
Grants the TSBPE authority to enter into a memorandum of
understanding with the Texas Department of Licensing and
Regulation (TDL&R)
Tex. Occ. Code Ch. 1301, Subchapter F. Consumer
Interest Information and Complaint Procedures.
Grants the TSBPE authority to investigate complaints
Tex. Occ. Code Ch. 1301, Subchapter G. License,
Endorsement, and Registration Requirements.
Grants the TSBPE authority to administer examinations and
issue initial licenses, registrations, and endorsements
Tex. Occ. Code Ch. 1301, Subchapter H. License,
Endorsement, and Registration Expiration and Renewal.
Grants the TSBPE authority to regulate continuing education
programs and renew licenses, registrations, and
endorsements,
Tex. Occ. Code Ch. 1301, Subchapter I. Disciplinary
Procedures.
Grants the TSBPE authority to revoke, suspend, deny, or
refuse to renew a license, registration, or endorsement, or
reprimand a licensee or registrant for violations of the
Plumbing License Law, Board Rules, or an order issued by
the Board
Tex. Occ. Code Ch. 1301, Subchapter J. Other Penalties
and Enforcement Provisions.
Grants the Board a range of enforcement tools including the
power to file an injunction, issue a cease and desist order, or
impose a civil penalty
Tex. Occ. Code Ch. 1301, Subchapter N. Administrative
Penalty.
Grants the Board authority to impose administrative
penalties
Tex. Occ. Code Ch. 53
Grants the Board authority to revoke, suspend, or deny a
registration or the opportunity to take an examination
based
on a review of a person's criminal convictions
Tex. Occ. Code Ch. 55
Requires the Board to adopt rules and develop procedures
relating to the licensing of military service members, military
spouses, and military veterans
Tex. Family Code Ch. 232
Requires the Board to suspend a license or registration upon
receipt of a court order suspending the license or
registration for failure to pay child support
Tex. Gov't Code § 411.122
Grants the TSBPE authority to obtain criminal history record
information from the Department of Public Safety
Table 12 Exhibit 12 Statutes
Attorney General Opinions
Attorney General Opinion No.
Impact on Agency
N/A
N/A
Table 13 Exhibit 12 Attorney General Opinions
B. Provide a summary of recent legislation regarding your agency by filling in the charts
below or attaching information already available in an agency-developed format. Briefly
summarize the key provisions. For bills that did not pass, briefly explain the key
provisions and issues that resulted in failure of the bill to pass (e.g., opposition to a new
Self-Evaluation Report
September 2017 51 Sunset Advisory Commission
fee, or high cost of implementation). Place an asterisk next to bills that could have a
major impact on the agency. See Exhibit 13 Example.
Texas State Board of Plumbing Examiners
Exhibit 13: 85th Legislative Session
Legislation Enacted
Bill Number
Author
Summary of Key Provisions
SB 2065
Hancock
This legislation was originally filed as HB 3277 and was ultimately passed as an
amendment to SB 2065. It amends Tex. Occ. Code § 1301.704 to allow the Board to
impose a penalty against a person who is found to be in violation of the Plumbing
License Law, without an administrative hearing, if the person fails to respond to the
notice informing him or her of the alleged violation.
HB 2095
Kuempel
Tex. Occ. Code § 1301.406 originally allowed a licensee who has held his or her
license consecutively for 50 years to transfer the license to a family member within
the second degree of consanguinity upon death or retirement. This legislation
decreased the number of years the licensee must consecutively
hold his or her
license to 35, which has the potential to increase the number of transfers requested.
HB 3049
Guillen
This legislation allows the TSBPE to credit an applicant for the Tradesman Plumber-
Limited or Journeyman examination with up to 250 hours of work experience in the
plumbing trade if the applicant has completed a coherent sequence of courses in the
construction trade that are offered throu
gh a career and technical education
program that is approved by the State Board of Education. (An applicant needs 4,
000
hours of experience to qualify for the Tradesman Plumber-
Limited exam and 8,000
hours of experience to qualify for the Journeyman exam.)
Table 14 Exhibit 13 Legislation Enacted 85th Leg
Legislation Not Passed
Bill Number
Author
Summary of Key Provisions / Reason Bill Did Not Pass
HB 3111
Paul
This legislation would have required the Board and HHSC's Executive Commissioner
to jointly adopt rules related to medical gas verification of systems installed in
health care facilities. It also directed the TSBPE to create and maintain a voluntary
registry of medical gas verifiers.
