By:  Ratliff, Duncan                                   S.B. No. 623

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of the practice of engineering;

 1-2     providing penalties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1.1, The Texas Engineering Practice Act

 1-5     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 1-6     as follows:

 1-7           Sec. 1.1.  In recognition of the vital impact which the rapid

 1-8     advance of knowledge of the mathematical, physical and engineering

 1-9     sciences as applied in the practice of engineering is having upon

1-10     the lives, property, economy and security of our people and the

1-11     national defense, it is the intent of the Legislature, in order to

1-12     protect the public health, safety and welfare, that the privilege

1-13     of practicing engineering be entrusted only to those persons duly

1-14     licensed[, registered] and practicing under the provisions of this

1-15     Act and that there be strict compliance with and enforcement of all

1-16     the provisions of this Act, and, in order that the state and

1-17     members of the public may be able to identify those duly authorized

1-18     to practice engineering in this state and fix responsibility for

1-19     work done or services or acts performed in the practice of

1-20     engineering, only licensed [and registered] persons shall practice,

1-21     offer or attempt to practice engineering or call themselves or be

1-22     otherwise designated as any kind of an "engineer" or in any manner

1-23     make use of the term "engineer" as a professional, business or

 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,

 3-1     variations or abbreviations thereof as a professional, business or

 3-2     commercial identification, title, name, representation, claim,

 3-3     asset or means of advantage or benefit:  "engineer," "professional

 3-4     engineer," "licensed engineer," "registered engineer," "registered

 3-5     professional engineer," "licensed professional engineer,"

 3-6     "engineered."

 3-7                 (3)  Directly or indirectly, employ, use, cause to be

 3-8     used or make use of any letter, abbreviation, word, symbol, slogan,

 3-9     sign or any combinations or variations thereof, which in any manner

3-10     whatsoever tends or is likely to create any impression with the

3-11     public or any member thereof that any person is qualified or

3-12     authorized to practice engineering unless such person is duly

3-13     licensed[, registered] under and practicing in accordance with the

3-14     provisions of this Act.

3-15                 (4)  Receive any fee or compensation or the promise of

3-16     any fee or compensation for performing, offering or attempting to

3-17     perform any service, work, act or thing which is any part of the

3-18     practice of engineering as defined by this Act.

3-19           Within the intent and meaning and for all purposes of this

3-20     Act, any person, firm, partnership, association or corporation

3-21     which shall do, offer or attempt to do any one or more of the acts

3-22     or things set forth in numbered paragraphs (1), (2), (3) or (4) of

3-23     this Section 1.2 shall be conclusively presumed and regarded as

3-24     engaged in the practice of engineering.

3-25           SECTION 3.  Section 1.3, The Texas Engineering Practice Act

 4-1     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 4-2     as follows:

 4-3           Sec. 1.3.  Every person licensed [and registered] by the

 4-4     Board to engage in the practice of engineering shall in the

 4-5     professional use of his name on any sign, directory, listing,

 4-6     contract, document, pamphlet, stationery, letterhead,

 4-7     advertisement, signature, or any other such means of professional

 4-8     identification, written or printed, use one of the following

 4-9     legally required identifications:  Engineer, Professional Engineer

4-10     or P. E.

4-11           SECTION 4.  Subdivisions (1), (3), and (4), Section 2, The

4-12     Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil

4-13     Statutes), are amended to read as follows:

4-14                 (1)  "Board" shall mean the Texas [State] Board of

4-15     [Registration for] Professional Engineers, provided for by this

4-16     Act.

4-17                 (3)  "Engineer," "professional engineer," "registered

4-18     engineer," "registered professional engineer," [or] "licensed

4-19     professional engineer," or "licensed engineer" shall mean a person

4-20     who has been duly licensed [and registered] by the Board to engage

4-21     in the practice of engineering in this state.

4-22                 (4)  "Practice of engineering," or "practice of

4-23     professional engineering" shall mean any service or creative work,

4-24     either public or private, the adequate performance of which

4-25     requires engineering education, training and experience in the

 5-1     application of special knowledge or judgment of the mathematical,

 5-2     physical, or engineering sciences to such services or creative

 5-3     work.

 5-4           To the extent the following services or types of creative

 5-5     work meet this definition, the term includes consultation,

 5-6     investigation, evaluation, analysis, planning, engineering for

 5-7     program management, providing an expert engineering opinion or

 5-8     testimony, engineering for testing or evaluating materials for

 5-9     construction and other engineering uses, and mapping; design,

5-10     conceptual design, or conceptual design coordination of engineering

5-11     works and systems; development or optimization of plans and

5-12     specifications for engineering works and systems; planning the use

5-13     or alteration of land and water or the design or analysis of works

5-14     or systems for the use or alteration of land and water; teaching

5-15     advanced engineering subjects; performing engineering surveys and

5-16     studies; engineering for construction, alteration, or repair of

5-17     real property; engineering for preparation of operating and

5-18     maintenance manuals; and engineering for review of the construction

5-19     or installation of engineered works to monitor compliance with

5-20     drawings and specifications.

5-21           The activities included in the practice of engineering

5-22     include services, designs, analyses, or other work performed for a

5-23     public or private entity in connection with utilities, structures,

5-24     buildings, machines, equipment, processes, systems, works,

5-25     projects, and industrial or consumer products or equipment of a

 6-1     mechanical, electrical, electronic, chemical, hydraulic, pneumatic,

 6-2     geotechnical, or thermal nature and include other professional

 6-3     services necessary for the planning, progress, and completion of

 6-4     any engineering service.

 6-5           In this subdivision:

 6-6                       (A)  "Design coordination" includes the review

 6-7     and coordination of technical submissions prepared by others,

 6-8     including the work of other professionals working with or under the

 6-9     direction of an engineer with due professional regard for the

6-10     abilities of all professional parties involved in a

6-11     multidisciplinary effort.

