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.