75R10955 E
By Uher, et al. H.B. No. 1321
Substitute the following for H.B. No. 1321:
By Wilson C.S.H.B. No. 1321
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of engineering;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.1, The Texas Engineering Practice Act
1-6 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 Sec. 1.1. In recognition of the vital impact which the rapid
1-9 advance of knowledge of the mathematical, physical and engineering
1-10 sciences as applied in the practice of engineering is having upon
1-11 the lives, property, economy and security of our people and the
1-12 national defense, it is the intent of the Legislature, in order to
1-13 protect the public health, safety and welfare, that the privilege
1-14 of practicing engineering be entrusted only to those persons duly
1-15 licensed[, registered] and practicing under the provisions of this
1-16 Act and that there be strict compliance with and enforcement of all
1-17 the provisions of this Act, and, in order that the state and
1-18 members of the public may be able to identify those duly authorized
1-19 to practice engineering in this state and fix responsibility for
1-20 work done or services or acts performed in the practice of
1-21 engineering, only licensed [and registered] persons shall practice,
1-22 offer or attempt to practice engineering or call themselves or be
1-23 otherwise designated as any kind of an "engineer" or in any manner
1-24 make use of the term "engineer" as a professional, business or
2-1 commercial identification, title, name, representation, claim or
2-2 asset, and all the provisions of this Act shall be liberally
2-3 construed and applied to carry out such legislative intent. In
2-4 furtherance of such intent and purpose of the Legislature, the
2-5 practice of engineering is hereby declared a learned profession to
2-6 be practiced and regulated as such, and its practitioners in this
2-7 state shall be held accountable to the state and members of the
2-8 public by high professional standards in keeping with the ethics
2-9 and practices of the other learned professions in this state.
2-10 There is specifically reserved to graduates of all public
2-11 universities recognized by the American Association of Colleges and
2-12 Universities the right to disclose any college degrees received by
2-13 such individual and use the word Graduate Engineer on his
2-14 stationery, business cards, and personal communications of any
2-15 character.
2-16 SECTION 2. Section 1.2, The Texas Engineering Practice Act
2-17 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
2-18 as follows:
2-19 Sec. 1.2. From and after the effective date of this Act,
2-20 unless duly licensed [and registered] in accordance with the
2-21 provisions of this Act, no person in this state shall:
2-22 (1) Practice, continue to practice, offer or attempt
2-23 to practice engineering or any branch or part thereof.
2-24 (2) Directly or indirectly, employ, use, cause to be
2-25 used or make use of any of the following terms or any combinations,
2-26 variations or abbreviations thereof as a professional, business or
2-27 commercial identification, title, name, representation, claim,
3-1 asset or means of advantage or benefit: "engineer," "professional
3-2 engineer," "licensed engineer," "registered engineer," "registered
3-3 professional engineer," "licensed professional engineer,"
3-4 "engineered."
3-5 (3) Directly or indirectly, employ, use, cause to be
3-6 used or make use of any letter, abbreviation, word, symbol, slogan,
3-7 sign or any combinations or variations thereof, which in any manner
3-8 whatsoever tends or is likely to create any impression with the
3-9 public or any member thereof that any person is qualified or
3-10 authorized to practice engineering unless such person is duly
3-11 licensed[, registered] under and practicing in accordance with the
3-12 provisions of this Act.
3-13 (4) Receive any fee or compensation or the promise of
3-14 any fee or compensation for performing, offering or attempting to
3-15 perform any service, work, act or thing which is any part of the
3-16 practice of engineering as defined by this Act.
3-17 Within the intent and meaning and for all purposes of this
3-18 Act, any person, firm, partnership, association or corporation
3-19 which shall do, offer or attempt to do any one or more of the acts
3-20 or things set forth in numbered paragraphs (1), (2), (3) or (4) of
3-21 this Section 1.2 shall be conclusively presumed and regarded as
3-22 engaged in the practice of engineering.
3-23 SECTION 3. Section 1.3, The Texas Engineering Practice Act
3-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
3-25 as follows:
3-26 Sec. 1.3. Every person licensed [and registered] by the
3-27 Board to engage in the practice of engineering shall in the
4-1 professional use of his name on any sign, directory, listing,
4-2 contract, document, pamphlet, stationery, letterhead,
4-3 advertisement, signature, or any other such means of professional
4-4 identification, written or printed, use one of the following
4-5 legally required identifications: Engineer, Professional Engineer
4-6 or P. E.
4-7 SECTION 4. Sections 2(1), (3), and (4), The Texas
4-8 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
4-9 Statutes), are amended to read as follows:
4-10 (1) "Board" shall mean the Texas [State] Board of
4-11 [Registration for] Professional Engineers, provided for by this
4-12 Act.
4-13 (3) "Engineer," "professional engineer," "registered
4-14 engineer," "registered professional engineer," [or] "licensed
4-15 professional engineer," or "licensed engineer" shall mean a person
4-16 who has been duly licensed [and registered] by the Board to engage
4-17 in the practice of engineering in this state.
4-18 (4) "Practice of engineering," or "practice of
4-19 professional engineering" shall mean any service or creative work,
4-20 either public or private, the adequate performance of which
4-21 requires engineering education, training and experience in the
4-22 application of special knowledge or judgment of the mathematical,
4-23 physical, or engineering sciences to such services or creative
4-24 work.