6-12                       (B)  "Engineering surveys" includes all survey

6-13     activities required to support the sound conception, planning,

6-14     design, construction, maintenance, and operation of an engineered

6-15     project, but does not include the surveying of real property and

6-16     other activities regulated under the Professional Land Surveying

6-17     Practices Act (Article 5282c, Vernon's Texas Civil Statutes).

6-18           SECTION 5.  Section 3, The Texas Engineering Practice Act

6-19     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

6-20     as follows:

6-21           Sec. 3.  TEXAS [STATE] BOARD OF [REGISTRATION FOR]

6-22     PROFESSIONAL ENGINEERS--APPOINTMENT OF MEMBERS--TERMS.  The Texas

6-23     [A State] Board of [Registration for] Professional Engineers is

6-24     hereby created whose duty it shall be to administer the provisions

6-25     of this Act.  The Board shall consist of six (6) professional

 7-1     engineers and three (3) representatives of the general public, who

 7-2     shall be appointed by the Governor of the State, without regard to

 7-3     the race, creed, sex, religion, or national origin of the

 7-4     appointees and with the advice and consent of the Senate.  At the

 7-5     expiration of the term of each member first appointed, his

 7-6     successor shall be appointed by the Governor of the State and he

 7-7     shall serve for a term of six (6) years or until his successor

 7-8     shall be appointed and qualified.  Before entering upon the duties

 7-9     of his office each member of the Board shall take the

7-10     Constitutional Oath of office and the same shall be filed with the

7-11     Secretary of State.

7-12           SECTION 6.  Section 3a, The Texas Engineering Practice Act

7-13     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

7-14     as follows:

7-15           Sec. 3a.  SUNSET PROVISION.  The Texas [State] Board of

7-16     [Registration for] Professional Engineers is subject to Chapter

7-17     325, Government Code (Texas Sunset Act).  Unless continued in

7-18     existence as provided by that chapter, the board is abolished and

7-19     this Act expires September 1, 2003.

7-20           SECTION 7.  Subsection (d), Section 4, The Texas Engineering

7-21     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is

7-22     amended to read as follows:

7-23           (d)  The Board by majority vote may limit the participation

7-24     of general public members in the evaluations of applications for

7-25     licensure [registration] except in those instances in which the

 8-1     evaluations take place at an official meeting of the Board.

 8-2           SECTION 8.  Subsections (a) and (b), Section 8, The Texas

 8-3     Engineering Practice Act (Article 3271a, Vernon's Texas Civil

 8-4     Statutes), are amended to read as follows:

 8-5           (a)  In addition to any other powers and duties, the Board

 8-6     shall have the authority and power to make and enforce all rules

 8-7     and regulations and bylaws consistent with this Act as necessary

 8-8     for the performance of its duties, the governance of its own

 8-9     proceedings, and the regulation of the practice of engineering in

8-10     this state and may establish standards of conduct and ethics for

8-11     engineers in keeping with the purposes and intent of this Act and

8-12     to insure strict compliance with and enforcement of this Act.  The

8-13     violation by any engineer of any provision of this Act or any rule

8-14     or regulation of the Board shall be a sufficient cause to suspend

8-15     or revoke the license [certificate of registration] of or to issue

8-16     a formal or informal reprimand to such engineer.  In addition to

8-17     any other action, proceeding or remedy authorized by law, the Board

8-18     shall have the right to institute an action in its own name in a

8-19     district court of Travis County against any individual person,

8-20     firm, partnership, or other entity to enjoin any violation of any

8-21     provision of this Act or any rule or regulation of the Board and in

8-22     order for the Board to sustain such action it shall not be

8-23     necessary to allege or prove, either that an adequate remedy at law

8-24     does not exist, or that substantial or irreparable damage would

8-25     result from the continued violation thereof.  Either party to such

 9-1     action may appeal to the appellate court having jurisdiction of

 9-2     said cause.  The Board shall not be required to give any appeal

 9-3     bond in any cause arising under this Act.  The Attorney General

 9-4     shall represent the Board in all actions and proceedings to enforce

 9-5     the provisions of this Act.

 9-6           (b)  The Board may promulgate rules restricting competitive

 9-7     bidding.  The Board may not promulgate rules restricting

 9-8     advertising by a license holder [registrants] except to prohibit

 9-9     false, misleading, or deceptive practices by the license holder

9-10     [registrants].  The Board may not include in its rules to prohibit

9-11     false, misleading, or deceptive practices by a person regulated by

9-12     the Board a rule that:

9-13                 (1)  restricts the person's use of any medium for

9-14     advertising;

9-15                 (2)  restricts the person's personal appearance or use

9-16     of his personal voice in an advertisement;

9-17                 (3)  relates to the size or duration of an

9-18     advertisement by the person; or

9-19                 (4)  restricts the person's advertisement under a trade

9-20     name.

9-21           SECTION 9.  Subsection (a), Section 10, The Texas Engineering

9-22     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is

9-23     amended to read as follows:

9-24           (a)  The Board shall keep a record of its proceedings and

9-25     register of all applications for licensure [registration], which

 10-1    register shall show (a) the name, age and residence of each

 10-2    applicant; (b) the date of the application; (c) the place of

 10-3    business of such applicant; (d) his educational and other

 10-4    qualifications; (e) whether or not an examination was required;

 10-5    (f) whether the applicant was rejected; (g) whether a license

 10-6    [certificate of registration] was granted; (h) the date of the

 10-7    action of the Board; and (i) such other information as may be

 10-8    deemed necessary by the Board.

 10-9          The records of the Board shall be available to the public at

10-10    all times and shall be prima facie evidence of the proceedings of

10-11    the Board set forth therein, and a transcript thereof, duly

10-12    certified by the Secretary of the Board under seal, shall be

10-13    admissible in evidence with the same force and effect as if the

10-14    original was produced.

