74R10921 JMM-D
By Uher H.B. No. 2184
Substitute the following for H.B. No. 2184:
By Yarbrough C.S.H.B. No. 2184
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of engineering;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.1, The Texas Engineering Practice Act
1-6 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 Sec. 1.1. In recognition of the vital impact which the rapid
1-9 advance of knowledge of the mathematical, physical and engineering
1-10 sciences as applied in the practice of engineering is having upon
1-11 the lives, property, economy and security of our people and the
1-12 national defense, it is the intent of the Legislature, in order to
1-13 protect the public health, safety and welfare, that the privilege
1-14 of practicing engineering be entrusted only to those persons duly
1-15 licensed<, registered> and practicing under the provisions of this
1-16 Act and that there be strict compliance with and enforcement of all
1-17 the provisions of this Act, and, in order that the state and
1-18 members of the public may be able to identify those duly authorized
1-19 to practice engineering in this state and fix responsibility for
1-20 work done or services or acts performed in the practice of
1-21 engineering, only licensed <and registered> persons shall practice,
1-22 offer or attempt to practice engineering or call themselves or be
1-23 otherwise designated as any kind of an "engineer" or in any manner
1-24 make use of the term "engineer" as a professional, business or
2-1 commercial identification, title, name, representation, claim or
2-2 asset, and all the provisions of this Act shall be liberally
2-3 construed and applied to carry out such legislative intent. In
2-4 furtherance of such intent and purpose of the Legislature, the
2-5 practice of engineering is hereby declared a learned profession to
2-6 be practiced and regulated as such, and its practitioners in this
2-7 state shall be held accountable to the state and members of the
2-8 public by high professional standards in keeping with the ethics
2-9 and practices of the other learned professions in this state.
2-10 There is specifically reserved to graduates of all public
2-11 universities recognized by the American Association of Colleges and
2-12 Universities the right to disclose any college degrees received by
2-13 such individual and use the word Graduate Engineer on his
2-14 stationery, business cards, and personal communications of any
2-15 character.
2-16 SECTION 2. Section 1.2, The Texas Engineering Practice Act
2-17 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
2-18 as follows:
2-19 Sec. 1.2. From and after the effective date of this Act,
2-20 unless duly licensed <and registered> in accordance with the
2-21 provisions of this Act, no person in this state shall:
2-22 (1) Practice, continue to practice, offer or attempt
2-23 to practice engineering or any branch or part thereof.
2-24 (2) Directly or indirectly, employ, use, cause to be
2-25 used or make use of any of the following terms or any combinations,
2-26 variations or abbreviations thereof as a professional, business or
2-27 commercial identification, title, name, representation, claim,
3-1 asset or means of advantage or benefit: "engineer," "professional
3-2 engineer," "licensed engineer," "registered engineer," "registered
3-3 professional engineer," "licensed professional engineer,"
3-4 "engineered."
3-5 (3) Directly or indirectly, employ, use, cause to be
3-6 used or make use of any letter, abbreviation, word, symbol, slogan,
3-7 sign or any combinations or variations thereof, which in any manner
3-8 whatsoever tends or is likely to create any impression with the
3-9 public or any member thereof that any person is qualified or
3-10 authorized to practice engineering unless such person is duly
3-11 licensed<, registered> under and practicing in accordance with the
3-12 provisions of this Act.
3-13 (4) Receive any fee or compensation or the promise of
3-14 any fee or compensation for performing, offering or attempting to
3-15 perform any service, work, act or thing which is any part of the
3-16 practice of engineering as defined by this Act.
3-17 Within the intent and meaning and for all purposes of this
3-18 Act, any person, firm, partnership, association or corporation
3-19 which shall do, offer or attempt to do any one or more of the acts
3-20 or things set forth in numbered paragraphs (1), (2), (3) or (4) of
3-21 this Section 1.2 shall be conclusively presumed and regarded as
3-22 engaged in the practice of engineering.
3-23 SECTION 3. Section 1.3, The Texas Engineering Practice Act
3-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
3-25 as follows:
3-26 Sec. 1.3. Every person licensed <and registered> by the
3-27 Board to engage in the practice of engineering shall in the
4-1 professional use of his name on any sign, directory, listing,
4-2 contract, document, pamphlet, stationery, letterhead,
4-3 advertisement, signature, or any other such means of professional
4-4 identification, written or printed, use one of the following
4-5 legally required identifications: Engineer, Professional Engineer
4-6 or P. E.
4-7 SECTION 4. Sections 2(1) and (3), The Texas Engineering
4-8 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
4-9 amended to read as follows:
4-10 (1) "Board" shall mean the Texas <State> Board of
4-11 <Registration for> Professional Engineers, provided for by this
4-12 Act.
4-13 (3) "Engineer," "professional engineer," "registered
4-14 engineer," "registered professional engineer," <or> "licensed
4-15 professional engineer," or "licensed engineer" shall mean a person
4-16 who has been duly licensed <and registered> by the Board to engage
4-17 in the practice of engineering in this state.