4-25 To the extent the following services or types of creative
4-26 work meet this definition, the term includes consultation,
4-27 investigation, evaluation, analysis, planning, engineering for
5-1 program management, providing an expert engineering opinion or
5-2 testimony, engineering for testing or evaluating materials for
5-3 construction and other engineering uses, and mapping; design,
5-4 conceptual design, or conceptual design coordination of engineering
5-5 works and systems; development or optimization of plans and
5-6 specifications for engineering works and systems; planning the use
5-7 or alteration of land and water or the design or analysis of works
5-8 or systems for the use or alteration of land and water; teaching
5-9 advanced engineering subjects; performing engineering surveys and
5-10 studies; engineering for construction, alteration, or repair of
5-11 real property; engineering for preparation of operating and
5-12 maintenance manuals; and engineering for review of the construction
5-13 or installation of engineered works to monitor compliance with
5-14 drawings and specifications.
5-15 The activities included in the practice of engineering
5-16 include services, designs, analyses, or other work performed for a
5-17 public or private entity in connection with utilities, structures,
5-18 buildings, machines, equipment, processes, systems, works,
5-19 projects, and industrial or consumer products or equipment of a
5-20 mechanical, electrical, electronic, chemical, hydraulic, pneumatic,
5-21 geotechnical, or thermal nature and include other professional
5-22 services necessary for the planning, progress, and completion of
5-23 any engineering service.
5-24 In this subdivision:
5-25 (A) "Design coordination" includes the review
5-26 and coordination of technical submissions prepared by others,
5-27 including the work of other professionals working with or under the
6-1 direction of an engineer with due professional regard for the
6-2 abilities of all professional parties involved in a
6-3 multidisciplinary effort.
6-4 (B) "Engineering surveys" includes all survey
6-5 activities required to support the sound conception, planning,
6-6 design, construction, maintenance, and operation of an engineered
6-7 project, but does not include the surveying of real property and
6-8 other activities regulated under the Professional Land Surveying
6-9 Practices Act (Article 5282c, Vernon's Texas Civil Statutes).
6-10 SECTION 5. Section 3, The Texas Engineering Practice Act
6-11 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
6-12 as follows:
6-13 Sec. 3. TEXAS [STATE] BOARD OF [REGISTRATION FOR]
6-14 PROFESSIONAL ENGINEERS--APPOINTMENT OF MEMBERS--TERMS. The Texas
6-15 [A State] Board of [Registration for] Professional Engineers is
6-16 hereby created whose duty it shall be to administer the provisions
6-17 of this Act. The Board shall consist of six (6) professional
6-18 engineers and three (3) representatives of the general public, who
6-19 shall be appointed by the Governor of the State, without regard to
6-20 the race, creed, sex, religion, or national origin of the
6-21 appointees and with the advice and consent of the Senate. At the
6-22 expiration of the term of each member first appointed, his
6-23 successor shall be appointed by the Governor of the State and he
6-24 shall serve for a term of six (6) years or until his successor
6-25 shall be appointed and qualified. Before entering upon the duties
6-26 of his office each member of the Board shall take the
6-27 Constitutional Oath of office and the same shall be filed with the
7-1 Secretary of State.
7-2 SECTION 6. Section 3a, The Texas Engineering Practice Act
7-3 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
7-4 as follows:
7-5 Sec. 3a. SUNSET PROVISION. The Texas [State] Board of
7-6 [Registration for] Professional Engineers is subject to Chapter
7-7 325, Government Code (Texas Sunset Act). Unless continued in
7-8 existence as provided by that chapter, the board is abolished and
7-9 this Act expires September 1, 2003.
7-10 SECTION 7. Section 4(d), The Texas Engineering Practice Act
7-11 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
7-12 as follows:
7-13 (d) The Board by majority vote may limit the participation
7-14 of general public members in the evaluations of applications for
7-15 licensure [registration] except in those instances in which the
7-16 evaluations take place at an official meeting of the Board.
7-17 SECTION 8. Sections 8(a) and (b), The Texas Engineering
7-18 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
7-19 amended to read as follows:
7-20 (a) In addition to any other powers and duties, the Board
7-21 shall have the authority and power to make and enforce all rules
7-22 and regulations and bylaws consistent with this Act as necessary
7-23 for the performance of its duties, the governance of its own
7-24 proceedings, and the regulation of the practice of engineering in
7-25 this state and may establish standards of conduct and ethics for
7-26 engineers in keeping with the purposes and intent of this Act and
7-27 to insure strict compliance with and enforcement of this Act. The
8-1 violation by any engineer of any provision of this Act or any rule
8-2 or regulation of the Board shall be a sufficient cause to suspend
8-3 or revoke the license [certificate of registration] of or to issue
8-4 a formal or informal reprimand to such engineer. In addition to
8-5 any other action, proceeding or remedy authorized by law, the Board
8-6 shall have the right to institute an action in its own name in a
8-7 district court of Travis County against any individual person,
8-8 firm, partnership, or other entity to enjoin any violation of any
8-9 provision of this Act or any rule or regulation of the Board and in
8-10 order for the Board to sustain such action it shall not be
8-11 necessary to allege or prove, either that an adequate remedy at law
8-12 does not exist, or that substantial or irreparable damage would
8-13 result from the continued violation thereof. Either party to such
8-14 action may appeal to the appellate court having jurisdiction of
8-15 said cause. The Board shall not be required to give any appeal
8-16 bond in any cause arising under this Act. The Attorney General
8-17 shall represent the Board in all actions and proceedings to enforce
8-18 the provisions of this Act.
8-19 (b) The Board may promulgate rules restricting competitive
8-20 bidding. The Board may not promulgate rules restricting
8-21 advertising by a license holder [registrants] except to prohibit
8-22 false, misleading, or deceptive practices by the license holder
8-23 [registrants]. The Board may not include in its rules to prohibit
8-24 false, misleading, or deceptive practices by a person regulated by
8-25 the Board a rule that:
8-26 (1) restricts the person's use of any medium for
8-27 advertising;
9-1 (2) restricts the person's personal appearance or use
9-2 of his personal voice in an advertisement;
9-3 (3) relates to the size or duration of an
9-4 advertisement by the person; or
9-5 (4) restricts the person's advertisement under a trade
9-6 name.
