Many of you will remember the issue between the Texas Real Estate Commission and the Texas State Board of Plumbing Examiners last year. The issue was that both TREC and TSBPE took the position that a Texas home inspector licensed by TREC would also need to be licensed by the TSBPE to perform sewer scope inspections. In August of last year the question was posed to the Texas Attorney General’s office via a Request for Opinion. The AG’s office published their opinion today and is attached.
It appears that this decision was based on a flawed (?) definition (“common understanding of the term”) of “service”. The term “service” has already been interpreted differently by other courts in Texas as simply an act that does not provide any real improvements of anything. Also the argument is that “service” includes “maintenance” to “improve” something which is really stretching it. Even in this opinion they have demonstrated that TSBPE has distinctly separated “service” from “maintenance”, and “maintenance” whether as emergency repair or just routine is used to “improve” something (in TSBPE case improve the plumbing system).
I agree with Chuck that I too am surprised they went in that direction. All they have done is tied the various licensing authorities hands in clarifying ambiguous laws. For TSBPE that would be pointed out in this decision where they have severely limited their ability to ““adopt and enforce rules necessary to administer” chapter 1301”.
