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.