By: Ratliff S.B. No. 784
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of the practice of engineering;
1-2 providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.1, The Texas Engineering Practice Act
1-5 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
1-6 as follows:
1-7 Sec. 1.1. In recognition of the vital impact which the rapid
1-8 advance of knowledge of the mathematical, physical and engineering
1-9 sciences as applied in the practice of engineering is having upon
1-10 the lives, property, economy and security of our people and the
1-11 national defense, it is the intent of the Legislature, in order to
1-12 protect the public health, safety and welfare, that the privilege
1-13 of practicing engineering be entrusted only to those persons duly
1-14 licensed<, registered> and practicing under the provisions of this
1-15 Act and that there be strict compliance with and enforcement of all
1-16 the provisions of this Act, and, in order that the state and
1-17 members of the public may be able to identify those duly authorized
1-18 to practice engineering in this state and fix responsibility for
1-19 work done or services or acts performed in the practice of
1-20 engineering, only licensed <and registered> persons shall practice,
1-21 offer or attempt to practice engineering or call themselves or be
1-22 otherwise designated as any kind of an "engineer" or in any manner
1-23 make use of the term "engineer" as a professional, business or
1-24 commercial identification, title, name, representation, claim or
2-1 asset, and all the provisions of this Act shall be liberally
2-2 construed and applied to carry out such legislative intent. In
2-3 furtherance of such intent and purpose of the Legislature, the
2-4 practice of engineering is hereby declared a learned profession to
2-5 be practiced and regulated as such, and its practitioners in this
2-6 state shall be held accountable to the state and members of the
2-7 public by high professional standards in keeping with the ethics
2-8 and practices of the other learned professions in this state.
2-9 There is specifically reserved to graduates of all public
2-10 universities recognized by the American Association of Colleges and
2-11 Universities the right to disclose any college degrees received by
2-12 such individual and use the word Graduate Engineer on his
2-13 stationery, business cards, and personal communications of any
2-14 character.
2-15 SECTION 2. Section 1.2, The Texas Engineering Practice Act
2-16 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
2-17 as follows:
2-18 Sec. 1.2. From and after the effective date of this Act,
2-19 unless duly licensed <and registered> in accordance with the
2-20 provisions of this Act, no person in this state shall:
2-21 (1) Practice, continue to practice, offer or attempt
2-22 to practice engineering or any branch or part thereof.
2-23 (2) Directly or indirectly, employ, use, cause to be
2-24 used or make use of any of the following terms or any combinations,
2-25 variations or abbreviations thereof as a professional, business or
2-26 commercial identification, title, name, representation, claim,
2-27 asset or means of advantage or benefit: "engineer," "professional
3-1 engineer," "licensed engineer," "registered engineer," "registered
3-2 professional engineer," "licensed professional engineer,"
3-3 "engineered."
3-4 (3) Directly or indirectly, employ, use, cause to be
3-5 used or make use of any letter, abbreviation, word, symbol, slogan,
3-6 sign or any combinations or variations thereof, which in any manner
3-7 whatsoever tends or is likely to create any impression with the
3-8 public or any member thereof that any person is qualified or
3-9 authorized to practice engineering unless such person is duly
3-10 licensed<, registered> under and practicing in accordance with the
3-11 provisions of this Act.
3-12 (4) Receive any fee or compensation or the promise of
3-13 any fee or compensation for performing, offering or attempting to
3-14 perform any service, work, act or thing which is any part of the
3-15 practice of engineering as defined by this Act.
3-16 Within the intent and meaning and for all purposes of this
3-17 Act, any person, firm, partnership, association or corporation
3-18 which shall do, offer or attempt to do any one or more of the acts
3-19 or things set forth in numbered paragraphs (1), (2), (3) or (4) of
3-20 this Section 1.2 shall be conclusively presumed and regarded as
3-21 engaged in the practice of engineering.
3-22 SECTION 3. Section 1.3, The Texas Engineering Practice Act
3-23 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
3-24 as follows:
3-25 Sec. 1.3. Every person licensed <and registered> by the
3-26 Board to engage in the practice of engineering shall in the
3-27 professional use of his name on any sign, directory, listing,
4-1 contract, document, pamphlet, stationery, letterhead,
4-2 advertisement, signature, or any other such means of professional
4-3 identification, written or printed, use one of the following
4-4 legally required identifications: Engineer, Professional Engineer
4-5 or P. E.
4-6 SECTION 4. Subdivisions (1) and (3), Section 2, The Texas
4-7 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
4-8 Statutes), are amended to read as follows:
4-9 (1) "Board" shall mean the Texas <State> Board of
4-10 <Registration for> Professional Engineers, provided for by this
4-11 Act.
4-12 (3) "Engineer," "professional engineer," "registered
4-13 engineer," "registered professional engineer," <or> "licensed
4-14 professional engineer," or "licensed engineer" shall mean a person
4-15 who has been duly licensed <and registered> by the Board to engage
4-16 in the practice of engineering in this state.