10-15          SECTION 10.  Section 11, The Texas Engineering Practice Act

10-16    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

10-17    as follows:

10-18          Sec. 11.  ROSTER OF LICENSED [REGISTERED] ENGINEERS.  A

10-19    roster showing the names and places of business of all licensed

10-20    [registered] professional engineers shall be prepared and published

10-21    by the Board each biennium at a time determined by the Board.

10-22    Copies of this roster shall be furnished without charge to any

10-23    engineer licensed [registered] by the Board on the written request

10-24    of the engineer, placed on file with the Secretary of State, and

10-25    furnished to any person upon written request who tenders a

 11-1    reproduction fee set by the Board.

 11-2          SECTION 11.  Section 12, The Texas Engineering Practice Act

 11-3    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 11-4    as follows:

 11-5          Sec. 12.  GENERAL REQUIREMENTS FOR LICENSURE [REGISTRATION].

 11-6    (a)  The following shall be considered as minimum evidence

 11-7    satisfactory to the Board that the applicant is qualified for

 11-8    licensure [registration] as a professional engineer:

 11-9                (1)  graduation from an approved curriculum in

11-10    engineering that is approved by the Board as of satisfactory

11-11    standing, passage of the examination requirements prescribed by the

11-12    Board, and a specific record of an additional four (4) years or

11-13    more of active practice in engineering work, of a character

11-14    satisfactory to the Board, indicating that the applicant is

11-15    competent to be placed in responsible charge of such work; or

11-16                (2)  graduation from an engineering or related science

11-17    curriculum at a recognized institution of higher education, other

11-18    than a curriculum approved by the Board under Subdivision (1) of

11-19    this subsection, passage of the examination requirements prescribed

11-20    by the Board, and a specific record of at least eight (8) years of

11-21    active practice in engineering work of a character satisfactory to

11-22    the Board and indicating that the applicant is competent to be

11-23    placed in responsible charge of such work.

11-24          (b)  Provided, that no person shall be eligible for licensure

11-25    [registration] as a professional engineer who is not of good

 12-1    character and reputation; and provided further, that any engineer

 12-2    licensed [registered] under this Act shall be eligible to hold any

 12-3    appointive engineering position with the State of Texas.

 12-4          (c)  In considering the qualifications of applicants,

 12-5    responsible charge of engineering teaching may be construed as

 12-6    responsible charge of engineering work.  The mere execution, as a

 12-7    contractor, of work designed by a professional engineer, or the

 12-8    supervision of the construction of such work as foreman or

 12-9    superintendent shall not be deemed to be active practice in

12-10    engineering work.

12-11          (d)  Any person having the necessary qualifications

12-12    prescribed in this Act to entitle him to licensure [registration]

12-13    shall be eligible for such licensure [registration] though he may

12-14    not be practicing at the time of making his application.

12-15          (e)  The Board may adopt rules providing for the waiver of

12-16    all or part of the examination requirement under this Act to permit

12-17    the issuance or reissuance of a license to an applicant.  Before

12-18    the Board may waive the requirement, the Board must find that the

12-19    applicant possesses sufficient qualifications to justify the waiver

12-20    of all or part of the examination requirement and that issuance or

12-21    reissuance of the license to the applicant does not pose a threat

12-22    to the public health, safety, or welfare.

12-23          SECTION 12.  Section 13, The Texas Engineering Practice Act

12-24    (Article 3271a, Vernon's Texas Civil Statutes), as amended by

12-25    Chapters 947 and 1090, Acts of the 71st Legislature, Regular

 13-1    Session, 1989, is amended by amending Subsections (a), (b), and (d)

 13-2    and adding Subsection (e) to read as follows:

 13-3          (a)  Applications for licensure [registration] shall be on

 13-4    forms prescribed and furnished by the Board, be sworn, and contain:

 13-5                (1)  statements showing personal information about the

 13-6    applicant, as required by Board rule, and describing the

 13-7    applicant's education;

 13-8                (2)  a detailed summary of the applicant's actual

 13-9    engineering work;

13-10                (3)  a statement describing any earlier professional

13-11    engineering registrations or licenses by or denials, revocations,

13-12    or suspensions of professional engineering registrations or

13-13    licenses of the applicant;

13-14                (4)  a statement describing any criminal offenses of

13-15    which the applicant has been convicted; and

13-16                (5)  not less than five (5) references from individuals

13-17    with personal knowledge of the applicant's character, reputation,

13-18    and general suitability for licensure [registration], of whom three

13-19    (3) or more shall be licensed [registered] engineers having

13-20    personal knowledge of the applicant's engineering experience.

13-21          (b)  The Board shall establish reasonable and necessary fees

13-22    for the administration of this Act in amounts not to exceed:

13-23          1.  License [Registration] fee                            $50

13-24          2.  Annual renewal fee                                     75

13-25          3.  Reciprocal license [registration] fee                  50

 14-1          4.  Duplicate license [certificate of registration]         5

 14-2          5.  Engineer-in-training certificate                       15

 14-3          6.  Roster of engineers                                    10

 14-4          7.  Examination fee                                 120 [100]

 14-5          (d)  The Board by rule may adopt reduced licensure

 14-6    [registration] and annual renewal fees for licensed [registered]

 14-7    engineers who are at least 65 years of age.

 14-8          (e)  The Board by rule may adopt reduced licensure and annual

 14-9    renewal fees for licensed engineers who are disabled and who are

14-10    not currently engaged in the active practice of engineering.  For

14-11    purposes of this subsection, an individual is "disabled" if the

14-12    individual has a mental or physical impairment that substantially

14-13    limits the ability of the individual to earn a living as a licensed

14-14    engineer, other than an impairment caused by a current condition of

14-15    addiction to the use of alcohol or an illegal drug or controlled

14-16    substance.  A licensed engineer entitled to reduced fees under this

14-17    subsection because the engineer is not engaged in the active

14-18    practice of engineering shall notify the Board of the resumption of

14-19    active practice not later than the 15th day after the date the

14-20    engineer resumes active practice.

