By Uher H.B. No. 1321
75R4747 JMM-D
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 The term includes consultation, investigation, evaluation,
4-26 analysis, planning, program management, providing an expert
4-27 engineering opinion or testimony, testing or evaluating materials
5-1 for construction and other engineering uses, and mapping; design,
5-2 conceptual design, or conceptual design coordination of engineering
5-3 works and systems; development or optimization of plans and
5-4 specifications for engineering works and systems; planning the use
5-5 or alteration of land and water or the design or analysis of works
5-6 or systems for the use or alteration of land and water; teaching
5-7 advanced engineering subjects; performing engineering surveys and
5-8 studies; construction, alteration, or repair of real property;
5-9 preparation of operating and maintenance manuals; and review of the
5-10 construction or installation of engineered works to monitor
5-11 compliance with drawings and specifications.
5-12 The activities included in the practice of engineering
5-13 include services or work performed for a public or private entity
5-14 in connection with utilities, structures, buildings, machines,
5-15 equipment, processes, systems, works, projects, and industrial or
5-16 consumer products or equipment of a mechanical, electrical,
5-17 electronic, chemical, hydraulic, pneumatic, geotechnical, or
5-18 thermal nature and include other professional services necessary
5-19 for the planning, progress, and completion of any engineering
5-20 service.
5-21 In this subdivision:
5-22 (A) "Design coordination" includes the review
5-23 and coordination of technical submissions prepared by others,
5-24 including the work of other professionals working under the
5-25 direction of an engineer with due professional regard for the
5-26 professional abilities of all parties involved in a
5-27 multidisciplinary effort.
6-1 (B) "Engineering surveys" includes all survey
6-2 activities required to support the sound conception, planning,
6-3 design, construction, maintenance, and operation of an engineered
6-4 project, but does not include the surveying of real property and
6-5 other activities regulated under the Professional Land Surveying
6-6 Practices Act (Article 5282c, Vernon's Texas Civil Statutes).
6-7 SECTION 5. Section 3, The Texas Engineering Practice Act
6-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
6-9 as follows:
6-10 Sec. 3. TEXAS [STATE] BOARD OF [REGISTRATION FOR]
6-11 PROFESSIONAL ENGINEERS--APPOINTMENT OF MEMBERS--TERMS. The Texas
6-12 [A State] Board of [Registration for] Professional Engineers is
6-13 hereby created whose duty it shall be to administer the provisions
6-14 of this Act. The Board shall consist of six (6) professional
6-15 engineers and three (3) representatives of the general public, who
6-16 shall be appointed by the Governor of the State, without regard to
6-17 the race, creed, sex, religion, or national origin of the
6-18 appointees and with the advice and consent of the Senate. At the
6-19 expiration of the term of each member first appointed, his
6-20 successor shall be appointed by the Governor of the State and he
6-21 shall serve for a term of six (6) years or until his successor
6-22 shall be appointed and qualified. Before entering upon the duties
6-23 of his office each member of the Board shall take the
6-24 Constitutional Oath of office and the same shall be filed with the
6-25 Secretary of State.
6-26 SECTION 6. Section 3a, The Texas Engineering Practice Act
6-27 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
7-1 as follows:
7-2 Sec. 3a. SUNSET PROVISION. The Texas [State] Board of
7-3 [Registration for] Professional Engineers is subject to Chapter
7-4 325, Government Code (Texas Sunset Act). Unless continued in
7-5 existence as provided by that chapter, the board is abolished and
7-6 this Act expires September 1, 2003.
7-7 SECTION 7. Section 4(d), The Texas Engineering Practice Act
7-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
7-9 as follows:
7-10 (d) The Board by majority vote may limit the participation
7-11 of general public members in the evaluations of applications for
7-12 licensure [registration] except in those instances in which the
7-13 evaluations take place at an official meeting of the Board.
7-14 SECTION 8. Sections 8(a) and (b), The Texas Engineering
7-15 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
7-16 amended to read as follows:
7-17 (a) In addition to any other powers and duties, the Board
7-18 shall have the authority and power to make and enforce all rules
7-19 and regulations and bylaws consistent with this Act as necessary
7-20 for the performance of its duties, the governance of its own
7-21 proceedings, and the regulation of the practice of engineering in
7-22 this state and may establish standards of conduct and ethics for
7-23 engineers in keeping with the purposes and intent of this Act and
7-24 to insure strict compliance with and enforcement of this Act. The
7-25 violation by any engineer of any provision of this Act or any rule
7-26 or regulation of the Board shall be a sufficient cause to suspend
7-27 or revoke the license [certificate of registration] of or to issue
8-1 a formal or informal reprimand to such engineer. In addition to
8-2 any other action, proceeding or remedy authorized by law, the Board
8-3 shall have the right to institute an action in its own name in a
8-4 district court of Travis County against any individual person to
8-5 enjoin any violation of any provision of this Act or any rule or
8-6 regulation of the Board and in order for the Board to sustain such
8-7 action it shall not be necessary to allege or prove, either that an
8-8 adequate remedy at law does not exist, or that substantial or
8-9 irreparable damage would result from the continued violation
8-10 thereof. Either party to such action may appeal to the appellate
8-11 court having jurisdiction of said cause. The Board shall not be
8-12 required to give any appeal bond in any cause arising under this
8-13 Act. The Attorney General shall represent the Board in all actions
8-14 and proceedings to enforce the provisions of this Act.
