Plumbing board approves enforcement orders, greenlights more enforcement staff and a ‘cyber investigator’ role

The Texas State Board of Plumbing Examiners approved a batch of enforcement actions on March 4 and signaled a push to expand enforcement capacity to address unlicensed work advertised online.

At the meeting the board moved and approved a set of agreed orders and default orders authorizing the chair to sign the documents on behalf of the board. Chair (Chair) called for the motion and the board approved the slate by voice vote.

Executive Director Lisa noted that enforcement staff have been short-handed but that enforcement activity is resuming: "We did get back, 2 ... we're waiting on about 4 of those that should have some proposals for decision," she said, describing cases processed through the agency and routed to hearings. Legal counsel Lance summarized the workflow: field investigators gather evidence, the enforcement division may issue a notice of alleged violation, respondents may pay administrative penalties or request a hearing before the State Office of Administrative Hearings (SOAH), and the SOAH judge issues a proposal for decision that the board then reviews and decides in open meeting.

Board members stressed a more proactive field presence. Chair and staff said the agency batches cease-and-desist letters and penalties for processing and that penalty receipts are remitted to the state general fund rather than used for agency operations. "Penalties nor late fees become our anything that we can use yet," Lisa said, noting the agency cannot treat penalty income as operating dollars.

Members also discussed a new position funded through recent appropriations: a proposed full-time cyber investigator tasked with tracing and documenting unlicensed advertising on platforms such as Facebook. Chair argued the role is needed because "we can keep a person, really busy every single solitary day chasing down these outlaws that are doing unlicensed work or advertising to do unlicensed work throughout the state." Staff described the investigative burden — identifying the individual behind an ad, proving they lack a license or are misrepresenting work, and building an evidence packet for enforcement.

The board approved the enforcement orders and authorized the chair to sign related agreed and default orders. Staff said additional enforcement cases will be docketed at future meetings for board review.

Next steps: the board will continue to docket enforcement decisions for action, and staff will continue filling enforcement positions while training new investigators.