HB 3414
Shaheen
This legislation would have replaced one the of the Board's public members with a
member who holds a Master or Journeyman Plumber license
HB 3463
Goldman
This legislation would have exempted public service companies or contractors of
public service companies performing plumbing work that meets certain parameters
from regulation under Tex. Occ. Code Ch. 1301.
HB 3712
Sheffield
This legislation would have reduced the number of hours of continuing professional
education required to renew a plumbing license from six to four.
HB 4154
Paul
This legislation would have required a Plumber's Apprentice who has been
registered for two years to take continuing education before his or her third
renewal and all subsequent renewals.
Table 15 Exhibit 13 Legislation Not Passed 85th Leg
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Sunset Advisory Commission 52 September 2017
IX. Major Issues
The purpose of this section is to briefly describe any potential issues raised by your agency, the
Legislature, or stakeholders that Sunset could help address through changes in statute to improve
your agency’s operations and service delivery. Inclusion of an issue does not indicate support, or
opposition, for the issue by the agency’s board or staff. Instead, this section is intended to give
the Sunset Commission a basic understanding of the issues so staff can collect more information
during our detailed research on your agency. Some questions to ask in preparing this section
may include: (1) How can your agency do a better job in meeting the needs of customers or in
achieving agency goals? (2) What barriers exist that limit your agency’s ability to get the job
done?
Emphasis should be given to issues appropriate for resolution through changes in state law.
Issues related to funding or actions by other governmental entities (federal, local, quasi-
governmental, etc.) may be included, but the Sunset Commission has no authority in the
appropriations process or with other units of government. If these types of issues are included,
the focus should be on solutions which can be enacted in state law. This section contains the
following three components.
A. Brief Description of Issue
Currently, the TSBPE licenses individuals and not companies. The Legislature should eliminate the
Responsible Master Plumber (RMP) Designation and replace it with a Plumbing Contractor's
License.
B. Discussion
RMPs allow a plumbing company to use their license for the purpose of offering and performing
plumbing work. Because RMPs assume all responsibility for the plumbing work performed under
their license, they are the only category of licensee required to carry commercial liability
insurance. To become a RMP, a Master Plumber must submit an application, $345 application
fee, and current Certificate of Insurance (COI) to the TSBPE and complete a 24-hour training
program covering the laws and rules applicable to running a plumbing business in Texas.
Pursuant to Tex. Occ. Code § 1301.351(a-2), a person must "secure the services" of a RMP before
advertising or otherwise offering to perform or provide plumbing. The statute is silent on what
it means to secure the services of a RMP, and the agency has adopted a rule requiring that the
RMP must be the owner, or an employee of, the business that is advertising or otherwise offering
plumbing services.
C. Possible Solutions and Impact
By creating a license type for Plumbing Companies it would spread the responsibility to the
company owners and allow greater control over the day-to-day operational requirements of the
plumbing company. In many cases while the Responsible Master Plumber may actually be the
company owner it is more and more common to find that the RMP is an employee and is under
a great deal of direction and control by the owner.
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September 2017 53 Sunset Advisory Commission
A fee would be required to develop the license within our database. The fee will impact the
Plumbing Company. More control over the companies will provide better protection for the
consumers.
X. Other Contacts
A. Fill in the following charts with updated information on people with an interest in your
agency, and be sure to include the most recent email address.
Texas State Board of Plumbing Examiners
Exhibit 14: Contacts
Interest Groups
(groups affected by agency actions or that represent others served by or affected by agency actions)
Group or Association Name/
Contact Person
Address Telephone Email Address
Associated Plumbing-Heating-
Cooling Contractors of Texas/
Alicia Dover
145 Trademark Dr.
Buda, Texas 78610
(512) 523-8094
alicia@phcc-tx.org
Dallas Joint Apprentice
Training Committee/
Jimmy Carroll
3541 W. Miller Rd.
Garland, Texas 75041
(214) 341-6199
jcarroll@dallasjac.org
Mechanical Contractors
Association of Texas/
Jim Reynolds
5629 FM 1960 West,
Suite 354
Houston, Texas 77069
(281) 440-4380
[email protected]
Mechanical Contractors
Association – Houston/
Glenn Rex
5629 FM 1960 West,
Suite 354
Houston, Texas 77069
(281) 440-4380
glenn@mcatexas.org
Plumbers Local Union #68/
Rick Lord
502 Link Rd.
Houston, Texas 77249
(713) 869-3592
rlord@plu68.com
Plumbers and Pipefitters Local
Union #142/ San Antonio Area
Plumbers & Pipefitters Joint
Apprenticeship Training
Committee/
Frank Southers
363 Belgium Lane
San Antonio, Texas 78219
(210) 226-1244
fsouthers@local142.org
Plumbers and Pipefitters Local
Union #196/
Don Green
1505 W, 7
th
Ave.
