A Plumber’s Response to the Sunset Commission Report on the Texas State Board of Plumbing Examiners.

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

Don't Bite Your Fingernails!!!

My Thoughts on the Current Condition of Plumbing in Texas
Master Plumber #M36524

1. Don’t Bite Your Fingernails. This is no time for emotionally charged rhetoric. The plumbing industry is founded on and perpetuated by sound thinking and its application. We protect public safety. We provide the two most foundational elements of any modern society: safe drinking water and sanitary sewage disposal. Our trade is built on logic. We must respond in logic while continuing to do what is best for public safety.
2. Free Markets Work. Good customers will hire good plumbers. Cheap people will hire cheap, unqualified people. While state oversight is helpful, we never needed the government to endorse the quality of our work. Quality plumbers do quality work. Its a simple economic principle. The market will reveal who does quality work and these people will have successful businesses.
3. The 86th Legislature Failed its Citizens. Texans deserve better. The primary role of government is to protect the people. Plumbing oversight is primarily a public safety issue. Most citizens are unaware of the dangers involved with plumbing installations. Cross-connections, carbon monoxide poisoning, potentially explosive water heaters, gas leaks, and medical gas dangers are not on the radar of the average citizen…until its too late. The safety regulations of the plumbing industry are built on the same principles of other laws. That principle is this: One is free to exercise one’s rights as long as that does not take away the rights of another. The government’s responsibility is to protect these rights, especially when citizens are unaware of the threats to their rights. In this way, the 86th legislature failed Texans. 
4. We Are Stronger Together. With approximately 71,000 people registered with the Texas State Board of Plumbing Examiners we can have a united voice for our trade. While this number includes those who are not interested and those who are in favor of removing the TSBPE, there are still enough of us to take a stand. I am thankful to see many rising up in unity and I will participate for the sake of our trade. We must also think ahead to ways we can work together in a Texas without state plumbing regulation.
5. Plumbing Will Not Be That Much Different. There have always been people doing illegal and substandard plumbing work. It has been beneficial for our industry to have a state board that worked to enforce state plumbing laws. I still want that. However, the free market will correct itself and this political hackery will not remain long term. Even most of those who favored abolishing the TSBPE still realize there is too much at stake to not have some sort of state oversight for plumbing. This is a transitional time but some sort of regulation will be upcoming. As those who know the industry, we must keep the pressure on and make our voices heard in the development of what comes next. 

Obviously I have many other thoughts but hopefully these are helpful at this time. 

Plumb On!

- Richmond Goolsby

On Being

Things are what they seem.

Things are not what they seem. 

To seem is to deceive. 

Perception is reality but only for fools. 

We utter what we do not understand.

Real is real no matter what is perceived. 

Things too wonderful to explain.

Objectivity is our need but we are plagued to perceive.

To seem is to deceive,

We cannot escape ourselves.

Not individually, not collectively.

Every sense, every experience, every thought, 

Filtered by and through self-deception.

Momentary breakthroughs but not from within. 

Something outside, transcendence invades our space.

Guiding light albeit seems so dim.

Brightness immeasurable to reach so far

and cut through such black night.

To perceive is not to illuminate.

To receive that light shining is to seem what we ought.

How shall we know this light?

Or detect it’s absence?

Not to perceive, not to seem, which is deception.

Not in the seeing or the hearing.

Not in the feeling with flesh or heart.

Not in the tasting of all our experience.

Not even a rock-hewn believing.

In the being.

Being who we are.

Being who we will be.

Being in the hands of the One who is to be.

If You're Comin' to Texas...

If You’re Comin’ to Texas…

If you’re comin’ to Texas there are some things you ought to know. We are an independent breed. We don't take kindly to someone tryin’ to change our ways. Please remember that the way Texas has been is what attracted you here in the first place. So, please don’t go tryin’ to make it like the place you left. If you’re comin’ to Texas here are some things to keep in mind.

We say “Yes sir” and “Yes ma’am” and please and thank you.
We hold the door open for ladies and say hello even to those we don't know.
We like Copenhagen, Red Man, and a few of us even roll our own.
Our idea of dressin’ up is starched jeans, a felt hat, and boots.
We don’t like the government tellin’ us what to do so we like to keep it small.
Actually, we don’t like anyone tellin’ us what to do.

The spirit of Bowie, Crockett, and Houston still lives.
We believe in sacrifice and courage and honor.
We keep each other safe with armed, law-abiding citizens.
If anyone ever comes to take our guns they will have to pry them from our cold, dead hands.
We honor our police officers and thank God for them.
We believe the Bible and trust in God.