14-21          SECTION 13.  Subsections (a) and (c), Section 13B, The Texas

14-22    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

14-23    Statutes), are amended to read as follows:

14-24          (a)  Each of the following fees imposed by or under another

14-25    section of this Act is increased by $200:

 15-1                (1)  license [registration] fee;

 15-2                (2)  annual renewal fee; and

 15-3                (3)  reciprocal license [registration] fee.

 15-4          (c)  Subsection (a) does not apply to a licensed [registered]

 15-5    professional engineer who:

 15-6                (1)  meets the qualifications for an exemption from

 15-7    licensure [registration] under Section 20(e) [20(g)] or (f) [(h)]

 15-8    of this Act but who does not claim that exemption; or

 15-9                (2)  is disabled for purposes of Section 13(e) of this

15-10    Act.

15-11          SECTION 14.  Subsection (a), Section 14, The Texas

15-12    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

15-13    Statutes), is amended to read as follows:

15-14          (a)  On payment of the examination fee, oral or written

15-15    examinations shall be administered to qualified applicants at such

15-16    time and place as the Board shall determine.  The scope of the

15-17    examinations and the methods of procedure shall be prescribed by

15-18    the Board with special reference to the applicant's ability to

15-19    design and supervise engineering works, which shall insure the

15-20    safety of life, health, and property.  Examinations shall be given

15-21    for the purpose of determining the qualifications of applicants for

15-22    licensure [registration] in professional engineering.  The Board

15-23    may permit reexamination of an applicant on payment of an

15-24    appropriate reexamination fee in an amount set by the Board.

15-25          SECTION 15.  Section 15, The Texas Engineering Practice Act

 16-1    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 16-2    as follows:

 16-3          Sec. 15.  LICENSES [CERTIFICATES], SEALS.  (a)  The Board

 16-4    shall issue a license [certificate of registration] upon payment of

 16-5    the license [registration] fee as provided for in this Act, to any

 16-6    applicant, who, in the opinion of the Board, has satisfactorily met

 16-7    all the requirements of this Act.  The license [In case of a

 16-8    registered engineer, the certificate] shall authorize the practice

 16-9    of professional engineering.  A license [Certificates of

16-10    registration] shall show the full name of the license holder

16-11    [registrant], shall have a serial number, and shall be signed by

16-12    the Chairman and the Secretary of the Board under seal of the

16-13    Board.  The issuance of a license [certificate of registration] by

16-14    this Board shall be evidence that the person named therein is

16-15    entitled to all rights and privileges of a licensed [registered]

16-16    professional engineer, while the said license [certificate] remains

16-17    unrevoked or unexpired.

16-18          (b)  Each license holder [registrant] hereunder shall upon

16-19    licensure [registration] obtain a seal of the design authorized by

16-20    the Board, bearing the license holder's [registrant's] name and the

16-21    legend "Licensed Professional Engineer" or "Registered Professional

16-22    Engineer".  Plans, specifications, plats, and reports issued by a

16-23    license holder [registrant] must include the license holder's

16-24    [registrant's] seal affixed to the document.  It shall be unlawful

16-25    for any one to affix a seal on any document if the license

 17-1    [certificate] of the license holder [registrant] named thereon has

 17-2    expired or has been suspended or revoked, unless said license

 17-3    [certificate] shall have been renewed or reissued.

 17-4          (c)  This Act applies to all engineering practiced in this

 17-5    state that is not exempted under this Act.  A public official of

 17-6    this state or of a political subdivision of this state who is

 17-7    charged with the enforcement of laws, ordinances, codes, or

 17-8    regulations that affect the practice of engineering may only accept

 17-9    plans, specifications, and other related documents prepared by a

17-10    licensed engineer [registered engineers], as evidenced by the seal

17-11    of the engineer.  A public official shall report violations of this

17-12    Act to the proper authorities.

17-13          SECTION 16.  Section 16, The Texas Engineering Practice Act

17-14    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

17-15    as follows:

17-16          Sec. 16.  EXPIRATIONS AND RENEWALS.  (a)  It shall be the

17-17    duty of the Board to notify every person licensed [registered]

17-18    under this Act of the date of the expiration of his license

17-19    [certificate] and the amount of the fee that shall be required for

17-20    its renewal for one year; such notice shall be mailed at least one

17-21    month in advance of the date of the expiration of said license

17-22    [certificate] to the last address provided by the license holder

17-23    [registrant] to the Board.

17-24          (b)  A person may renew an unexpired license [certificate of

17-25    registration] by paying to the Board before the expiration date of

 18-1    the license [certificate of registration] the required renewal fee.

 18-2          (c)  If a person's license [certificate of registration] has

 18-3    been expired for not longer than 90 days, the person may renew the

 18-4    license [certificate of registration] by paying to the Board the

 18-5    required renewal fee and a penalty fee as set by the Board.

 18-6          (d)  If a person's license [certificate of registration] has

 18-7    been expired for longer than 90 days but less than two years, the

 18-8    person may renew the license [certificate of registration] by

 18-9    paying to the Board all unpaid renewal fees and a penalty fee as

18-10    set by the Board.

18-11          (e)  If a person's license [certificate of registration] has

18-12    been expired for two years or longer, the person may not renew the

18-13    license [certificate of registration].  The person may obtain a new

18-14    license [certificate of registration] by complying with the

18-15    requirements and procedures for obtaining an original license

18-16    [certificate of registration] that are in effect at the time the

18-17    person applies.

18-18          SECTION 17.  Section 16.1, The Texas Engineering Practice Act

18-19    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

18-20    as follows:

18-21          Sec. 16.1.  EXPIRATION DATES OF LICENSES [CERTIFICATES OF

18-22    REGISTRATION]. The board by rule may adopt a system under which

18-23    licenses [certificates of registration] expire on various dates

18-24    during the year, and the dates for reinstatement shall be adjusted

18-25    accordingly.

