Happy new year! I hope you and your families enjoyed a meaningful holiday season and that 2025 will be filled with health and prosperity for each of you.

Here in Austin, our hard-working TDLR staff members are gearing up for what promises to be an active legislative session. Every two years, our state legislators gather to consider thousands of pieces of legislation that potentially affect each of our 38 programs. Please read the article just below mine for more information on how TDLR monitors bills and how you can learn more about legislation that might interest you.

As I mentioned in my last note to you, more than 200 of your fellow Texans currently serve as members of one of our 31 advisory boards and committees. I admire their commitment to making TDLR better by providing technical knowledge and industry expertise. They need some help - won't you consider applying to be a member of one of the following boards or committees?

• Air Conditioning and Refrigeration Contractors Advisory Board (6-year terms)
  • Official of Municipality with a Population Greater than 250,000 (term expires: 2/1/2029)
  • Building Contractor, member of statewide association (term expires: 2/1/2029)
• Board of Boiler Rules (6-year terms)
  • Person who owns or uses a boiler (term expires 1/31/2025)
• Code Enforcement Officers Advisory Committee (6-year terms)
  • Structural Engineer/Licensed Architect (term expires: 2/1/2029)
  • Registered Code Enforcement Officer (term expires: 2/1/2027)
• Elevator Advisory Board (3-year terms)
  • Owner/Manager – Building with Six Stories or More (term expires: 11/1/2026)
• Texas Water Well Drillers Advisory Council (6-year terms)
  • Public Member (term expires: 9/15/2030)

Thanks to a recent 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. 

Please apply for any of these vacancies. Please also feel free to share this with anyone you think might make a great fit, even if you're not able to participate.

Sincerely,

Courtney Arbour, Executive Director

Please welcome Susanna Holt-Cutrone, our new Deputy Executive Director for Regulatory Services. Susanna leads the Enforcement, Field Inspections and Compliance Divisions. 

Susanna formerly served as Deputy General Counsel at the Texas Workforce Commission, where she oversaw litigation and employment law issues. Prior to that, she served as Director of Human Resources Management providing leadership over the HR, training and development functions.

Susanna completed the Governor’s Executive Development Program through the LBJ School of Public Affairs at the University of Texas at Austin. She has also been a civil litigator with the Office of the Texas Attorney General in the Consumer Protection Division and is a graduate of Baylor Law School and the University of California, San Diego.

On January 14, 2025, the Texas Legislature convened in Austin to inaugurate the 89th Regular Session. In accordance with the Texas Constitution, lawmakers gather every other year for 140 days to conduct the business of the Great State of Texas. The regular session is scheduled to end June 2, 2025.

Throughout this session, you can keep up with legislation that may impact the building and professional trades by visiting TDLR’s 89th Texas Legislature webpage. There you will find bills listed by program that may have some affect or be of interest to you and those in your industry.

Clicking on the bill number in blue text will take you to the Texas Legislature Online (TLO) page for that bill. You can read the text and history of the bill and find out where it is currently in the legislative process. The TLO website offers some very helpful resources for learning about how to follow a bill: How to Follow a Bill Using TLO

As always, TDLR’s government relations team and executive leadership will be following the action at the Legislature closely, and we will do our best to keep your advisory boards and stakeholders in the loop on any pending legislation. Please feel free to reach out to us with any questions on legislation at government.relations@tdlr.texas.gov and we’ll be glad to get answers to you.

One of the most common violations of accessibility for construction projects involves the number of toilet rooms and bathing rooms required. The easiest way to avoid this violation is to know the difference between a toilet or bathing room with compartments versus individual toilet or bathing rooms clustered together. 

The Department considers a toilet or bathing compartment to be partitioned or walled-off spaces that are located within a larger room.

• When several individual toilet or bathing rooms are provided along a corridor or non-sectioned room, they are considered clustered but not compartments. 
• When toilet or bathing compartments are provided, the Texas Accessibility Standards (TAS) require only one compartment to be accessible.
• If individual toilet or bathing rooms are provided together, 100% of the rooms provided must be accessible. 

It is important to note that exception #4 to TAS 213.2, which requires only 50% of toilet rooms to be accessible in lieu of the 100%, cannot be applied to bathing rooms.