4-18 SECTION 5. Section 3, The Texas Engineering Practice Act
4-19 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
4-20 as follows:
4-21 Sec. 3. TEXAS <STATE> BOARD OF <REGISTRATION FOR>
4-22 PROFESSIONAL ENGINEERS--APPOINTMENT OF MEMBERS--TERMS. The Texas
4-23 <A State> Board of <Registration for> Professional Engineers is
4-24 hereby created whose duty it shall be to administer the provisions
4-25 of this Act. The Board shall consist of six (6) professional
4-26 engineers and three (3) representatives of the general public, who
4-27 shall be appointed by the Governor of the State, without regard to
5-1 the race, creed, sex, religion, or national origin of the
5-2 appointees and with the advice and consent of the Senate. At the
5-3 expiration of the term of each member first appointed, his
5-4 successor shall be appointed by the Governor of the State and he
5-5 shall serve for a term of six (6) years or until his successor
5-6 shall be appointed and qualified. Before entering upon the duties
5-7 of his office each member of the Board shall take the
5-8 Constitutional Oath of office and the same shall be filed with the
5-9 Secretary of State.
5-10 SECTION 6. Section 3a, The Texas Engineering Practice Act
5-11 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
5-12 as follows:
5-13 Sec. 3a. SUNSET PROVISION. The Texas <State> Board of
5-14 <Registration for> Professional Engineers is subject to Chapter
5-15 325, Government Code (Texas Sunset Act). Unless continued in
5-16 existence as provided by that chapter, the board is abolished and
5-17 this Act expires September 1, 2003.
5-18 SECTION 7. Section 4(d), The Texas Engineering Practice Act
5-19 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
5-20 as follows:
5-21 (d) The Board by majority vote may limit the participation
5-22 of general public members in the evaluations of applications for
5-23 licensure <registration> except in those instances in which the
5-24 evaluations take place at an official meeting of the Board.
5-25 SECTION 8. Sections 8(a) and (b), The Texas Engineering
5-26 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
5-27 amended to read as follows:
6-1 (a) In addition to any other powers and duties, the Board
6-2 shall have the authority and power to make and enforce all rules
6-3 and regulations and bylaws consistent with this Act as necessary
6-4 for the performance of its duties, the governance of its own
6-5 proceedings, and the regulation of the practice of engineering in
6-6 this state and may establish standards of conduct and ethics for
6-7 engineers in keeping with the purposes and intent of this Act and
6-8 to insure strict compliance with and enforcement of this Act. The
6-9 violation by any engineer of any provision of this Act or any rule
6-10 or regulation of the Board shall be a sufficient cause to suspend
6-11 or revoke the license <certificate of registration> of or to issue
6-12 a formal or informal reprimand to such engineer. In addition to
6-13 any other action, proceeding or remedy authorized by law, the Board
6-14 shall have the right to institute an action in its own name in a
6-15 district court of Travis County against any individual person to
6-16 enjoin any violation of any provision of this Act or any rule or
6-17 regulation of the Board and in order for the Board to sustain such
6-18 action it shall not be necessary to allege or prove, either that an
6-19 adequate remedy at law does not exist, or that substantial or
6-20 irreparable damage would result from the continued violation
6-21 thereof. Either party to such action may appeal to the appellate
6-22 court having jurisdiction of said cause. The Board shall not be
6-23 required to give any appeal bond in any cause arising under this
6-24 Act. The Attorney General shall represent the Board in all actions
6-25 and proceedings to enforce the provisions of this Act.
6-26 (b) The Board may promulgate rules restricting competitive
6-27 bidding. The Board may not promulgate rules restricting
7-1 advertising by a license holder <registrants> except to prohibit
7-2 false, misleading, or deceptive practices by the license holder
7-3 <registrants>. The Board may not include in its rules to prohibit
7-4 false, misleading, or deceptive practices by a person regulated by
7-5 the Board a rule that:
7-6 (1) restricts the person's use of any medium for
7-7 advertising;
7-8 (2) restricts the person's personal appearance or use
7-9 of his personal voice in an advertisement;
7-10 (3) relates to the size or duration of an
7-11 advertisement by the person; or
7-12 (4) restricts the person's advertisement under a trade
7-13 name.
7-14 SECTION 9. The Texas Engineering Practice Act (Article
7-15 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
7-16 9A to read as follows:
7-17 Sec. 9A. Section 403.094(h), Government Code, does not apply
7-18 to the Professional Engineers' Fund.
7-19 SECTION 10. Section 10(a), The Texas Engineering Practice
7-20 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
7-21 read as follows:
7-22 (a) The Board shall keep a record of its proceedings and
7-23 register of all applications for licensure <registration>, which
7-24 register shall show (a) the name, age and residence of each
7-25 applicant; (b) the date of the application; (c) the place of
7-26 business of such applicant; (d) his educational and other
7-27 qualifications; (e) whether or not an examination was required; (f)
8-1 whether the applicant was rejected; (g) whether a license
8-2 <certificate of registration> was granted; (h) the date of the
8-3 action of the Board; and (i) such other information as may be
8-4 deemed necessary by the Board.
8-5 The records of the Board shall be available to the public at
8-6 all times and shall be prima facie evidence of the proceedings of
8-7 the Board set forth therein, and a transcript thereof, duly
8-8 certified by the Secretary of the Board under seal, shall be
8-9 admissible in evidence with the same force and effect as if the
8-10 original was produced.
8-11 SECTION 11. Section 11, The Texas Engineering Practice Act
8-12 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
8-13 as follows:
8-14 Sec. 11. ROSTER OF LICENSED <REGISTERED> ENGINEERS. A
8-15 roster showing the names and places of business of all licensed
8-16 <registered> professional engineers shall be prepared and published
8-17 by the Board each biennium at a time determined by the Board.
