November 20, 2018
Preface
I began as a Plumber’s Apprentice
in 1990 at the age of 16, worked my way to Journeyman status, and then became a
Master Plumber sometime around 2000. I have owned my own plumbing company and
served as a general contractor for residential and light commercial
construction. During other vocational pursuits I allowed my Master license to
lapse around 2010. Returning to the plumbing and building trades in 2017
compelled me to regain my Master license. The process had become much more
arduous due to subsequent statutes then when I had let my license lapse.
Through these years TSBPE has changed in some ways beneficial, not changed in
some ways that would be beneficial, and changed in some ways that don’t appear
to be beneficial. Changes for which I am particularly thankful include the ways
with which TSBPE deal with their customers. Previous TSBPE leadership produced
a hostile environment toward the plumbers they served as we were treated as a
nuisance. This changed in recent years. My experience has been kindness and a
spirit of servitude from current TSBPE staff. I have received prompt returned
phone calls from administrative staff, especially helpful has been Lisa
Guerrero. All four of the examiners at the center have shown eagerness to help
plumbers be successful. Lisa Hill has assisted me a few times through the years
with issues in the field and was courteously available. These are some of the
ways TSBPE has changed beneficially. The other changes and lack of changes are
addressed in the following.
Issue 1
The Texas Department of
Licensing and Regulation Could More Effectively Regulate Plumbers.
This issue is speculative. It is
possible that the TDLR “could” more effectively regulate plumbers. Moreover,
the TDLR could also more ineffectively regulate plumbers and with some
adjustments, the TSBPE could more effectively regulate plumbers.
This issue equivocally uses the
term “effectively”. While stating, “the primary role of state regulation of
occupations is to protect the public health, safety, or welfare (of its
citizens)” there is no dispute offered regarding the TSBPE’s effectiveness in
this primary role. The issue taken is one of efficiency in regulatory
practices. The TSBPE has proven effective in protecting public health and
safety in Texas. The problem that needs to be addressed is its lack of
efficiency which has created some burdensome regulations.
Sunset Recommendation 1.1 - Transfer the regulation of plumbers to the Texas
Department of Licensing and Regulation, and reconstitute the independent
plumbing board as an advisory board.
This recommendation fails to
resolve the issue. First, this recommendation exchanges one governmental
bureaucracy for another. Other than reducing a staff of 31 down to 28 it does
not produce smaller governmental oversight. Secondly, the TDLR does not provide
satisfactory customer service. Despite the glowing Sunset evaluation of TDLR,
Texans do not agree. Out of 72 Google Reviews the TDLR receives 2.3 out of 5
stars including, “Staff is rude, unhelpful, unorganized….welcome to the 13th
circle of hell.” I have personally spoken with friends in other trades
regulated by the TDLR who agree with these negative sentiments. Thirdly, this
bureaucratic exchange weakens the authoritative body. TSBPE can be
frustratingly inefficient and they need help. However, one thing they do well
is speak authoritatively for the plumbing trade in Texas and the citizens who
receive plumbing services. The examiners are licensed plumbers who know the
importance of sanitary plumbing and emphasize safe practices. The Executive
Director and the Field Inspectors know plumbing. The TDLR would not be able to
offer the same authoritative voice on behalf of Texas citizens. An Advisory
Board is a nice idea but effective implementation is not best left to a
committee. TSBPE keeps Texas safe.
My Recommendation - Provide TSBPE with specific tasks for greater
efficiency. Many of the ideas mentioned in the Sunset report are great and
should be pursued. Give the current TSBPE leadership an opportunity to meet
these goals. If they do not then replace them with others in the plumbing trade
who will do so. Current revenue collected by TSBPE according to the Sunset
report is approximately $5 million with an operating budget of approximately
$2.5 million. There is sufficient funding to compensate the type of high
quality leadership needed to execute efficient regulation.
Sunset Recommendation 1.2 - Require the agency to obtain fingerprint background
checks for all applicants and licensees.
I agree.
Sunset Recommendation 1.3 - Direct the agency to work with TDLR to develop
regulatory processes and rules.