9-7 SECTION 9. Section 10(a), The Texas Engineering Practice Act
9-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
9-9 as follows:
9-10 (a) The Board shall keep a record of its proceedings and
9-11 register of all applications for licensure [registration], which
9-12 register shall show (a) the name, age and residence of each
9-13 applicant; (b) the date of the application; (c) the place of
9-14 business of such applicant; (d) his educational and other
9-15 qualifications; (e) whether or not an examination was required; (f)
9-16 whether the applicant was rejected; (g) whether a license
9-17 [certificate of registration] was granted; (h) the date of the
9-18 action of the Board; and (i) such other information as may be
9-19 deemed necessary by the Board.
9-20 The records of the Board shall be available to the public at
9-21 all times and shall be prima facie evidence of the proceedings of
9-22 the Board set forth therein, and a transcript thereof, duly
9-23 certified by the Secretary of the Board under seal, shall be
9-24 admissible in evidence with the same force and effect as if the
9-25 original was produced.
9-26 SECTION 10. Section 11, The Texas Engineering Practice Act
9-27 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
10-1 as follows:
10-2 Sec. 11. ROSTER OF LICENSED [REGISTERED] ENGINEERS. A
10-3 roster showing the names and places of business of all licensed
10-4 [registered] professional engineers shall be prepared and published
10-5 by the Board each biennium at a time determined by the Board.
10-6 Copies of this roster shall be furnished without charge to any
10-7 engineer licensed [registered] by the Board on the written request
10-8 of the engineer, placed on file with the Secretary of State, and
10-9 furnished to any person upon written request who tenders a
10-10 reproduction fee set by the Board.
10-11 SECTION 11. Section 12, The Texas Engineering Practice Act
10-12 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
10-13 as follows:
10-14 Sec. 12. GENERAL REQUIREMENTS FOR LICENSURE [REGISTRATION].
10-15 (a) The following shall be considered as minimum evidence
10-16 satisfactory to the Board that the applicant is qualified for
10-17 licensure [registration] as a professional engineer:
10-18 (1) graduation from an approved curriculum in
10-19 engineering that is approved by the Board as of satisfactory
10-20 standing, passage of the examination requirements prescribed by the
10-21 Board, and a specific record of an additional four (4) years or
10-22 more of active practice in engineering work, of a character
10-23 satisfactory to the Board, indicating that the applicant is
10-24 competent to be placed in responsible charge of such work; or
10-25 (2) graduation from an engineering or related science
10-26 curriculum at a recognized institution of higher education, other
10-27 than a curriculum approved by the Board under Subdivision (1) of
11-1 this subsection, passage of the examination requirements prescribed
11-2 by the Board, and a specific record of at least eight (8) years of
11-3 active practice in engineering work of a character satisfactory to
11-4 the Board and indicating that the applicant is competent to be
11-5 placed in responsible charge of such work.
11-6 (b) Provided, that no person shall be eligible for licensure
11-7 [registration] as a professional engineer who is not of good
11-8 character and reputation; and provided further, that any engineer
11-9 licensed [registered] under this Act shall be eligible to hold any
11-10 appointive engineering position with the State of Texas.
11-11 (c) In considering the qualifications of applicants,
11-12 responsible charge of engineering teaching may be construed as
11-13 responsible charge of engineering work. The mere execution, as a
11-14 contractor, of work designed by a professional engineer, or the
11-15 supervision of the construction of such work as foreman or
11-16 superintendent shall not be deemed to be active practice in
11-17 engineering work.
11-18 (d) Any person having the necessary qualifications
11-19 prescribed in this Act to entitle him to licensure [registration]
11-20 shall be eligible for such licensure [registration] though he may
11-21 not be practicing at the time of making his application.
11-22 (e) The Board may adopt rules providing for the waiver of
11-23 all or part of the examination requirement under this Act to permit
11-24 the issuance or reissuance of a license to an applicant. Before
11-25 the Board may waive the requirement, the Board must find that the
11-26 applicant possesses sufficient qualifications to justify the waiver
11-27 of all or part of the examination requirement and that issuance or
12-1 reissuance of the license to the applicant does not pose a threat
12-2 to the public health, safety, or welfare.
12-3 SECTION 12. Sections 13(a), (b), and (d), The Texas
12-4 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
12-5 Statutes), as amended by Chapters 947 and 1090, Acts of the 71st
12-6 Legislature, Regular Session, 1989, are amended to read as follows:
12-7 (a) Applications for licensure [registration] shall be on
12-8 forms prescribed and furnished by the Board, be sworn, and contain:
12-9 (1) statements showing personal information about the
12-10 applicant, as required by Board rule, and describing the
12-11 applicant's education;
12-12 (2) a detailed summary of the applicant's actual
12-13 engineering work;
12-14 (3) a statement describing any earlier professional
12-15 engineering registrations or licenses by or denials, revocations,
12-16 or suspensions of professional engineering registrations or
12-17 licenses of the applicant;
12-18 (4) a statement describing any criminal offenses of
12-19 which the applicant has been convicted; and
12-20 (5) not less than five (5) references from individuals
12-21 with personal knowledge of the applicant's character, reputation,
12-22 and general suitability for licensure [registration], of whom three
12-23 (3) or more shall be licensed [registered] engineers having
12-24 personal knowledge of the applicant's engineering experience.
