Licensing issues can threaten everything you’ve built as a Texas electrician, especially when the Texas Department of Licensing & Regulation (TDLR) initiates an investigation or disciplinary action. At Bertolino LLP, our experienced electrician license defense attorneys step in to protect your interests from the very start.
We review the specific issues in your case, develop a strategic plan to address them, and provide the strong legal advocacy needed to safeguard your license and your livelihood. Whether you’re facing a complaint, a potential violation, or formal disciplinary proceedings, having legal counsel by your side can make all the difference.
Texas electricians are subject to certain work and conduct standards that TDLR monitors and enforces. Violation of these standards can lead to disciplinary proceedings before TDLR.
Licensure Standards
Some of the most common licensure violations that lead to disciplinary action include:
- An electric company or business fails to hold the appropriate Texas Electrical Contractor License (TECL) for performing or offering to perform electrical work;
- An individual fails to renew his or her license in a timely fashion; and
- Failure to attach a Master Electrician to a license.
Advertising Standards
Electricians are also subject to certain advertising rules. Some of these advertising rules include:
- Failure to display TECL numbers and company names on both sides of all work vehicles;
- Failure to display TECL numbers and TDLR contact information on all invoices and proposals; and
- Engaging in false, misleading, or deceptive advertising, or advertising that does not clearly display the licensee’s state license number.
Standards of Conduct
Under 16 Tex. Admin. Code §73.70, electricians must follow specific standards of conduct, including the following:
- Licensees must provide all licensed electrical work through a licensed contractor or employing governmental entity;
- Licensees shall accurately and truthfully represent their capabilities and qualifications to any prospective client or employer;
- Licensees shall not offer or perform technical services for which the licensee is unqualified without securing the services of a qualified person;
- Licensees shall not evade responsibility to a client or employer;
- Licensees shall not agree to provide services in cases involving a significant conflict with financial or other interests that might impair:
- The obligation to render a faithful discharge of such services; or
- Independent judgment in rendering such services;
- Licensees should withdraw from employment if they cannot faithfully discharge the duty and performance of services owed to the client or employer, after giving reasonable notice;
- Licensees shall not misrepresent the amount or extent of prior education or experience to any employer, client, or TDLR;
- Licensees shall not hold out as being engaged in partnership or association with anyone unless it exists in fact; and
- Licensees must comply with all laws and regulations governing electricians while working in the state.
Standards of Conduct for Electrical Work
16 Tex. Admin. Code §73.60 outlines additional standards of conduct concerning electrical work. Essentially, all licensees engaging in electrical work must be competent, exhibit integrity, and comply with all relevant laws, rules, and codes. These responsibilities include:
- Knowing all laws, rules, and codes;
- Exercising reasonable judgment and skill in all work performed;
- Being honest and trustworthy in all work performed;
- Avoiding misrepresentation and deceit in any fashion, including threats, coercion, or extortion; and
- Having a primary interest in compliance with all laws, rules, and codes.
Additionally, licensees may not participate in any plan or scheme to evade any laws, rules, codes, or these standards of conduct. Licensees also must not furnish inaccurate, deceitful, or misleading information to the TDLR, a consumer, or any other person while performing work. Finally, licensees may not engage in any activity constituting dishonesty, misrepresentation, or fraud.
Disciplinary Actions for Violations
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Licensees can face various consequences for violating the laws, rules, and standards of conduct governing their profession. 16 Tex. Admin. Code §73.90 states that TDLR may impose administrative penalties, sanctions, or both against licensees who commit violations. TDLR publishes a matrix of violations and presumptive sanctions to help licensees better understand the potential repercussions of a violation that may lead to disciplinary action by TDLR.
Frequently Asked Questions (FAQ)
What triggers a TDLR investigation into an electrician’s conduct or work practices?
TDLR may open an investigation after receiving a consumer complaint, a report from another professional, or information suggesting that an electrician may have violated licensing, advertising, or conduct standards. Sometimes investigations begin because of paperwork issues such as missing contractor numbers or expired licenses while others stem from concerns about the quality of work, honesty, or compliance with safety codes. Even minor issues can escalate if not addressed promptly, which is why early legal guidance is so valuable.
Can an electrician face disciplinary action for mistakes made by employees or subcontractors?
Yes. Electrical contractors and master electricians are responsible for ensuring that all individuals performing electrical work under their supervision are properly licensed and compliant with state rules. If an apprentice, journeyman, or subcontractor performs unlicensed work, misrepresents qualifications, or violates safety standards, TDLR may hold the supervising licensee accountable. Strong oversight, documentation, and training practices help reduce this risk.
What types of penalties can result from a TDLR disciplinary case?
Penalties vary widely depending on the nature and severity of the violation. TDLR may issue administrative fines, require corrective actions, place restrictions on a license, or suspend or revoke the license entirely. The agency uses a published penalty matrix to guide these decisions, but outcomes can differ based on the facts of each case. Responding thoroughly and strategically, ideally with experienced legal representation, can significantly influence the final result.
Get Trusted Legal Support to Safeguard Your Electrician License
When your ability to work as a Texas electrician is threatened, whether by licensing obstacles or a complaint that could jeopardize your livelihood, you need experienced legal counsel in your corner.
The electrician license defense attorneys at Bertolino LLP understand the high stakes and what these proceedings can mean for your future. Our team is committed to protecting your rights, defending you against disciplinary action, and advancing your best interests at every stage of the process. Contact Bertolino LLP today at (512) 980-3751 or visit us online to get the dedicated representation you deserve.
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