Amarillo, Texas 79101
(806) 374-2895
[email protected]
Plumbers and Pipefitters Local
Union #286/
Joe Cooper
814 Airport Blvd.
Austin, Texas 78702
(512) 385-1817
joecooper@local286.org
Texas Association of
Builders/VP Regulatory Affairs/
Ned Munoz
313 East 12th Street,
Suite 210
Austin, Texas 78701
(512) 476-6346
info@texasbuilders.org
Texas Pipe Trades/
Robert Cross
P.O. Box 8653
Houston, Texas 77249
(713) 861-3202
lu68hapjac@att.net
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Sunset Advisory Commission 54 September 2017
Group or Association Name/
Contact Person
Address Telephone Email Address
Texas Plumbing, Air
Conditioning and Mechanical
Contractors Association of
Texas/
Richard Blackmon
3112 Pecan Hill Dr.
Brookshire, Texas 77423
(281) 682-0347
pamca[email protected]
Texas State Association of
Plumbing Inspectors/
Gail Lux
P.O. Box 146
Dimmit, TX 79027
(972) 762-8985
gaillux@cederhilltx.com
Table 16 Exhibit 14 Interest Groups
Interagency, State, or National Associations
(that serve as an information clearinghouse or regularly interact with your agency)
Group or Association Name/
Contact Person
Address Telephone Email Address
Association of Continuity
Professional, Capital of Texas
Chapter/ Patti Farr
1250 S Capital of Texas Hwy
Bldg. 2, Suite 125
Austin, TX 78746
(737) 443-2290
Patti.Farr@kestrafinancial.com
AWS Communications/Mike
Huerta
8708 South Congress, Suite
A-120
Austin, TX 78745
(512) 233-4638
mhuerta@awscom.net
Building Officials Association of
Texas/Scott McDonald
P.O. Box 1971
Amarillo, TX 79105
(806) 378-3045
Scott.Mcdonald@amarillo.gov
Building Professional
Institute/Charles Clawson
P.O. Box 171388
Arlington, TX 76003
(817) 682-8256
[email protected]
Byron Investment Limited
Partnership/Robert & Sarah
Laird
3130 River Oaks Rd.
New Braunfels, TX 78132
(830) 624-7333
Larid3130@sbcglobal.net
International Association of
Plumbing and Mechanical
Officials/John Mata
18062 FM 529 RD, PMB 196
Cypress, TX 77433
(713) 539-3828
John.M[email protected]
International Code
Council/Mark A. Roberts
P.O. Box 219
Covington, LA 70434
(985) 635-9305
lclifton@iccsafe.org
Peak Performers/Amber Buck
4616 Triangle Avenue, Suite
405
Austin, TX 78751
(512) 453-8833 ext.
104
payroll@peakperformers.org
TIBH Central Store/Andrea
Foster
1130 Rutherford Lane #190
Austin, TX 78753
(512) 451-8145
centralstore@tibh.org
Texas State Directory, Inc./Julie
Sayers
1800 Nueces Street
Austin, TX 78701
(512) 477-5698
julie@txdirectory.com
Vintage IT Services/Shane
Garrett
1210 W. 5
th
Street
Austin, TX 78703
(512) 481-1117
sgarrett@vintageits.com
The Wilkins Group,
Inc./Tomeka Herod
1710 Firman Drive #200
Richardson, TX 75081
(972) 479-1090
[email protected]
Table 17 Exhibit 14 Interagency, State, and National Association
Self-Evaluation Report
September 2017 55 Sunset Advisory Commission
Liaisons at Other State Agencies
(with which your agency maintains an ongoing relationship, e.g., the agency’s assigned analyst at the
Legislative Budget Board, or attorney at the Attorney General's office)