8-15 (b) The Board may promulgate rules restricting competitive
8-16 bidding. The Board may not promulgate rules restricting
8-17 advertising by a license holder [registrants] except to prohibit
8-18 false, misleading, or deceptive practices by the license holder
8-19 [registrants]. The Board may not include in its rules to prohibit
8-20 false, misleading, or deceptive practices by a person regulated by
8-21 the Board a rule that:
8-22 (1) restricts the person's use of any medium for
8-23 advertising;
8-24 (2) restricts the person's personal appearance or use
8-25 of his personal voice in an advertisement;
8-26 (3) relates to the size or duration of an
8-27 advertisement by the person; or
9-1 (4) restricts the person's advertisement under a trade
9-2 name.
9-3 SECTION 9. Section 10(a), The Texas Engineering Practice Act
9-4 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
9-5 as follows:
9-6 (a) The Board shall keep a record of its proceedings and
9-7 register of all applications for licensure [registration], which
9-8 register shall show (a) the name, age and residence of each
9-9 applicant; (b) the date of the application; (c) the place of
9-10 business of such applicant; (d) his educational and other
9-11 qualifications; (e) whether or not an examination was required; (f)
9-12 whether the applicant was rejected; (g) whether a license
9-13 [certificate of registration] was granted; (h) the date of the
9-14 action of the Board; and (i) such other information as may be
9-15 deemed necessary by the Board.
9-16 The records of the Board shall be available to the public at
9-17 all times and shall be prima facie evidence of the proceedings of
9-18 the Board set forth therein, and a transcript thereof, duly
9-19 certified by the Secretary of the Board under seal, shall be
9-20 admissible in evidence with the same force and effect as if the
9-21 original was produced.
9-22 SECTION 10. Section 11, The Texas Engineering Practice Act
9-23 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
9-24 as follows:
9-25 Sec. 11. ROSTER OF LICENSED [REGISTERED] ENGINEERS. A
9-26 roster showing the names and places of business of all licensed
9-27 [registered] professional engineers shall be prepared and published
10-1 by the Board each biennium at a time determined by the Board.
10-2 Copies of this roster shall be furnished without charge to any
10-3 engineer licensed [registered] by the Board on the written request
10-4 of the engineer, placed on file with the Secretary of State, and
10-5 furnished to any person upon written request who tenders a
10-6 reproduction fee set by the Board.
10-7 SECTION 11. Section 12, The Texas Engineering Practice Act
10-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
10-9 as follows:
10-10 Sec. 12. GENERAL REQUIREMENTS FOR LICENSURE [REGISTRATION].
10-11 (a) The following shall be considered as minimum evidence
10-12 satisfactory to the Board that the applicant is qualified for
10-13 licensure [registration] as a professional engineer:
10-14 (1) graduation from an approved curriculum in
10-15 engineering that is approved by the Board as of satisfactory
10-16 standing, passage of the examination requirements prescribed by the
10-17 Board, and a specific record of an additional four (4) years or
10-18 more of active practice in engineering work, of a character
10-19 satisfactory to the Board, indicating that the applicant is
10-20 competent to be placed in responsible charge of such work; or
10-21 (2) graduation from an engineering or related science
10-22 curriculum at a recognized institution of higher education, other
10-23 than a curriculum approved by the Board under Subdivision (1) of
10-24 this subsection, passage of the examination requirements prescribed
10-25 by the Board, and a specific record of at least eight (8) years of
10-26 active practice in engineering work of a character satisfactory to
10-27 the Board and indicating that the applicant is competent to be
11-1 placed in responsible charge of such work.
11-2 (b) Provided, that no person shall be eligible for licensure
11-3 [registration] as a professional engineer who is not of good
11-4 character and reputation; and provided further, that any engineer
11-5 licensed [registered] under this Act shall be eligible to hold any
11-6 appointive engineering position with the State of Texas.
11-7 (c) In considering the qualifications of applicants,
11-8 responsible charge of engineering teaching may be construed as
11-9 responsible charge of engineering work. The mere execution, as a
11-10 contractor, of work designed by a professional engineer, or the
11-11 supervision of the construction of such work as foreman or
11-12 superintendent shall not be deemed to be active practice in
11-13 engineering work.
11-14 (d) Any person having the necessary qualifications
11-15 prescribed in this Act to entitle him to licensure [registration]
11-16 shall be eligible for such licensure [registration] though he may
11-17 not be practicing at the time of making his application.
11-18 (e) The Board may adopt rules providing for the waiver of
11-19 all or part of the examination requirement under this Act to permit
11-20 the issuance or reissuance of a license to an applicant. Before
11-21 the Board may waive the requirement, the Board must find that the
11-22 applicant possesses sufficient qualifications to justify the waiver
11-23 of all or part of the examination requirement and that issuance or
11-24 reissuance of the license to the applicant does not pose a threat
11-25 to the public health, safety, or welfare.
11-26 SECTION 12. Sections 13(a), (b), and (d), The Texas
11-27 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
12-1 Statutes), as amended by Chapters 947 and 1090, Acts of the 71st
12-2 Legislature, Regular Session, 1989, are amended to read as follows:
12-3 (a) Applications for licensure [registration] shall be on
12-4 forms prescribed and furnished by the Board, be sworn, and contain:
12-5 (1) statements showing personal information about the
12-6 applicant, as required by Board rule, and describing the
12-7 applicant's education;
12-8 (2) a detailed summary of the applicant's actual
12-9 engineering work;
12-10 (3) a statement describing any earlier professional
12-11 engineering registrations or licenses by or denials, revocations,
12-12 or suspensions of professional engineering registrations or
12-13 licenses of the applicant;
12-14 (4) a statement describing any criminal offenses of
12-15 which the applicant has been convicted; and
12-16 (5) not less than five (5) references from individuals
12-17 with personal knowledge of the applicant's character, reputation,
12-18 and general suitability for licensure [registration], of whom three
12-19 (3) or more shall be licensed [registered] engineers having
12-20 personal knowledge of the applicant's engineering experience.