8-18 Copies of this roster shall be furnished without charge to any
8-19 engineer licensed <registered> by the Board on the written request
8-20 of the engineer, placed on file with the Secretary of State, and
8-21 furnished to any person upon written request who tenders a
8-22 reproduction fee set by the Board.
8-23 SECTION 12. Section 12, The Texas Engineering Practice Act
8-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
8-25 as follows:
8-26 Sec. 12. GENERAL REQUIREMENTS FOR LICENSURE <REGISTRATION>.
8-27 (a) The following shall be considered as minimum evidence
9-1 satisfactory to the Board that the applicant is qualified for
9-2 licensure <registration> as a professional engineer:
9-3 (1) graduation from an approved curriculum in
9-4 engineering that is approved by the Board as of satisfactory
9-5 standing, passage of the examination requirements prescribed by the
9-6 Board, and a specific record of an additional four (4) years or
9-7 more of active practice in engineering work, of a character
9-8 satisfactory to the Board, indicating that the applicant is
9-9 competent to be placed in responsible charge of such work; or
9-10 (2) graduation from an engineering or related science
9-11 curriculum at a recognized institution of higher education, other
9-12 than a curriculum approved by the Board under Subdivision (1) of
9-13 this subsection, passage of the examination requirements prescribed
9-14 by the Board, and a specific record of at least eight (8) years of
9-15 active practice in engineering work of a character satisfactory to
9-16 the Board and indicating that the applicant is competent to be
9-17 placed in responsible charge of such work.
9-18 (b) Provided, that no person shall be eligible for licensure
9-19 <registration> as a professional engineer who is not of good
9-20 character and reputation; and provided further, that any engineer
9-21 licensed <registered> under this Act shall be eligible to hold any
9-22 appointive engineering position with the State of Texas.
9-23 (c) In considering the qualifications of applicants,
9-24 responsible charge of engineering teaching may be construed as
9-25 responsible charge of engineering work. The mere execution, as a
9-26 contractor, of work designed by a professional engineer, or the
9-27 supervision of the construction of such work as foreman or
10-1 superintendent shall not be deemed to be active practice in
10-2 engineering work.
10-3 (d) Any person having the necessary qualifications
10-4 prescribed in this Act to entitle him to licensure <registration>
10-5 shall be eligible for such licensure <registration> though he may
10-6 not be practicing at the time of making his application.
10-7 SECTION 13. Sections 13(a), (b), and (d), The Texas
10-8 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
10-9 Statutes), as amended by Chapters 947 and 1090, Acts of the 71st
10-10 Legislature, Regular Session, 1989, are amended to read as follows:
10-11 (a) Applications for licensure <registration> shall be on
10-12 forms prescribed and furnished by the Board, be sworn, and contain:
10-13 (1) statements showing personal information about the
10-14 applicant, as required by Board rule, and describing the
10-15 applicant's education;
10-16 (2) a detailed summary of the applicant's actual
10-17 engineering work;
10-18 (3) a statement describing any earlier professional
10-19 engineering registrations or licenses by or denials, revocations,
10-20 or suspensions of professional engineering registrations or
10-21 licenses of the applicant;
10-22 (4) a statement describing any criminal offenses of
10-23 which the applicant has been convicted; and
10-24 (5) not less than five (5) references from individuals
10-25 with personal knowledge of the applicant's character, reputation,
10-26 and general suitability for licensure <registration>, of whom three
10-27 (3) or more shall be licensed <registered> engineers having
11-1 personal knowledge of the applicant's engineering experience.
11-2 (b) The Board shall establish reasonable and necessary fees
11-3 for the administration of this Act in amounts not to exceed:
11-4 1. License <Registration> fee $50
11-5 2. Annual renewal fee 75
11-6 3. Reciprocal license <registration> fee 50
11-7 4. Duplicate license <certificate of registration> 5
11-8 5. Engineer-in-training certificate 15
11-9 6. Roster of engineers 10
11-10 7. Examination fee 100
11-11 (d) The Board by rule may adopt reduced licensure and annual
11-12 renewal fees for licensed <registered> engineers who are at least
11-13 65 years of age.
11-14 SECTION 14. Sections 13B(a) and (c), The Texas Engineering
11-15 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
11-16 amended to read as follows:
11-17 (a) Each of the following fees imposed by or under another
11-18 section of this Act is increased by $200:
11-19 (1) license <registration> fee;
11-20 (2) annual renewal fee; and
11-21 (3) reciprocal license <registration> fee.
11-22 (c) Subsection (a) does not apply to a licensed <registered>
11-23 professional engineer who meets the qualifications for an exemption
11-24 from licensure <registration> under Section 20(g) or (h) of this
11-25 Act but who does not claim that exemption.
11-26 SECTION 15. Section 14(a), The Texas Engineering Practice
11-27 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
12-1 read as follows:
12-2 (a) On payment of the examination fee, oral or written
12-3 examinations shall be administered to qualified applicants at such
12-4 time and place as the Board shall determine. The scope of the
12-5 examinations and the methods of procedure shall be prescribed by
12-6 the Board with special reference to the applicant's ability to
12-7 design and supervise engineering works, which shall insure the
12-8 safety of life, health, and property. Examinations shall be given
12-9 for the purpose of determining the qualifications of applicants for
12-10 licensure <registration> in professional engineering. The Board
12-11 may permit reexamination of an applicant on payment of an
12-12 appropriate reexamination fee in an amount set by the Board.