Accurate volume measurement is the core of a fair and equitable motor fuel commercial transaction.

Modern motor fuel metering devices operate with precise and reliable components to deliver accurate fuel quantities. But even the best equipment needs to be maintained. That’s why every two years TDLR requires each registered motor fuel metering device have a Device Performance Review (DPR) performed by a licensed service technician working for a licensed service company to verify compliance with state regulations, NIST Handbook specifications and tolerances, and manufacturer specifications.

DPRs ensure the integrity of crucial commercial motor fuel sales to both the Texas consumer and to motor fuel dealers with volume calibration testing, verification of safety standards, skimmer inspection, and more. As long as the service company and its service technicians are licensed with TDLR, motor fuel dealers can use their services to comply with state DPR regulations.

Key Motor Fuel Metering Device Security Options to Combat Credit Card Skimmers

TDLR has an interest in not only identifying and removing skimmers but also preventing skimmers from being installed.

If not already equipped with at least two of the items listed below, as of January 1, 2024, owners or operators of fuel pumps are required to install new security measures to protect their devices from tampering, as required by Texas Admin. Code §97.31.

These new rules went into effect on September 1, 2023, and were necessary to implement House Bill 2106, 87th Legislature, Regular Session (2021), related to payment card skimmers on motor fuel devices. Texas Admin. Code §97.31 requires owners and/or operators to put into operation, if not already equipped, at least two of the following measures by January 1, 2024:

• Replace each factory installed universal locking mechanism with a locking device that uses a unique device-specific or site-specific key code or combination;
• Use tamper-evident security labels that must:
  • be placed over each panel opening that provides access to an interior portion of the device where the payment terminal or the device can be accessed;
  • have a unique serial number or unique custom label or easily identifiable custom label or graphic; and
  • be replaced if damaged, perforated, or peeled;
• Install a physical barrier, lock, or other physical securing device that restricts access to the device’s electronic financial transaction compartment;
• Install and maintain monitoring devices or sensors on all doors or panels that provide access to an interior portion of the device and associated payment terminal components. The monitoring device must emit an audible alarm and/or disable the device when unauthorized access is attempted;
• Retrofit, upgrade, or replace each device with an enabled EMV-compliant payment terminal that meets the security, interoperability, and functionality specifications issued by EMVCo, LLC; or
• Install and maintain a high-resolution video camera system and forecourt lighting. To meet these requirements:
  • the video camera system must record the forecourt area at all times, and the system must retain all videos for 30 days or more. Cameras must be positioned to record:
    • each device;
    • the license plates of vehicles approaching or departing the immediate area around each device; and
    • any person interacting with each device at a pixel density of at least 50 pixels per foot; and
  • lighting must be bright enough to ensure a minimum illumination of 10 lumens per square foot at grade.

Demonstrate Proficiency in the Inspection of Electrical Installations. Earn Your Certified Electrical Inspector (CEI) Certification.

The Certified Electrical Inspector (CEI) certification showcases your expertise in the inspection of electrical installations during construction, modification, and repair to ensure that the plans, documents, workmanship, and materials conform with applicable code requirements.

It allows you to demonstrate your competency to identify and explain applicable electrical safety requirements, perform tasks related to electrical inspections, and show employers that you are able to communicate with contractors, engineers, architects, homeowners, and others about electrical code requirements.

TDLR’s own Chief Electrical Inspector Larry Reichle was part of the committee that created this certification along with other industry professionals. He has obtained his certification and Deputy Chief Josh Hall has passed his exam.

For more info on how to apply for certification visit https://www.nfpa.org/for-professionals/certification/cei.

TDLR recently finished a complete re-write of the Texas Boiler Rules. While there were several new requirements, TDLR also re-organized the existing rules to be similar to the rules for other programs regulated by TDLR.

New Rules For Power Boilers; Late Fees Added:

Starting May 1, 2025, all Power Boilers installed in Texas will require a Blowdown Separator or Blowdown Tank installed with all drains from the boiler connected.

