Hello, Building Safety and Consumer Protection Licensees,

As the new Executive Director of this agency, I’m excited to meet each of you, and to hear about your concerns and successes as I lead TDLR into its next chapter. 

A bit about me: I was the Workforce Development Director at the Texas Workforce Commission from 2016 until I left to join TDLR in May. In that position at TWC, I oversaw several regional workforce, education and regulatory programs and learned a lot about TDLR and its licensees. I’ve long been impressed with both the agency and its licensees.

I know I’m new here, but I have a favor to ask: Won’t you please consider applying to be a member of one of our volunteer advisory boards or committees?

Thanks to a change in state law, we’re able to hold most of our advisory board meetings online, so members no longer must travel to Austin to meet. Most terms on the boards and committees last for six years, although some terms may be shorter because a seat has been vacated by a member who was unable to complete their term. There is no financial compensation for membership, but you’ll have the personal satisfaction that comes with serving your fellow Texans. 

The following boards and councils currently have vacancies that may interest you:

• Air Conditioning and Refrigeration Contractors Advisory Board (6-year terms)
  • Official of Municipality with a Population Greater than 250,000 (term expires: 02/01/2029)
  • Official of a Municipality with Population not more than 250,000 (term expires: 02/01/2027)
• Code Enforcement Officers Advisory Committee (6-year terms)
  • Structural Engineer/Licensed Architect (term expires: 02/01/2029)
• Electrical Safety and Licensing Advisory Board (6-year terms)
  • Master Electrician with a statewide association (term expires: 02/01/2029)
• Elevator Advisory Board (3-year terms)
  • Public Member/Disabled (term expires: 11/01/2025)
  • Owner/Manager – Building with Six Stories or More (term expires: 11/01/2026)
• Texas Water Well Drillers Advisory Council (6-year terms)
  • Public Member (term expires: 09/15/2024)

Apply for any of these vacancies. Please also feel free to share this with anyone you think might make a great fit.

I would also like to encourage each of you to review TDLR’s new 2025-2029 Strategic Plan, which was submitted to the Legislature on June 1, 2024. This plan serves as the agency’s roadmap for the next four years, identifying our agency operational goals and action plans and our strategic initiatives for the 89^th Texas Legislature in 2025. I think you’ll find that the information it contains will be of interest to all our licensees and stakeholders.

I look forward to hearing from you and those in your industry in the coming months as I learn all I can about TDLR’s broad range of programs and responsibilities. Please know that I am honored to serve in this position, and that I will do my best to be responsive and open to your concerns.

Sincerely,

Courtney Arbour, Executive Director

We are pleased to announce that our 2025-2029 Strategic Plan is complete and posted to our website. We’ve also posted the Supplemental Schedules that contain information about our agency’s budget structure, performance measure definitions and the results of our customer service survey.  

This plan is the result of months of effort and input from you — our licensees and customers. During this process, we collected more than 6,000 valuable public comments that were essential to TDLR’s efforts to continue improving services for all our customers in this great state.

The TDLR Strategic Plan covers the agency’s priorities for the legislative session that begins in January 2025, including:

• Seeking continued funding for the Legacy Systems Replacement Project. The acquisition of a new licensing system will eliminate the inefficiencies and redundancies of TDLR’s antiquated and disparate legacy systems.
• Providing for an omnibus advisory board clean-up bill that would amend the advisory board language for TDLR-regulated programs that have advisory boards. This would allow TDLR to make the number of members of each board, the types of members, and the terms they serve more consistent, allowing for greater efficiency in the administration, oversight, and support of our 33 advisory boards.
• Creating a statutory provision that allows TDLR to work with the Texas Education Agency to support career and technology education (CTE) programs and explore the development of apprenticeship programs. TDLR would be able to assist with the establishment of career and technology programs focusing on our regulated industries that have large numbers of licensees retiring and that lack newly trained, licensed professionals.

The plan also includes several agency goals during the next four years:

• Procuring and successfully implementing the Legacy Systems Replacement Project to modernize TDLR’s outdated licensing software systems. TDLR currently relies on multiple disparate software systems to carry out its licensing functions. Most of those systems are based on antiquated technologies that are at or near the end of their utility and do not meet modern standards for functionality or security. TDLR inherited many of these systems when the Legislature transferred regulatory programs from other agencies. These multiple disconnected systems present significant roadblocks to operational efficiency, data security, data quality and TDLR’s ability to provide customer service.
• Expanding training and licensing opportunities for career and technical education (CTE) in high schools and community colleges. This summer, TDLR will complete rulemaking for H.B. 1859 and H.B. 1391, 88^th Legislature, to expand training and job opportunities for young people seeking careers in electrical and HVAC fields, and will continue to gather input and feedback from schools, educators, industry members, and legislators about additional opportunities to expand CTE, including Government Code Chapter 51 authority for TDLR to establish apprenticeship programs.
• Successfully implementing a regulatory environment for Electric Vehicle Supply Equipment (EVSE) across the state of Texas to standardize and ensure public safety for this emerging technology.