4-17 SECTION 5. Section 3, The Texas Engineering Practice Act
4-18 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
4-19 as follows:
4-20 Sec. 3. TEXAS <STATE> BOARD OF <REGISTRATION FOR>
4-21 PROFESSIONAL ENGINEERS--APPOINTMENT OF MEMBERS--TERMS. The Texas
4-22 <A State> Board of <Registration for> Professional Engineers is
4-23 hereby created whose duty it shall be to administer the provisions
4-24 of this Act. The Board shall consist of six (6) professional
4-25 engineers and three (3) representatives of the general public, who
4-26 shall be appointed by the Governor of the State, without regard to
4-27 the race, creed, sex, religion, or national origin of the
5-1 appointees and with the advice and consent of the Senate. At the
5-2 expiration of the term of each member first appointed, his
5-3 successor shall be appointed by the Governor of the State and he
5-4 shall serve for a term of six (6) years or until his successor
5-5 shall be appointed and qualified. Before entering upon the duties
5-6 of his office each member of the Board shall take the
5-7 Constitutional Oath of office and the same shall be filed with the
5-8 Secretary of State.
5-9 SECTION 6. Section 3a, The Texas Engineering Practice Act
5-10 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
5-11 as follows:
5-12 Sec. 3a. SUNSET PROVISION. The Texas <State> Board of
5-13 <Registration for> Professional Engineers is subject to Chapter
5-14 325, Government Code (Texas Sunset Act). Unless continued in
5-15 existence as provided by that chapter, the board is abolished and
5-16 this Act expires September 1, 2003.
5-17 SECTION 7. Subsection (d), Section 4, The Texas Engineering
5-18 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
5-19 amended to read as follows:
5-20 (d) The Board by majority vote may limit the participation
5-21 of general public members in the evaluations of applications for
5-22 licensure <registration> except in those instances in which the
5-23 evaluations take place at an official meeting of the Board.
5-24 SECTION 8. Subsections (a) and (b), Section 8, The Texas
5-25 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
5-26 Statutes), are amended to read as follows:
5-27 (a) In addition to any other powers and duties, the Board
6-1 shall have the authority and power to make and enforce all rules
6-2 and regulations and bylaws consistent with this Act as necessary
6-3 for the performance of its duties, the governance of its own
6-4 proceedings, and the regulation of the practice of engineering in
6-5 this state and may establish standards of conduct and ethics for
6-6 engineers in keeping with the purposes and intent of this Act and
6-7 to insure strict compliance with and enforcement of this Act. The
6-8 violation by any engineer of any provision of this Act or any rule
6-9 or regulation of the Board shall be a sufficient cause to suspend
6-10 or revoke the license <certificate of registration> of or to issue
6-11 a formal or informal reprimand to such engineer. In addition to
6-12 any other action, proceeding or remedy authorized by law, the Board
6-13 shall have the right to institute an action in its own name in a
6-14 district court of Travis County against any individual person to
6-15 enjoin any violation of any provision of this Act or any rule or
6-16 regulation of the Board and in order for the Board to sustain such
6-17 action it shall not be necessary to allege or prove, either that an
6-18 adequate remedy at law does not exist, or that substantial or
6-19 irreparable damage would result from the continued violation
6-20 thereof. Either party to such action may appeal to the appellate
6-21 court having jurisdiction of said cause. The Board shall not be
6-22 required to give any appeal bond in any cause arising under this
6-23 Act. The Attorney General shall represent the Board in all actions
6-24 and proceedings to enforce the provisions of this Act.
6-25 (b) The Board may promulgate rules restricting competitive
6-26 bidding. The Board may not promulgate rules restricting
6-27 advertising by a license holder <registrants> except to prohibit
7-1 false, misleading, or deceptive practices by the license holder
7-2 <registrants>. The Board may not include in its rules to prohibit
7-3 false, misleading, or deceptive practices by a person regulated by
7-4 the Board a rule that:
7-5 (1) restricts the person's use of any medium for
7-6 advertising;
7-7 (2) restricts the person's personal appearance or use
7-8 of his personal voice in an advertisement;
7-9 (3) relates to the size or duration of an
7-10 advertisement by the person; or
7-11 (4) restricts the person's advertisement under a trade
7-12 name.
7-13 SECTION 9. Subsection (a), Section 10, The Texas Engineering
7-14 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
7-15 amended to read as follows:
7-16 (a) The Board shall keep a record of its proceedings and
7-17 register of all applications for licensure <registration>, which
7-18 register shall show (a) the name, age and residence of each
7-19 applicant; (b) the date of the application; (c) the place of
7-20 business of such applicant; (d) his educational and other
7-21 qualifications; (e) whether or not an examination was required; (f)
7-22 whether the applicant was rejected; (g) whether a license
7-23 <certificate of registration> was granted; (h) the date of the
7-24 action of the Board; and (i) such other information as may be
7-25 deemed necessary by the Board.
7-26 The records of the Board shall be available to the public at
7-27 all times and shall be prima facie evidence of the proceedings of
8-1 the Board set forth therein, and a transcript thereof, duly
8-2 certified by the Secretary of the Board under seal, shall be
8-3 admissible in evidence with the same force and effect as if the
8-4 original was produced.
8-5 SECTION 10. Section 11, The Texas Engineering Practice Act
8-6 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
8-7 as follows:
8-8 Sec. 11. ROSTER OF LICENSED <REGISTERED> ENGINEERS. A
8-9 roster showing the names and places of business of all licensed
8-10 <registered> professional engineers shall be prepared and published
8-11 by the Board each biennium at a time determined by the Board.
8-12 Copies of this roster shall be furnished without charge to any
8-13 engineer licensed <registered> by the Board on the written request
8-14 of the engineer, placed on file with the Secretary of State, and
8-15 furnished to any person upon written request who tenders a
8-16 reproduction fee set by the Board.
