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.