We sing with Ray Wylie, Billy Joe, and Jerry Jeff.
Dancin’ is a subtle art best displayed with a Two Step.
Fishin’ and huntin’ are more than a hobby, we dang sure eat what we kill.
Friday nights in the Fall are for football.
Baseball is great too but not at the same time as a local rodeo.
We drill oil and we ain’t huggin’ any trees.

Barbecue is the fancy way of sayin’ quality meat cooked low and slow.
If its good it don’t need any sauce.
We like whiskey straight with Shiner as an appetizer.
We eat beef. Steak - medium rare. Burgers - fat and juicy.
We guaran-damn-tee anything we shake hands over.
We don’t mean any disrespect to the other states
but we sure as hell want to keep things our way.

So, if you’re comin’ to Texas please keep these things in mind. If most of this sounds good to you, then come on down. Just remember the way Texas has been is what attracted you in the first place. Don’t go tryin’ to make it like the place you left.

Gateway East Africa Ministries Update

Gateway East Africa Ministries

Update from Nairobi

January 11, 2017

This was such an awesome trip! There were 12 of us including 9 students from Criswell College, Bobby Worthington, Kevin Warstler, and myself. This is Bobby’s 3^rd trip to Kenya and he always does such a wonderful job. That guy has such a huge heart for getting the gospel to others. He has the gift of harvest evangelism. He just begins to speak and people come to Jesus. Kevin has now been to east Africa four times and is such a blessing. His heart to disciple others is evident and his biblical scholarship is beyond excellent. Both of these men have become two of my best friends. All 9 of the students worked so hard and we never heard one complaint among the entire group. They are Jacob Griffin, Kyle Wisdom, Wes Barnett, Cory Terrell, David Newman, Derek Ruhl, Chris Garner, Martin Dorsey, and Keith Martin. There was a little bit of sickness but these men pushed hard and worked through it. They knew the work was much too important. Everyone of these guys are choice servants in the kingdom.

            We had 45 pastors from 30 different tribes in Kenya and Tanzania who participated in the pastoral training sessions. It is so wonderful to see these faithful men of God growing in their studies and ministries. They work so hard in various vocations while shepherding God’s people. These guys are my heroes. Kevin taught the books of Amos and Hosea while I focused on Eschatology and Homiletics. Bobby spent some time with them focusing on the subject of Biblical Evangelism. We had some of the best conversations ever and Kevin and I ended up really spending much time on justification and sanctification. There was so much of a works-based mentality that we replaced with the more biblical, grace-filled understanding of salvation. We worked through an expositional approach to Romans 5-8 to clarify God’s saving work. Everyone was incredibly responsive and great liberty was discovered by many in the richness of God’s benevolent work.

            Bobby mostly led the students out in the communities sharing the gospel. There were 382 professions of faith among three different areas. Our group spent the first few days witnessing in Ruiru. This is the Nairobi suburb in which Samson Kisia’s church resides. It is a rapidly growing area and so there were many people needing the gospel and FBC Ruiru will be discipling these new believers. The next few days were spent in another community where we helped start Criswell Baptist Church 2 years ago. Pius Nato is pastoring this new church and doing a great job in a growing area. It was great to continue our relationship with this new church and strengthen them through these evangelistic efforts. The third area is called Canaan and this is where we helped start a new church. Ibrahim Odino is the pastor of this new work. He began as a student of mine four years ago and has grown tremendously. He is smart, kind, respectful, and committed to the work. I’m so excited for him to now have a church to pastor. It is called Canaan Baptist Church. They are now meeting in a small rented space and had 25 people for the first worship service on January 8. He will be following up with every single profession of faith and cultivating a gospel witness in this new area.

            I am currently working with the Moderator and other leadership of the Baptist Convention of Kenya to begin the training sessions all across the nation of Kenya. We will soon be bringing together the leaders from all 23 regions with some of their key leaders for these sessions. Our hope is that these leaders will then go back to the pastors in their regions with great excitement. We will soon begin our journey of taking sound theological training to each of the 23 regions. This will take at least 3-5 years but it is so needed. We are also currently working on securing the right location for the Dr. Lamar Cooper Theological Library in Nairobi. We are discussing details for the best location and waiting on information from some others regarding land deeds so that everything is in order. We will begin soon. This library will be the first of its kind in Kenya. It will provide theological material for the common man. Any of our pastors and church members will have access. We currently have a few thousand volumes and are collecting more. It will also house the W.A. Criswell Ministry Center which will be filled with Dr. Criswell’s sermon library and copies of all his books. This will be such an incredible resource. The library will also have a small guest room to accommodate visiting professors while we are there teaching.

I thank God for allowing me to be part of this most wonderful work. I thank you for your faithful prayers and support. You can keep up with us at:    gatewayeastafrica.org    and on Facebook.

Onward and Upward,

Richmond