8-17 SECTION 11. Section 12, The Texas Engineering Practice Act
8-18 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
8-19 as follows:
8-20 Sec. 12. GENERAL REQUIREMENTS FOR LICENSURE <REGISTRATION>.
8-21 (a) The following shall be considered as minimum evidence
8-22 satisfactory to the Board that the applicant is qualified for
8-23 licensure <registration> as a professional engineer:
8-24 (1) graduation from an approved curriculum in
8-25 engineering that is approved by the Board as of satisfactory
8-26 standing, passage of the examination requirements prescribed by the
8-27 Board, and a specific record of an additional four (4) years or
9-1 more of active practice in engineering work, of a character
9-2 satisfactory to the Board, indicating that the applicant is
9-3 competent to be placed in responsible charge of such work; or
9-4 (2) graduation from an engineering or related science
9-5 curriculum at a recognized institution of higher education, other
9-6 than a curriculum approved by the Board under Subdivision (1) of
9-7 this subsection, passage of the examination requirements prescribed
9-8 by the Board, and a specific record of at least eight (8) years of
9-9 active practice in engineering work of a character satisfactory to
9-10 the Board and indicating that the applicant is competent to be
9-11 placed in responsible charge of such work.
9-12 (b) Provided, that no person shall be eligible for licensure
9-13 <registration> as a professional engineer who is not of good
9-14 character and reputation; and provided further, that any engineer
9-15 licensed <registered> under this Act shall be eligible to hold any
9-16 appointive engineering position with the State of Texas.
9-17 (c) In considering the qualifications of applicants,
9-18 responsible charge of engineering teaching may be construed as
9-19 responsible charge of engineering work. The mere execution, as a
9-20 contractor, of work designed by a professional engineer, or the
9-21 supervision of the construction of such work as foreman or
9-22 superintendent shall not be deemed to be active practice in
9-23 engineering work.
9-24 (d) Any person having the necessary qualifications
9-25 prescribed in this Act to entitle him to licensure <registration>
9-26 shall be eligible for such licensure <registration> though he may
9-27 not be practicing at the time of making his application.
10-1 SECTION 12. Subsections (a), (b), and (d), Section 13, The
10-2 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
10-3 Statutes), as amended by Chapters 947 and 1090, Acts of the 71st
10-4 Legislature, Regular Session, 1989, are amended to read as follows:
10-5 (a) Applications for licensure <registration> shall be on
10-6 forms prescribed and furnished by the Board, be sworn, and contain:
10-7 (1) statements showing personal information about the
10-8 applicant, as required by Board rule, and describing the
10-9 applicant's education;
10-10 (2) a detailed summary of the applicant's actual
10-11 engineering work;
10-12 (3) a statement describing any earlier professional
10-13 engineering registrations or licenses by or denials, revocations,
10-14 or suspensions of professional engineering registrations or
10-15 licenses of the applicant;
10-16 (4) a statement describing any criminal offenses of
10-17 which the applicant has been convicted; and
10-18 (5) not less than five (5) references from individuals
10-19 with personal knowledge of the applicant's character, reputation,
10-20 and general suitability for licensure <registration>, of whom three
10-21 (3) or more shall be licensed <registered> engineers having
10-22 personal knowledge of the applicant's engineering experience.
10-23 (b) The Board shall establish reasonable and necessary fees
10-24 for the administration of this Act in amounts not to exceed:
10-25 1. License <Registration> fee $50
10-26 2. Annual renewal fee 75
10-27 3. Reciprocal license <registration> fee 50
11-1 4. Duplicate license <certificate of registration> 5
11-2 5. Engineer-in-training certificate 15
11-3 6. Roster of engineers 10
11-4 7. Examination fee 100
11-5 (d) The Board by rule may adopt reduced licensure and annual
11-6 renewal fees for licensed <registered> engineers who are at least
11-7 65 years of age.
11-8 SECTION 13. Subsections (a) and (c), Section 13B, The Texas
11-9 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
11-10 Statutes), are amended to read as follows:
11-11 (a) Each of the following fees imposed by or under another
11-12 section of this Act is increased by $200:
11-13 (1) license <registration> fee;
11-14 (2) annual renewal fee; and
11-15 (3) reciprocal license <registration> fee.
11-16 (c) Subsection (a) does not apply to a licensed <registered>
11-17 professional engineer who meets the qualifications for an exemption
11-18 from licensure <registration> under Section 20(g) or (h) of this
11-19 Act but who does not claim that exemption.
11-20 SECTION 14. Subsection (a), Section 14, The Texas
11-21 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
11-22 Statutes), is amended to read as follows:
11-23 (a) On payment of the examination fee, oral or written
11-24 examinations shall be administered to qualified applicants at such
11-25 time and place as the Board shall determine. The scope of the
11-26 examinations and the methods of procedure shall be prescribed by
11-27 the Board with special reference to the applicant's ability to
12-1 design and supervise engineering works, which shall insure the
12-2 safety of life, health, and property. Examinations shall be given
12-3 for the purpose of determining the qualifications of applicants for
12-4 licensure <registration> in professional engineering. The Board
12-5 may permit reexamination of an applicant on payment of an
12-6 appropriate reexamination fee in an amount set by the Board.