12-25 (b) The Board shall establish reasonable and necessary fees
12-26 for the administration of this Act in amounts not to exceed:
12-27 1. License [Registration] fee $50
13-1 2. Annual renewal fee 75
13-2 3. Reciprocal license [registration] fee 50
13-3 4. Duplicate license [certificate of registration] 5
13-4 5. Engineer-in-training certificate 15
13-5 6. Roster of engineers 10
13-6 7. Examination fee 120 [100]
13-7 (d) The Board by rule may adopt reduced licensure
13-8 [registration] and annual renewal fees for licensed [registered]
13-9 engineers who are at least 65 years of age.
13-10 SECTION 13. Sections 13B(a) and (c), The Texas Engineering
13-11 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
13-12 amended to read as follows:
13-13 (a) Each of the following fees imposed by or under another
13-14 section of this Act is increased by $200:
13-15 (1) license [registration] fee;
13-16 (2) annual renewal fee; and
13-17 (3) reciprocal license [registration] fee.
13-18 (c) Subsection (a) does not apply to a licensed [registered]
13-19 professional engineer who meets the qualifications for an exemption
13-20 from licensure [registration] under Section 20(e) [20(g)] or (f)
13-21 [(h)] of this Act but who does not claim that exemption.
13-22 SECTION 14. Section 14(a), The Texas Engineering Practice
13-23 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
13-24 read as follows:
13-25 (a) On payment of the examination fee, oral or written
13-26 examinations shall be administered to qualified applicants at such
13-27 time and place as the Board shall determine. The scope of the
14-1 examinations and the methods of procedure shall be prescribed by
14-2 the Board with special reference to the applicant's ability to
14-3 design and supervise engineering works, which shall insure the
14-4 safety of life, health, and property. Examinations shall be given
14-5 for the purpose of determining the qualifications of applicants for
14-6 licensure [registration] in professional engineering. The Board
14-7 may permit reexamination of an applicant on payment of an
14-8 appropriate reexamination fee in an amount set by the Board.
14-9 SECTION 15. Section 15, The Texas Engineering Practice Act
14-10 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
14-11 as follows:
14-12 Sec. 15. LICENSES [CERTIFICATES], SEALS. (a) The Board
14-13 shall issue a license [certificate of registration] upon payment of
14-14 the license [registration] fee as provided for in this Act, to any
14-15 applicant, who, in the opinion of the Board, has satisfactorily met
14-16 all the requirements of this Act. The license [In case of a
14-17 registered engineer, the certificate] shall authorize the practice
14-18 of professional engineering. A license [Certificates of
14-19 registration] shall show the full name of the license holder
14-20 [registrant], shall have a serial number, and shall be signed by
14-21 the Chairman and the Secretary of the Board under seal of the
14-22 Board. The issuance of a license [certificate of registration] by
14-23 this Board shall be evidence that the person named therein is
14-24 entitled to all rights and privileges of a licensed [registered]
14-25 professional engineer, while the said license [certificate] remains
14-26 unrevoked or unexpired.
14-27 (b) Each license holder [registrant] hereunder shall upon
15-1 licensure [registration] obtain a seal of the design authorized by
15-2 the Board, bearing the license holder's [registrant's] name and the
15-3 legend "Licensed Professional Engineer" or "Registered Professional
15-4 Engineer". Plans, specifications, plats, and reports issued by a
15-5 license holder [registrant] must include the license holder's
15-6 [registrant's] seal affixed to the document. It shall be unlawful
15-7 for any one to affix a seal on any document if the license
15-8 [certificate] of the license holder [registrant] named thereon has
15-9 expired or has been suspended or revoked, unless said license
15-10 [certificate] shall have been renewed or reissued.
15-11 (c) This Act applies to all engineering practiced in this
15-12 state that is not exempted under this Act. A public official of
15-13 this state or of a political subdivision of this state who is
15-14 charged with the enforcement of laws, ordinances, codes, or
15-15 regulations that affect the practice of engineering may only accept
15-16 plans, specifications, and other related documents prepared by a
15-17 licensed engineer [registered engineers], as evidenced by the seal
15-18 of the engineer. A public official shall report violations of this
15-19 Act to the proper authorities.
15-20 SECTION 16. Section 16, The Texas Engineering Practice Act
15-21 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
15-22 as follows:
15-23 Sec. 16. EXPIRATIONS AND RENEWALS. (a) It shall be the
15-24 duty of the Board to notify every person licensed [registered]
15-25 under this Act of the date of the expiration of his license
15-26 [certificate] and the amount of the fee that shall be required for
15-27 its renewal for one year; such notice shall be mailed at least one
16-1 month in advance of the date of the expiration of said license
16-2 [certificate] to the last address provided by the license holder
16-3 [registrant] to the Board.
16-4 (b) A person may renew an unexpired license [certificate of
16-5 registration] by paying to the Board before the expiration date of
16-6 the license [certificate of registration] the required renewal fee.
16-7 (c) If a person's license [certificate of registration] has
16-8 been expired for not longer than 90 days, the person may renew the
16-9 license [certificate of registration] by paying to the Board the
16-10 required renewal fee and a penalty fee as set by the Board.
16-11 (d) If a person's license [certificate of registration] has
16-12 been expired for longer than 90 days but less than two years, the
16-13 person may renew the license [certificate of registration] by
16-14 paying to the Board all unpaid renewal fees and a penalty fee as
16-15 set by the Board.
16-16 (e) If a person's license [certificate of registration] has
16-17 been expired for two years or longer, the person may not renew the
16-18 license [certificate of registration]. The person may obtain a new
16-19 license [certificate of registration] by complying with the
16-20 requirements and procedures for obtaining an original license
16-21 [certificate of registration] that are in effect at the time the
16-22 person applies.
