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.