12-13 SECTION 16. Section 15, The Texas Engineering Practice Act
12-14 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
12-15 as follows:
12-16 Sec. 15. CERTIFICATES, SEALS. (a) The Board shall issue a
12-17 license <certificate of registration> upon payment of the license
12-18 <registration> fee as provided for in this Act, to any applicant,
12-19 who, in the opinion of the Board, has satisfactorily met all the
12-20 requirements of this Act. The license <In case of a registered
12-21 engineer, the certificate> shall authorize the practice of
12-22 professional engineering. A license <Certificates of registration>
12-23 shall show the full name of the license holder <registrant>, shall
12-24 have a serial number, and shall be signed by the Chairman and the
12-25 Secretary of the Board under seal of the Board. The issuance of a
12-26 license <certificate of registration> by this Board shall be
12-27 evidence that the person named therein is entitled to all rights
13-1 and privileges of a licensed <registered> professional engineer,
13-2 while the said certificate remains unrevoked or unexpired.
13-3 (b) Each license holder <registrant> hereunder shall upon
13-4 licensure <registration> obtain a seal of the design authorized by
13-5 the Board, bearing the license holder's <registrant's> name and the
13-6 legend "Licensed Professional Engineer" or "Registered Professional
13-7 Engineer". Plans, specifications, plats, and reports issued by a
13-8 license holder <registrant> must include the license holder's
13-9 <registrant's> seal affixed to the document. It shall be unlawful
13-10 for any one to affix a seal on any document if the license
13-11 <certificate> of the license holder <registrant> named thereon has
13-12 expired or has been suspended or revoked, unless said license
13-13 <certificate> shall have been renewed or reissued.
13-14 (c) This Act applies to all engineering practiced in this
13-15 state that is not exempted under this Act. A public official of
13-16 this state or of a political subdivision of this state who is
13-17 charged with the enforcement of laws, ordinances, codes, or
13-18 regulations that affect the practice of engineering may only accept
13-19 plans, specifications, and other related documents prepared by a
13-20 licensed engineer <registered engineers>, as evidenced by the seal
13-21 of the engineer. A public official shall report violations of this
13-22 Act to the proper authorities.
13-23 SECTION 17. Section 16, The Texas Engineering Practice Act
13-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
13-25 as follows:
13-26 Sec. 16. EXPIRATIONS AND RENEWALS. (a) It shall be the
13-27 duty of the Board to notify every person licensed <registered>
14-1 under this Act of the date of the expiration of his license
14-2 <certificate> and the amount of the fee that shall be required for
14-3 its renewal for one year; such notice shall be mailed at least one
14-4 month in advance of the date of the expiration of said license
14-5 <certificate> to the last address provided by the license holder
14-6 <registrant> to the Board.
14-7 (b) A person may renew an unexpired license <certificate of
14-8 registration> by paying to the Board before the expiration date of
14-9 the license <certificate of registration> the required renewal fee.
14-10 (c) If a person's license <certificate of registration> has
14-11 been expired for not longer than 90 days, the person may renew the
14-12 license <certificate of registration> by paying to the Board the
14-13 required renewal fee and a penalty fee as set by the Board.
14-14 (d) If a person's license <certificate of registration> has
14-15 been expired for longer than 90 days but less than two years, the
14-16 person may renew the license <certificate of registration> by
14-17 paying to the Board all unpaid renewal fees and a penalty fee as
14-18 set by the Board.
14-19 (e) If a person's license <certificate of registration> has
14-20 been expired for two years or longer, the person may not renew the
14-21 license <certificate of registration>. The person may obtain a new
14-22 license <certificate of registration> by complying with the
14-23 requirements and procedures for obtaining an original license
14-24 <certificate of registration> that are in effect at the time the
14-25 person applies.
14-26 SECTION 18. Section 16.1, The Texas Engineering Practice Act
14-27 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
15-1 as follows:
15-2 Sec. 16.1. EXPIRATION DATES OF LICENSES <CERTIFICATES OF
15-3 REGISTRATION>. The board by rule may adopt a system under which
15-4 licenses <certificates of registration> expire on various dates
15-5 during the year, and the dates for reinstatement shall be adjusted
15-6 accordingly.
15-7 SECTION 19. Section 17, The Texas Engineering Practice Act
15-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
15-9 as follows:
15-10 Sec. 17. A firm, or a co-partnership, or a corporation, or a
15-11 joint stock association may engage in the practice of professional
15-12 engineering in this State, provided such practice is carried on by
15-13 only professional engineers licensed <registered> in this State.
15-14 SECTION 20. Section 18, The Texas Engineering Practice Act
15-15 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
15-16 as follows:
15-17 Sec. 18. No firm, partnership, association, corporation or
15-18 other business entity shall hold itself out to the public or any
15-19 member thereof as being engaged in the practice of engineering
15-20 under any assumed, trade, business, partnership or corporate name
15-21 or employ, use, cause to be used or make use of in any manner
15-22 whatsoever any such words or terms as "engineer," "engineering,"
15-23 "engineering services," "engineering company," "engineering, inc.,"
15-24 "professional engineers," "licensed engineer," "registered
15-25 engineer," "licensed professional engineer," "registered
15-26 professional engineer," "engineered," or any combinations,
15-27 abbreviations or variations thereof, or in combination with any
16-1 other words, letters, initials, signs or symbols on, in or as a
16-2 part of, directly or indirectly, any sign, directory, listing,
16-3 contract, document, pamphlet, stationery, letterhead,
16-4 advertisement, signature, trade name, assumed name, corporate or
16-5 other business name unless such firm, partnership, association,
16-6 corporation or other business entity is actually and actively
16-7 engaged in the practice of engineering or offering engineering
16-8 services to the public, and any and all services, work, acts or
16-9 things performed or done by it which constitute any part of the
16-10 practice of engineering are either personally performed or done by
16-11 a licensed <registered> engineer or under the responsible
16-12 supervision of a licensed <registered> engineer.
