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.