12-21 (b) The Board shall establish reasonable and necessary fees
12-22 for the administration of this Act in amounts not to exceed:
12-23 1. License [Registration] fee $50
12-24 2. Annual renewal fee 75
12-25 3. Reciprocal license [registration] fee 50
12-26 4. Duplicate license [certificate of registration] 5
12-27 5. Engineer-in-training certificate 15
13-1 6. Roster of engineers 10
13-2 7. Examination fee 120 [100]
13-3 (d) The Board by rule may adopt reduced licensure
13-4 [registration] and annual renewal fees for licensed [registered]
13-5 engineers who are at least 65 years of age.
13-6 SECTION 13. Sections 13B(a) and (c), The Texas Engineering
13-7 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
13-8 amended to read as follows:
13-9 (a) Each of the following fees imposed by or under another
13-10 section of this Act is increased by $200:
13-11 (1) license [registration] fee;
13-12 (2) annual renewal fee; and
13-13 (3) reciprocal license [registration] fee.
13-14 (c) Subsection (a) does not apply to a licensed [registered]
13-15 professional engineer who meets the qualifications for an exemption
13-16 from licensure [registration] under Section 20(g) or (h) of this
13-17 Act but who does not claim that exemption.
13-18 SECTION 14. Section 14(a), The Texas Engineering Practice
13-19 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
13-20 read as follows:
13-21 (a) On payment of the examination fee, oral or written
13-22 examinations shall be administered to qualified applicants at such
13-23 time and place as the Board shall determine. The scope of the
13-24 examinations and the methods of procedure shall be prescribed by
13-25 the Board with special reference to the applicant's ability to
13-26 design and supervise engineering works, which shall insure the
13-27 safety of life, health, and property. Examinations shall be given
14-1 for the purpose of determining the qualifications of applicants for
14-2 licensure [registration] in professional engineering. The Board
14-3 may permit reexamination of an applicant on payment of an
14-4 appropriate reexamination fee in an amount set by the Board.
14-5 SECTION 15. Section 15, The Texas Engineering Practice Act
14-6 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
14-7 as follows:
14-8 Sec. 15. LICENSES [CERTIFICATES], SEALS. (a) The Board
14-9 shall issue a license [certificate of registration] upon payment of
14-10 the license [registration] fee as provided for in this Act, to any
14-11 applicant, who, in the opinion of the Board, has satisfactorily met
14-12 all the requirements of this Act. The license [In case of a
14-13 registered engineer, the certificate] shall authorize the practice
14-14 of professional engineering. A license [Certificates of
14-15 registration] shall show the full name of the license holder
14-16 [registrant], shall have a serial number, and shall be signed by
14-17 the Chairman and the Secretary of the Board under seal of the
14-18 Board. The issuance of a license [certificate of registration] by
14-19 this Board shall be evidence that the person named therein is
14-20 entitled to all rights and privileges of a licensed [registered]
14-21 professional engineer, while the said license [certificate] remains
14-22 unrevoked or unexpired.
14-23 (b) Each license holder [registrant] hereunder shall upon
14-24 licensure [registration] obtain a seal of the design authorized by
14-25 the Board, bearing the license holder's [registrant's] name and the
14-26 legend "Licensed Professional Engineer" or "Registered Professional
14-27 Engineer". Plans, specifications, plats, and reports issued by a
15-1 license holder [registrant] must include the license holder's
15-2 [registrant's] seal affixed to the document. It shall be unlawful
15-3 for any one to affix a seal on any document if the license
15-4 [certificate] of the license holder [registrant] named thereon has
15-5 expired or has been suspended or revoked, unless said license
15-6 [certificate] shall have been renewed or reissued.
15-7 (c) This Act applies to all engineering practiced in this
15-8 state that is not exempted under this Act. A public official of
15-9 this state or of a political subdivision of this state who is
15-10 charged with the enforcement of laws, ordinances, codes, or
15-11 regulations that affect the practice of engineering may only accept
15-12 plans, specifications, and other related documents prepared by a
15-13 licensed engineer [registered engineers], as evidenced by the seal
15-14 of the engineer. A public official shall report violations of this
15-15 Act to the proper authorities.
15-16 SECTION 16. Section 16, The Texas Engineering Practice Act
15-17 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
15-18 as follows:
15-19 Sec. 16. EXPIRATIONS AND RENEWALS. (a) It shall be the
15-20 duty of the Board to notify every person licensed [registered]
15-21 under this Act of the date of the expiration of his license
15-22 [certificate] and the amount of the fee that shall be required for
15-23 its renewal for one year; such notice shall be mailed at least one
15-24 month in advance of the date of the expiration of said license
15-25 [certificate] to the last address provided by the license holder
15-26 [registrant] to the Board.
15-27 (b) A person may renew an unexpired license [certificate of
16-1 registration] by paying to the Board before the expiration date of
16-2 the license [certificate of registration] the required renewal fee.
16-3 (c) If a person's license [certificate of registration] has
16-4 been expired for not longer than 90 days, the person may renew the
16-5 license [certificate of registration] by paying to the Board the
16-6 required renewal fee and a penalty fee as set by the Board.
