The Texas Attorney General has issued an opinion favorable to one of Mark’s Clients. The Texas Plumbing Board had redefined “plumbing” in way purporting to make it illegal for licensed home inspectors to perform sewer scope inspections.

Working with local counsel, Bill Cobb, the client’s legal team asked Rep. Poncho Nevarez to request an opinion from the Texas Attorney General on the legality of the Plumbing Board’s actions, contending the Plumbing Board had exceeded its authority. The client submitted a brief to the Attorney General.

On March 16, 2020, the Attorney General issued an opinion concluding, “To the extent this rule requires a real estate inspector to get a plumber’s license to do a job within the scope of his or her real estate inspector’s license, the rule impermissibly imposes an additional burden, limit, or condition in addition to what the Legislature has required.”

The opinion is a victory for home inspectors across the nation, as plumbing boards in several states have attempted to similarly redefine plumbing. It is also a victory for consumers, who will benefit from increased competition in the market for sewer scope inspections.

Mark Cohen served as the General Counsel to the International Association of Certified Home Inspectors for fourteen years and now serves as Special Counsel to Residential Warranty Services.