16-23 SECTION 17. Section 16.1, The Texas Engineering Practice Act
16-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
16-25 as follows:
16-26 Sec. 16.1. EXPIRATION DATES OF LICENSES [CERTIFICATES OF
16-27 REGISTRATION]. The board by rule may adopt a system under which
17-1 licenses [certificates of registration] expire on various dates
17-2 during the year, and the dates for reinstatement shall be adjusted
17-3 accordingly.
17-4 SECTION 18. Section 17, The Texas Engineering Practice Act
17-5 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
17-6 as follows:
17-7 Sec. 17. A firm, or a co-partnership, or a corporation, or a
17-8 joint stock association may engage in the practice of professional
17-9 engineering in this State, provided such practice is carried on by
17-10 only professional engineers licensed [registered] in this State.
17-11 SECTION 19. Section 18, The Texas Engineering Practice Act
17-12 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
17-13 as follows:
17-14 Sec. 18. (a) No firm, partnership, association, corporation
17-15 or other business entity shall hold itself out to the public or any
17-16 member thereof as being engaged in the practice of engineering
17-17 under any assumed, trade, business, partnership or corporate name
17-18 or employ, use, cause to be used or make use of in any manner
17-19 whatsoever any such words or terms as "engineer," "engineering,"
17-20 "engineering services," "engineering company," "engineering, inc.,"
17-21 "professional engineers," "licensed engineer," "registered
17-22 engineer," "licensed professional engineer," "registered
17-23 professional engineer," "engineered," or any combinations,
17-24 abbreviations or variations thereof, or in combination with any
17-25 other words, letters, initials, signs or symbols on, in or as a
17-26 part of, directly or indirectly, any sign, directory, listing,
17-27 contract, document, pamphlet, stationery, letterhead,
18-1 advertisement, signature, trade name, assumed name, corporate or
18-2 other business name unless such firm, partnership, association,
18-3 corporation or other business entity is actually and actively
18-4 engaged in the practice of engineering or offering engineering
18-5 services to the public, and any and all services, work, acts or
18-6 things performed or done by it which constitute any part of the
18-7 practice of engineering are either personally performed or done by
18-8 a licensed [registered] engineer or under the direct [responsible]
18-9 supervision of a licensed [registered] engineer who is a regular
18-10 full-time employee of the firm, partnership, association,
18-11 corporation, or other business entity.
18-12 (b) This section does not prohibit a licensed engineer from
18-13 performing engineering services on a part-time basis.
18-14 SECTION 20. Section 19(a), The Texas Engineering Practice
18-15 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
18-16 read as follows:
18-17 (a) It is unlawful for this State or for any of its
18-18 political subdivisions, including any county, city, or town, to
18-19 engage in the construction of any public work involving
18-20 professional engineering, where public health, public welfare or
18-21 public safety is involved, unless the engineering plans and
18-22 specifications and estimates have been prepared by, and the
18-23 engineering construction is to be executed under the direct
18-24 supervision of a licensed [registered] professional engineer.
18-25 SECTION 21. Section 20, The Texas Engineering Practice Act
18-26 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
18-27 as follows:
19-1 Sec. 20. EXEMPTIONS. The following persons shall be exempt
19-2 from the licensure [registration] provisions of this Act, provided
19-3 that such persons are not directly or indirectly represented or
19-4 held out to the public to be legally qualified to engage in the
19-5 practice of engineering:
19-6 (a) [A person not a resident of and having no
19-7 established place of business in this state if that person:]
19-8 [(1) has filed an application for registration
19-9 as a professional engineer with the Board and the application is
19-10 pending Board action;]
19-11 [(2) is legally qualified to practice
19-12 engineering in another jurisdiction whose requirements for practice
19-13 are at least as strict as those required by this state; and]
19-14 [(3) affixes the person's seal from the
19-15 jurisdiction in which the person is legally qualified to practice
19-16 on all work completed while the application for registration to
19-17 practice in this state is pending.]
19-18 [(b) A person who has recently become a resident of
19-19 this state if that person:]
19-20 [(1) has filed an application for registration
19-21 as a professional engineer with the Board and the application is
19-22 pending Board action;]
19-23 [(2) is legally qualified to practice
19-24 engineering in another jurisdiction whose requirements for practice
19-25 are at least as strict as those required by this state; and]
19-26 [(3) affixes the person's seal from the
19-27 jurisdiction in which the person is legally qualified to practice
20-1 on all work completed while the application for registration to
20-2 practice in this state is pending.]
20-3 [(c)] An employee or a subordinate of a person holding
20-4 a license [certificate of registration] under this Act[, or any
20-5 employee of a person exempted from registration by classes (a) and
20-6 (b) of this Section]; provided, his practice does not include
20-7 responsible charge of design or supervision.
20-8 (b) [(d)] Officers and employees of the Government of
20-9 the United States while engaged within this state in the practice
20-10 of the profession of engineering for said Government.
20-11 (c) [(e)] A person doing the actual work of
20-12 installing, operating, repairing, or servicing locomotive or
20-13 stationary engines, steam boilers, Diesel engines, internal
20-14 combustion engines, refrigeration compressors and systems, hoisting
20-15 engines, electrical engines, air conditioning equipment and
20-16 systems, or mechanical and electrical, electronic or communications
20-17 equipment and apparatus; this Act may not be construed to prevent
20-18 any citizen from identifying himself in the name and trade of any
20-19 engineers' labor organization with which he may be affiliated,
20-20 however, this exemption may not be construed to permit any person
20-21 other than a licensed [registered] professional engineer to affix
20-22 his signature to engineering plans, or specifications and may not
20-23 be construed to permit a person to use the term "engineer" or
20-24 "engineering" in any manner prohibited by this Act.