This strategic plan serves as the roadmap to move us forward into a brighter, stronger future, in service to the citizens and small business owners of Texas, with accountability and integrity in all that we do.

Electric Vehicle Chargers Are Fuel Dispensers

Did you know that fuel dispensers must be accessible for all Texans? When we think of fuel dispensers, we usually think about gasoline. However, electricity is considered an “alternative fuel” under the federal Energy Policy Act of 1992.

For the health and safety of the public, it is in everyone's best interest that we view chargers as fuel dispensers to ensure accessibility for those with limitations.

EV charging stations are therefore scoped under the Texas Accessibility Standards (TAS) requiring one of each type of charger to have accessible parts, such as in reach range compliant with TAS 308.3.1, and be on an accessible route. Types can include speed of charge, type of charging connection to the vehicle, or other differences.

Cooperation With TBAE And TBPELS

One of the longest standing relationships of government collaboration for the Elimination of Architectural Barriers Program is between Texas Department of Licensing and Regulation (TDLR) and the two regulatory agencies for professional designers: the Texas Board of Architectural Examiners (TBEA) and the Texas Board of Professional Engineers and Land Surveyors (TBPELS). 

The Texas Government Code Chapter 469.102 requires that if a design professional is associated with a project, they must submit plans and specifications required under 469.101 within 20 days. Furthermore, part of the Texas Administrative Code Chapter 68.50 indicates that these plans must be included with the TDLR Proof of Submission form. 

Failure to submit the required form within 20 days or not at all will result in TDLR reaching out to the design professionals’ regulatory agency for possible penalties and sanctions.

The U.S. Dept of Energy (DOE) has issued a technology challenge to industry to develop specialized cold-climate heat pumps (CCHPs) that incorporate advanced designs that would operate with greater capacity and efficiency at low outdoor temperatures (below 32°F). 

The performance of conventional heat pumps (HPs) declines in colder climates that have high space heating demands. CCHPs are gaining acceptance in some regions, with support from government, industry, and utility initiatives, but additional efforts are needed to address common technical and market barriers to wider adoption by consumers. Those barriers include performance at temperatures of 5°F and below, installation challenges, and electricity grid impacts during peak demand periods. 

The CCHP Technology Challenge is focused on residential, centrally ducted, electric-only HPs. The Challenge has two segments: one for a CCHP optimized for 5°F (-15°C) operation and the other for a CCHP optimized for -15°F (-26°C) operation. Manufacturers can choose to participate in one or both segments of the challenge.

Challenge submissions are limited to models that meet the following criteria:

• Have a nominal cooling capacity (or nominal heating capacity for a heating only HP) greater than or equal to 24,000 Btu/h and less than or equal to 65,000 Btu/h;
• Meet all of the challenge specification requirements; and
• Comply with all applicable federal and state standards, regulations and laws governing these types of HPs, including compliance with all safety and environmental standards.

The CCHP Technology Challenge website provides additional details, a list of committed manufacturer, state, utility, and industry partners, and regular progress updates.

• Skimmer Inspections: Our dedicated team of TDLR Program Specialists has conducted more than 3,100 credit card skimmer inspections since the inception of the Fuel Metering and Quality (FMQ) program. Through our efforts, we've identified and reported almost 1,000 instances of credit card skimmers to the Financial Crimes Intelligence Center (FCIC).
• Consumer Protection: We continue to prioritize consumer safety by working closely with fuel station owners/operators, service companies, and technicians to implement measures that safeguard against credit card skimming activities.
• Facility Protection: We also provide cost savings to businesses due to the removal of deep insert skimmers. These skimmers can lead to significant financial losses and damage to a business's reputation. By effectively detecting and removing them, not only are we protecting consumers, but we're also safeguarding the interests and finances of businesses.
• Device Performance Reviews (DPR): A reminder of the importance of DPRs in ensuring accurate fuel transactions and compliance with TDLR state regulations. DPRs involve comprehensive inspections and testing of motor fuel metering devices to maintain calibration and operational standards. Learn more about DPR.  

Spotlight: Understanding Credit Card Skimmers

• What are credit card skimmers?  A skimmer is an electronic device that criminals can attach to the inside or outside of a Gas Pump, ATM, or Point of Sale terminal.

• How do criminals use skimmers to steal payment card information? Skimmers are malicious devices installed on card readers, primarily at places like ATMs or gas pumps. Their sole purpose is to capture and store payment card information when customers use them for transactions. Once criminals obtain this data, they can exploit it in numerous ways, including making unauthorized purchases, committing identity theft, or even selling the information on the black market. Skimming incidents pose significant risks to consumers and can result in financial loss and compromised personal information.