 19-1          SECTION 18.  Section 17, The Texas Engineering Practice Act

 19-2    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 19-3    as follows:

 19-4          Sec. 17.  FIRMS, PARTNERSHIPS, CORPORATIONS AND JOINT STOCK

 19-5    ASSOCIATIONS.  A firm, or a co-partnership, or a corporation, or a

 19-6    joint stock association may engage in the practice of professional

 19-7    engineering in this State, provided such practice is carried on by

 19-8    only professional engineers licensed [registered] in this State.

 19-9          SECTION 19.  Section 18, The Texas Engineering Practice Act

19-10    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

19-11    as follows:

19-12          Sec. 18.  (a)  No firm, partnership, association, corporation

19-13    or other business entity shall hold itself out to the public or any

19-14    member thereof as being engaged in the practice of engineering

19-15    under any assumed, trade, business, partnership or corporate name

19-16    or employ, use, cause to be used or make use of in any manner

19-17    whatsoever any such words or terms as "engineer," "engineering,"

19-18    "engineering services," "engineering company," "engineering, inc.,"

19-19    "professional engineers," "licensed engineer," "registered

19-20    engineer," "licensed professional engineer," "registered

19-21    professional engineer," "engineered," or any combinations,

19-22    abbreviations or variations thereof, or in combination with any

19-23    other words, letters, initials, signs or symbols on, in or as a

19-24    part of, directly or indirectly, any sign, directory, listing,

19-25    contract, document, pamphlet, stationery, letterhead,

 20-1    advertisement, signature, trade name, assumed name, corporate or

 20-2    other business name unless such firm, partnership, association,

 20-3    corporation or other business entity is actually and actively

 20-4    engaged in the practice of engineering or offering engineering

 20-5    services to the public, and any and all services, work, acts or

 20-6    things performed or done by it which constitute any part of the

 20-7    practice of engineering are either personally performed or done by

 20-8    a licensed [registered] engineer or under the direct [responsible]

 20-9    supervision of a licensed [registered] engineer who is a regular

20-10    full-time employee of the firm, partnership, association,

20-11    corporation, or other business entity.

20-12          (b)  This section does not prohibit a licensed engineer from

20-13    performing engineering services on a part-time basis.

20-14          SECTION 20.  Subsection (a), Section 19, The Texas

20-15    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

20-16    Statutes), is amended to read as follows:

20-17          (a)  It is unlawful for this State or for any of its

20-18    political subdivisions, including any county, city, or town, to

20-19    engage in the construction of any public work involving

20-20    professional engineering, where public health, public welfare or

20-21    public safety is involved, unless the engineering plans and

20-22    specifications and estimates have been prepared by, and the

20-23    engineering construction is to be executed under the direct

20-24    supervision of a licensed [registered] professional engineer.

20-25          SECTION 21.  Section 20, The Texas Engineering Practice Act

 21-1    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 21-2    as follows:

 21-3          Sec. 20.  EXEMPTIONS.  The following persons shall be exempt

 21-4    from the licensure [registration] provisions of this Act, provided

 21-5    that such persons are not directly or indirectly represented or

 21-6    held out to the public to be legally qualified to engage in the

 21-7    practice of engineering:

 21-8                (a)  [A person not a resident of and having no

 21-9    established place of business in this state if that person:]

21-10                      [(1)  has filed an application for registration

21-11    as a professional engineer with the Board and the application is

21-12    pending Board action;]

21-13                      [(2)  is legally qualified to practice

21-14    engineering in another jurisdiction whose requirements for practice

21-15    are at least as strict as those required by this state; and]

21-16                      [(3)  affixes the person's seal from the

21-17    jurisdiction in which the person is legally qualified to practice

21-18    on all work completed while the application for registration to

21-19    practice in this state is pending.]

21-20                [(b)  A person who has recently become a resident of

21-21    this state if that person:]

21-22                      [(1)  has filed an application for registration

21-23    as a professional engineer with the Board and the application is

21-24    pending Board action;]

21-25                      [(2)  is legally qualified to practice

 22-1    engineering in another jurisdiction whose requirements for practice

 22-2    are at least as strict as those required by this state; and]

 22-3                      [(3)  affixes the person's seal from the

 22-4    jurisdiction in which the person is legally qualified to practice

 22-5    on all work completed while the application for registration to

 22-6    practice in this state is pending.]

 22-7                [(c)]  An employee or a subordinate of a person holding

 22-8    a license [certificate of registration] under this Act[, or any

 22-9    employee of a person exempted from registration by classes (a) and

22-10    (b) of this Section]; provided, his practice does not include

22-11    responsible charge of design or supervision.

22-12                (b) [(d)]  Officers and employees of the Government of

22-13    the United States while engaged within this state in the practice

22-14    of the profession of engineering for said Government.

22-15                (c) [(e)]  A person doing the actual work of

22-16    installing, operating, repairing, or servicing locomotive or

22-17    stationary engines, steam boilers, Diesel engines, internal

22-18    combustion engines, refrigeration compressors and systems, hoisting

22-19    engines, electrical engines, air conditioning equipment and

22-20    systems, or mechanical and electrical, electronic or communications

22-21    equipment and apparatus; this Act may not be construed to prevent

22-22    any citizen from identifying himself in the name and trade of any

22-23    engineers' labor organization with which he may be affiliated,

22-24    however, this exemption may not be construed to permit any person

22-25    other than a licensed [registered] professional engineer to affix

 23-1    his signature to engineering plans, or specifications and may not

 23-2    be construed to permit a person to use the term "engineer" or

 23-3    "engineering" in any manner prohibited by this Act.