Agency Name / Relationship
/ Contact Person
Address Telephone Email Address
Department of Information
Resources/Samuel Kane
300 W. 15
th
St., Suite 1300
Austin, Texas 78701
(512) 463-0064
registrar@texas.gov
Health Professions Council
Database Administrator/
Angie Berumen
333 Guadalupe St., #2-220
Austin, Texas 78701
(512) 788-3386
angie@hpc.state.tx.us
Legislative Budget Board
Budget Analyst/
Jennifer Quereau
1501 N. Congress Ave.
5
th
Floor
Austin, Texas 78701
(512) 463-2666
Jennifer.Que[email protected]exas.gov
Office of the Attorney General
General Counsel/
Veena Mohan
300 W. 15
th
St.
10
th
Floor
Austin, Texas 78701
(512) 936-0535
[email protected]ov
Office of the Governor
Deann Walker
1100 San Jacinto Blvd.
Austin, Texas 78701
(512) 463-1778
[email protected]
Office of the Governor, The
Governor’s Commission for
Women, State Agency Council
(SAC)/Liza Willmore
1100 San Jacinto Blvd.,
Rm.2.119
Austin, Texas 78701
(512) 475-2615
Liza.Willmo[email protected]v
State Employee Charitable
Campaign/Reagan Stone
2000 E. MLK Jr. Blvd.
Austin, TX 78702
(512) 382-8601
Reagan.Stone@uwatx.org
State Office of Administrative
Hearings/Tom Watson
300 W. 15
th
St.
4
th
Floor
Austin, Texas 78701
(512) 475-4993
[email protected]
Texas Correctional Industries
(TCI), Texas Department of
Criminal Justice/Mary Ann
Plumley
8801 South 1
st
Street, Suite
100
Austin, TX 78748
(512) 282-7734
Mary.P[email protected]
Texas Department of
Insurance, State Fire Marshal’s
Office/David Wheelus
333 Guadalupe Street
Austin, TX 78701
(512) 676-6800
[email protected]
Texas Department of Licensing
and Regulation/Brian Francis
920 Colorado St.
Austin, Texas 78701
(512) 463-3171
[email protected]
Texas Division of Emergency
Management, Texas Homeland
Security, Texas Department of
Public Safety/Alan B. Sowell
5805 North Lamar Blvd.
Austin, TX 78752
(512) 424-5008
Alan.Sowell@DPS.texas.gov
Texas Register-Texas Secretary
of State/Staff
1019 Brazos, Room 245
Austin, TX 78701
(512) 463-5561
[email protected]
Texas Workforce Commission/
Lowell A. Keig
101 E. 15
th
Street
Austin, TX 78778
(512) 463-4432
Lowell.Keig@twc.state.tx.us
University of Texas at
Arlington, Construction
Research Center/Tina
Menchey
416 Yates Street, 425
Nedderman Hall Box 19347
Arlington, TX 76019
(817) 272-3701
crc@uta.edu
Self-Evaluation Report
Sunset Advisory Commission 56 September 2017
Agency Name / Relationship
/ Contact Person
Address Telephone Email Address
University of Texas at Austin,
Steve Hicks School of Social
Work/Noel Landuyt
1925 San Jacinto Blvd.,
D3510
Austin, TX 78712
(512) 471-9831
nlanduyt@austin.utexas.du
University of Texas at Austin,
Printing Services/Richard Beto
Social Work Building, SSW
G-14
1925 San Jacinto Blvd.
Austin, TX 78712
(512) 471-4989
utcopy@austin.utexas.edu
Table 18 Exhibit 14 Liaisons at Other State Agencies
XI. Additional Information
A. Texas Government Code, Sec. 325.0075 requires agencies under review to submit a report
about their reporting requirements to Sunset with the same due date as the SER. Include
a list of each agency-specific report that the agency is required by statute to prepare and
an evaluation of the need for each report based on whether factors or conditions have
changed since the statutory requirement was put in place. Please do not include general
reporting requirements applicable to all agencies, reports that have an expiration date,
routine notifications or notices, posting requirements, federally mandated reports, or
reports required by G.A.A. rider. If the list is longer than one page, please include it as an
attachment. See Exhibit 15 Example.
Texas State Board of Plumbing Examiners
Exhibit 15: Evaluation of Agency Reporting Requirements
Report Title
Legal
Authority
Due Date
and
Frequency
Recipient
Description
Is the Report
Still Needed?