16-7 (d) If a person's license [certificate of registration] has
16-8 been expired for longer than 90 days but less than two years, the
16-9 person may renew the license [certificate of registration] by
16-10 paying to the Board all unpaid renewal fees and a penalty fee as
16-11 set by the Board.
16-12 (e) If a person's license [certificate of registration] has
16-13 been expired for two years or longer, the person may not renew the
16-14 license [certificate of registration]. The person may obtain a new
16-15 license [certificate of registration] by complying with the
16-16 requirements and procedures for obtaining an original license
16-17 [certificate of registration] that are in effect at the time the
16-18 person applies.
16-19 SECTION 17. Section 16.1, The Texas Engineering Practice Act
16-20 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
16-21 as follows:
16-22 Sec. 16.1. EXPIRATION DATES OF LICENSES [CERTIFICATES OF
16-23 REGISTRATION]. The board by rule may adopt a system under which
16-24 licenses [certificates of registration] expire on various dates
16-25 during the year, and the dates for reinstatement shall be adjusted
16-26 accordingly.
16-27 SECTION 18. Section 17, The Texas Engineering Practice Act
17-1 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
17-2 as follows:
17-3 Sec. 17. A firm, or a co-partnership, or a corporation, or a
17-4 joint stock association may engage in the practice of professional
17-5 engineering in this State, provided such practice is carried on by
17-6 only professional engineers licensed [registered] in this State.
17-7 SECTION 19. Section 18, The Texas Engineering Practice Act
17-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
17-9 as follows:
17-10 Sec. 18. (a) No firm, partnership, association, corporation
17-11 or other business entity shall hold itself out to the public or any
17-12 member thereof as being engaged in the practice of engineering
17-13 under any assumed, trade, business, partnership or corporate name
17-14 or employ, use, cause to be used or make use of in any manner
17-15 whatsoever any such words or terms as "engineer," "engineering,"
17-16 "engineering services," "engineering company," "engineering, inc.,"
17-17 "professional engineers," "licensed engineer," "registered
17-18 engineer," "licensed professional engineer," "registered
17-19 professional engineer," "engineered," or any combinations,
17-20 abbreviations or variations thereof, or in combination with any
17-21 other words, letters, initials, signs or symbols on, in or as a
17-22 part of, directly or indirectly, any sign, directory, listing,
17-23 contract, document, pamphlet, stationery, letterhead,
17-24 advertisement, signature, trade name, assumed name, corporate or
17-25 other business name unless such firm, partnership, association,
17-26 corporation or other business entity is actually and actively
17-27 engaged in the practice of engineering or offering engineering
18-1 services to the public, and any and all services, work, acts or
18-2 things performed or done by it which constitute any part of the
18-3 practice of engineering are either personally performed or done by
18-4 a licensed [registered] engineer or under the direct [responsible]
18-5 supervision of a licensed [registered] engineer who is a regular
18-6 full-time employee of the firm, partnership, association,
18-7 corporation, or other business entity.
18-8 (b) This section does not prohibit a licensed engineer from
18-9 performing engineering services on a part-time basis.
18-10 SECTION 20. Section 19(a), The Texas Engineering Practice
18-11 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
18-12 read as follows:
18-13 (a) It is unlawful for this State or for any of its
18-14 political subdivisions, including any county, city, or town, to
18-15 engage in the construction of any public work involving
18-16 professional engineering, where public health, public welfare or
18-17 public safety is involved, unless the engineering plans and
18-18 specifications and estimates have been prepared by, and the
18-19 engineering construction is to be executed under the direct
18-20 supervision of a licensed [registered] professional engineer.
18-21 SECTION 21. Section 20, The Texas Engineering Practice Act
18-22 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
18-23 as follows:
18-24 Sec. 20. EXEMPTIONS. The following persons shall be exempt
18-25 from the licensure [registration] provisions of this Act, provided
18-26 that such persons are not directly or indirectly represented or
18-27 held out to the public to be legally qualified to engage in the
19-1 practice of engineering:
19-2 (a) [A person not a resident of and having no
19-3 established place of business in this state if that person:]
19-4 [(1) has filed an application for registration
19-5 as a professional engineer with the Board and the application is
19-6 pending Board action;]
19-7 [(2) is legally qualified to practice
19-8 engineering in another jurisdiction whose requirements for practice
19-9 are at least as strict as those required by this state; and]
19-10 [(3) affixes the person's seal from the
19-11 jurisdiction in which the person is legally qualified to practice
19-12 on all work completed while the application for registration to
19-13 practice in this state is pending.]
19-14 [(b) A person who has recently become a resident of
19-15 this state if that person:]
19-16 [(1) has filed an application for registration
19-17 as a professional engineer with the Board and the application is
19-18 pending Board action;]
19-19 [(2) is legally qualified to practice
19-20 engineering in another jurisdiction whose requirements for practice
19-21 are at least as strict as those required by this state; and]
19-22 [(3) affixes the person's seal from the
19-23 jurisdiction in which the person is legally qualified to practice
19-24 on all work completed while the application for registration to
19-25 practice in this state is pending.]
19-26 [(c)] An employee or a subordinate of a person holding
19-27 a license [certificate of registration] under this Act[, or any
20-1 employee of a person exempted from registration by classes (a) and
20-2 (b) of this Section]; provided, his practice does not include
20-3 responsible charge of design or supervision.
20-4 (b) [(d)] Officers and employees of the Government of
20-5 the United States while engaged within this state in the practice
20-6 of the profession of engineering for said Government.