16-13 SECTION 21. Section 19(a), The Texas Engineering Practice
16-14 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
16-15 read as follows:
16-16 (a) It is unlawful for this State or for any of its
16-17 political subdivisions, including any county, city, or town, to
16-18 engage in the construction of any public work involving
16-19 professional engineering, where public health, public welfare or
16-20 public safety is involved, unless the engineering plans and
16-21 specifications and estimates have been prepared by, and the
16-22 engineering construction is to be executed under the direct
16-23 supervision of a licensed <registered> professional engineer.
16-24 However nothing in this Act shall be held to apply to any public
16-25 work wherein the contemplated expenditure for the completed project
16-26 does not exceed Eight Thousand ($8,000.00) Dollars.
16-27 SECTION 22. Section 20, The Texas Engineering Practice Act
17-1 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
17-2 as follows:
17-3 Sec. 20. EXEMPTIONS. The following persons shall be exempt
17-4 from the licensure <registration> provisions of this Act, provided
17-5 that such persons are not directly or indirectly represented or
17-6 held out to the public to be legally qualified to engage in the
17-7 practice of engineering:
17-8 (a) A person not a resident of and having no
17-9 established place of business in this state if that person:
17-10 (1) has filed an application for licensure
17-11 <registration> as a professional engineer with the Board and the
17-12 application is pending Board action;
17-13 (2) is legally qualified to practice engineering
17-14 in another jurisdiction whose requirements for practice are at
17-15 least as strict as those required by this state; and
17-16 (3) affixes the person's seal from the
17-17 jurisdiction in which the person is legally qualified to practice
17-18 on all work completed while the application for licensure
17-19 <registration> to practice in this state is pending.
17-20 (b) A person who has recently become a resident of
17-21 this state if that person:
17-22 (1) has filed an application for licensure
17-23 <registration> as a professional engineer with the Board and the
17-24 application is pending Board action;
17-25 (2) is legally qualified to practice engineering
17-26 in another jurisdiction whose requirements for practice are at
17-27 least as strict as those required by this state; and
18-1 (3) affixes the person's seal from the
18-2 jurisdiction in which the person is legally qualified to practice
18-3 on all work completed while the application for licensure
18-4 <registration> to practice in this state is pending.
18-5 (c) An employee or a subordinate of a person holding a
18-6 license <certificate of registration> under this Act, or any
18-7 employee of a person exempted from licensure <registration> by
18-8 classes (a) and (b) of this Section; provided, his practice does
18-9 not include responsible charge of design or supervision.
18-10 (d) Officers and employees of the Government of the
18-11 United States while engaged within this state in the practice of
18-12 the profession of engineering for said Government.
18-13 (e) A person doing the actual work of installing,
18-14 operating, repairing, or servicing locomotive or stationary
18-15 engines, steam boilers, Diesel engines, internal combustion
18-16 engines, refrigeration compressors and systems, hoisting engines,
18-17 electrical engines, air conditioning equipment and systems, or
18-18 mechanical and electrical, electronic or communications equipment
18-19 and apparatus; this Act may not be construed to prevent any citizen
18-20 from identifying himself in the name and trade of any engineers'
18-21 labor organization with which he may be affiliated, however, this
18-22 exemption may not be construed to permit any person other than a
18-23 licensed <registered> professional engineer to affix his signature
18-24 to engineering plans, or specifications and may not be construed to
18-25 permit a person to use the term "engineer" or "engineering" in any
18-26 manner prohibited by this Act.
18-27 (f) A person, firm, partnership, joint stock
19-1 association or private corporation, erecting, constructing,
19-2 enlarging, altering or repairing, or drawing plans and
19-3 specifications for: (1) any private dwelling, or apartments not
19-4 exceeding eight units per building for one story buildings, or
19-5 apartments not exceeding four units per building and having a
19-6 maximum height of two stories, or garages or other structures
19-7 pertinent to such buildings; or (2) private buildings which are to
19-8 be used exclusively for farm, ranch or agricultural purposes, or
19-9 used exclusively for storage of raw agricultural commodities; or
19-10 (3) other buildings, except public buildings included under Section
19-11 19 of this Act, having no more than one story and containing no
19-12 clear span between supporting structures greater than 24 feet on
19-13 the narrow side and having a total floor area not in excess of five
19-14 thousand square feet; provided that on unsupported spans greater
19-15 than 24 feet on such buildings only the trusses, beams, or other
19-16 roof supporting members need to be engineered or pre-engineered;
19-17 provided that no representation is made or implied that engineering
19-18 services have been or will be offered to the public.