 23-4                (d) [(f)]  A person, firm, partnership, joint stock

 23-5    association or private corporation, erecting, constructing,

 23-6    enlarging, altering or repairing, or drawing plans and

 23-7    specifications for:  (1) any private dwelling, or apartments not

 23-8    exceeding eight units per building for one story buildings, or

 23-9    apartments not exceeding four units per building and having a

23-10    maximum height of two stories, or garages or other structures

23-11    pertinent to such buildings; or (2) private buildings which are to

23-12    be used exclusively for farm, ranch or agricultural purposes, or

23-13    used exclusively for storage of raw agricultural commodities; or

23-14    (3) other buildings, except public buildings included under Section

23-15    19 of this Act, having no more than one story and containing no

23-16    clear span between supporting structures greater than 24 feet on

23-17    the narrow side and having a total floor area not in excess of five

23-18    thousand square feet; provided that on unsupported spans greater

23-19    than 24 feet on such buildings only the trusses, beams, or other

23-20    roof supporting members need to be engineered or pre-engineered;

23-21    provided that no representation is made or implied that engineering

23-22    services have been or will be offered to the public.

23-23                (e) [(g)]  Any regular full time employee of a private

23-24    corporation or other private business entity who is engaged solely

23-25    and exclusively in performing services for such corporation and/or

 24-1    its affiliates; provided, such employee's services are on, or in

 24-2    connection with, property owned or leased by such private

 24-3    corporation and/or its affiliates or other private business entity,

 24-4    or in which such private corporation and/or its affiliates or other

 24-5    business entity has an interest, estate or possessory right, or

 24-6    whose services affect exclusively the property, products, or

 24-7    interests of such private corporation and/or its affiliates or

 24-8    other private business entity; and, provided further, that such

 24-9    employee does not have the final authority for the approval of, and

24-10    the ultimate responsibility for, engineering designs, plans or

24-11    specifications pertaining to such property or products which are to

24-12    be incorporated into fixed works, systems, or facilities on the

24-13    property of others or which are to be made available to the general

24-14    public.  This exemption includes the use of job titles and

24-15    personnel classifications by such persons not in connection with

24-16    any offer of engineering services to the public, providing that no

24-17    name, title, or words are used which tend to convey the impression

24-18    that an unlicensed person is offering engineering services to the

24-19    public.

24-20                (f) [(h)]  Any regular full time employee of a

24-21    privately owned public utility or cooperative utility and/or

24-22    affiliates who is engaged solely and exclusively in performing

24-23    services for such utility and/or its affiliates; provided, that

24-24    such employee does not have the final authority for the approval

24-25    of, and the ultimate responsibility for engineering designs, plans

 25-1    or specifications to be incorporated into fixed works, systems, or

 25-2    facilities on the property of others or which are to be made

 25-3    available to the general public.  This exemption includes the use

 25-4    of job titles and personnel classifications by such persons not in

 25-5    connection with any offer of engineering services to the public,

 25-6    providing that no name, title, or words are used which tend to

 25-7    convey the impression that an unlicensed person is offering

 25-8    engineering services to the public.

 25-9                (g) [(i)]  Qualified scientists engaged in scientific

25-10    research and investigation of the physical or natural sciences,

25-11    including the usual work and activities of meteorologists,

25-12    seismologists, geologists, chemists, geochemists, physicists and

25-13    geophysicists.

25-14                (h) [(j)]  Nothing in this Act shall be construed or

25-15    applied so as to prohibit or in any way restrict any person from

25-16    giving testimony or preparing exhibits or documents for the sole

25-17    purpose of being placed in evidence before any administrative or

25-18    judicial tribunal of competent jurisdiction.

25-19                (i) [(k)]  Nothing in this Act shall apply to any

25-20    agricultural work being performed in carrying out soil and water

25-21    conservation practices.

25-22                (j) [(l)]  This Act shall not be construed as applying

25-23    to operating telephone companies and/or affiliates or their

25-24    employees in respect to any plans, designs, specifications, or

25-25    services which relate strictly to the science and art of telephony.

 26-1    This exemption includes the use of job titles and personnel

 26-2    classifications by such persons not in connection with any offer of

 26-3    engineering services to the public, providing that no name, title,

 26-4    or words are used which tend to convey the impression that an

 26-5    unlicensed person is offering engineering services to the public.

 26-6                (k)  This Act or a rule adopted under this Act does not

 26-7    prevent, limit, or restrict a person licensed as an architect,

 26-8    landscape architect, or interior designer under the laws of this

 26-9    state from performing an act, service, or work that is within the

26-10    definition of the person's practice as an architect under Chapter

26-11    478, Acts of the 45th Legislature, Regular Session, 1937 (Article

26-12    249a, Vernon's Texas Civil Statutes), as a landscape architect

26-13    under Chapter 457, Acts of the 61st Legislature, Regular Session,

26-14    1969 (Article 249c, Vernon's Texas Civil Statutes), or as an

26-15    interior designer under Article 249e, Revised Statutes.

26-16                (l)  This Act does not apply to a regular full-time

26-17    employee of a private corporation or other private business entity

26-18    who is engaged in erecting, constructing, enlarging, altering,

26-19    repairing, rehabilitating, or maintaining an improvement to real

26-20    property in accordance with plans and specifications that bear the

26-21    seal of a licensed engineer.  This exemption includes the use of

26-22    job titles and personnel classifications by the employee that are

26-23    not in connection with any offer of engineering services to the

26-24    public.

26-25          SECTION 22.  The Texas Engineering Practice Act (Article

 27-1    3271a, Vernon's Texas Civil Statutes) is amended by adding Section

 27-2    20A to read as follows:

 27-3          Sec. 20A.  TEMPORARY OR PROVISIONAL LICENSE.  The Board may

 27-4    adopt rules providing standards and procedures for the issuance of

 27-5    a temporary or provisional license under this Act.

 27-6          SECTION 23.  Section 21, The Texas Engineering Practice Act

 27-7    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 27-8    as follows:

 27-9          Sec. 21.  LICENSURE [REGISTRATION] BY NONRESIDENTS.  A person

27-10    who holds a valid certificate of registration or license issued to

27-11    him by proper authority of any state or territory or possession of

27-12    the United States, the District of Columbia, or any foreign country

27-13    may apply for licensure [registration] in this state.