12-7 SECTION 15. Section 15, The Texas Engineering Practice Act
12-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
12-9 as follows:
12-10 Sec. 15. CERTIFICATES, SEALS. (a) The Board shall issue a
12-11 license <certificate of registration> upon payment of the license
12-12 <registration> fee as provided for in this Act, to any applicant,
12-13 who, in the opinion of the Board, has satisfactorily met all the
12-14 requirements of this Act. The license <In case of a registered
12-15 engineer, the certificate> shall authorize the practice of
12-16 professional engineering. A license <Certificates of registration>
12-17 shall show the full name of the license holder <registrant>, shall
12-18 have a serial number, and shall be signed by the Chairman and the
12-19 Secretary of the Board under seal of the Board. The issuance of a
12-20 license <certificate of registration> by this Board shall be
12-21 evidence that the person named therein is entitled to all rights
12-22 and privileges of a licensed <registered> professional engineer,
12-23 while the said certificate remains unrevoked or unexpired.
12-24 (b) Each license holder <registrant> hereunder shall upon
12-25 licensure <registration> obtain a seal of the design authorized by
12-26 the Board, bearing the license holder's <registrant's> name and the
12-27 legend "Licensed <"Registered> Professional Engineer" or Registered
13-1 Professional Engineer. Plans, specifications, plats, and reports
13-2 issued by a license holder <registrant> must include the license
13-3 holder's <registrant's> seal affixed to the document. It shall be
13-4 unlawful for any one to affix a seal on any document if the license
13-5 <certificate> of the license holder <registrant> named thereon has
13-6 expired or has been suspended or revoked, unless said license
13-7 <certificate> shall have been renewed or reissued.
13-8 (c) This Act applies to all engineering practiced in this
13-9 state that is not exempted under this Act. A public official of
13-10 this state or of a political subdivision of this state who is
13-11 charged with the enforcement of laws, ordinances, codes, or
13-12 regulations that affect the practice of engineering may only accept
13-13 plans, specifications, and other related documents prepared by a
13-14 licensed engineer <registered engineers>, as evidenced by the seal
13-15 of the engineer. A public official shall report violations of this
13-16 Act to the proper authorities.
13-17 SECTION 16. Section 16, The Texas Engineering Practice Act
13-18 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
13-19 as follows:
13-20 Sec. 16. EXPIRATIONS AND RENEWALS. (a) It shall be the
13-21 duty of the Board to notify every person licensed <registered>
13-22 under this Act of the date of the expiration of his license
13-23 <certificate> and the amount of the fee that shall be required for
13-24 its renewal for one year; such notice shall be mailed at least one
13-25 month in advance of the date of the expiration of said license
13-26 <certificate> to the last address provided by the license holder
13-27 <registrant> to the Board.
14-1 (b) A person may renew an unexpired license <certificate of
14-2 registration> by paying to the Board before the expiration date of
14-3 the license <certificate of registration> the required renewal fee.
14-4 (c) If a person's license <certificate of registration> has
14-5 been expired for not longer than 90 days, the person may renew the
14-6 license <certificate of registration> by paying to the Board the
14-7 required renewal fee and a penalty fee as set by the Board.
14-8 (d) If a person's license <certificate of registration> has
14-9 been expired for longer than 90 days but less than two years, the
14-10 person may renew the license <certificate of registration> by
14-11 paying to the Board all unpaid renewal fees and a penalty fee as
14-12 set by the Board.
14-13 (e) If a person's license <certificate of registration> has
14-14 been expired for two years or longer, the person may not renew the
14-15 license <certificate of registration>. The person may obtain a new
14-16 license <certificate of registration> by complying with the
14-17 requirements and procedures for obtaining an original license
14-18 <certificate of registration> that are in effect at the time the
14-19 person applies.
14-20 SECTION 17. Section 16.1, The Texas Engineering Practice Act
14-21 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
14-22 as follows:
14-23 Sec. 16.1. EXPIRATION DATES OF LICENSES <CERTIFICATES OF
14-24 REGISTRATION>. The board by rule may adopt a system under which
14-25 licenses <certificates of registration> expire on various dates
14-26 during the year, and the dates for reinstatement shall be adjusted
14-27 accordingly.
15-1 SECTION 18. Section 17, The Texas Engineering Practice Act
15-2 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
15-3 as follows:
15-4 Sec. 17. FIRMS, PARTNERSHIPS, CORPORATIONS AND JOINT STOCK
15-5 ASSOCIATIONS. A firm, or a co-partnership, or a corporation, or a
15-6 joint stock association may engage in the practice of professional
15-7 engineering in this State, provided such practice is carried on by
15-8 only professional engineers licensed <registered> in this State.
15-9 SECTION 19. Section 18, The Texas Engineering Practice Act
15-10 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
15-11 as follows:
15-12 Sec. 18. No firm, partnership, association, corporation or
15-13 other business entity shall hold itself out to the public or any
15-14 member thereof as being engaged in the practice of engineering
15-15 under any assumed, trade, business, partnership or corporate name
15-16 or employ, use, cause to be used or make use of in any manner
15-17 whatsoever any such words or terms as "engineer," "engineering,"
15-18 "engineering services," "engineering company," "engineering, inc.,"
15-19 "professional engineers," "licensed engineer," "registered
15-20 engineer," "licensed professional engineer," "registered
15-21 professional engineer," "engineered," or any combinations,
15-22 abbreviations or variations thereof, or in combination with any
15-23 other words, letters, initials, signs or symbols on, in or as a
15-24 part of, directly or indirectly, any sign, directory, listing,
15-25 contract, document, pamphlet, stationery, letterhead,
15-26 advertisement, signature, trade name, assumed name, corporate or
15-27 other business name unless such firm, partnership, association,
16-1 corporation or other business entity is actually and actively
16-2 engaged in the practice of engineering or offering engineering
16-3 services to the public, and any and all services, work, acts or
16-4 things performed or done by it which constitute any part of the
16-5 practice of engineering are either personally performed or done by
16-6 a licensed <registered> engineer or under the responsible
16-7 supervision of a licensed <registered> engineer.