20-7 (c) [(e)] A person doing the actual work of
20-8 installing, operating, repairing, or servicing locomotive or
20-9 stationary engines, steam boilers, Diesel engines, internal
20-10 combustion engines, refrigeration compressors and systems, hoisting
20-11 engines, electrical engines, air conditioning equipment and
20-12 systems, or mechanical and electrical, electronic or communications
20-13 equipment and apparatus; this Act may not be construed to prevent
20-14 any citizen from identifying himself in the name and trade of any
20-15 engineers' labor organization with which he may be affiliated,
20-16 however, this exemption may not be construed to permit any person
20-17 other than a licensed [registered] professional engineer to affix
20-18 his signature to engineering plans, or specifications and may not
20-19 be construed to permit a person to use the term "engineer" or
20-20 "engineering" in any manner prohibited by this Act.
20-21 (d) [(f)] A person, firm, partnership, joint stock
20-22 association or private corporation, erecting, constructing,
20-23 enlarging, altering or repairing, or drawing plans and
20-24 specifications for: (1) any private dwelling, or apartments not
20-25 exceeding eight units per building for one story buildings, or
20-26 apartments not exceeding four units per building and having a
20-27 maximum height of two stories, or garages or other structures
21-1 pertinent to such buildings; or (2) private buildings which are to
21-2 be used exclusively for farm, ranch or agricultural purposes, or
21-3 used exclusively for storage of raw agricultural commodities; or
21-4 (3) other buildings, except public buildings included under Section
21-5 19 of this Act, having no more than one story and containing no
21-6 clear span between supporting structures greater than 24 feet on
21-7 the narrow side and having a total floor area not in excess of five
21-8 thousand square feet; provided that on unsupported spans greater
21-9 than 24 feet on such buildings only the trusses, beams, or other
21-10 roof supporting members need to be engineered or pre-engineered;
21-11 provided that no representation is made or implied that engineering
21-12 services have been or will be offered to the public.
21-13 (e) [(g)] Any regular full time employee of a private
21-14 corporation or other private business entity who is engaged solely
21-15 and exclusively in performing services for such corporation and/or
21-16 its affiliates; provided, such employee's services are on, or in
21-17 connection with, property owned or leased by such private
21-18 corporation and/or its affiliates or other private business entity,
21-19 or in which such private corporation and/or its affiliates or other
21-20 business entity has an interest, estate or possessory right, or
21-21 whose services affect exclusively the property, products, or
21-22 interests of such private corporation and/or its affiliates or
21-23 other private business entity; and, provided further, that such
21-24 employee does not have the final authority for the approval of, and
21-25 the ultimate responsibility for, engineering designs, plans or
21-26 specifications pertaining to such property or products which are to
21-27 be incorporated into fixed works, systems, or facilities on the
22-1 property of others or which are to be made available to the general
22-2 public. This exemption includes the use of job titles and
22-3 personnel classifications by such persons not in connection with
22-4 any offer of engineering services to the public, providing that no
22-5 name, title, or words are used which tend to convey the impression
22-6 that an unlicensed person is offering engineering services to the
22-7 public.
22-8 (f) [(h)] Any regular full time employee of a
22-9 privately owned public utility or cooperative utility and/or
22-10 affiliates who is engaged solely and exclusively in performing
22-11 services for such utility and/or its affiliates; provided, that
22-12 such employee does not have the final authority for the approval
22-13 of, and the ultimate responsibility for engineering designs, plans
22-14 or specifications to be incorporated into fixed works, systems, or
22-15 facilities on the property of others or which are to be made
22-16 available to the general public. This exemption includes the use
22-17 of job titles and personnel classifications by such persons not in
22-18 connection with any offer of engineering services to the public,
22-19 providing that no name, title, or words are used which tend to
22-20 convey the impression that an unlicensed person is offering
22-21 engineering services to the public.
22-22 (g) [(i)] Qualified scientists engaged in scientific
22-23 research and investigation of the physical or natural sciences,
22-24 including the usual work and activities of meteorologists,
22-25 seismologists, geologists, chemists, geochemists, physicists and
22-26 geophysicists.
22-27 (h) [(j)] Nothing in this Act shall be construed or
23-1 applied so as to prohibit or in any way restrict any person from
23-2 giving testimony or preparing exhibits or documents for the sole
23-3 purpose of being placed in evidence before any administrative or
23-4 judicial tribunal of competent jurisdiction.
23-5 (i) [(k)] Nothing in this Act shall apply to any
23-6 agricultural work being performed in carrying out soil and water
23-7 conservation practices.
23-8 (j) [(l)] This Act shall not be construed as applying
23-9 to operating telephone companies and/or affiliates or their
23-10 employees in respect to any plans, designs, specifications, or
23-11 services which relate strictly to the science and art of telephony.
23-12 This exemption includes the use of job titles and personnel
23-13 classifications by such persons not in connection with any offer of
23-14 engineering services to the public, providing that no name, title,
23-15 or words are used which tend to convey the impression that an
23-16 unlicensed person is offering engineering services to the public.
23-17 SECTION 22. The Texas Engineering Practice Act (Article
23-18 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
23-19 20A to read as follows:
23-20 Sec. 20A. TEMPORARY OR PROVISIONAL LICENSE. The Board may
23-21 adopt rules providing standards and procedures for the issuance of
23-22 a temporary or provisional license under this Act.
23-23 SECTION 23. Section 21, The Texas Engineering Practice Act
23-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
23-25 as follows:
23-26 Sec. 21. LICENSURE [REGISTRATION] BY NONRESIDENTS. A person
23-27 who holds a valid certificate of registration or license issued to
24-1 him by proper authority of any state or territory or possession of
24-2 the United States, the District of Columbia, or any foreign country
24-3 may apply for licensure [registration] in this state.