My response to 1.1 applies.
Issue 2
Overregulation and Complex
Licensure Requirements Inhibit Entry Into and Growth in the Plumbing Industry.
This issue is partially true but
if followed through without caution will self-defeat the purpose of regulation.
It is true that the TSBPE is burdensome with its statutory and regulatory
practices. It is also true that some of TSBPE’s practices should be simplified.
Moreover, if the licensure requirements for Plumbers becomes relaxed in the wrong
ways it will lessen the necessary licensing standards and devalue the
integrity of the plumbing trade. This would result in inferior practitioners
and therefore a loss of protection for the safety and general welfare of
Texans.
This issue is presumptuous. It
assumes that the sole reason for inhibitions to entry and growth in the
plumbing trade is to blamed on the TSBPE. There are many other reasons to blame
for the current shortage of plumbers and there are many ways to help correct
the problem. There is currently a shortage of skilled laborers in all of the
construction trades across our state but they are not regulated by the TSBPE.
Assistance is needed in multiple facets of our society to improve value for
Texas consumers who are affected by the labor shortage. Expansion of
educational opportunities for those seeking employment in building trades is
imperative.
Sunset Recommendation 2.1 - Eliminate the separate drain cleaner-restricted,
drain cleaner, and residential utilities installer registrations.
This recommendation is headed in
the right direction to reduce redundancy in regulation which appears to create
more administrative burden for the agency. There should be a simpler way to
allow for drain cleaning with less categorical licensing requirements. Possibly
one way to better approach this issue would be to recognize that Tradesman
Plumbers are already allowed to fulfill these duties which appears to be
misunderstood in the Sunset report. Sunset states this recommendation is needed
because it would “authorize apprentice and Tradesman plumbers to perform these
tasks.” However, current TSBPE statute clearly states a Tradesman Plumber,
“constructs and installs plumbing” which certainly includes piping associated
with drain cleaning.
My Recommendation - Clarify the current allowances of TSBPE statutes.
Evaluate and recommend a simpler way to regulate plumbing safety while
eliminating the administrative burden on TSBPE staff with redundant licensing.
The Apprentice registration is currently quite simple requiring only a
Responsible Master Plumber to take responsibility for the Apprentice’s work and
a simple registration. The Tradesman license only requires 4,000 hours (2
years) experience which is a minimal amount of time considering the safety
concerns involved with potential for contaminating public water supply. I
recommend eliminating the drain cleaner, drain cleaner-restricted, and
residential utilities installer registrations and replacing them with the
Tradesman license as a minimal requirement. Especially considering 2 years
experience is already a minimal amount of time to be entrusted with such
important levels of public safety. This would provide a simpler way of
regulation and reduce the administrative burden on TSBPE staff.
Sunset Recommendation 2.2 - Remove statutory requirements for direct
supervision and authorize the board to determine supervision requirements for
specific tasks in rule.
This recommendation grants too
great a responsibility for plumbing work on unqualified individuals. The
recommendation allows for “general supervision” of the Apprentice’s work which
places public safety in the hands of someone with only introductory knowledge
of the plumbing trade.
This recommendation is
misinformed. It calls for granting “general supervision” of plumbing work to
Tradesmen when TSBPE statute already does so in a limited fashion. Section
1301.3576 (10C) describes a Tradesman as one who, “constructs and installs
plumbing for one-family or two-family dwellings under the supervision of a
responsible master plumber.”
This recommendation is
self-refuting to the overall purpose of Sunset’s recommendations. It calls for
the, “the board…to determine in rule specific guidelines for the type of work
that may be performed by apprentice and tradesman plumbers under general
supervision and when direct supervision is required.” This creates more
regulatory pontification where the previous recommendation sought to remove it.
My Recommendation - Clarify current TSBPE statutes regarding the roles
of Tradesmen Plumbers and keep the direct supervision requirement for
Apprentices.
Sunset Recommendation 2.3 - Remove the requirement for the board to only hire
licensed plumbers to administer exams.