16-8 SECTION 20. Subsection (a), Section 19, The Texas
16-9 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
16-10 Statutes), is amended to read as follows:
16-11 (a) It is unlawful for this State or for any of its
16-12 political subdivisions, including any county, city, or town, to
16-13 engage in the construction of any public work involving
16-14 professional engineering, where public health, public welfare or
16-15 public safety is involved, unless the engineering plans and
16-16 specifications and estimates have been prepared by, and the
16-17 engineering construction is to be executed under the direct
16-18 supervision of a licensed <registered> professional engineer.
16-19 However nothing in this Act shall be held to apply to any public
16-20 work wherein the contemplated expenditure for the completed project
16-21 does not exceed Eight Thousand ($8,000.00) Dollars.
16-22 SECTION 21. Section 20, The Texas Engineering Practice Act
16-23 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
16-24 as follows:
16-25 Sec. 20. EXEMPTIONS. The following persons shall be exempt
16-26 from the licensure <registration> provisions of this Act, provided
16-27 that such persons are not directly or indirectly represented or
17-1 held out to the public to be legally qualified to engage in the
17-2 practice of engineering:
17-3 (a) A person not a resident of and having no
17-4 established place of business in this state if that person:
17-5 (1) has filed an application for licensure
17-6 <registration> as a professional engineer with the Board and the
17-7 application is pending Board action;
17-8 (2) is legally qualified to practice engineering
17-9 in another jurisdiction whose requirements for practice are at
17-10 least as strict as those required by this state; and
17-11 (3) affixes the person's seal from the
17-12 jurisdiction in which the person is legally qualified to practice
17-13 on all work completed while the application for licensure
17-14 <registration> to practice in this state is pending.
17-15 (b) A person who has recently become a resident of
17-16 this state if that person:
17-17 (1) has filed an application for licensure
17-18 <registration> as a professional engineer with the Board and the
17-19 application is pending Board action;
17-20 (2) is legally qualified to practice engineering
17-21 in another jurisdiction whose requirements for practice are at
17-22 least as strict as those required by this state; and
17-23 (3) affixes the person's seal from the
17-24 jurisdiction in which the person is legally qualified to practice
17-25 on all work completed while the application for licensure
17-26 <registration> to practice in this state is pending.
17-27 (c) An employee or a subordinate of a person holding a
18-1 license <certificate of registration> under this Act, or any
18-2 employee of a person exempted from licensure <registration> by
18-3 classes (a) and (b) of this Section; provided, his practice does
18-4 not include responsible charge of design or supervision.
18-5 (d) Officers and employees of the Government of the
18-6 United States while engaged within this state in the practice of
18-7 the profession of engineering for said Government.
18-8 (e) A person doing the actual work of installing,
18-9 operating, repairing, or servicing locomotive or stationary
18-10 engines, steam boilers, Diesel engines, internal combustion
18-11 engines, refrigeration compressors and systems, hoisting engines,
18-12 electrical engines, air conditioning equipment and systems, or
18-13 mechanical and electrical, electronic or communications equipment
18-14 and apparatus; this Act may not be construed to prevent any citizen
18-15 from identifying himself in the name and trade of any engineers'
18-16 labor organization with which he may be affiliated, however, this
18-17 exemption may not be construed to permit any person other than a
18-18 licensed <registered> professional engineer to affix his signature
18-19 to engineering plans, or specifications and may not be construed to
18-20 permit a person to use the term "engineer" or "engineering" in any
18-21 manner prohibited by this Act.
18-22 (f) A person, firm, partnership, joint stock
18-23 association or private corporation, erecting, constructing,
18-24 enlarging, altering or repairing, or drawing plans and
18-25 specifications for: (1) any private dwelling, or apartments not
18-26 exceeding eight units per building for one story buildings, or
18-27 apartments not exceeding four units per building and having a
19-1 maximum height of two stories, or garages or other structures
19-2 pertinent to such buildings; or (2) private buildings which are to
19-3 be used exclusively for farm, ranch or agricultural purposes, or
19-4 used exclusively for storage of raw agricultural commodities; or
19-5 (3) other buildings, except public buildings included under Section
19-6 19 of this Act, having no more than one story and containing no
19-7 clear span between supporting structures greater than 24 feet on
19-8 the narrow side and having a total floor area not in excess of five
19-9 thousand square feet; provided that on unsupported spans greater
19-10 than 24 feet on such buildings only the trusses, beams, or other
19-11 roof supporting members need to be engineered or pre-engineered;
19-12 provided that no representation is made or implied that engineering
19-13 services have been or will be offered to the public.