27-14          SECTION 24.  Section 22, The Texas Engineering Practice Act

27-15    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

27-16    as follows:

27-17          Sec. 22.  DENIAL, REVOCATION, SUSPENSION, PROBATION,

27-18    REPRIMAND, RE-ISSUANCE AND REFUSAL OF LICENSE; STATUS REVIEW

27-19    [CERTIFICATE].  (a)  The Board shall revoke, suspend, or refuse to

27-20    renew a license [registration], shall reprimand a license holder

27-21    [registrant], may deny an application for licensure [registration],

27-22    or may probate any suspension of any license holder [registrant]

27-23    who is determined by the Board to be censurable for:

27-24                (1)  The practice of any fraud or deceit in obtaining a

27-25    license [certificate of registration];

 28-1                (2)  Any gross negligence, incompetency, or misconduct

 28-2    in the practice of professional engineering as a licensed

 28-3    [registered] professional engineer;

 28-4                (3)  Any documented instance of retaliation by an

 28-5    applicant against an individual who has served as a reference for

 28-6    that applicant;

 28-7                (4)  A violation of this Act or a Board rule; or

 28-8                (5)  A failure to timely provide plans and

 28-9    specifications to the Texas Department of Licensing and Regulation

28-10    as required by Article 9102, Revised Statutes.

28-11          (b)  Any person who may feel himself aggrieved by reason of

28-12    the revocation of his license [certificate of registration] by the

28-13    Board, as hereinabove authorized, shall have the right to file suit

28-14    in the district court of the county of his residence, or of the

28-15    county in which the alleged offense relied upon as grounds for

28-16    revocation took place, to annul or vacate the order of the Board

28-17    revoking the license [certificate of registration].

28-18          (c)  If the Board proposes to suspend or revoke a person's

28-19    license [certificate of registration], the person is entitled to a

28-20    hearing before the Board.  Proceedings for the suspension or

28-21    revocation of a license [certificate of registration] are governed

28-22    by Chapter 2001, Government Code [the Administrative Procedure and

28-23    Texas Register Act, as amended (Article 6252-13a, Vernon's Texas

28-24    Civil Statutes)].

28-25          (d)  The Board, for reasons it may deem sufficient, may

 29-1    re-issue a license [certificate of registration] to any person

 29-2    whose license [certificate] has been revoked, provided six (6) or

 29-3    more members of the Board vote in favor of such re-issuance.  A new

 29-4    license [certificate of registration], to replace any license

 29-5    [certificate] revoked, lost, destroyed, or mutilated, may be

 29-6    issued, subject to the rules of the Board.

 29-7          (e)  The Board may adopt rules permitting the Board to review

 29-8    the status of a license holder who the Board believes may have been

 29-9    issued a license through fraud or error or who may constitute a

29-10    threat to the public health, safety, or welfare.  The Board may

29-11    suspend or revoke a license held by a person whose status is

29-12    reviewed under this subsection.

29-13          SECTION 25.  Section 22A, The Texas Engineering Practice Act

29-14    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

29-15    as follows:

29-16          Sec. 22A.  INFORMATION ABOUT COMPLAINTS.  (a)  The Board

29-17    shall keep an information file about each complaint filed with the

29-18    Board relating to a license holder [registrant].

29-19          (b)  If a written complaint is filed with the Board relating

29-20    to a license holder [registrant], the Board, at least as frequently

29-21    as quarterly, shall notify the parties to the complaint of the

29-22    status of the complaint until final disposition unless the

29-23    notification would jeopardize an undercover investigation.

29-24          (c)  The Board shall adopt rules that permit the Board to

29-25    receive and investigate confidential complaints against license

 30-1    holders or any other person who may have violated this Act.  The

 30-2    Board shall maintain the confidentiality of the complaint during

 30-3    the investigation of the complaint.

 30-4          SECTION 26.  The Texas Engineering Practice Act (Article

 30-5    3271a, Vernon's Texas Civil Statutes) is amended by adding Section

 30-6    22C to read as follows:

 30-7          Sec. 22C.  ADMINISTRATIVE PENALTY.  (a)  The Board may impose

 30-8    an administrative penalty against a person licensed under this Act

 30-9    or any other person or entity that violates this Act or a rule or

30-10    order adopted under this Act.  The Board may include in the amount

30-11    of the administrative penalty the actual costs of investigating and

30-12    prosecuting the violation.

30-13          (b)  The penalty for a violation may be in an amount not to

30-14    exceed $3,000.  Each day a violation continues or occurs is a

30-15    separate violation for purposes of imposing a penalty.

30-16          (c)  The amount of the penalty shall be based on:

30-17                (1)  the seriousness of the violation, including the

30-18    nature, circumstances, extent, and gravity of any prohibited acts,

30-19    and the hazard or potential hazard created to the health, safety,

30-20    or economic welfare of the public;

30-21                (2)  the economic harm to property or the environment

30-22    caused by the violation;

30-23                (3)  the history of previous violations;

30-24                (4)  the amount necessary to deter future violations;

30-25                (5)  efforts or resistance to efforts to correct the

 31-1    violation; and

 31-2                (6)  any other matter that justice may require.

 31-3          (d)  The Board shall adopt rules of procedure for the

 31-4    assessment of an administrative penalty by the Board.  Rules

 31-5    adopted under this section must conform to the requirements of

 31-6    Chapter 2001, Government Code.

 31-7          (e)  Within 30 days after the date the Board's order becomes

 31-8    final as provided by Section 2001.144, Government Code, the person

 31-9    shall:

31-10                (1)  pay the amount of the penalty;

31-11                (2)  pay the amount of the penalty and file a petition

31-12    for judicial review contesting the occurrence of the violation, the

31-13    amount of the penalty, or both the occurrence of the violation and

31-14    the amount of the penalty; or

31-15                (3)  without paying the amount of the penalty, file a

31-16    petition for judicial review contesting the occurrence of the

31-17    violation, the amount of the penalty, or both the occurrence of the

31-18    violation and the amount of the penalty.