This recommendation seems to fall
short of recognizing the knowledge necessary to successfully administer an
adequate plumbing exam. A thorough understanding that comes only from
experience is imperative in testing minimal qualifications for such a trade.
Without realizing it Texas citizens trust plumbers every day. If one drinks
safe water it is because a plumber has done his or her job well. If a water
heater safely operates without explosion it is because a plumber has done his
or her job well. How could Texas entrust regulation of such public safety to
examiners not qualified enough to even be licensed?
My Recommendation - Require licensed plumbers to administer exams.
Utilize some of the approximate $2.5 million in TSBPE revenue to hire 3
additional licensed plumbers to administer exams, preferably with experience
included in some form of pedagogy. Some of the backlog will also be alleviated
by following my recommendations to 2.1 and 2.2.
Sunset Recommendation 2.4 - Authorize the board to outsource the creation and
administration of its exams.
This recommendation is appealing.
Sunset accurately evaluates, “Antiquated exams and their administration create
unnecessary burdens for licensees, contributing to the workforce shortage of
plumbers.” Exams need to be updated by licensed pluming persons who also
understand pedagogical approaches to exam creation. This can be done with TSBPE
and private providers without transferring to TDLR. The privatization of exam
administration can be good for Texas and good for the TSBPE. The requirement
for licensed plumbers to administer the exams should not be removed but
outsourcing to other providers who meet TSBPE requirements would be beneficial.
My Recommendation - Offering private providers to administer exams
allows more flexibility for plumbers around the state without the burden of
traveling to Austin. Update exam creation in consultation with a wider input
from licensed plumbers, CE providers, and qualified test makers. This type of
hybrid privatization also opens a competitive free market where providers
including TSBPE will be forced to be more efficient. Remove the required 24
hour course for Responsible Master Plumbers. The class focuses only on business
management/practices which is a private matter that should be left to a
business owner without government intervention. The class I took from a
licensed provider was a complete waste of time and money.
Sunset Recommendation 2.5 - Clarify the board’s authority to approve continuing
education course content and instructors.
I agree.
Sunset Recommendation 2.6 - Authorize the board to establish license terms in
rule.
I agree.
Sunset Recommendation 2.7 - Remove the separate renewal for endorsements.
I agree.
Sunset Recommendation 2.8 - Eliminate the Responsible Master Plumber
designation and create a plumbing contractor license.
This recommendation actually calls
for a return to old TSBPE policy but with different terminology. This fails to
recognize a significant burden placed upon licensees for which I suffered
misfortune. Before the RMP designation there was only a Master Plumber which
was comparable to the “licensed plumbing contractor” concept. The Master
Plumber was required to maintain general liability insurance as would a
plumbing contractor. Moreover, there came a time in my life that I no longer
utilized my plumbing license vocationally. I sought inactive status but no such
thing was available. I was left with two choices. Either maintain my license
renewal and general liability insurance at significant personal cost
(approximately $2,000 per year) or allow my license to lapse. At the time the
only requirement to reinstate my Master license would have been to retest for
the Master license. However, subsequent statutes added the burdens of multiple
classes, retesting for Journeyman license, and retesting for the Master
license. All of which cost me approximately $5,000 (including travel) and
required an almost 2 year process. This could have all been avoided if the RMP
designation had existed when I first let my license lapse. I would have gladly
continued paying to renew my Master license if there had not also been the
accompanying insurance expense attached to RMPs. Current policy for Master
licenses to be reinstated needs to be restructured and there must be an option
for those previously qualified to more easily regain their license.
My Recommendation - Keep the Responsible Master Plumber designation.
Provide previous license holders the opportunity to regain their licenses by
passing the exam of previous license held.
Sunset Recommendation 2.9 - Authorize the agency to issue temporary licenses.
Granting a temporary license
without verifying the qualifications of plumbers is dangerous to Texas
citizens. This is especially concerning during times of disasters when
“storm-chasers” flock to damaged areas looking for quick profit. These areas
have greater potential for cross-connected lines contributing to contaminated
public water supply.
