SECTION 367.10. Display of RMP Name and License Number

(a) Display of License Number on Service Vehicle. Both the RMP of record and owner of a plumbing company shall ensure that the RMP's license number and the company name are displayed on both sides of all service vehicles owned or operated by the company, or otherwise used in conjunction with providing plumbing work by, or on behalf of, the company. The license number must be preceded by the letters "M", "MPL", or "RMP". The letters and numbers must be placed on the body of the vehicle and must be of a contrasting color, and at least two inches in height.

(b) Disclosure of Licensure and Regulatory Oversight on Contracts. Both the RMP of record and owner of a plumbing company shall ensure that the first page of each written or electronic proposal, invoice or contract for plumbing services includes, in at least twelve-point font:

(1) the first and last name of the RMP of record;

(2) the license number of the RMP of record;

(3) the phrase "regulated by the Texas State Board of Plumbing Examiners"; and

(4) the Board's mailing address, phone number, and website address (tsbpe.texas.gov).

(5) For the purposes of this subsection, the terms "proposal," "invoice" and "contract" include any and all documents used to define the scope and/or cost of the work to be performed for a consumer. This would include items such as written estimates, service invoices, billing invoices, receipts or any document, written or electronic, which defines the services and cost of the plumbing services provided to the consumer.

(c) Disclosure of Licensure on Advertisements. Both the RMP of record and owner of a plumbing company shall ensure that all advertisements by a plumbing company designed to solicit plumbing business state the license number of the RMP of record, regardless of the type of media used. This includes business cards, "flyers," referral coupons, or other handouts. The following advertising does not require disclosure of the license number:

(1) nationally-placed, or interstate television advertising; provided, a statement is included indicating that license numbers for local providers are available upon request;

(2) Internet advertising by a franchisor on behalf of its franchisees; provided, a statement is included indicating that license numbers for local providers are available upon request;

(3) advertisements that do not contain a visual component, such as radio advertisements or solicitations by phone call; provided, the solicitor must include a statement indicating that the plumbing company complies with state licensing requirements. The license number of the RMP of record must be made available upon request;

(4) promotional items of nominal value such as ball caps, T-shirts or other clothing (including company uniforms);

(5) signs located on or adjacent to the plumbing company's permanent business location; or

(6) telephone book listings or other company information aggregated by a third party for which the plumbing company does not possess editorial control or influence over the content, and does not otherwise participate in the dissemination or promotion of such content.

Source Note: The provisions of this §367.10 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective August 16, 2020, 45 TexReg 5514