1. (a) Offer to Perform Services. The Licensee:

   1. (1) shall accurately and truthfully represent to any prospective client or employer, his or her capabilities and qualifications to perform the services to be rendered;
   2. (2) shall not offer to perform, nor perform, technical services for which he or she is not qualified by education or experience, without retaining the services of another who is so qualified; and
   3. (3) shall not evade responsibility to a client or employer.

2. (b) Conflicts of Interest. The Licensee:

   1. (1) shall not agree to perform services if any significant financial or other interest exists that may be in conflict with:

      1. (A) the obligation to render a faithful discharge of such services; or
      2. (B) would impair independent judgment in rendering such services;
   2. (2) shall withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client or employer, but then only upon reasonable notice to the client or employer; and
   3. (3) shall not accept remuneration from any person other than the client or employer for a particular project, nor have any other financial interest in other service or phase of service to be provided for the project, unless the client or employer has full knowledge and so approves.

3. (c) Representations. The Licensee:

   1. (1) shall not indulge in advertising that is false, misleading, deceptive, or which does not clearly display the licensees' state license number;
   2. (2) shall not misrepresent the amount or extent of prior education or experience to any employer or client, or to the Board;
   3. (3) shall, when providing estimates for costs or completion times of a proposed project, represent to a prospective client or employer as accurately and truthfully as is reasonably possible the costs and completion time of the proposed project; and
   4. (4) shall not hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact.
4. (d) Compliance with Board Orders. The Licensee shall comply fully with all Board Orders.

5. (e) Responsibilities of Plumbing Licensees outside municipal limits.

   1. (1) The responsibilities of Licensees outside the municipal limits of any organized city, town or village in this state, or within any such city, town or village of less than 5,000 inhabitants are the same as those responsibilities within any city, town or village in excess of 5,000 inhabitants.
   2. (2) In areas where no plumbing code is adopted one of the state approved codes shall be followed by the Licensee.

Source Note:The provisions of this §367.2 adopted to be effective August 25, 1993, 18 TexReg 5400; amended to be effective June 2, 1994, 19 TexReg 3931; amended to be effective December 5, 1996, 21 TexReg 11486; amended to be effective January 30, 2001, 26 TexReg 975.