Starting December 1, 2025, TDLR will start charging a late inspection fee for boilers that are not inspected by the expiration date of the current Certificate of Operation. The fee schedule is as follows:

• $25.00 per day for the first 30 days past the expiration date listed on the Certificate of Operation
• $50.00 per day for days 31 through 60 past the expiration date listed on the Certificate of Operation
• $100.00 per day for days 61 and longer past the expiration date listed on the Certificate of Operation.

Revision Regarding Carbon Monoxide Detectors:

The current requirement for installing a Carbon Monoxide (CO) Detector and interlocking it with the boiler to secure the burners of the boiler when 50 parts per million (ppm) is sensed has been modified to allow the boilers burners to continue to operate until a level of 200 ppm is reached. This allowance is only permitted when the CO Detector is remotely monitored, and the detector goes into alarm notifying the person monitoring the system that CO has reached a level of 50 ppm.

Occasionally, TDLR receives inquiries from code enforcement officers regarding on what violations they're permitted to issue citations for.

While program rules explain how to become registered and how to conduct oneself, the rules do not elaborate on specific code violations citations they're authorized to issue because that is up to the local jurisdiction where the officer is working. Make sure to work with your city or county authority on possible code citations, especially as they may differ from location to location. You can find out more about the program rules on our website.

"Fun" with Refrigerants

TDLR's ACR Compliance staff share the same concerns as licensed contractors and members of the public regarding the uncertainly of the code changes covering the usage and storage of A2L refrigerants. 

Refrigerant R22, first used as an air conditioning refrigerant in the early 1950s, had a long useful lifespan until about 2010, when equipment could no longer be manufactured using this refrigerant. The replacement refrigerant of choice for air conditioning R410A, developed in the early 1990s, has been used almost exclusively by manufactures since 2010. 

Now the phase-out of R410A, which had less than half of the useful life of R22, brings new concerns to the ACR community. From code changes, flammability, storage, refrigerant useful life uncertainties, and others concerns, this new version of “fun with refrigerants” will be more challenging than the phase-out of CFC refrigerants that occurred in the 1990s. 

TDLR welcomes comments and questions as they arise from the public and licensed contractors alike. Together as an industry we will conquer these changes as they occur.

Required Seminars Coming Soon

Our Elevator Program staff have been actively engaged in developing significant updates to our program's rules and laws. We have proposed various amendments to the Rules and Regulations outlined in Chapter 74 and Chapter 754 and implemented administrative changes to our Elevator and Escalator Investigation procedures.

To support these changes, we have introduced a new seminar aimed at training all inspectors on the updated administrative processes and testing procedures. These seminars will commence soon and will be held monthly, with each inspector required to attend one session per year via webinar. This approach ensures all inspectors are familiar with the necessary documents and guidelines for witnessing testing procedures.

We are currently establishing audits to verify that all procedures, testing, and documentation are accurately completed and submitted. These updates will reduce staff time spent on administrative inquiries and ensure inspectors consistently provide accurate information on all documentation -- and help prevent report errors and plan review issues that require additional corrections and resubmission by customers.

We remain committed to continuously improving our processes and procedures to enhance the safety of the riding public and achieve our program goals efficiently.

Did You Know? A licensed mold remediation contractor (MRC) must obtain a mold remediation protocol from a licensed mold assessment consultant (MAC) prior to performing any mold remediation.

Staff/program updates:

There have been a lot of changes to the Mold Assessors and Remediators program here at TDLR in the past year. All technical inspections formerly were handled by a third-party contractor for the state. Recent changes now have these functions reside fully within TDLR and we have hired three people to join the Mold Assessors and Remediators program as Environmental Protection Specialists:

• Jorge Vega
• Travis Stucker, and
• James Brannin.

These new staff members are eager to improve the safety, education, training, and public outreach for the program. 

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.

TDLR employs people in a wide variety of professional, administrative and technical positions and provides a total compensation package that enables us to attract, motivate, and retain highly skilled and talented employees.

Our employees also enjoy agency and state benefits and the opportunity to contribute toward TDLR's vision of being the leader in public service by creating innovative, low cost and regulatory best practices, and cultivating employees who provide exceptional customer service.

TDLR is a proud member of the We Hire Vets employer recognition program, which identifies Texas employers whose workforce consists of at least 10% military veterans.

Check out the positions we have available. Didn't see anything that's right for you? You can sign up to receive emailed notifications when we add job openings.