19-14 (g) Any regular full time employee of a private
19-15 corporation or other private business entity who is engaged solely
19-16 and exclusively in performing services for such corporation and/or
19-17 its affiliates; provided, such employee's services are on, or in
19-18 connection with, property owned or leased by such private
19-19 corporation and/or its affiliates or other private business entity,
19-20 or in which such private corporation and/or its affiliates or other
19-21 business entity has an interest, estate or possessory right, or
19-22 whose services affect exclusively the property, products, or
19-23 interests of such private corporation and/or its affiliates or
19-24 other private business entity; and, provided further, that such
19-25 employee does not have the final authority for the approval of, and
19-26 the ultimate responsibility for, engineering designs, plans or
19-27 specifications pertaining to such property or products which are to
20-1 be incorporated into fixed works, systems, or facilities on the
20-2 property of others or which are to be made available to the general
20-3 public. This exemption includes the use of job titles and
20-4 personnel classifications by such persons not in connection with
20-5 any offer of engineering services to the public, providing that no
20-6 name, title, or words are used which tend to convey the impression
20-7 that an unlicensed person is offering engineering services to the
20-8 public.
20-9 (h) Any regular full time employee of a privately
20-10 owned public utility or cooperative utility and/or affiliates who
20-11 is engaged solely and exclusively in performing services for such
20-12 utility and/or its affiliates; provided, that such employee does
20-13 not have the final authority for the approval of, and the ultimate
20-14 responsibility for engineering designs, plans or specifications to
20-15 be incorporated into fixed works, systems, or facilities on the
20-16 property of others or which are to be made available to the general
20-17 public. This exemption includes the use of job titles and
20-18 personnel classifications by such persons not in connection with
20-19 any offer of engineering services to the public, providing that no
20-20 name, title, or words are used which tend to convey the impression
20-21 that an unlicensed person is offering engineering services to the
20-22 public.
20-23 (i) Qualified scientists engaged in scientific
20-24 research and investigation of the physical or natural sciences,
20-25 including the usual work and activities of meteorologists,
20-26 seismologists, geologists, chemists, geochemists, physicists and
20-27 geophysicists.
21-1 (j) Nothing in this Act shall be construed or applied
21-2 so as to prohibit or in any way restrict any person from giving
21-3 testimony or preparing exhibits or documents for the sole purpose
21-4 of being placed in evidence before any administrative or judicial
21-5 tribunal of competent jurisdiction.
21-6 (k) Nothing in this Act shall apply to any
21-7 agricultural work being performed in carrying out soil and water
21-8 conservation practices.
21-9 (l) This Act shall not be construed as applying to
21-10 operating telephone companies and/or affiliates or their employees
21-11 in respect to any plans, designs, specifications, or services which
21-12 relate strictly to the science and art of telephony. This
21-13 exemption includes the use of job titles and personnel
21-14 classifications by such persons not in connection with any offer of
21-15 engineering services to the public, providing that no name, title,
21-16 or words are used which tend to convey the impression that an
21-17 unlicensed person is offering engineering services to the public.
21-18 SECTION 22. Section 21, The Texas Engineering Practice Act
21-19 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
21-20 as follows:
21-21 Sec. 21. LICENSURE <REGISTRATION> BY NONRESIDENTS. A person
21-22 who holds a valid certificate of registration or license issued to
21-23 him by proper authority of any state or territory or possession of
21-24 the United States, the District of Columbia, or any foreign country
21-25 may apply for licensure <registration> in this state.
21-26 SECTION 23. Section 22, The Texas Engineering Practice Act
21-27 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
22-1 as follows:
22-2 Sec. 22. DENIAL, REVOCATION, SUSPENSION, PROBATION,
22-3 REPRIMAND, RE-ISSUANCE AND REFUSAL OF LICENSE <CERTIFICATE>.
22-4 (a) The Board shall revoke, suspend, or refuse to renew a license
22-5 <registration>, shall reprimand a license holder <registrant>, may
22-6 deny an application for licensure <registration>, or may probate
22-7 any suspension of any license holder <registrant> who is determined
22-8 by the Board to be censurable for:
22-9 (1) The practice of any fraud or deceit in obtaining a
22-10 license <certificate of registration>;
22-11 (2) Any gross negligence, incompetency, or misconduct
22-12 in the practice of professional engineering as a licensed
22-13 <registered> professional engineer;
22-14 (3) Any documented instance of retaliation by an
22-15 applicant against an individual who has served as a reference for
22-16 that applicant;
22-17 (4) A violation of this Act or a Board rule; or
22-18 (5) A failure to timely provide plans and
22-19 specifications to the Texas Department of Licensing and Regulation
22-20 as required by Article 9102, Revised Statutes.
22-21 (b) Any person who may feel himself aggrieved by reason of
22-22 the revocation of his license <certificate of registration> by the
22-23 Board, as hereinabove authorized, shall have the right to file suit
22-24 in the district court of the county of his residence, or of the
22-25 county in which the alleged offense relied upon as grounds for
22-26 revocation took place, to annul or vacate the order of the Board
22-27 revoking the license <certificate of registration>.
23-1 (c) If the Board proposes to suspend or revoke a person's
23-2 license <certificate of registration>, the person is entitled to a
23-3 hearing before the Board. Proceedings for the suspension or
23-4 revocation of a license <certificate of registration> are governed
23-5 by Chapter 2001, Government Code <the Administrative Procedure and
23-6 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
23-7 Civil Statutes)>.
