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

1-24     commercial identification, title, name, representation, claim or

 2-1     asset, and all the provisions of this Act shall be liberally

 2-2     construed and applied to carry out such legislative intent.  In

 2-3     furtherance of such intent and purpose of the Legislature, the

 2-4     practice of engineering is hereby declared a learned profession to

 2-5     be practiced and regulated as such, and its practitioners in this

 2-6     state shall be held accountable to the state and members of the

 2-7     public by high professional standards in keeping with the ethics

 2-8     and practices of the other learned professions in this state.

 2-9     There is specifically reserved to graduates of all public

2-10     universities recognized by the American Association of Colleges and

2-11     Universities the right to disclose any college degrees received by

2-12     such individual and use the word Graduate Engineer on his

2-13     stationery, business cards, and personal communications of any

2-14     character.

2-15           SECTION 2.  Section 1.2, The Texas Engineering Practice Act

2-16     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

2-17     as follows:

2-18           Sec. 1.2.  From and after the effective date of this Act,

2-19     unless duly licensed [and registered] in accordance with the

2-20     provisions of this Act, no person in this state shall:

2-21                 (1)  Practice, continue to practice, offer or attempt

2-22     to practice engineering or any branch or part thereof.

2-23                 (2)  Directly or indirectly, employ, use, cause to be

2-24     used or make use of any of the following terms or any combinations,

2-25     variations or abbreviations thereof as a professional, business or

2-26     commercial identification, title, name, representation, claim,

2-27     asset or means of advantage or benefit:  "engineer," "professional

 3-1     engineer," "licensed engineer," "registered engineer," "registered

 3-2     professional engineer," "licensed professional engineer,"

 3-3     "engineered."

 3-4                 (3)  Directly or indirectly, employ, use, cause to be

 3-5     used or make use of any letter, abbreviation, word, symbol, slogan,

 3-6     sign or any combinations or variations thereof, which in any manner

 3-7     whatsoever tends or is likely to create any impression with the

 3-8     public or any member thereof that any person is qualified or

 3-9     authorized to practice engineering unless such person is duly

3-10     licensed[, registered] under and practicing in accordance with the

3-11     provisions of this Act.

3-12                 (4)  Receive any fee or compensation or the promise of

3-13     any fee or compensation for performing, offering or attempting to

3-14     perform any service, work, act or thing which is any part of the

3-15     practice of engineering as defined by this Act.

3-16           Within the intent and meaning and for all purposes of this

3-17     Act, any person, firm, partnership, association or corporation

3-18     which shall do, offer or attempt to do any one or more of the acts

3-19     or things set forth in numbered paragraphs (1), (2), (3) or (4) of

3-20     this Section 1.2 shall be conclusively presumed and regarded as

3-21     engaged in the practice of engineering.

3-22           SECTION 3.  Section 1.3, The Texas Engineering Practice Act

3-23     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

3-24     as follows:

3-25           Sec. 1.3.  Every person licensed [and registered] by the

3-26     Board to engage in the practice of engineering shall in the

3-27     professional use of his name on any sign, directory, listing,

 4-1     contract, document, pamphlet, stationery, letterhead,

 4-2     advertisement, signature, or any other such means of professional

 4-3     identification, written or printed, use one of the following

 4-4     legally required identifications:  Engineer, Professional Engineer

 4-5     or P. E.

 4-6           SECTION 4.  Subdivisions (1), (3), and (4), Section 2, The

 4-7     Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil

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

 4-9                 (1)  "Board" shall mean the Texas [State] Board of

4-10     [Registration for] Professional Engineers, provided for by this

4-11     Act.

4-12                 (3)  "Engineer," "professional engineer," "registered

4-13     engineer," "registered professional engineer," [or] "licensed

4-14     professional engineer," or "licensed engineer" shall mean a person

4-15     who has been duly licensed [and registered] by the Board to engage

4-16     in the practice of engineering in this state.

4-17                 (4)  "Practice of engineering," or "practice of

4-18     professional engineering" shall mean any service or creative work,

4-19     either public or private, the adequate performance of which

4-20     requires engineering education, training and experience in the

4-21     application of special knowledge or judgment of the mathematical,

4-22     physical, or engineering sciences to such services or creative

4-23     work.