Why?
Only General Reporting
Requirements
Table 19 Exhibit 15 Agency Reporting Requirements
Note: If more than one page of space is needed, please provide this chart as an attachment, and feel free
to convert it to landscape orientation or transfer it to an Excel file.
B. Has the agency implemented statutory requirements to ensure the use of "first person
respectful language"? Please explain and include any statutory provisions that prohibits
these changes.
The agency uses language similar to that recommended in Chapter 392, Texas Government Code.
C. Fill in the following chart detailing information on complaints regarding your agency. Do
not include complaints received against people or entities you regulate. The chart
headings may be changed if needed to better reflect your agency’s practices.
Texas State Board of Plumbing Examiners
Exhibit 16: Complaints Against the Agency — Fiscal Years 2015 and 2016
Self-Evaluation Report
September 2017 57 Sunset Advisory Commission
Fiscal Year 2015
Fiscal Year 2016
Number of complaints received
0
0
Number of complaints resolved
0
0
Number of complaints dropped / found to be without merit
0
0
Number of complaints pending from prior years
0
0
Average time period for resolution of a complaint
0
0
Table 20 Exhibit 16 Complaints against the Agency
The agency rarely receives a formal complaint from the public. No formal complaints were
received during Fiscal Years 2015 or 2016. While complainants do sometimes submit
correspondence regarding the resolution of an enforcement action, the agency responds as part
of the enforcement process. The agency also considers concerns raised in its Report on Customer
Service from its licenses and the public. However, that information would be considered by staff
and the policy making body when reviewing and streamlining procedures.
D. Fill in the following charts detailing your agency’s Historically Underutilized Business
(HUB) purchases. See Exhibit 17 Example.
Texas State Board of Plumbing Examiners
Exhibit 17: Purchases from HUBs
Fiscal Year 2015
Category Total $ Spent
Total HUB
$ Spent
Percent
Agency
Specific Goal*
Statewide
Goal
Heavy Construction
$0
N/A
N/A
0%
11.2%
Building Construction
$5,837
$0
0%
0%
21.1%
Special Trade
19,444
0
0%
0%
32.9%
Professional Services
1,800
0
0%
100%
23.7%
Other Services
137,207
40,548
29.6%
50%
26.0%
Commodities
68,542
25,636
37.4%
50%
21.1%
TOTAL
$232,831
$66,184
28.4%
Table 21 Exhibit 17 HUB Purchases for FY 2015
* If your goals are agency specific-goals and not statewide goals, please provide the goal percentages and describe the method
used to determine those goals. (TAC Title 34, Part 1, Chapter 20, Rule 20.284)
Fiscal Year 2016
Category Total $ Spent
Total HUB
$ Spent
Percent
Agency
Specific Goal
Statewide
Goal
Heavy Construction
$0
$0
N/A
N/A
11.2%
Building Construction
$0
$0
N/A
N/A
21.1%
Special Trade
$8,935
$5,178
58.0%
N/A
32.9%
Professional Services
15,985
14,050
87.9%
100%
23.7%
Self-Evaluation Report
Sunset Advisory Commission 58 September 2017
Category Total $ Spent
Total HUB
$ Spent
Percent
Agency
Specific Goal
Statewide
Goal
Other Services
106,109
33,342
31.4%
50%
26.0%
Commodities
48,846
13,178
27.0%
50%
21.1%
TOTAL
$179,876
$65,748
36.6%
Table 22 Exhibit 17 HUB Purchases for FY 2016
E. Does your agency have a HUB policy? How does your agency address performance
shortfalls related to the policy? (Texas Government Code, Sec. 2161.003; TAC Title 34, Part 1,
rule 20.286c)
TSBPE makes a good faith effort to utilize HUBs through the use of a strong procurement plan.
TSBPE’s procurement plan requires a regular search of the Centralized Master Bidder’s List
(CMBL) when planning to buy goods and services. The TSBPE will purchase from a HUB vendor
to the fullest extent possible. The TSBPE’s single purchases above $5,000 are few.
The Board is committed to the goal of awarding contracts and purchases whenever possible to
HUB vendors. The Comptroller of Public Accounts (CPA) maintains the most updated list of HUB
vendors on the CMBL.