Different Types of Credit Card Skimmers:

• Inline – A skimmer connected to the electrical ribbon tape lines inside the fuel pump.
• Built in Card Reader – A skimmer that is hardwired into the fuel pump's card reader.
• Overlay – A skimmer built into a fake pin pad or credit card reader placed over the existing fuel pump's pin pad and/or card reader.
• Deep Insert – A skimmer that is inserted into the fuel pump's credit card reader.

Some skimmers are bluetooth-capable (if equipped), allowing data to be exchanged or collected between a fixed and a mobile device over a short distance.

Fuel Station Legal Requirements And Responsibilities

State laws mandate fuel station owners and operators and technicians to take proactive measures to protect consumers, including mandatory reporting of credit card skimmers and implementation of device security measures.

Service technicians are required to inspect for skimmers during performance testing and meter calibration, and report findings to the owner/operator and TDLR within 24 hours.

Owners/operators must immediately notify law enforcement, disable affected dispensers, and report discoveries to TDLR within 24 hours using the online webform.

How Consumers Can Protect Themselves From Credit Card Skimming At Fuel Stations

• Avoid pumps that do not look well maintained or that show signs of tampering.
• Check for signs of tampering, including pinhole cameras positioned over the PIN pad used to capture your zip code and pin number.
• Wiggle the PIN pad to ensure that it's firmly attached and check that the card reader also is firmly attached.
• Opt for using a credit card instead of a debit card whenever possible. If you must use your debit card, choose the "credit" option for added security against fraud and better purchase protections.
• Use chip card-enabled pumps. An enabled pump will ask you to keep your card inserted until the chip is read. If the pump tells you to remove the card quickly, it's not a chip-enabled pump.
• Always use "tap to pay" if available at the pump or use a payment app if possible.
• If you notice anything unusual or suspicious during the transaction, don't hesitate to report it to the authorities. You can report it to TDLR by using the QR code on the TDLR Consumer Information Sticker on the pump. Your vigilance can help prevent fraud and ensure a safer experience for everyone.

Key Safety Points For Outdoor Receptacles And Wiring Near Water

• Before using an outdoor receptacle, check to make sure it is protected with a ground fault circuit interrupter (GFCI) and that the GFCI is working properly. You can do this by pushing the test button on the receptacle or on the overcurrent device (breaker) inside the electrical panel. If it is not performing properly, TDLR recommends calling a Texas Licensed Electrical Contractor for services needed.
• Any electrical wiring that is within 20 feet of a swimming pool should have protection from a GFCI -- INCLUDING UNDERWATER LUMINAIRES (POOL LIGHTS)!
• Make sure overhead electrical lines do not pass over the pool. In fact, it’s best to keep your pool at least 25 feet away from power lines in all directions.
• Allow at least 18 feet of clearance between overhead power lines and a diving board, deck, platform, slide, or observation area. Never build an in-ground pool or set up an above ground pool over underground electric cables.
• Pools and pool decking should be installed at least 5 feet away from all underground utility lines.
• Except for specially designed lighting fixtures, don’t put electrical fixtures or receptacles within 5 feet of a pool.
• Be sure to comply with any local building codes that may provide more stringent guidelines than the ones that have been listed.

Electrician Program Staff Updates

Josh Hall joined TDLR as the Deputy Chief Electrical Inspector on June 3, 2024. Josh has extensive knowledge in the electrical industry, holds a Master Electrician license, numerous ICC certifications, a Master Electrical Inspector Certification through IAEI, and has been in a municipal electrical inspector position for years.

We are glad to have him join TDLR.

IHB Outreach

Communication with Texas municipalities regarding state modular requirements is essential for TDLR to ensure uniformity, compliance, and safety within the modular community.

The IHB Team uses proactive outreach to disseminate crucial updates, clarify ambiguities, and provide guidance on code interpretation, fostering a shared understanding among local authorities. This collaborative approach not only promotes consistency in code enforcement but also empowers municipalities to address unique challenges and local conditions effectively.

As part of its outreach program, the IHB Team attended the annual North Texas Building Professional Institute in May.

Program Specialist Crisi Cooper's presentation on “Modular Construction in Your Community” received excellent feedback. During the presentation, Crisi and the team provided valuable insight and addressed all questions and concerns from local area building officials, inspectors and permit technicians pertaining to modular construction.

Preventing Elevator Accidents

Although elevators are one of the safest modes of transportation, do not assume everything is working properly. Instead of looking at your mobile device, pay attention to your entry and exit path to prevent tripping or stumbling.