23-8 (d) The Board, for reasons it may deem sufficient, may
23-9 re-issue a license <certificate of registration> to any person
23-10 whose license <certificate> has been revoked, provided six (6) or
23-11 more members of the Board vote in favor of such re-issuance. A new
23-12 license <certificate of registration>, to replace any license
23-13 <certificate> revoked, lost, destroyed, or mutilated, may be
23-14 issued, subject to the rules of the Board.
23-15 SECTION 24. Section 22A, The Texas Engineering Practice Act
23-16 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
23-17 as follows:
23-18 Sec. 22A. INFORMATION ABOUT COMPLAINTS. (a) The Board
23-19 shall keep an information file about each complaint filed with the
23-20 Board relating to a license holder <registrant>.
23-21 (b) If a written complaint is filed with the Board relating
23-22 to a license holder <registrant>, the Board, at least as frequently
23-23 as quarterly, shall notify the parties to the complaint of the
23-24 status of the complaint until final disposition unless the
23-25 notification would jeopardize an undercover investigation.
23-26 SECTION 25. The Texas Engineering Practice Act (Article
23-27 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
24-1 22C to read as follows:
24-2 Sec. 22C. ADMINISTRATIVE PENALTIES. (a) The Board may
24-3 impose an administrative penalty against a person licensed under
24-4 this Act or any other person who violates this Act or a rule or
24-5 order adopted under this Act. The Board may include in the amount
24-6 of the administrative penalty the actual costs of investigating and
24-7 prosecuting the violation.
24-8 (b) The penalty for a violation may be in an amount not to
24-9 exceed $3,000. Each day a violation continues or occurs is a
24-10 separate violation for purposes of imposing a penalty.
24-11 (c) The amount of the penalty shall be based on:
24-12 (1) the seriousness of the violation, including the
24-13 nature, circumstances, extent, and gravity of any prohibited acts,
24-14 and the hazard or potential hazard created to the health, safety,
24-15 or economic welfare of the public;
24-16 (2) the economic harm to property or the environment
24-17 caused by the violation;
24-18 (3) the history of previous violations;
24-19 (4) the amount necessary to deter future violations;
24-20 (5) efforts or resistance to efforts to correct the
24-21 violation; and
24-22 (6) any other matter that justice may require.
24-23 (d) The director of the Board may hold informal conferences,
24-24 hold peer reviews, or perform any other procedures, including the
24-25 subpoenaing of witnesses and records, to determine whether a
24-26 violation has occurred. On the determination by the director that
24-27 a violation has occurred, the director may issue to the Chairman of
25-1 the Board a report that states the facts on which the determination
25-2 is based and the director's recommendation on the imposition of a
25-3 penalty, including a recommendation on the amount of the penalty.
25-4 (e) Within 14 days after the date the report is issued, the
25-5 director shall give written notice of the report to the person.
25-6 The notice may be given by certified mail. The notice must include
25-7 a brief summary of the alleged violation and a statement of the
25-8 amount of the recommended penalty and must inform the person that
25-9 the person has a right to a hearing on the occurrence of the
25-10 violation, the amount of the penalty, or both the occurrence of the
25-11 violation and the amount of the penalty.
25-12 (f) Within 20 days after the date the person receives the
25-13 notice, the person in writing may accept the determination and
25-14 recommended penalty of the director or may make a written request
25-15 for a hearing on the occurrence of the violation, the amount of the
25-16 penalty, or both the occurrence of the violation and the amount of
25-17 the penalty.
25-18 (g) If the person accepts the determination and recommended
25-19 penalty of the director, the Board by order shall approve the
25-20 determination and impose the recommended penalty.
25-21 (h) If the person requests a hearing or fails to respond
25-22 timely to the notice, the director shall set a hearing and give
25-23 notice of the hearing to the person. The hearing shall be held by
25-24 an administrative law judge of the State Office of Administrative
25-25 Hearings. The administrative law judge shall make findings of fact
25-26 and conclusions of law and promptly issue to the Board a proposal
25-27 for a decision about the occurrence of the violation and the amount
26-1 of a proposed penalty. Based on the findings of fact, conclusions
26-2 of law, and proposal for a decision, the Board by order may find
26-3 that a violation has occurred and impose a penalty or may find that
26-4 no violation occurred.
26-5 (i) The notice of the Board's order given to the person
26-6 under Chapter 2001, Government Code, must include a statement of
26-7 the right of the person to judicial review of the order.
26-8 (j) Within 30 days after the date the Board's order becomes
26-9 final as provided by Section 2001.144, Government Code, the person
26-10 shall:
26-11 (1) pay the amount of the penalty;
26-12 (2) pay the amount of the penalty and file a petition
26-13 for judicial review contesting the occurrence of the violation, the
26-14 amount of the penalty, or both the occurrence of the violation and
26-15 the amount of the penalty; or
26-16 (3) without paying the amount of the penalty, file a
26-17 petition for judicial review contesting the occurrence of the
26-18 violation, the amount of the penalty, or both the occurrence of the
26-19 violation and the amount of the penalty.
26-20 (k) Within the 30-day period, a person who acts under
26-21 Subsection (j)(3) of this section may:
26-22 (1) stay enforcement of the penalty by:
26-23 (A) paying the amount of the penalty to the
26-24 court for placement in an escrow account; or
26-25 (B) giving to the court a supersedeas bond that
26-26 is approved by the court for the amount of the penalty and that is
26-27 effective until all judicial review of the Board's order is final;
27-1 or
27-2 (2) request the court to stay enforcement of the
27-3 penalty by:
27-4 (A) filing with the court a sworn affidavit of
27-5 the person stating that the person is financially unable to pay the
27-6 amount of the penalty and is financially unable to give the
27-7 supersedeas bond; and
27-8 (B) giving a copy of the affidavit to the
27-9 director by certified mail.