In its procurement process, the agency has the following procedures on purchasing:
1. Purchases under $5,000 – TSBPE will purchase from a HUB vendor to the fullest extent
possible.
2. Purchases of $5,000.01 - $25,000 – Requires at least three informal bids from the CMBL,
with at least two CPA certified HUB vendors. The ethnicity/gender is indicated on the bid
tabulation sheet. Note: For purchases of $5,000 or less, TSBPE may supplement the list
of bidders obtained from the CMBL with additional non-CMBL bidders.
3. Purchases over $25,000 – Requires the TSBPE solicit formal bids or proposals from all
CMBL and HUB Directory vendors who provide the goods or services to the Board’s
geographic region. Note: The TSBPE may supplement the CMBL with CPA certified HUBs
at any time if it determines that supplementing the CMBL will increase the number of
HUBs that submit bids.
A review of HUB purchases is conducted every six months. Although TSBPE will continue good
practices regarding its purchases procedures, it sees the opportunity to increase HUB purchases
by aggressively seeking out such businesses in instances where competitive bidding is not
required.
F. For agencies with contracts valued at $100,000 or more: Does your agency follow a HUB
subcontracting plan to solicit bids, proposals, offers, or other applicable expressions of
interest for subcontracting opportunities available for contracts of $100,000 or more?
(Texas Government Code, Sec. 2161.252; TAC Title 34, Part 1, rule 20.285)
Non Applicable
Self-Evaluation Report
September 2017 59 Sunset Advisory Commission
G. For agencies with biennial appropriations exceeding $10 million, answer the following
HUB questions.
1. Do you have a HUB coordinator? If yes, provide name and contact information.
(Texas Government Code, Sec. 2161.062; TAC Title 34, Part 1, rule 20.296)
Non Applicable
2. Has your agency designed a program of HUB forums in which businesses are invited
to deliver presentations that demonstrate their capability to do business with your
agency? (Texas Government Code, Sec. 2161.066; TAC Title 34, Part 1, rule 20.297)
Non Applicable
3. Has your agency developed a mentor-protégé program to foster long-term
relationships between prime contractors and HUBs and to increase the ability of HUBs
to contract with the state or to receive subcontracts under a state contract? (Texas
Government Code, Sec. 2161.065; TAC Title 34, Part 1, rule 20.298)
Non Applicable
H. Fill in the charts below detailing your agency’s Equal Employment Opportunity (EEO)
statistics. See Exhibit 18 Example.
Texas State Board of Plumbing Examiners
Exhibit 18: Equal Employment Opportunity Statistics
1. Officials / Administration
Year
Total
Number of
Positions
Percent
African-American
Statewide
Civilian
Workforce
Percent
Percent
Hispanic
Statewide
Civilian
Workforce
Percent
Percent
Female
Statewide
Civilian
Workforce
Percent
2015
1
0%
8.99%
0%
19.51%
100%
39.34%
2016
1
0%
8.99%
0%
19.51%
100%
39.34%
2017
1
0%
Not Available
0%
Not Available
100%
Not Available
Table 23 Exhibit 18 EEO Statistics for Officials/Administration
2. Professional (Professionals and Para-Professionals)
Year
Total
Number of
Positions
Percent
African-American
Statewide
Civilian
Workforce
Percent
Percent
Hispanic
Statewide
Civilian
Workforce
Percent
Percent
Female
Statewide
Civilian
Workforce
Percent
2015
19
10.5%
11.3%
21.1%
17.4%
10.5%
59.14%
2016
17
11.8%
11.3%
17.6%
17.4%
11.8%
59.14%
2017
15
12.5%
Not Available
12.5%
Not Available
12.5%
Not Available
Table 24 Exhibit 18 EEO Statistics for Professionals
3. Administrative Support
Self-Evaluation Report
Sunset Advisory Commission 60 September 2017
Year
Total
Number of
Positions
Percent
African-American
Statewide
Civilian
Workforce
Percent
Percent
Hispanic
Statewide
Civilian
Workforce
Percent
Percent
Female
Statewide
Civilian
Workforce
Percent
2015
11
0%
13.57%
54.5%
30.53%
81.8%
65.62%
2016
12
0%
13.57%
58.3%
30.53%
91.7%
65.62%
2017
12
0%
Not Available
75.0%
Not Available
91.7%
Not Available
Table 25 Exhibit 18 EEO Statistics for Administrative Support
I. Does your agency have an equal employment opportunity policy? How does your agency
address performance shortfalls related to the policy?