31-19          (f)  Within the 30-day period, a person who acts under

31-20    Subsection (e)(3) of this section may:

31-21                (1)  stay enforcement of the penalty by:

31-22                      (A)  paying the amount of the penalty to the

31-23    court for placement in an escrow account; or

31-24                      (B)  giving to the court a supersedeas bond that

31-25    is approved by the court for the amount of the penalty and that is

 32-1    effective until all judicial review of the Board's order is final;

 32-2    or

 32-3                (2)  request the court to stay enforcement of the

 32-4    penalty by:

 32-5                      (A)  filing with the court a sworn affidavit of

 32-6    the person stating that the person is financially unable to pay the

 32-7    amount of the penalty and is financially unable to give the

 32-8    supersedeas bond; and

 32-9                      (B)  giving a copy of the affidavit to the

32-10    executive director by certified mail.

32-11          (g)  On receipt by the director of a copy of an affidavit

32-12    under Subsection (f)(2) of this section, the director may file with

32-13    the court, within five days after the date the copy is received, a

32-14    contest to the affidavit.  The court shall hold a hearing on the

32-15    facts alleged in the affidavit as soon as practicable and shall

32-16    stay the enforcement of the penalty on finding that the alleged

32-17    facts are true.  The person who files an affidavit has the burden

32-18    of proving that the person is financially unable to pay the amount

32-19    of the penalty and to give a supersedeas bond.

32-20          (h)  If the person does not pay the amount of the penalty and

32-21    the enforcement of the penalty is not stayed, the director may

32-22    refer the matter to the attorney general for collection of the

32-23    amount of the penalty.

32-24          (i)  Judicial review of the order of the Board:

32-25                (1)  is instituted by filing a petition as provided by

 33-1    Subchapter G, Chapter 2001, Government Code; and

 33-2                (2)  is under the substantial evidence rule.

 33-3          (j)  If the court sustains the occurrence of the violation,

 33-4    the court may uphold or reduce the amount of the penalty and order

 33-5    the person to pay the full or reduced amount of the penalty.  If

 33-6    the court does not sustain the occurrence of the violation, the

 33-7    court shall order that no penalty is owed.

 33-8          (k)  When the judgment of the court becomes final, the court

 33-9    shall proceed under this subsection.  If the person paid the amount

33-10    of the penalty and if that amount is reduced or is not upheld by

33-11    the court, the court shall order that the appropriate amount plus

33-12    accrued interest be remitted to the person.  The rate of the

33-13    interest is the rate charged on loans to depository institutions by

33-14    the New York Federal Reserve Bank, and the interest shall be paid

33-15    for the period beginning on the date the penalty was paid and

33-16    ending on the date the penalty is remitted.  If the person gave a

33-17    supersedeas bond and if the amount of the penalty is not upheld by

33-18    the court, the court shall order the release of the bond.  If the

33-19    person gave a supersedeas bond and if the amount of the penalty is

33-20    reduced, the court shall order the release of the bond after the

33-21    person pays the amount.

33-22          (l)  A penalty collected under this section shall be remitted

33-23    to the comptroller for deposit in the general revenue fund, except

33-24    that the portion of the penalty that represents the costs of the

33-25    Board in investigating and prosecuting the violation shall be

 34-1    remitted to the Board as reimbursement for performance of the

 34-2    Board's regulatory functions.

 34-3          (m)  All proceedings under this section are subject to

 34-4    Chapter 2001, Government Code.

 34-5          SECTION 27.  Subsection (a), Section 23, The Texas

 34-6    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

 34-7    Statutes), is amended to read as follows:

 34-8          (a)  Any person who shall practice, or offer to practice, the

 34-9    profession of engineering in this State without being licensed

34-10    [registered] or exempted from licensure [registration] in

34-11    accordance with the provisions of this Act, or any person

34-12    presenting or attempting to use as his own the license [certificate

34-13    of registration] or the seal of another, or any person who shall

34-14    give any false or forged evidence of any kind to the Board or to

34-15    any member thereof in obtaining a license [certificate of

34-16    registration], or any person who shall violate any of the

34-17    provisions of this Act, commits an offense.  An offense under this

34-18    subsection is a Class A misdemeanor.

34-19          SECTION 28.  Section 26, The Texas Engineering Practice Act

34-20    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

34-21    as follows:

34-22          Sec. 26.  CONFIDENTIALITY OF CERTAIN INFORMATION.  A

34-23    statement made by a person providing a reference for an applicant

34-24    and other pertinent information compiled by or submitted to the

34-25    Board relating to an applicant for licensure [registration] under

 35-1    this Act is privileged and confidential and may be used only by the

 35-2    Board or employees or agents of the Board who are directly involved

 35-3    in the application or licensure [registration] process.  The

 35-4    information is not subject to discovery, subpoena, or other

 35-5    disclosure.

 35-6          SECTION 29.  The change in law made by this Act applies only

 35-7    to a violation of The Texas Engineering Practice Act (Article

 35-8    3271a, Vernon's Texas Civil Statutes) or a rule adopted under that

 35-9    Act that is reported on or after the effective date of this Act.  A

35-10    violation that is reported before that date is governed by the law

35-11    in effect on the date the violation was reported, and the former

35-12    law is continued in effect for that purpose.

35-13          SECTION 30.  The change in law made by this Act relating to

35-14    the change in the type of credential issued to practice as an

35-15    engineer does not affect the validity of a certificate of

35-16    registration issued before the effective date of this Act.

35-17          SECTION 31.  The importance of this legislation and the

35-18    crowded condition of the calendars in both houses create an

35-19    emergency and an imperative public necessity that the

35-20    constitutional rule requiring bills to be read on three several

35-21    days in each house be suspended, and this rule is hereby suspended,

35-22    and that this Act take effect and be in force from and after its

35-23    passage, and it is so enacted.