My Recommendation - Update the Journeyman and Master exams and allow
emergency status for test takers during times of disaster. Require all plumbers
in Texas to pass the necessary exam before allowing them to do plumbing work.
The expanded ability to provide exams as I recommended in 2.4 provides for this
need.
Sunset Recommendation 2.10 - Direct the board to revise its exams to eliminate
practical components.
Certain elements of the practical
components of the exam are outdated but the method of requiring practical
components is not obsolete. The practical portion of the exam needs to be
updated. For example, cutting cast iron could be removed as well as calculating
a rolling offset. However, basic pipefitting skills such as black iron pipe,
copper, and PVC are still important skills that cannot be tested any other way.
The DWV system as piped in the “dollhouse” is still essential to basic plumbing
knowledge and there is no better way to test this knowledge.
My Recommendation - Update the practical components of the plumbing
exams. Remove the portions of the exam that are outdated and replace them with
modern plumbing techniques. Require examiners to outfit a mobile shop trailer
that provides test takers to perform practical pluming components. Based on my
recommendation in 2.4 most of this expense would be the responsibility of
privatized examiners.
Sunset Recommendation 2.11 - Direct the board to simplify the timeframe for
obtaining continuing education.
I agree.
Issue 3
Inefficient Enforcement
Processes Hinder Effective Public Protection and Fair Treatment of Licensees.
My evaluation of TSBPE’s
efficiency in statutory enforcement must be limited to my experience. The
inefficiency reported by Sunset indicates a need for greater prioritization by
Field Inspectors. This may be the case and there also may be other factors such
as the rapid growth rate of Texas and a staff shortage.
Sunset Recommendation 3.1 Eliminate statutory qualifications for field
investigators.
“This recommendation would repeal
statutory requirements for field investigators to hold a plumbing license or
have previous plumbing training and experience.” How can someone without
plumbing training and experience enforce plumbing integrity? This is analogous
to allowing unlicensed persons with no previous medical training and experience
to regulate field inspections of medical doctors and facilities. This is not a
false comparison. Plumbing oversight is just as important considering Texas
citizens depend upon plumbers every day for safe drinking water.
My Recommendation - Require plumbing field inspectors to be licensed
plumbers. Also, the number of field inspectors should be commensurate to the
growing population in Texas.
Sunset Recommendation 3.2 - Repeal the statutory enforcement committee.
I agree.
Sunset Recommendation 3.3 - Repeal the board’s authority to issue criminal
citations.
My knowledge is insufficient to
respond to this recommendation.
Sunset Recommendation 3.4 - Direct the agency to adopt a risk-based approach to
investigations in rule, focusing on higher risk complaints first before other
lower risk activities, such as jobsite compliance checks.
TSBPE staff should know best how
to assess the risk level of complaints and the appropriate ways to prioritize
their time spent on enforcement. If current staff is deficient in these areas
then they should be given an opportunity to correct the problem or they should
be replaced.
Sunset Recommendation 3.5 - Direct the agency to use informal settlement
conferences in appropriate circumstances and better document its use of this
enforcement tool.
I agree.
Sunset Recommendation 3.6 - Direct the agency to publish disciplinary history
online.
I agree.
Sunset’s Conclusion -
“Fiscal
Implication -
Overall, while several recommendations would allow the agency to
better allocate state resources and remove administrative bottlenecks, they
would not have a significant fiscal impact to the state. The recommendations
focus primarily on removing unnecessary statutory requirements and adopting,
clarifying, and implementing policies to create efficiencies.”
My Conclusion -
TSBPE is in need of improvement. Sunset offers many helpful
recommendations. Transferring regulatory responsibility of the plumbing trade
in Texas from TSBPE to TDLR would be a mistake. Texans depend upon safe
plumbing every day and this public trust is best left to qualified plumbing
professionals. Reform TSBPE. Please do not trade one bureaucratic agency that
is highly knowledgeable for another bureaucratic agency that is not.
Respectfully Submitted,
Richmond Goolsby
RMP #36524