Sunday, March 22, 2020

Corona Virus, Plumbing, and Government Regulation

Richmond Goolsby, Master Plumber #36524, MPRFSS, B.A., M.A.


Corona Virus and Government Regulation

Beginning March 20, 2020 Governor Abbott issued an historic executive order. This is the first time since the smallpox public health scare of 1901 that Texas has extended such sweeping regulations. Provocation by the Corona Virus health scare demanded executive action. This order calls for every person in Texas to:
1. Avoid social gatherings of more than 10 people. 
2. Avoid bars, restaurants, and gyms. No dining at these locations, take-out and delivery options only. 
3. Not visit nursing homes, retiring centers or long-term care facilities unless providing critical care assistance. 
4. Close Texas schools temporarily. Work with TEA to continue online or additional educational options. 

The economic and emotional impact of such far-reaching governmental action is gargantuan. Businesses are closing their doors, many will not reopen. People are scared. Schools are uncertain and some will be unable. Not even the best economic prognosticators know the impact these regulations will have in the coming months. 

As a 5th generation Texan, there is something deep within me that rubs against this type of government interference. Section 2 of the Texas Constitution Bill of Rights states, “All political power is inherent in the people and all free governments are founded on their authority, and instituted for their benefit.” Texans don't like being told what to do because we believe that political power belongs to the people. We believe that the people have authority over their government and that government only exists for our benefit. It is at this intersection of a government submissive to her people and a government that is to benefit the people it serves, that Governor Abbott is right to invoke such regulations. He is right because he is acting to protect the public safety of the people he serves. The government has the responsibility to limit one’s rights only when the exercise of one’s rights threatens the rights of others. For example, dine-in eating is restricted (my right to eat where and when I want) because I could unknowingly infect fellow diners (taking away their right to dine safely). In this way, Governor Abbott is working on the authority of the people he serves and is working for their benefit. 


Plumbing and Government Regulation 

On June 13, 2019 2020 Governor Abbott issued another executive order. That order extended the regulatory activity of the Texas State Board of Plumbing Examiners. As a Texan, something deep within me rubs against the government telling folks who can and cannot do plumbing work. However, as a consumer of the public water supply, I was thankful for his responsible action. As a recipient of natural gas transmitted through safe lines, I appreciated his order. As a beneficiary of sanitary sewage systems, I’m glad for a governor who works for the people. As a Master Plumber, I realize how necessary strict plumbing regulation is for Texas. The purpose of the TSBPE is, “to protect Texas citizens against the health and safety hazards that can result from improperly installed plumbing, gas, and medical gas systems.” In this executive order Governor Abbott acted under the authority of Texas citizens and for their benefit. He acted to limit one’s rights so that he might protect the exercise of other’s rights. For example, he limited unqualified plumbing work in order to protect people from the injury of unsafe plumbing. He regulated by legal statute that an unqualified person shall not install or repair water lines because they could contaminate the public water supply. No person has the right to irresponsibly act in such a way that their action can rob others of their rights to life, liberty, and the pursuit of happiness. Plumbing regulation is necessary for this reason. 


I hope this Corona Virus scare subsides quickly. I hope for a small government that doesn’t habitually tell us what to do. But when the government must act, let it do so wisely, protecting the safety of the people it serves.