20-25 (d) [(f)] A person, firm, partnership, joint stock
20-26 association or private corporation, erecting, constructing,
20-27 enlarging, altering or repairing, or drawing plans and
21-1 specifications for: (1) any private dwelling, or apartments not
21-2 exceeding eight units per building for one story buildings, or
21-3 apartments not exceeding four units per building and having a
21-4 maximum height of two stories, or garages or other structures
21-5 pertinent to such buildings; or (2) private buildings which are to
21-6 be used exclusively for farm, ranch or agricultural purposes, or
21-7 used exclusively for storage of raw agricultural commodities; or
21-8 (3) other buildings, except public buildings included under Section
21-9 19 of this Act, having no more than one story and containing no
21-10 clear span between supporting structures greater than 24 feet on
21-11 the narrow side and having a total floor area not in excess of five
21-12 thousand square feet; provided that on unsupported spans greater
21-13 than 24 feet on such buildings only the trusses, beams, or other
21-14 roof supporting members need to be engineered or pre-engineered;
21-15 provided that no representation is made or implied that engineering
21-16 services have been or will be offered to the public.
21-17 (e) [(g)] Any regular full time employee of a private
21-18 corporation or other private business entity who is engaged solely
21-19 and exclusively in performing services for such corporation and/or
21-20 its affiliates; provided, such employee's services are on, or in
21-21 connection with, property owned or leased by such private
21-22 corporation and/or its affiliates or other private business entity,
21-23 or in which such private corporation and/or its affiliates or other
21-24 business entity has an interest, estate or possessory right, or
21-25 whose services affect exclusively the property, products, or
21-26 interests of such private corporation and/or its affiliates or
21-27 other private business entity; and, provided further, that such
22-1 employee does not have the final authority for the approval of, and
22-2 the ultimate responsibility for, engineering designs, plans or
22-3 specifications pertaining to such property or products which are to
22-4 be incorporated into fixed works, systems, or facilities on the
22-5 property of others or which are to be made available to the general
22-6 public. This exemption includes the use of job titles and
22-7 personnel classifications by such persons not in connection with
22-8 any offer of engineering services to the public, providing that no
22-9 name, title, or words are used which tend to convey the impression
22-10 that an unlicensed person is offering engineering services to the
22-11 public.
22-12 (f) [(h)] Any regular full time employee of a
22-13 privately owned public utility or cooperative utility and/or
22-14 affiliates who is engaged solely and exclusively in performing
22-15 services for such utility and/or its affiliates; provided, that
22-16 such employee does not have the final authority for the approval
22-17 of, and the ultimate responsibility for engineering designs, plans
22-18 or specifications to be incorporated into fixed works, systems, or
22-19 facilities on the property of others or which are to be made
22-20 available to the general public. This exemption includes the use
22-21 of job titles and personnel classifications by such persons not in
22-22 connection with any offer of engineering services to the public,
22-23 providing that no name, title, or words are used which tend to
22-24 convey the impression that an unlicensed person is offering
22-25 engineering services to the public.
22-26 (g) [(i)] Qualified scientists engaged in scientific
22-27 research and investigation of the physical or natural sciences,
23-1 including the usual work and activities of meteorologists,
23-2 seismologists, geologists, chemists, geochemists, physicists and
23-3 geophysicists.
23-4 (h) [(j)] Nothing in this Act shall be construed or
23-5 applied so as to prohibit or in any way restrict any person from
23-6 giving testimony or preparing exhibits or documents for the sole
23-7 purpose of being placed in evidence before any administrative or
23-8 judicial tribunal of competent jurisdiction.
23-9 (i) [(k)] Nothing in this Act shall apply to any
23-10 agricultural work being performed in carrying out soil and water
23-11 conservation practices.
23-12 (j) [(l)] This Act shall not be construed as applying
23-13 to operating telephone companies and/or affiliates or their
23-14 employees in respect to any plans, designs, specifications, or
23-15 services which relate strictly to the science and art of telephony.
23-16 This exemption includes the use of job titles and personnel
23-17 classifications by such persons not in connection with any offer of
23-18 engineering services to the public, providing that no name, title,
23-19 or words are used which tend to convey the impression that an
23-20 unlicensed person is offering engineering services to the public.
23-21 (k) This Act or a rule adopted under this Act does not
23-22 prevent, limit, or restrict a person licensed as an architect,
23-23 landscape architect, or interior designer under the laws of this
23-24 state from performing an act, service, or work that is within the
23-25 definition of the person's practice as an architect under Chapter
23-26 478, Acts of the 45th Legislature, Regular Session, 1937 (Article
23-27 249a, Vernon's Texas Civil Statutes), as a landscape architect
24-1 under Chapter 457, Acts of the 61st Legislature, Regular Session,
24-2 1969 (Article 249c, Vernon's Texas Civil Statutes), or as an
24-3 interior designer under Article 249e, Revised Statutes.
24-4 (l) This Act does not apply to a regular full-time
24-5 employee of a private corporation or other private business entity
24-6 who is engaged in erecting, constructing, enlarging, altering,
24-7 repairing, rehabilitating, or maintaining an improvement to real
24-8 property in accordance with plans and specifications that bear the
24-9 seal of a licensed engineer. This exemption includes the use of
24-10 job titles and personnel classifications by the employee that are
24-11 not in connection with any offer of engineering services to the
24-12 public.
24-13 SECTION 22. The Texas Engineering Practice Act (Article
24-14 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
24-15 20A to read as follows:
24-16 Sec. 20A. TEMPORARY OR PROVISIONAL LICENSE. The Board may
24-17 adopt rules providing standards and procedures for the issuance of
24-18 a temporary or provisional license under this Act.
24-19 SECTION 23. Section 21, The Texas Engineering Practice Act
24-20 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
24-21 as follows:
24-22 Sec. 21. LICENSURE [REGISTRATION] BY NONRESIDENTS. A person
24-23 who holds a valid certificate of registration or license issued to
24-24 him by proper authority of any state or territory or possession of
24-25 the United States, the District of Columbia, or any foreign country
24-26 may apply for licensure [registration] in this state.
