Being notified that your electrician license is subject to a complaint or allegations arising from licensing violations can leave many grasping at what to do next. Obtaining and maintaining credentials with the Texas Department of Licensing Regulation (TDLR) takes an immense effort of time and money, allowing you to earn a living for your family. Although some may brush off the news of pending disciplinary action, it is a grave mistake as the TDLR will levy sanctions.
When state authorities discipline Texas electricians, it can have severe implications for daily life. Unfortunately, even seemingly minor breaches of TDLR regulations can lead to:
- Administrative fines that take away your hard-earned money
- Probationary measures that restrict your ability to work
- License suspension that leaves you without a job for up to a year
- Losing the ability to work as an electrician in Texas and other states with license revocation
Although allegations may give electricians enormous cause for concern, there are opportunities for licensees to defend themselves. However, the path to a robust defense and remaining licensed starts by reaching out to seek professional assistance before the TDLR acts.
The Lento Law Firm Professional License Defense Team stands prepared to protect your ability to work as an electrician in Texas. Even though fines and warning letters are common, license suspension and revocation are at the TDLR's disposal. Whether you're managing the complaint process, disciplinary hearings, or filing appeals, we can provide the assistance needed to protect your livelihood. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
Texas Department of Licensing and Regulations
In Texas, only an electrician licensed by the TDLR can do "electrical work," meaning "installing, maintaining, or extending an electrical wiring system…in, on, outside, or attached" to buildings or properties. Likewise, a licensed electrician is required for "the connection or disconnection of a residential appliance, including a pool-related electrical device, to an existing electrical circuit other than by inserting or removing a plug from an electrical outlet."
Texas has many types of licenses for electrical work, split between individual and business certifications, which include different levels of competency and responsibility. Those individuals include the following:
- Apprentice Electrician
- Apprentice, Electrical Sign
- Journeyman Electrician
- Journeyman Industrial Electrician
- Journeyman Lineman
- Journeyman Sign Electrician
- Maintenance Electrician
- Master Electrician
- Master Sign Electrician
- Residential Appliance Installer
- Residential Wireman
For businesses, licenses include credentials for electrical contractors, electrical sign contractors, and residential appliance installation contractors. All tasks electricians perform require one of the licenses issued by the TDLR. Moreover, there are minimum liability insurance coverage requirements for licenses issued to businesses, including meeting statutory requirements for workers' compensation coverage.
Working outside TDLR guidelines or the National Electrical Code is strictly prohibited. Whether workers are operating outside of their educational or occupational levels, state authorities can levy disciplinary action. However, there are exceptions.
Exemptions to TDLR Oversight
Although Texas requires licensed individuals to install, maintain, or disconnect electrical systems and the equipment they're attached to, the TDLR exempts employees in dozens of professions, such as:
- College and university maintenance employees
- Mining operators
- Telecommunications technicians
- Government contractors
- Utility personnel
- Elevator and escalator specialists
Homeowners are also exempt, given they are performing electrical work on a dwelling that both own and reside in. The same does not apply to landlords.
Additionally, those who perform electrical work on "class 1, 2, or 3 remote control, signaling, or power-limited circuits, fire alarm circuits, optical fiber cables, or communications circuits" are not required by the state to be licensed. For instance, landscapers who perform electrical work on low-voltage exterior lighting, excluding power sources.
Critically, even though there are numerous situations where those doing electrical work are exempt, they can face punishment from the TDLR for doing electrical work without a license. For example, plumbers who work with existing electrical systems without a license cannot perform any work for others outside of the plumbing profession.
Electrician Standards of Conduct
Texas electricians play a crucial role in maintaining the safety and functionality of electrical infrastructure across residential, commercial, and industrial settings. Although education and experience are vital to the profession, the state also enforces strict standards of conduct.
The TDLR, in conjunction with the Electrical Safety and Licensing Advisory Board (ESLAB), centers its standards for licensees on three primary characteristics:
- Competency: obligation of the licensee to exercise reasonable judgment and skill in performing all duties and work performed.
- Integrity: licensees must be honest and trustworthy and avoid misrepresentation or deceit, whether by acts of omission or commission
- Interest: licensed electricians must remain compliant with TDLR guidelines and are bound by duties to clients
The TDLR requires licensees to accurately and truthfully represent their capabilities and qualifications to any prospective client or employer, as well as always displaying a license number in the appropriate size. One of the more common reasons licensees find themselves in violation of state guidelines is an improper display of a license number. Importantly, an electrical contractor, electrical sign contractor, and residential appliance installation contractor must display their business name and the number of the license issued on each vehicle owned.
Among the TDLR's standards of conduct are prohibited acts. Although it's not an exhaustive list, and the governing body has the discretion to investigate other misconduct, the following are examples:
- Offering or performing services for which the licensee is not qualified
- Evading responsibilities agreed upon to a client or employer
- Agreeing to perform services if any significant financial or other interest exists that may be in conflict with obligations to render faithful discharge of services or impair independent judgment
- Engaging in false, misleading, or deceptive advertising
- Holding out as being engaged in partnership or association with any person without such relationship existing
Maintaining the TDLR's standards is essential for remaining licensed. However, that doesn't mean there aren't breaches of conduct. For instance, in 2024, the TDLR fielded over 54,000 complaints into Texas electricians, all of which received an investigation.