19-19 (g) Any regular full time employee of a private
19-20 corporation or other private business entity who is engaged solely
19-21 and exclusively in performing services for such corporation and/or
19-22 its affiliates; provided, such employee's services are on, or in
19-23 connection with, property owned or leased by such private
19-24 corporation and/or its affiliates or other private business entity,
19-25 or in which such private corporation and/or its affiliates or other
19-26 business entity has an interest, estate or possessory right, or
19-27 whose services affect exclusively the property, products, or
20-1 interests of such private corporation and/or its affiliates or
20-2 other private business entity; and, provided further, that such
20-3 employee does not have the final authority for the approval of, and
20-4 the ultimate responsibility for, engineering designs, plans or
20-5 specifications pertaining to such property or products which are to
20-6 be incorporated into fixed works, systems, or facilities on the
20-7 property of others or which are to be made available to the general
20-8 public. This exemption includes the use of job titles and
20-9 personnel classifications by such persons not in connection with
20-10 any offer of engineering services to the public, providing that no
20-11 name, title, or words are used which tend to convey the impression
20-12 that an unlicensed person is offering engineering services to the
20-13 public.
20-14 (h) Any regular full time employee of a privately
20-15 owned public utility or cooperative utility and/or affiliates who
20-16 is engaged solely and exclusively in performing services for such
20-17 utility and/or its affiliates; provided, that such employee does
20-18 not have the final authority for the approval of, and the ultimate
20-19 responsibility for engineering designs, plans or specifications to
20-20 be incorporated into fixed works, systems, or facilities on the
20-21 property of others or which are to be made available to the general
20-22 public. This exemption includes the use of job titles and
20-23 personnel classifications by such persons not in connection with
20-24 any offer of engineering services to the public, providing that no
20-25 name, title, or words are used which tend to convey the impression
20-26 that an unlicensed person is offering engineering services to the
20-27 public.
21-1 (i) Qualified scientists engaged in scientific
21-2 research and investigation of the physical or natural sciences,
21-3 including the usual work and activities of meteorologists,
21-4 seismologists, geologists, chemists, geochemists, physicists and
21-5 geophysicists.
21-6 (j) Nothing in this Act shall be construed or applied
21-7 so as to prohibit or in any way restrict any person from giving
21-8 testimony or preparing exhibits or documents for the sole purpose
21-9 of being placed in evidence before any administrative or judicial
21-10 tribunal of competent jurisdiction.
21-11 (k) Nothing in this Act shall apply to any
21-12 agricultural work being performed in carrying out soil and water
21-13 conservation practices.
21-14 (l) This Act shall not be construed as applying to
21-15 operating telephone companies and/or affiliates or their employees
21-16 in respect to any plans, designs, specifications, or services which
21-17 relate strictly to the science and art of telephony. This
21-18 exemption includes the use of job titles and personnel
21-19 classifications by such persons not in connection with any offer of
21-20 engineering services to the public, providing that no name, title,
21-21 or words are used which tend to convey the impression that an
21-22 unlicensed person is offering engineering services to the public.
21-23 SECTION 23. Section 21, The Texas Engineering Practice Act
21-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
21-25 as follows:
21-26 Sec. 21. LICENSURE <REGISTRATION> BY NONRESIDENTS. A person
21-27 who holds a valid certificate of registration or license issued to
22-1 him by proper authority of any state or territory or possession of
22-2 the United States, the District of Columbia, or any foreign country
22-3 may apply for licensure <registration> in this state.
22-4 SECTION 24. Section 22, The Texas Engineering Practice Act
22-5 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
22-6 as follows:
22-7 Sec. 22. DENIAL, REVOCATION, SUSPENSION, PROBATION,
22-8 REPRIMAND, RE-ISSUANCE AND REFUSAL OF LICENSE <CERTIFICATE>.
22-9 (a) The Board shall revoke, suspend, or refuse to renew a license
22-10 <registration>, shall reprimand a license holder <registrant>, may
22-11 deny an application for licensure <registration>, or may probate
22-12 any suspension of any license holder <registrant> who is determined
22-13 by the Board to be censurable for:
22-14 (1) The practice of any fraud or deceit in obtaining a
22-15 license <certificate of registration>;
22-16 (2) Any gross negligence, incompetency, or misconduct
22-17 in the practice of professional engineering as a licensed
22-18 <registered> professional engineer;
22-19 (3) Any documented instance of retaliation by an
22-20 applicant against an individual who has served as a reference for
22-21 that applicant;
22-22 (4) A violation of this Act or a Board rule; or
22-23 (5) A failure to timely provide plans and
22-24 specifications to the Texas Department of Licensing and Regulation
22-25 as required by Article 9102, Revised Statutes.
22-26 (b) Any person who may feel himself aggrieved by reason of
22-27 the revocation of his license <certificate of registration> by the
23-1 Board, as hereinabove authorized, shall have the right to file suit
23-2 in the district court of the county of his residence, or of the
23-3 county in which the alleged offense relied upon as grounds for
23-4 revocation took place, to annul or vacate the order of the Board
23-5 revoking the license <certificate of registration>.
23-6 (c) If the Board proposes to suspend or revoke a person's
23-7 license <certificate of registration>, the person is entitled to a
23-8 hearing before the Board. Proceedings for the suspension or
23-9 revocation of a license <certificate of registration> are governed
23-10 by Chapter 2001, Government Code <the Administrative Procedure and
23-11 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
23-12 Civil Statutes)>.
23-13 (d) The Board, for reasons it may deem sufficient, may
23-14 re-issue a license <certificate of registration> to any person
23-15 whose license <certificate> has been revoked, provided six (6) or
23-16 more members of the Board vote in favor of such re-issuance. A new
23-17 license <certificate of registration>, to replace any license
23-18 <certificate> revoked, lost, destroyed, or mutilated, may be
23-19 issued, subject to the rules of the Board.