24-27 SECTION 24. Section 22, The Texas Engineering Practice Act
25-1 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
25-2 as follows:
25-3 Sec. 22. DENIAL, REVOCATION, SUSPENSION, PROBATION,
25-4 REPRIMAND, RE-ISSUANCE AND REFUSAL OF LICENSE; STATUS REVIEW
25-5 [CERTIFICATE]. (a) The Board shall revoke, suspend, or refuse to
25-6 renew a license [registration], shall reprimand a license holder
25-7 [registrant], may deny an application for licensure [registration],
25-8 or may probate any suspension of any license holder [registrant]
25-9 who is determined by the Board to be censurable for:
25-10 (1) The practice of any fraud or deceit in obtaining a
25-11 license [certificate of registration];
25-12 (2) Any gross negligence, incompetency, or misconduct
25-13 in the practice of professional engineering as a licensed
25-14 [registered] professional engineer;
25-15 (3) Any documented instance of retaliation by an
25-16 applicant against an individual who has served as a reference for
25-17 that applicant;
25-18 (4) A violation of this Act or a Board rule; or
25-19 (5) A failure to timely provide plans and
25-20 specifications to the Texas Department of Licensing and Regulation
25-21 as required by Article 9102, Revised Statutes.
25-22 (b) Any person who may feel himself aggrieved by reason of
25-23 the revocation of his license [certificate of registration] by the
25-24 Board, as hereinabove authorized, shall have the right to file suit
25-25 in the district court of the county of his residence, or of the
25-26 county in which the alleged offense relied upon as grounds for
25-27 revocation took place, to annul or vacate the order of the Board
26-1 revoking the license [certificate of registration].
26-2 (c) If the Board proposes to suspend or revoke a person's
26-3 license [certificate of registration], the person is entitled to a
26-4 hearing before the Board. Proceedings for the suspension or
26-5 revocation of a license [certificate of registration] are governed
26-6 by Chapter 2001, Government Code [the Administrative Procedure and
26-7 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
26-8 Civil Statutes)].
26-9 (d) The Board, for reasons it may deem sufficient, may
26-10 re-issue a license [certificate of registration] to any person
26-11 whose license [certificate] has been revoked, provided six (6) or
26-12 more members of the Board vote in favor of such re-issuance. A new
26-13 license [certificate of registration], to replace any license
26-14 [certificate] revoked, lost, destroyed, or mutilated, may be
26-15 issued, subject to the rules of the Board.
26-16 (e) The Board may adopt rules permitting the Board to review
26-17 the status of a license holder who the Board believes may have been
26-18 issued a license through fraud or error or who may constitute a
26-19 threat to the public health, safety, or welfare. The Board may
26-20 suspend or revoke a license held by a person whose status is
26-21 reviewed under this subsection.
26-22 SECTION 25. Section 22A, The Texas Engineering Practice Act
26-23 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
26-24 as follows:
26-25 Sec. 22A. INFORMATION ABOUT COMPLAINTS. (a) The Board
26-26 shall keep an information file about each complaint filed with the
26-27 Board relating to a license holder [registrant].
27-1 (b) If a written complaint is filed with the Board relating
27-2 to a license holder [registrant], the Board, at least as frequently
27-3 as quarterly, shall notify the parties to the complaint of the
27-4 status of the complaint until final disposition unless the
27-5 notification would jeopardize an undercover investigation.
27-6 (c) The Board shall adopt rules that permit the Board to
27-7 receive and investigate confidential complaints against license
27-8 holders or any other person who may have violated this Act. The
27-9 Board shall maintain the confidentiality of the complaint during
27-10 the investigation of the complaint.
27-11 SECTION 26. The Texas Engineering Practice Act (Article
27-12 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
27-13 22C to read as follows:
27-14 Sec. 22C. (a) The Board may impose an administrative
27-15 penalty against a person licensed under this Act or any other
27-16 person or entity that violates this Act or a rule or order adopted
27-17 under this Act. The Board may include in the amount of the
27-18 administrative penalty the actual costs of investigating and
27-19 prosecuting the violation.
27-20 (b) The penalty for a violation may be in an amount not to
27-21 exceed $3,000. Each day a violation continues or occurs is a
27-22 separate violation for purposes of imposing a penalty.
27-23 (c) The amount of the penalty shall be based on:
27-24 (1) the seriousness of the violation, including the
27-25 nature, circumstances, extent, and gravity of any prohibited acts,
27-26 and the hazard or potential hazard created to the health, safety,
27-27 or economic welfare of the public;
28-1 (2) the economic harm to property or the environment
28-2 caused by the violation;
28-3 (3) the history of previous violations;
28-4 (4) the amount necessary to deter future violations;
28-5 (5) efforts or resistance to efforts to correct the
28-6 violation; and
28-7 (6) any other matter that justice may require.
28-8 (d) The Board shall adopt rules of procedure for the
28-9 assessment of an administrative penalty by the Board. Rules
28-10 adopted under this section must conform to the requirements of
28-11 Chapter 2001, Government Code.
28-12 (e) Within 30 days after the date the Board's order becomes
28-13 final as provided by Section 2001.144, Government Code, the person
28-14 shall:
28-15 (1) pay the amount of the penalty;
28-16 (2) pay the amount of the penalty and file a petition
28-17 for judicial review contesting the occurrence of the violation, the
28-18 amount of the penalty, or both the occurrence of the violation and
28-19 the amount of the penalty; or
28-20 (3) without paying the amount of the penalty, file a
28-21 petition for judicial review contesting the occurrence of the
28-22 violation, the amount of the penalty, or both the occurrence of the
28-23 violation and the amount of the penalty.