• When entering an elevator, allow passengers inside the cab to exit before entering. When passengers are delayed from exiting the cab, the timing of the doors to close can expire and they'll start to close even if you have your hand on the vertical strip door detector. At that point, the only way the doors will reverse is to push the “Door Open" button inside the car. This has occurred many times with some injuries caused to passenger’s hands.
• When entering or exiting an elevator, do not stand across the threshold of the elevator with part of your body inside the elevator and the rest outside of the elevator. Enter and exit in one movement. An elevator can readjust the floor level when many passengers are exiting due to rope strength of the cables, which may cause the elevator to re-level to floor level. Movement of the elevator while the doors are still open can lead to passengers losing their balance, tripping over the floor sill, or even death or dismemberment.

Preventing Escalator Accidents

Simple safety precautions can prevent many injuries on escalators.

• Know the rules and pay attention to signage before entering an escalator: NO strollers, large suitcases, two-wheel dollies, or cell phone usage for the short time you are riding the escalator. Any item that would impair your vision of the area in front -- like shopping bags, etc. could create an issue.
• When entering the escalator, step on a full step to prevent falling. Once on the escalator, place both hands on the handrails to support yourself in case the escalator stops suddenly.
• Remember to place feet apart with one foot slightly in front of the other to assist in your balanced position in case the escalator jerks or stops suddenly.
• Strollers and suitcases or dollies can get wedged sideways and can cause stumbling or injuries. Many accidents occur when the stroller wedges sideways and ejects an infant from the stroller.
• Being unable to see in front of you means you can't see if passengers exiting the escalator have stopped in the exit zone, causing a pileup of passengers trying to exit.
• Wait until you exit the escalator before using your cell phone.

TDLR Is Now Conducting Mold Inspections

Regulation of mold-related activities such as mold assessment and remediation by the Department of State Health Services (DSHS) began in Texas in 2005 with the passage of House Bill 329. Regulation of mold assessment and remediation was transferred to TDLR in 2017 with the passage of Senate Bill 202, although DSHS continued to perform mold inspections for TDLR until recently. 

In 2024, TDLR’s Compliance Division began conducting regulatory inspections of mold-related activities regulated by TDLR and based on our mold notification system.

The mold inspection team has automated and improved the TDLR inspection process and is informing all mold remediators and assessors of these changes, including awareness of what to expect during these inspections as seen below.

TDLR Information For Mold Assessors and Remediators

• What to expect during a mold inspection. 
• Sign up for email updates regarding the Mold Assessment and Remediation Program.

TDLR Out and About…Say Howdy When You See Us!

Throughout the year, TDLR can be found at different conferences and trainings all over the state.

In the last six months, you might have seen Program Specialist Stewart Myrick at the Texas Environmental Health Association South Texas and Central Texas Chapter Conferences, at the Code Enforcement Association of Texas Conference, or the North Texas Building Professional Institute.

At these conferences, Stewart is happy to greet code enforcement officers, answer registration questions, and even give away free swag. So, if you plan to attend an upcoming professional conference, keep an eye out for Stewart at the TDLR booth.

To find disciplinary actions taken on complaints filed with TDLR, visit the TDLR Administrative Orders Search page.

You can search by name, license number, location, or by program. All disciplinary actions posted on the TDLR website are final actions taken by TDLR. No actions taken by previous licensing boards or agencies are included.

For information on why specific violations of the law or rules might fall into a certain penalty range, please see TDLR's Enforcement Plan.

What about license denials?

License denials and revocations are included. If an application denial is based on criminal history, you can find information on why that criminal history was relevant in the program’s Criminal Conviction Guidelines.

Please take a moment to subscribe to TDLR’s Email Updates to receive important information about programs of interest and upcoming Commission and board meetings, including meeting agendas.

Unless otherwise noted, all advisory board meetings are held via videoconference. You can view live broadcasts or archived meetings in TDLR's YouTube channel. Meeting notices, agendas and staff reports are posted on the TDLR meetings page.

• The Texas Commission of Licensing and Regulation is scheduled to meet on Tuesday, July 23, 2024 at 8:30 a.m. The meeting will take place at 1106 Clayton Lane, Suite 125E, Austin, Texas, and will be broadcast on TDLR's YouTube channel. When the agenda is available, it will be posted online.

Please file a complaint with TDLR alleging unlicensed practice if you have evidence that a person or business with a revoked license is continuing to advertise or perform services that require a license in Texas.

HOW TO FILE A COMPLAINT

You can file a complaint online for most TDLR programs. 

Although TDLR accepts anonymous complaints, you must provide your name and contact information when you submit the complaint if you want to receive information about the status or progress of your complaint.

Please note that if your complaint does not allege a violation of the law or rules or does not include enough information for TDLR to investigate the allegations, TDLR will not open a complaint.

Read more about TDLR's complaint investigation and resolution process.