Yes, TSBPE is required to provide training to each new employee on policies regarding
discrimination and harassment no later than 30 days after the date of hire. In addition,
supplemental training is required every two years. A signed statement verifying attendance is
required to be maintained in the employee’s personnel file.
The TSBPE shall review new hire and workforce detail as prescribed in Sec. 21.552 of the Texas
Labor Code, to compile the legislative required Equal Employment Opportunity Report. This
report, along with the EEO-4 Report comparing EEO and job categories, will provide a racial,
ethnic and gender profile of TSBPE personnel by job categories. These workforce profiles are
compared to the available African Americans, Hispanic Americans, and females in the statewide
civilian labor force to determine the exclusion or underutilization by each job category, as
mandated by Sec 21.501 of the Texas Labor Code. Any underutilization shall be noted and
strategies for recruitment of qualified African Americans, Hispanic Americans and females will
be recommended to the Executive Director.
Director. XII. Agency Comments
Provide any additional information needed to gain a preliminary understanding of your agency.
The Texas State Board of Plumbing Examiners has experienced significant growth since our last
Sunset review and welcomes this review as an opportunity to improve agency functions even
more and continue to serve and protect the people of Texas. The TSBPE recognizes that it will
continue to face challenges as the demand for qualified Plumbers increases.
The agency is a premier example of a statewide plumbing regulatory agency, one that other
states have mirrored in their enforcement, examination and overall regulation of the plumbing
industry. The TSBPE has worked hard and will continue to do so through its planning and goal
setting to achieve an even higher standard.
Since our last Sunset review the following recommendations were made and completed as well
as other added efficiencies have been done so as to provide the best customer service possible.
Below is a list of these items:
Self-Evaluation Report
September 2017 61 Sunset Advisory Commission
• The TSBPE’s recently revamped website, www.tsbpe.texas.gov provides more information
and customer services thus providing better and faster service for the users. The new
website also illustrates the TSBPE’s commitment to customer service in using technology to
provide more information, more quickly. The agency is known for its knowledgeable
experienced staff (many are licensees of the Board) but at the same time still quickly offering
human contact when the Internet cannot provide the answer.
• Regularly works with the TDLR through its Memorandum of Understanding allowing
Investigators from both agencies to check licenses held by occupations regulated by the
other. The Plumbing Board and TDLR enforcement staff have also conducted joint
investigations as circumstances allowed.
• Applicants for all the Board’s registrations and examinations can now be applied for through
an almost paperless electronic application. The program was developed for the electronic
upload of applicant training by the provider directly to the TSBPE. This eliminates the need
for the applicant to retain paper documents when later applying for examination.
• The agency shares knowledge of resources with the Health Professions Council (HPC) and
seven other agencies sharing the Versa Regulatory Data Base.
• The TSBPE’s Enforcement Committee was reorganized to be comprised solely of staff. This
move realigned the separation of duties between staff and Board Members. By allowing
only staff to participate in the reviews, the process can occur more quickly as the number of
applicants has grown. In addition, this also removed staff from other committees leaving
committee responsibilities to the Board which ensures accountability to the Governor, and
prevents staff from making decisions on matters in which it has a direct interest. The final
decisions on all contested cases are left to the Board.
• The agency has worked closely with organizations regarding training of apprentices at a high
school level as well as through career technical colleges. Individuals holding an Apprentice
Registration with an endorsement are also required to obtain continuing education credit
prior to renewal. In addition, members of the military wishing to enter the plumbing trade
after services are provided with a knowledgeable liaison to help recognize prior training that
can be credited towards a plumbing license. Requirements to obtain a Journeyman Plumber
license for those who have attended a four year Department of Labor (DOL) training program
were also streamlined. A training program was developed for Apprentices who do not attend
a DOL program. These training courses are administered by Board approved Continuing
Education Providers.
• The Board has also fully addressed the need to ensure individuals with both felony and
misdemeanor convictions are reviewed in the standard manner defined in the Occupations
Code. The Board guidelines were also revised and have been incorporated within the rules.
• A full and complete process for issuing administrative penalties was also put in place. These
penalties are issued to both licensed and non-licensed persons.
The agency and staff of the TSBPE look forward to meeting with Sunset Commission staff.