28-24 (f) Within the 30-day period, a person who acts under
28-25 Subsection (e)(3) of this section may:
28-26 (1) stay enforcement of the penalty by:
28-27 (A) paying the amount of the penalty to the
29-1 court for placement in an escrow account; or
29-2 (B) giving to the court a supersedeas bond that
29-3 is approved by the court for the amount of the penalty and that is
29-4 effective until all judicial review of the Board's order is final;
29-5 or
29-6 (2) request the court to stay enforcement of the
29-7 penalty by:
29-8 (A) filing with the court a sworn affidavit of
29-9 the person stating that the person is financially unable to pay the
29-10 amount of the penalty and is financially unable to give the
29-11 supersedeas bond; and
29-12 (B) giving a copy of the affidavit to the
29-13 executive director by certified mail.
29-14 (g) On receipt by the director of a copy of an affidavit
29-15 under Subsection (f)(2) of this section, the director may file with
29-16 the court, within five days after the date the copy is received, a
29-17 contest to the affidavit. The court shall hold a hearing on the
29-18 facts alleged in the affidavit as soon as practicable and shall
29-19 stay the enforcement of the penalty on finding that the alleged
29-20 facts are true. The person who files an affidavit has the burden
29-21 of proving that the person is financially unable to pay the amount
29-22 of the penalty and to give a supersedeas bond.
29-23 (h) If the person does not pay the amount of the penalty and
29-24 the enforcement of the penalty is not stayed, the director may
29-25 refer the matter to the attorney general for collection of the
29-26 amount of the penalty.
29-27 (i) Judicial review of the order of the Board:
30-1 (1) is instituted by filing a petition as provided by
30-2 Subchapter G, Chapter 2001, Government Code; and
30-3 (2) is under the substantial evidence rule.
30-4 (j) If the court sustains the occurrence of the violation,
30-5 the court may uphold or reduce the amount of the penalty and order
30-6 the person to pay the full or reduced amount of the penalty. If
30-7 the court does not sustain the occurrence of the violation, the
30-8 court shall order that no penalty is owed.
30-9 (k) When the judgment of the court becomes final, the court
30-10 shall proceed under this subsection. If the person paid the amount
30-11 of the penalty and if that amount is reduced or is not upheld by
30-12 the court, the court shall order that the appropriate amount plus
30-13 accrued interest be remitted to the person. The rate of the
30-14 interest is the rate charged on loans to depository institutions by
30-15 the New York Federal Reserve Bank, and the interest shall be paid
30-16 for the period beginning on the date the penalty was paid and
30-17 ending on the date the penalty is remitted. If the person gave a
30-18 supersedeas bond and if the amount of the penalty is not upheld by
30-19 the court, the court shall order the release of the bond. If the
30-20 person gave a supersedeas bond and if the amount of the penalty is
30-21 reduced, the court shall order the release of the bond after the
30-22 person pays the amount.
30-23 (l) A penalty collected under this section shall be remitted
30-24 to the comptroller for deposit in the general revenue fund, except
30-25 that the portion of the penalty that represents the costs of the
30-26 Board in investigating and prosecuting the violation shall be
30-27 remitted to the Board as reimbursement for performance of the
31-1 Board's regulatory functions.
31-2 (m) All proceedings under this section are subject to
31-3 Chapter 2001, Government Code.
31-4 SECTION 27. Section 23(a), The Texas Engineering Practice
31-5 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
31-6 read as follows:
31-7 (a) Any person who shall practice, or offer to practice, the
31-8 profession of engineering in this State without being licensed
31-9 [registered] or exempted from licensure [registration] in
31-10 accordance with the provisions of this Act, or any person
31-11 presenting or attempting to use as his own the license [certificate
31-12 of registration] or the seal of another, or any person who shall
31-13 give any false or forged evidence of any kind to the Board or to
31-14 any member thereof in obtaining a license [certificate of
31-15 registration], or any person who shall violate any of the
31-16 provisions of this Act, commits an offense. An offense under this
31-17 subsection is a Class A misdemeanor.
31-18 SECTION 28. Section 26, The Texas Engineering Practice Act
31-19 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
31-20 as follows:
31-21 Sec. 26. CONFIDENTIALITY OF CERTAIN INFORMATION. A
31-22 statement made by a person providing a reference for an applicant
31-23 and other pertinent information compiled by or submitted to the
31-24 Board relating to an applicant for licensure [registration] under
31-25 this Act is privileged and confidential and may be used only by the
31-26 Board or employees or agents of the Board who are directly involved
31-27 in the application or licensure [registration] process. The
32-1 information is not subject to discovery, subpoena, or other
32-2 disclosure.
32-3 SECTION 29. The change in law made by this Act applies only
32-4 to a violation of The Texas Engineering Practice Act (Article
32-5 3271a, Vernon's Texas Civil Statutes) or a rule adopted under that
32-6 Act that is reported on or after the effective date of this Act. A
32-7 violation that is reported before that date is governed by the law
32-8 in effect on the date the violation was reported, and the former
32-9 law is continued in effect for that purpose.
32-10 SECTION 30. The change in law made by this Act relating to
32-11 the change in the type of credential issued to practice as an
32-12 engineer does not affect the validity of a certificate of
32-13 registration issued before the effective date of this Act.
32-14 SECTION 31. The importance of this legislation and the
32-15 crowded condition of the calendars in both houses create an
32-16 emergency and an imperative public necessity that the
32-17 constitutional rule requiring bills to be read on three several
32-18 days in each house be suspended, and this rule is hereby suspended,
32-19 and that this Act take effect and be in force from and after its
32-20 passage, and it is so enacted.