24-4 SECTION 24. Section 22, The Texas Engineering Practice Act
24-5 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
24-6 as follows:
24-7 Sec. 22. DENIAL, REVOCATION, SUSPENSION, PROBATION,
24-8 REPRIMAND, RE-ISSUANCE AND REFUSAL OF LICENSE; STATUS REVIEW
24-9 [CERTIFICATE]. (a) The Board shall revoke, suspend, or refuse to
24-10 renew a license [registration], shall reprimand a license holder
24-11 [registrant], may deny an application for licensure [registration],
24-12 or may probate any suspension of any license holder [registrant]
24-13 who is determined by the Board to be censurable for:
24-14 (1) The practice of any fraud or deceit in obtaining a
24-15 license [certificate of registration];
24-16 (2) Any gross negligence, incompetency, or misconduct
24-17 in the practice of professional engineering as a licensed
24-18 [registered] professional engineer;
24-19 (3) Any documented instance of retaliation by an
24-20 applicant against an individual who has served as a reference for
24-21 that applicant;
24-22 (4) A violation of this Act or a Board rule; or
24-23 (5) A failure to timely provide plans and
24-24 specifications to the Texas Department of Licensing and Regulation
24-25 as required by Article 9102, Revised Statutes.
24-26 (b) Any person who may feel himself aggrieved by reason of
24-27 the revocation of his license [certificate of registration] by the
25-1 Board, as hereinabove authorized, shall have the right to file suit
25-2 in the district court of the county of his residence, or of the
25-3 county in which the alleged offense relied upon as grounds for
25-4 revocation took place, to annul or vacate the order of the Board
25-5 revoking the license [certificate of registration].
25-6 (c) If the Board proposes to suspend or revoke a person's
25-7 license [certificate of registration], the person is entitled to a
25-8 hearing before the Board. Proceedings for the suspension or
25-9 revocation of a license [certificate of registration] are governed
25-10 by Chapter 2001, Government Code [the Administrative Procedure and
25-11 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
25-12 Civil Statutes)].
25-13 (d) The Board, for reasons it may deem sufficient, may
25-14 re-issue a license [certificate of registration] to any person
25-15 whose license [certificate] has been revoked, provided six (6) or
25-16 more members of the Board vote in favor of such re-issuance. A new
25-17 license [certificate of registration], to replace any license
25-18 [certificate] revoked, lost, destroyed, or mutilated, may be
25-19 issued, subject to the rules of the Board.
25-20 (e) The Board may adopt rules permitting the Board to review
25-21 the status of a license holder who the Board believes may have been
25-22 issued a license through fraud or error or who may constitute a
25-23 threat to the public health, safety, or welfare. The Board may
25-24 suspend or revoke a license held by a person whose status is
25-25 reviewed under this subsection.
25-26 SECTION 25. Section 22A, The Texas Engineering Practice Act
25-27 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
26-1 as follows:
26-2 Sec. 22A. INFORMATION ABOUT COMPLAINTS. (a) The Board
26-3 shall keep an information file about each complaint filed with the
26-4 Board relating to a license holder [registrant].
26-5 (b) If a written complaint is filed with the Board relating
26-6 to a license holder [registrant], the Board, at least as frequently
26-7 as quarterly, shall notify the parties to the complaint of the
26-8 status of the complaint until final disposition unless the
26-9 notification would jeopardize an undercover investigation.
26-10 (c) The Board shall adopt rules that permit the Board to
26-11 receive and investigate anonymous and confidential complaints
26-12 against license holders or any other person who may have violated
26-13 this Act. The Board shall protect the anonymity of a person who
26-14 makes an anonymous complaint and maintain the confidentiality of
26-15 the complaint during the investigation of the complaint.
26-16 SECTION 26. The Texas Engineering Practice Act (Article
26-17 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
26-18 22C to read as follows:
26-19 Sec. 22C. (a) The Board may impose an administrative penalty
26-20 against a person licensed under this Act or any other person or
26-21 entity that violates this Act or a rule or order adopted under this
26-22 Act. The Board may include in the amount of the administrative
26-23 penalty the actual costs of investigating and prosecuting the
26-24 violation.
26-25 (b) The penalty for a violation may be in an amount not to
26-26 exceed $3,000. Each day a violation continues or occurs is a
26-27 separate violation for purposes of imposing a penalty.
27-1 (c) The amount of the penalty shall be based on:
27-2 (1) the seriousness of the violation, including the
27-3 nature, circumstances, extent, and gravity of any prohibited acts,
27-4 and the hazard or potential hazard created to the health, safety,
27-5 or economic welfare of the public;
27-6 (2) the economic harm to property or the environment
27-7 caused by the violation;
27-8 (3) the history of previous violations;
27-9 (4) the amount necessary to deter future violations;
27-10 (5) efforts or resistance to efforts to correct the
27-11 violation; and
27-12 (6) any other matter that justice may require.
27-13 (d) The Board shall adopt rules of procedure for the
27-14 assessment of an administrative penalty by the Board. Rules
27-15 adopted under this section must conform to the requirements of
27-16 Chapter 2001, Government Code.