4-24           To the extent the following services or types of creative

4-25     work meet this definition, the term includes consultation,

4-26     investigation, evaluation, analysis, planning, engineering for

4-27     program management, providing an expert engineering opinion or

 5-1     testimony, engineering for testing or evaluating materials for

 5-2     construction and other engineering uses, and mapping; design,

 5-3     conceptual design, or conceptual design coordination of engineering

 5-4     works and systems; development or optimization of plans and

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

 5-6     or alteration of land and water or the design or analysis of works

 5-7     or systems for the use or alteration of land and water; teaching

 5-8     advanced engineering subjects; performing engineering surveys and

 5-9     studies; engineering for construction, alteration, or repair of

5-10     real property; engineering for preparation of operating and

5-11     maintenance manuals; and engineering for review of the construction

5-12     or installation of engineered works to monitor compliance with

5-13     drawings and specifications.

5-14           The activities included in the practice of engineering

5-15     include services, designs, analyses, or other work performed for a

5-16     public or private entity in connection with utilities, structures,

5-17     buildings, machines, equipment, processes, systems, works,

5-18     projects, and industrial or consumer products or equipment of a

5-19     mechanical, electrical, electronic, chemical, hydraulic, pneumatic,

5-20     geotechnical, or thermal nature and include other professional

5-21     services necessary for the planning, progress, and completion of

5-22     any engineering service.

5-23           In this subdivision:

5-24                       (A)  "Design coordination" includes the review

5-25     and coordination of technical submissions prepared by others,

5-26     including the work of other professionals working with or under the

5-27     direction of an engineer with due professional regard for the

 6-1     abilities of all professional parties involved in a

 6-2     multidisciplinary effort.

 6-3                       (B)  "Engineering surveys" includes all survey

 6-4     activities required to support the sound conception, planning,

 6-5     design, construction, maintenance, and operation of an engineered

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

 6-7     other activities regulated under the Professional Land Surveying

 6-8     Practices Act (Article 5282c, Vernon's Texas Civil Statutes).

 6-9           SECTION 5.  Section 3, The Texas Engineering Practice Act

6-10     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

6-11     as follows:

6-12           Sec. 3.  TEXAS [STATE] BOARD OF [REGISTRATION FOR]

6-13     PROFESSIONAL ENGINEERS--APPOINTMENT OF MEMBERS--TERMS.  The Texas

6-14     [A State] Board of [Registration for] Professional Engineers is

6-15     hereby created whose duty it shall be to administer the provisions

6-16     of this Act.  The Board shall consist of six (6) professional

6-17     engineers and three (3) representatives of the general public, who

6-18     shall be appointed by the Governor of the State, without regard to

6-19     the race, creed, sex, religion, or national origin of the

6-20     appointees and with the advice and consent of the Senate.  At the

6-21     expiration of the term of each member first appointed, his

6-22     successor shall be appointed by the Governor of the State and he

6-23     shall serve for a term of six (6) years or until his successor

6-24     shall be appointed and qualified.  Before entering upon the duties

6-25     of his office each member of the Board shall take the

6-26     Constitutional Oath of office and the same shall be filed with the

6-27     Secretary of State.

 7-1           SECTION 6.  Section 3a, The Texas Engineering Practice Act

 7-2     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 7-3     as follows:

 7-4           Sec. 3a.  SUNSET PROVISION.  The Texas [State] Board of

 7-5     [Registration for] Professional Engineers is subject to Chapter

 7-6     325, Government Code (Texas Sunset Act).  Unless continued in

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

 7-8     this Act expires September 1, 2003.

 7-9           SECTION 7.  Subsection (d), Section 4, The Texas Engineering

7-10     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is

7-11     amended to read as follows:

7-12           (d)  The Board by majority vote may limit the participation

7-13     of general public members in the evaluations of applications for

7-14     licensure [registration] except in those instances in which the

7-15     evaluations take place at an official meeting of the Board.

7-16           SECTION 8.  Subsections (a) and (b), Section 8, The Texas

7-17     Engineering Practice Act (Article 3271a, Vernon's Texas Civil

7-18     Statutes), are amended to read as follows:

7-19           (a)  In addition to any other powers and duties, the Board

7-20     shall have the authority and power to make and enforce all rules

7-21     and regulations and bylaws consistent with this Act as necessary

7-22     for the performance of its duties, the governance of its own

7-23     proceedings, and the regulation of the practice of engineering in

7-24     this state and may establish standards of conduct and ethics for

7-25     engineers in keeping with the purposes and intent of this Act and

7-26     to insure strict compliance with and enforcement of this Act.  The

7-27     violation by any engineer of any provision of this Act or any rule

 8-1     or regulation of the Board shall be a sufficient cause to suspend

 8-2     or revoke the license [certificate of registration] of or to issue

 8-3     a formal or informal reprimand to such engineer.  In addition to

 8-4     any other action, proceeding or remedy authorized by law, the Board

 8-5     shall have the right to institute an action in its own name in a

 8-6     district court of Travis County against any individual person,

 8-7     firm, partnership, or other entity to enjoin any violation of any

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

 8-9     order for the Board to sustain such action it shall not be

8-10     necessary to allege or prove, either that an adequate remedy at law

8-11     does not exist, or that substantial or irreparable damage would

8-12     result from the continued violation thereof.  Either party to such

8-13     action may appeal to the appellate court having jurisdiction of

8-14     said cause.  The Board shall not be required to give any appeal

8-15     bond in any cause arising under this Act.  The Attorney General

8-16     shall represent the Board in all actions and proceedings to enforce

8-17     the provisions of this Act.

8-18           (b)  The Board may promulgate rules restricting competitive

8-19     bidding.  The Board may not promulgate rules restricting

8-20     advertising by a license holder [registrants] except to prohibit

8-21     false, misleading, or deceptive practices by the license holder

8-22     [registrants].  The Board may not include in its rules to prohibit

8-23     false, misleading, or deceptive practices by a person regulated by

8-24     the Board a rule that:

8-25                 (1)  restricts the person's use of any medium for

8-26     advertising;

8-27                 (2)  restricts the person's personal appearance or use

 9-1     of his personal voice in an advertisement;

 9-2                 (3)  relates to the size or duration of an

 9-3     advertisement by the person; or

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

 9-5     name.

 9-6           SECTION 9.  Subsection (a), Section 10, The Texas Engineering

 9-7     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is

 9-8     amended to read as follows:

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

9-10     register of all applications for licensure [registration], which

9-11     register shall show (a) the name, age and residence of each

9-12     applicant; (b) the date of the application; (c) the place of

9-13     business of such applicant; (d) his educational and other

9-14     qualifications; (e) whether or not an examination was required;

9-15     (f) whether the applicant was rejected; (g) whether a license

9-16     [certificate of registration] was granted; (h) the date of the

9-17     action of the Board; and (i) such other information as may be

9-18     deemed necessary by the Board.

9-19           The records of the Board shall be available to the public at

9-20     all times and shall be prima facie evidence of the proceedings of

9-21     the Board set forth therein, and a transcript thereof, duly

9-22     certified by the Secretary of the Board under seal, shall be

9-23     admissible in evidence with the same force and effect as if the

9-24     original was produced.

9-25           SECTION 10.  Section 11, The Texas Engineering Practice Act

9-26     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

9-27     as follows:

 10-1          Sec. 11.  ROSTER OF LICENSED [REGISTERED] ENGINEERS.  A

 10-2    roster showing the names and places of business of all licensed

 10-3    [registered] professional engineers shall be prepared and published

 10-4    by the Board each biennium at a time determined by the Board.

 10-5    Copies of this roster shall be furnished without charge to any

 10-6    engineer licensed [registered] by the Board on the written request

 10-7    of the engineer, placed on file with the Secretary of State, and

 10-8    furnished to any person upon written request who tenders a

 10-9    reproduction fee set by the Board.

10-10          SECTION 11.  Section 12, The Texas Engineering Practice Act

10-11    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

10-12    as follows:

10-13          Sec. 12.  GENERAL REQUIREMENTS FOR LICENSURE [REGISTRATION].

10-14    (a)  The following shall be considered as minimum evidence

10-15    satisfactory to the Board that the applicant is qualified for

10-16    licensure [registration] as a professional engineer:

10-17                (1)  graduation from an approved curriculum in

10-18    engineering that is approved by the Board as of satisfactory

10-19    standing, passage of the examination requirements prescribed by the

10-20    Board, and a specific record of an additional four (4) years or

10-21    more of active practice in engineering work, of a character

10-22    satisfactory to the Board, indicating that the applicant is

10-23    competent to be placed in responsible charge of such work; or

10-24                (2)  graduation from an engineering or related science

10-25    curriculum at a recognized institution of higher education, other

10-26    than a curriculum approved by the Board under Subdivision (1) of

10-27    this subsection, passage of the examination requirements prescribed

 11-1    by the Board, and a specific record of at least eight (8) years of

 11-2    active practice in engineering work of a character satisfactory to

 11-3    the Board and indicating that the applicant is competent to be

 11-4    placed in responsible charge of such work.