Formal Investigations
The TDLR Enforcement Division takes complaints (consumer or department) into violations of applicable Texas statutes, governing rules, and the National Electric Code. When it receives a complaint, it initially determines if the TDLR has jurisdiction and whether there is reason to believe the complaint is evidence that a violation occurred.
While the TDLR primarily oversees the investigation, and matters are usually referred to ESLAB—which serves in an advisory capacity. If there is insufficient evidence of a violation, TDLR will close the complaint, but if there is, it will open a formal investigation into the matter.
The TDLR will notify both the complainant and the electrician who is the subject of the complaint (respondent) of the opening of the investigation. An investigator assigned to the case may interview the parties and gather relevant evidence. The TDLR Field Operations Division also performs an on-site investigation if necessary. Following the inquiry, the findings are reported to a state prosecuting attorney, who decides whether to close the case, issue a warning letter without further action, or pursue formal discipline through an enforcement plan.
TDLR Enforcement Plan
Proceeding with formal action, the prosecutor issues a Notice of Alleged Violation (NOAV) seeking administrative penalties and possible sanctions against the respondent. Factors considered by the prosecutor in determining the amount of penalty or level of sanction include:
- The severity of the violation
- Whether the violation was willful or intentional
- Whether the respondent acted in good faith to avoid, mitigate, or correct the violation
- Previous disciplinary action and TDLR investigations
- The risk of re-offense by the licensee
NOAVs often contain a settlement offer. If an agreement is reached, an Agreed Order is issued by the TDLR Executive Director and typically requires the respondent to do certain things, such as:
- Paying an administrative penalty
- Providing restitution to consumers
- Completing additional education
- Having a restricted or suspended license
The respondent's efforts to comply with the terms of an Agreed Order are monitored by the Enforcement Division until the requirements are completed. If the licensee does not agree with the order, the TDLR Executive Director issues a Default Order in the run-up to a hearing before the State Office of Administrative Hearings (SOAH). Electricians can also request a hearing within 20 days of receiving the NOAV.
Contested Case Hearings and Final Orders
During a contested case hearing, an Administrative Law Judge (ALJ) will conduct proceedings. Licensees have the right to testify, call and question witnesses under oath, and introduce evidence. Critically, respondents have the right to be represented by an attorney. The ALJ may place witnesses under oath, rule on motions, and issue subpoenas as necessary.
Upon conclusion, the ALJ issues a Proposal for Decision (PFD) containing findings of fact, conclusions of law, and a recommended outcome for the case. Yet, the PFD is not the final decision in the case.
Parties are then notified of the date of the Commission meeting, which considers adopting the decision recommended by the ALJ in the PFD. At the Commission meeting, the respondent and a TDLR attorney are given an opportunity to make arguments to the Commission regarding the PFD. After the Commission makes a final decision in the case, a Final Order is issued, ultimately accepting, amending, or rejecting the PFD.
Consequences of License Discipline
Punishments levied by the TDLR are split between monetary fines paid by the respondent to the state and adverse action upon the respondent's license. The governing body groups violations by electricians into four classes (A through D), ranging from least severe to more severe.
- Class A: Minor administrative, advertising, and public notice violations, resulting in fines of between $500 and $2,000.
- Class B: Records and insurance violations, unlicensed activity, and improper use of a license, resulting in fines of between $1,000 and $3,500, and up to a one-year suspension.
- Class C: Serious administrative violations, standards of conduct violations, and quality of work inefficiencies, resulting in fines of between $2,000 and $5,000 plus one year of probated suspension up to revocation.
- Class D violations: Falsifying information, fraud, cheating on exams, and violating TDLR orders, resulting in fines of $5,000 and revocation of licenses.
Licensees have the option to appeal Final Orders. Respondents must file a Motion for Rehearing no later than 25 days after the Commission levies the provision of the PFD. Motions may only identify the error in the order and are not a re-adjudication of the case.
The Commission grants or denies the motion within 55 days. After denial, licensees have 30 days to file a request for judicial review in a state district court.
Defend Your Texas Electrician License with the Lento Law Firm
In Texas, an electrician's license is more than just credentials to work. It's a symbol of professionalism, public trust, and dedication to the highest safety and consumer standards. When the TDLR levies disciplinary action, it serves as a reminder that the industry operates under strict regulations designed to protect the public. However, any alleged violation can lead to the loss of a rewarding career. Therefore, when allegations arise through consumer or department complaints, take the situation with the seriousness it deserves and contact the Lento Law Firm.
The Lento Law Firm Professional License Defense Team is ready to partner with you to protect your ability to work and provide for your family. Whether the issue stems from ethical violations, safety concerns, or administrative noncompliance, the consequences can be severe. No matter how minor you may think a violation is, it demands our attention.
We use our extensive experience to examine and challenge violations of Texas statutes and TDLR regulations. Our team ensures you respond to all opportunities to defend yourself before the TDLR, SOAH, and Commission and will take the matter to judicial review if necessary. Handling investigations and hearings and building a robust strategy with our team ensures you remain a licensed electrician whether you are in Dallas, Houston, Austin, San Antonio, East or West Texas, including the Panhandle. Call the Lento Law Firm's Professional License Defense Team today at 888-535-3686 or fill out our confidential consultation form, and we will contact you.