23-20 SECTION 25. Section 22A, The Texas Engineering Practice Act
23-21 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
23-22 as follows:
23-23 Sec. 22A. INFORMATION ABOUT COMPLAINTS. (a) The Board
23-24 shall keep an information file about each complaint filed with the
23-25 Board relating to a license holder <registrant>.
23-26 (b) If a written complaint is filed with the Board relating
23-27 to a license holder <registrant>, the Board, at least as frequently
24-1 as quarterly, shall notify the parties to the complaint of the
24-2 status of the complaint until final disposition unless the
24-3 notification would jeopardize an undercover investigation.
24-4 SECTION 26. The Texas Engineering Practice Act (Article
24-5 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
24-6 22C to read as follows:
24-7 Sec. 22C. (a) The Board may impose an administrative penalty
24-8 against a person licensed under this Act or any other person who
24-9 violates this Act or a rule or order adopted under this Act. The
24-10 Board may include in the amount of the administrative penalty the
24-11 actual costs of investigating and prosecuting the violation.
24-12 (b) The penalty for a violation may be in an amount not to
24-13 exceed $3,000. Each day a violation continues or occurs is a
24-14 separate violation for purposes of imposing a penalty.
24-15 (c) The amount of the penalty shall be based on:
24-16 (1) the seriousness of the violation, including the
24-17 nature, circumstances, extent, and gravity of any prohibited acts,
24-18 and the hazard or potential hazard created to the health, safety,
24-19 or economic welfare of the public;
24-20 (2) the economic harm to property or the environment
24-21 caused by the violation;
24-22 (3) the history of previous violations;
24-23 (4) the amount necessary to deter future violations;
24-24 (5) efforts or resistance to efforts to correct the
24-25 violation; and
24-26 (6) any other matter that justice may require.
24-27 (d) The director of the Board may hold informal conferences,
25-1 hold peer reviews, or perform any other procedures, including the
25-2 subpoenaing of witnesses and records, to determine whether a
25-3 violation has occurred. On the determination by the director that
25-4 a violation has occurred, the director may issue to the Chairman of
25-5 the Board a report that states the facts on which the determination
25-6 is based and the director's recommendation on the imposition of a
25-7 penalty, including a recommendation on the amount of the penalty.
25-8 (e) Within 14 days after the date the report is issued, the
25-9 director shall give written notice of the report to the person.
25-10 The notice may be given by certified mail. The notice must include
25-11 a brief summary of the alleged violation and a statement of the
25-12 amount of the recommended penalty and must inform the person that
25-13 the person has a right to a hearing on the occurrence of the
25-14 violation, the amount of the penalty, or both the occurrence of the
25-15 violation and the amount of the penalty.
25-16 (f) Within 20 days after the date the person receives the
25-17 notice, the person in writing may accept the determination and
25-18 recommended penalty of the director or may make a written request
25-19 for a hearing on the occurrence of the violation, the amount of the
25-20 penalty, or both the occurrence of the violation and the amount of
25-21 the penalty.
25-22 (g) If the person accepts the determination and recommended
25-23 penalty of the director, the Board by order shall approve the
25-24 determination and impose the recommended penalty.
25-25 (h) If the person requests a hearing or fails to respond
25-26 timely to the notice, the director shall set a hearing and give
25-27 notice of the hearing to the person. The hearing shall be held by
26-1 an administrative law judge of the State Office of Administrative
26-2 Hearings. The administrative law judge shall make findings of fact
26-3 and conclusions of law and promptly issue to the Board a proposal
26-4 for a decision about the occurrence of the violation and the amount
26-5 of a proposed penalty. Based on the findings of fact, conclusions
26-6 of law, and proposal for a decision, the Board by order may find
26-7 that a violation has occurred and impose a penalty or may find that
26-8 no violation occurred.
26-9 (i) The notice of the Board's order given to the person
26-10 under Chapter 2001, Government Code, must include a statement of
26-11 the right of the person to judicial review of the order.
26-12 (j) Within 30 days after the date the Board's order becomes
26-13 final as provided by Section 2001.144, Government Code, the person
26-14 shall:
26-15 (1) pay the amount of the penalty;
26-16 (2) pay the amount of the penalty and file a petition
26-17 for judicial review contesting the occurrence of the violation, the
26-18 amount of the penalty, or both the occurrence of the violation and
26-19 the amount of the penalty; or
26-20 (3) without paying the amount of the penalty, file a
26-21 petition for judicial review contesting the occurrence of the
26-22 violation, the amount of the penalty, or both the occurrence of the
26-23 violation and the amount of the penalty.
26-24 (k) Within the 30-day period, a person who acts under
26-25 Subsection (j)(3) of this section may:
26-26 (1) stay enforcement of the penalty by:
26-27 (A) paying the amount of the penalty to the
27-1 court for placement in an escrow account; or
27-2 (B) giving to the court a supersedeas bond that
27-3 is approved by the court for the amount of the penalty and that is
27-4 effective until all judicial review of the Board's order is final;
27-5 or
27-6 (2) request the court to stay enforcement of the
27-7 penalty by:
27-8 (A) filing with the court a sworn affidavit of
27-9 the person stating that the person is financially unable to pay the
27-10 amount of the penalty and is financially unable to give the
27-11 supersedeas bond; and
27-12 (B) giving a copy of the affidavit to the
27-13 executive director by certified mail.