 11-5          (b)  Provided, that no person shall be eligible for licensure

 11-6    [registration] as a professional engineer who is not of good

 11-7    character and reputation; and provided further, that any engineer

 11-8    licensed [registered] under this Act shall be eligible to hold any

 11-9    appointive engineering position with the State of Texas.

11-10          (c)  In considering the qualifications of applicants,

11-11    responsible charge of engineering teaching may be construed as

11-12    responsible charge of engineering work.  The mere execution, as a

11-13    contractor, of work designed by a professional engineer, or the

11-14    supervision of the construction of such work as foreman or

11-15    superintendent shall not be deemed to be active practice in

11-16    engineering work.

11-17          (d)  Any person having the necessary qualifications

11-18    prescribed in this Act to entitle him to licensure [registration]

11-19    shall be eligible for such licensure [registration] though he may

11-20    not be practicing at the time of making his application.

11-21          (e)  The Board may adopt rules providing for the waiver of

11-22    all or part of the examination requirement under this Act to permit

11-23    the issuance or reissuance of a license to an applicant.  Before

11-24    the Board may waive the requirement, the Board must find that the

11-25    applicant possesses sufficient qualifications to justify the waiver

11-26    of all or part of the examination requirement and that issuance or

11-27    reissuance of the license to the applicant does not pose a threat

 12-1    to the public health, safety, or welfare.

 12-2          SECTION 12.  Section 13, The Texas Engineering Practice Act

 12-3    (Article 3271a, Vernon's Texas Civil Statutes), as amended by

 12-4    Chapters 947 and 1090, Acts of the 71st Legislature, Regular

 12-5    Session, 1989, is amended by amending Subsections (a), (b), and (d)

 12-6    and adding Subsection (e) to read as follows:

 12-7          (a)  Applications for licensure [registration] shall be on

 12-8    forms prescribed and furnished by the Board, be sworn, and contain:

 12-9                (1)  statements showing personal information about the

12-10    applicant, as required by Board rule, and describing the

12-11    applicant's education;

12-12                (2)  a detailed summary of the applicant's actual

12-13    engineering work;

12-14                (3)  a statement describing any earlier professional

12-15    engineering registrations or licenses by or denials, revocations,

12-16    or suspensions of professional engineering registrations or

12-17    licenses of the applicant;

12-18                (4)  a statement describing any criminal offenses of

12-19    which the applicant has been convicted; and

12-20                (5)  not less than five (5) references from individuals

12-21    with personal knowledge of the applicant's character, reputation,

12-22    and general suitability for licensure [registration], of whom three

12-23    (3) or more shall be licensed [registered] engineers having

12-24    personal knowledge of the applicant's engineering experience.

12-25          (b)  The Board shall establish reasonable and necessary fees

12-26    for the administration of this Act in amounts not to exceed:

12-27          1.  License [Registration] fee                            $50

 13-1          2.  Annual renewal fee                                     75

 13-2          3.  Reciprocal license [registration] fee                  50

 13-3          4.  Duplicate license [certificate of registration]         5

 13-4          5.  Engineer-in-training certificate                       15

 13-5          6.  Roster of engineers                                    10

 13-6          7.  Examination fee                                 120 [100]

 13-7          (d)  The Board by rule may adopt reduced licensure

 13-8    [registration] and annual renewal fees for licensed [registered]

 13-9    engineers who are at least 65 years of age.

13-10          (e)  The Board by rule may adopt reduced licensure and annual

13-11    renewal fees for licensed engineers who are disabled and who are

13-12    not currently engaged in the active practice of engineering.  For

13-13    purposes of this subsection, an individual is "disabled" if the

13-14    individual has a mental or physical impairment that substantially

13-15    limits the ability of the individual to earn a living as a licensed

13-16    engineer, other than an impairment caused by a current condition of

13-17    addiction to the use of alcohol or an illegal drug or controlled

13-18    substance.  A licensed engineer entitled to reduced fees under this

13-19    subsection because the engineer is not engaged in the active

13-20    practice of engineering shall notify the Board of the resumption of

13-21    active practice not later than the 15th day after the date the

13-22    engineer resumes active practice.

13-23          SECTION 13.  Subsections (a) and (c), Section 13B, The Texas

13-24    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

13-25    Statutes), are amended to read as follows:

13-26          (a)  Each of the following fees imposed by or under another

13-27    section of this Act is increased by $200:

 14-1                (1)  license [registration] fee;

 14-2                (2)  annual renewal fee; and

 14-3                (3)  reciprocal license [registration] fee.