27-17 (e) Within 30 days after the date the Board's order becomes
27-18 final as provided by Section 2001.144, Government Code, the person
27-19 shall:
27-20 (1) pay the amount of the penalty;
27-21 (2) pay the amount of the penalty and file a petition
27-22 for judicial review contesting the occurrence of the violation, the
27-23 amount of the penalty, or both the occurrence of the violation and
27-24 the amount of the penalty; or
27-25 (3) without paying the amount of the penalty, file a
27-26 petition for judicial review contesting the occurrence of the
27-27 violation, the amount of the penalty, or both the occurrence of the
28-1 violation and the amount of the penalty.
28-2 (f) Within the 30-day period, a person who acts under
28-3 Subsection (e)(3) of this section may:
28-4 (1) stay enforcement of the penalty by:
28-5 (A) paying the amount of the penalty to the
28-6 court for placement in an escrow account; or
28-7 (B) giving to the court a supersedeas bond that
28-8 is approved by the court for the amount of the penalty and that is
28-9 effective until all judicial review of the Board's order is final;
28-10 or
28-11 (2) request the court to stay enforcement of the
28-12 penalty by:
28-13 (A) filing with the court a sworn affidavit of
28-14 the person stating that the person is financially unable to pay the
28-15 amount of the penalty and is financially unable to give the
28-16 supersedeas bond; and
28-17 (B) giving a copy of the affidavit to the
28-18 executive director by certified mail.
28-19 (g) On receipt by the director of a copy of an affidavit
28-20 under Subsection (f)(2) of this section, the director may file with
28-21 the court, within five days after the date the copy is received, a
28-22 contest to the affidavit. The court shall hold a hearing on the
28-23 facts alleged in the affidavit as soon as practicable and shall
28-24 stay the enforcement of the penalty on finding that the alleged
28-25 facts are true. The person who files an affidavit has the burden
28-26 of proving that the person is financially unable to pay the amount
28-27 of the penalty and to give a supersedeas bond.
29-1 (h) If the person does not pay the amount of the penalty and
29-2 the enforcement of the penalty is not stayed, the director may
29-3 refer the matter to the attorney general for collection of the
29-4 amount of the penalty.
29-5 (i) Judicial review of the order of the Board:
29-6 (1) is instituted by filing a petition as provided by
29-7 Subchapter G, Chapter 2001, Government Code; and
29-8 (2) is under the substantial evidence rule.
29-9 (j) If the court sustains the occurrence of the violation,
29-10 the court may uphold or reduce the amount of the penalty and order
29-11 the person to pay the full or reduced amount of the penalty. If
29-12 the court does not sustain the occurrence of the violation, the
29-13 court shall order that no penalty is owed.
29-14 (k) When the judgment of the court becomes final, the court
29-15 shall proceed under this subsection. If the person paid the amount
29-16 of the penalty and if that amount is reduced or is not upheld by
29-17 the court, the court shall order that the appropriate amount plus
29-18 accrued interest be remitted to the person. The rate of the
29-19 interest is the rate charged on loans to depository institutions by
29-20 the New York Federal Reserve Bank, and the interest shall be paid
29-21 for the period beginning on the date the penalty was paid and
29-22 ending on the date the penalty is remitted. If the person gave a
29-23 supersedeas bond and if the amount of the penalty is not upheld by
29-24 the court, the court shall order the release of the bond. If the
29-25 person gave a supersedeas bond and if the amount of the penalty is
29-26 reduced, the court shall order the release of the bond after the
29-27 person pays the amount.
30-1 (l) A penalty collected under this section shall be remitted
30-2 to the comptroller for deposit in the general revenue fund, except
30-3 that the portion of the penalty that represents the costs of the
30-4 Board in investigating and prosecuting the violation shall be
30-5 remitted to the Board as reimbursement for performance of the
30-6 Board's regulatory functions.
30-7 (m) All proceedings under this section are subject to
30-8 Chapter 2001, Government Code.
30-9 SECTION 27. Section 23(a), The Texas Engineering Practice
30-10 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
30-11 read as follows:
30-12 (a) Any person who shall practice, or offer to practice, the
30-13 profession of engineering in this State without being licensed
30-14 [registered] or exempted from licensure [registration] in
30-15 accordance with the provisions of this Act, or any person
30-16 presenting or attempting to use as his own the license [certificate
30-17 of registration] or the seal of another, or any person who shall
30-18 give any false or forged evidence of any kind to the Board or to
30-19 any member thereof in obtaining a license [certificate of
30-20 registration], or any person who shall violate any of the
30-21 provisions of this Act, commits an offense. An offense under this
30-22 subsection is a Class A misdemeanor.
30-23 SECTION 28. Section 26, The Texas Engineering Practice Act
30-24 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
30-25 as follows:
30-26 Sec. 26. CONFIDENTIALITY OF CERTAIN INFORMATION. A statement
30-27 made by a person providing a reference for an applicant and other
31-1 pertinent information compiled by or submitted to the Board
31-2 relating to an applicant for licensure [registration] under this
31-3 Act is privileged and confidential and may be used only by the
31-4 Board or employees or agents of the Board who are directly involved
31-5 in the application or licensure [registration] process. The
31-6 information is not subject to discovery, subpoena, or other
31-7 disclosure.
31-8 SECTION 29. The Texas Engineering Practice Act (Article
31-9 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
31-10 27 to read as follows:
31-11 Sec. 27. INVESTIGATORS. (a) The Board may employ
31-12 investigators as the Board considers necessary to enforce this Act
31-13 and may commission those investigators as peace officers. An
31-14 investigator employed by the Board as a peace officer must meet the
31-15 requirements for peace officers imposed under Chapter 415,
31-16 Government Code. If the Board elects to commission peace officers,
31-17 the Board shall appoint an investigator who is commissioned as a
31-18 peace officer and who is qualified by training and experience in
31-19 law enforcement to supervise, direct, and administer the activities
31-20 of the commissioned investigators.