27-10 (l) On receipt by the director of a copy of an affidavit
27-11 under Subsection (k)(2) of this section, the director may file with
27-12 the court, within five days after the date the copy is received, a
27-13 contest to the affidavit. The court shall hold a hearing on the
27-14 facts alleged in the affidavit as soon as practicable and shall
27-15 stay the enforcement of the penalty on finding that the alleged
27-16 facts are true. The person who files an affidavit has the burden
27-17 of proving that the person is financially unable to pay the amount
27-18 of the penalty and to give a supersedeas bond.
27-19 (m) If the person does not pay the amount of the penalty and
27-20 the enforcement of the penalty is not stayed, the director may
27-21 refer the matter to the attorney general for collection of the
27-22 amount of the penalty.
27-23 (n) Judicial review of the order of the Board:
27-24 (1) is instituted by filing a petition as provided by
27-25 Subchapter G, Chapter 2001, Government Code; and
27-26 (2) is under the substantial evidence rule.
27-27 (o) If the court sustains the occurrence of the violation,
28-1 the court may uphold or reduce the amount of the penalty and order
28-2 the person to pay the full or reduced amount of the penalty. If
28-3 the court does not sustain the occurrence of the violation, the
28-4 court shall order that no penalty is owed.
28-5 (p) When the judgment of the court becomes final, the court
28-6 shall proceed under this subsection. If the person paid the amount
28-7 of the penalty and if that amount is reduced or is not upheld by
28-8 the court, the court shall order that the appropriate amount plus
28-9 accrued interest be remitted to the person. The rate of the
28-10 interest is the rate charged on loans to depository institutions by
28-11 the New York Federal Reserve Bank, and the interest shall be paid
28-12 for the period beginning on the date the penalty was paid and
28-13 ending on the date the penalty is remitted. If the person gave a
28-14 supersedeas bond and if the amount of the penalty is not upheld by
28-15 the court, the court shall order the release of the bond. If the
28-16 person gave a supersedeas bond and if the amount of the penalty is
28-17 reduced, the court shall order the release of the bond after the
28-18 person pays the amount.
28-19 (q) A penalty collected under this section shall be remitted
28-20 to the comptroller for deposit in the general revenue fund, except
28-21 that the portion of the penalty that represents the costs of the
28-22 Board in investigating and prosecuting the violation shall be
28-23 remitted to the Board as reimbursement for performance of the
28-24 Board's regulatory functions.
28-25 (r) All proceedings under this section are subject to
28-26 Chapter 2001, Government Code.
28-27 SECTION 26. Subsection (a), Section 23, The Texas
29-1 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
29-2 Statutes), is amended to read as follows:
29-3 (a) Any person who shall practice, or offer to practice, the
29-4 profession of engineering in this State without being licensed
29-5 <registered> or exempted from licensure <registration> in
29-6 accordance with the provisions of this Act, or any person
29-7 presenting or attempting to use as his own the license <certificate
29-8 of registration> or the seal of another, or any person who shall
29-9 give any false or forged evidence of any kind to the Board or to
29-10 any member thereof in obtaining a license <certificate of
29-11 registration>, or any person who shall violate any of the
29-12 provisions of this Act, commits an offense. An offense under this
29-13 subsection is a Class A misdemeanor.
29-14 SECTION 27. Section 26, The Texas Engineering Practice Act
29-15 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
29-16 as follows:
29-17 Sec. 26. CONFIDENTIALITY OF CERTAIN INFORMATION. A
29-18 statement made by a person providing a reference for an applicant
29-19 and other pertinent information compiled by or submitted to the
29-20 Board relating to an applicant for licensure <registration> under
29-21 this Act is privileged and confidential and may be used only by the
29-22 Board or employees or agents of the Board who are directly involved
29-23 in the application or licensure <registration> process. The
29-24 information is not subject to discovery, subpoena, or other
29-25 disclosure.
29-26 SECTION 28. Subsection (d), Section 13, The Texas
29-27 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
30-1 Statutes), as added by Section 1, Chapter 1090, Acts of the 71st
30-2 Legislature, Regular Session, 1989, is repealed.
30-3 SECTION 29. This Act takes effect September 1, 1995, and
30-4 applies only to a violation of The Texas Engineering Practice Act
30-5 (Article 3271a, Vernon's Texas Civil Statutes) or a rule adopted
30-6 under that Act that is reported to the Texas Board of Professional
30-7 Engineers on or after that date. A violation that is reported to
30-8 the board before that date is governed by the law in effect on the
30-9 date the violation is reported to the board, and the former law is
30-10 continued in effect for that purpose.
30-11 SECTION 30. The change in law made by this Act relating to
30-12 the change in the type of credential issued to practice as an
30-13 engineer does not affect the validity of a certificate of
30-14 registration issued before the effective date of this Act.
30-15 SECTION 31. The importance of this legislation and the
30-16 crowded condition of the calendars in both houses create an
30-17 emergency and an imperative public necessity that the
30-18 constitutional rule requiring bills to be read on three several
30-19 days in each house be suspended, and this rule is hereby suspended.