27-14 (l) On receipt by the director of a copy of an affidavit
27-15 under Subsection (k)(2) of this section, the director may file with
27-16 the court, within five days after the date the copy is received, a
27-17 contest to the affidavit. The court shall hold a hearing on the
27-18 facts alleged in the affidavit as soon as practicable and shall
27-19 stay the enforcement of the penalty on finding that the alleged
27-20 facts are true. The person who files an affidavit has the burden
27-21 of proving that the person is financially unable to pay the amount
27-22 of the penalty and to give a supersedeas bond.
27-23 (m) If the person does not pay the amount of the penalty and
27-24 the enforcement of the penalty is not stayed, the director may
27-25 refer the matter to the attorney general for collection of the
27-26 amount of the penalty.
27-27 (n) Judicial review of the order of the Board:
28-1 (1) is instituted by filing a petition as provided by
28-2 Subchapter G, Chapter 2001, Government Code; and
28-3 (2) is under the substantial evidence rule.
28-4 (o) If the court sustains the occurrence of the violation,
28-5 the court may uphold or reduce the amount of the penalty and order
28-6 the person to pay the full or reduced amount of the penalty. If
28-7 the court does not sustain the occurrence of the violation, the
28-8 court shall order that no penalty is owed.
28-9 (p) When the judgment of the court becomes final, the court
28-10 shall proceed under this subsection. If the person paid the amount
28-11 of the penalty and if that amount is reduced or is not upheld by
28-12 the court, the court shall order that the appropriate amount plus
28-13 accrued interest be remitted to the person. The rate of the
28-14 interest is the rate charged on loans to depository institutions by
28-15 the New York Federal Reserve Bank, and the interest shall be paid
28-16 for the period beginning on the date the penalty was paid and
28-17 ending on the date the penalty is remitted. If the person gave a
28-18 supersedeas bond and if the amount of the penalty is not upheld by
28-19 the court, the court shall order the release of the bond. If the
28-20 person gave a supersedeas bond and if the amount of the penalty is
28-21 reduced, the court shall order the release of the bond after the
28-22 person pays the amount.
28-23 (q) A penalty collected under this section shall be remitted
28-24 to the comptroller for deposit in the general revenue fund, except
28-25 that the portion of the penalty that represents the costs of the
28-26 Board in investigating and prosecuting the violation shall be
28-27 remitted to the Board as reimbursement for performance of the
29-1 Board's regulatory functions.
29-2 (r) All proceedings under this section are subject to
29-3 Chapter 2001, Government Code.
29-4 SECTION 27. Section 23(a), The Texas Engineering Practice
29-5 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
29-6 read as follows:
29-7 (a) Any person who shall practice, or offer to practice, the
29-8 profession of engineering in this State without being licensed
29-9 <registered> or exempted from licensure <registration> in
29-10 accordance with the provisions of this Act, or any person
29-11 presenting or attempting to use as his own the license <certificate
29-12 of registration> or the seal of another, or any person who shall
29-13 give any false or forged evidence of any kind to the Board or to
29-14 any member thereof in obtaining a license <certificate of
29-15 registration>, or any person who shall violate any of the
29-16 provisions of this Act, commits an offense. An offense under this
29-17 subsection is a Class A misdemeanor.
29-18 SECTION 28. Section 26, The Texas Engineering Practice Act
29-19 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
29-20 as follows:
29-21 Sec. 26. CONFIDENTIALITY OF CERTAIN INFORMATION. A statement
29-22 made by a person providing a reference for an applicant and other
29-23 pertinent information compiled by or submitted to the Board
29-24 relating to an applicant for licensure <registration> under this
29-25 Act is privileged and confidential and may be used only by the
29-26 Board or employees or agents of the Board who are directly involved
29-27 in the application or licensure <registration> process. The
30-1 information is not subject to discovery, subpoena, or other
30-2 disclosure.
30-3 SECTION 29. Section 13(d), The Texas Engineering Practice
30-4 Act (Article 3271a, Vernon's Texas Civil Statutes), as added by
30-5 Section 1, Chapter 1090, Acts of the 71st Legislature, Regular
30-6 Session, 1989, is repealed.
30-7 SECTION 30. The professional engineers' fund, as that fund
30-8 is described by Section 9, The Texas Engineering Practice Act
30-9 (Article 3271a, Vernon's Texas Civil Statutes), is re-created as a
30-10 special fund to be used for the purposes described by that section.
30-11 SECTION 31. This Act takes effect September 1, 1995, and
30-12 applies only to a violation of The Texas Engineering Practice Act
30-13 (Article 3271a, Vernon's Texas Civil Statutes) or a rule adopted
30-14 under that Act that occurs on or after that date. A violation that
30-15 occurs before that date is governed by the law in effect on the
30-16 date the violation occurred, and the former law is continued in
30-17 effect for that purpose.
30-18 SECTION 32. The change in law made by this Act relating to
30-19 the change in the type of credential issued to practice as an
30-20 engineer does not affect the validity of a certificate of
30-21 registration issued before the effective date of this Act.
30-22 SECTION 33. The importance of this legislation and the
30-23 crowded condition of the calendars in both houses create an
30-24 emergency and an imperative public necessity that the
30-25 constitutional rule requiring bills to be read on three several
30-26 days in each house be suspended, and this rule is hereby suspended.