31-21 (b) An investigator employed by the Board may request the
31-22 assistance of state and local law enforcement officers in
31-23 conducting an investigation authorized by this Act.
31-24 SECTION 30. Article 2.12, Code of Criminal Procedure, as
31-25 amended by Chapters 621 and 729, Acts of the 74th Legislature,
31-26 Regular Session, 1995, is amended to read as follows:
31-27 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
32-1 officers:
32-2 (1) sheriffs and their deputies;
32-3 (2) constables and deputy constables;
32-4 (3) marshals or police officers of an incorporated
32-5 city, town, or village;
32-6 (4) rangers and officers commissioned by the Public
32-7 Safety Commission and the Director of the Department of Public
32-8 Safety;
32-9 (5) investigators of the district attorneys', criminal
32-10 district attorneys', and county attorneys' offices;
32-11 (6) law enforcement agents of the Texas Alcoholic
32-12 Beverage Commission;
32-13 (7) each member of an arson investigating unit
32-14 commissioned by a city, a county, or the state;
32-15 (8) officers commissioned under Section 37.081,
32-16 Education Code, or Subchapter E, Chapter 51, Education Code;
32-17 (9) officers commissioned by the General Services
32-18 Commission;
32-19 (10) law enforcement officers commissioned by the
32-20 Parks and Wildlife Commission;
32-21 (11) airport police officers commissioned by a city
32-22 with a population of more than one million, according to the most
32-23 recent federal census, that operates an airport that serves
32-24 commercial air carriers;
32-25 (12) airport security personnel commissioned as peace
32-26 officers by the governing body of any political subdivision of this
32-27 state, other than a city described by Subdivision (11), that
33-1 operates an airport that serves commercial air carriers;
33-2 (13) municipal park and recreational patrolmen and
33-3 security officers;
33-4 (14) security officers commissioned as peace officers
33-5 by the State Treasurer;
33-6 (15) officers commissioned by a water control and
33-7 improvement district under Section 51.132, Water Code;
33-8 (16) officers commissioned by a board of trustees
33-9 under Chapter 341, Acts of the 57th Legislature, Regular Session,
33-10 1961 (Article 1187f, Vernon's Texas Civil Statutes);
33-11 (17) investigators commissioned by the Texas State
33-12 Board of Medical Examiners;
33-13 (18) officers commissioned by the board of managers of
33-14 the Dallas County Hospital District, the Tarrant County Hospital
33-15 District, or the Bexar County Hospital District under Section
33-16 281.057, Health and Safety Code;
33-17 (19) county park rangers commissioned under Subchapter
33-18 E, Chapter 351, Local Government Code;
33-19 (20) investigators employed by the Texas Racing
33-20 Commission;
33-21 (21) officers commissioned by the State Board of
33-22 Pharmacy;
33-23 (22) officers commissioned by the governing body of a
33-24 metropolitan rapid transit authority under Section 451.108,
33-25 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
33-26 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
33-27 Statutes)], or by a regional transportation authority under Section
34-1 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
34-2 Legislature, Regular Session, 1979 ( Article 1118y, Vernon's Texas
34-3 Civil Statutes)];
34-4 (23) [officers commissioned under the Texas High-Speed
34-5 Rail Act (Article 6674v.2, Revised Statutes);]
34-6 [(24)] investigators commissioned by the attorney
34-7 general under Section 402.009, Government Code;
34-8 (24) [(25)] security officers and investigators
34-9 commissioned as peace officers under Chapter 466, Government Code;
34-10 (25) [(26)] an officer employed by the Texas
34-11 Department of Health under Section 431.2471, Health and Safety
34-12 Code;
34-13 (26) [(27)] officers appointed by an appellate court
34-14 under Subchapter F, Chapter 53, Government Code;
34-15 (27) [(28)] officers commissioned by the state fire
34-16 marshal under Chapter 417, Government Code; [and]
34-17 (28) [(29)] an investigator commissioned by the
34-18 commissioner of insurance under Article 1.10D, Insurance Code;[.]
34-19 (29) apprehension specialists commissioned by the
34-20 Texas Youth Commission as officers under Section 61.0931, Human
34-21 Resources Code; and
34-22 (30) an investigator commissioned by the Texas Board
34-23 of Professional Engineers under Section 27, The Texas Engineering
34-24 Practice Act (Article 3271a, Vernon's Texas Civil Statutes).
34-25 SECTION 31. The change in law made by this Act applies only
34-26 to a violation of The Texas Engineering Practice Act (Article
34-27 3271a, Vernon's Texas Civil Statutes) or a rule adopted under that
35-1 Act that is reported on or after the effective date of this Act. A
35-2 violation that is reported before that date is governed by the law
35-3 in effect on the date the violation was reported, and the former
35-4 law is continued in effect for that purpose.
35-5 SECTION 32. The change in law made by this Act relating to
35-6 the change in the type of credential issued to practice as an
35-7 engineer does not affect the validity of a certificate of
35-8 registration issued before the effective date of this Act.
35-9 SECTION 33. The importance of this legislation and the
35-10 crowded condition of the calendars in both houses create an
35-11 emergency and an imperative public necessity that the
35-12 constitutional rule requiring bills to be read on three several
35-13 days in each house be suspended, and this rule is hereby suspended,
35-14 and that this Act take effect and be in force from and after its
35-15 passage, and it is so enacted.