 14-4          (c)  Subsection (a) does not apply to a licensed [registered]

 14-5    professional engineer who:

 14-6                (1)  meets the qualifications for an exemption from

 14-7    licensure [registration] under Section 20(e) [20(g)] or (f) [(h)]

 14-8    of this Act but who does not claim that exemption; or

 14-9                (2)  is disabled for purposes of Section 13(e) of this

14-10    Act.

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

14-12    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

14-13    Statutes), is amended to read as follows:

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

14-15    examinations shall be administered to qualified applicants at such

14-16    time and place as the Board shall determine.  The scope of the

14-17    examinations and the methods of procedure shall be prescribed by

14-18    the Board with special reference to the applicant's ability to

14-19    design and supervise engineering works, which shall insure the

14-20    safety of life, health, and property.  Examinations shall be given

14-21    for the purpose of determining the qualifications of applicants for

14-22    licensure [registration] in professional engineering.  The Board

14-23    may permit reexamination of an applicant on payment of an

14-24    appropriate reexamination fee in an amount set by the Board.

14-25          SECTION 15.  Section 15, The Texas Engineering Practice Act

14-26    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

14-27    as follows:

 15-1          Sec. 15.  LICENSES [CERTIFICATES], SEALS.  (a)  The Board

 15-2    shall issue a license [certificate of registration] upon payment of

 15-3    the license [registration] fee as provided for in this Act, to any

 15-4    applicant, who, in the opinion of the Board, has satisfactorily met

 15-5    all the requirements of this Act.  The license [In case of a

 15-6    registered engineer, the certificate] shall authorize the practice

 15-7    of professional engineering.  A license [Certificates of

 15-8    registration] shall show the full name of the license holder

 15-9    [registrant], shall have a serial number, and shall be signed by

15-10    the Chairman and the Secretary of the Board under seal of the

15-11    Board.  The issuance of a license [certificate of registration] by

15-12    this Board shall be evidence that the person named therein is

15-13    entitled to all rights and privileges of a licensed [registered]

15-14    professional engineer, while the said license [certificate] remains

15-15    unrevoked or unexpired.

15-16          (b)  Each license holder [registrant] hereunder shall upon

15-17    licensure [registration] obtain a seal of the design authorized by

15-18    the Board, bearing the license holder's [registrant's] name and the

15-19    legend "Licensed Professional Engineer" or "Registered Professional

15-20    Engineer".  Plans, specifications, plats, and reports issued by a

15-21    license holder [registrant] must include the license holder's

15-22    [registrant's] seal affixed to the document.  It shall be unlawful

15-23    for any one to affix a seal on any document if the license

15-24    [certificate] of the license holder [registrant] named thereon has

15-25    expired or has been suspended or revoked, unless said license

15-26    [certificate] shall have been renewed or reissued.

15-27          (c)  This Act applies to all engineering practiced in this

 16-1    state that is not exempted under this Act.  A public official of

 16-2    this state or of a political subdivision of this state who is

 16-3    charged with the enforcement of laws, ordinances, codes, or

 16-4    regulations that affect the practice of engineering may only accept

 16-5    plans, specifications, and other related documents prepared by a

 16-6    licensed engineer [registered engineers], as evidenced by the seal

 16-7    of the engineer.  A public official shall report violations of this

 16-8    Act to the proper authorities.

 16-9          SECTION 16.  Section 16, The Texas Engineering Practice Act

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

16-11    as follows:

16-12          Sec. 16.  EXPIRATIONS AND RENEWALS.  (a)  It shall be the

16-13    duty of the Board to notify every person licensed [registered]

16-14    under this Act of the date of the expiration of his license

16-15    [certificate] and the amount of the fee that shall be required for

16-16    its renewal for one year; such notice shall be mailed at least one

16-17    month in advance of the date of the expiration of said license

16-18    [certificate] to the last address provided by the license holder

16-19    [registrant] to the Board.

16-20          (b)  A person may renew an unexpired license [certificate of

16-21    registration] by paying to the Board before the expiration date of

16-22    the license [certificate of registration] the required renewal fee.

16-23          (c)  If a person's license [certificate of registration] has

16-24    been expired for not longer than 90 days, the person may renew the

16-25    license [certificate of registration] by paying to the Board the

16-26    required renewal fee and a penalty fee as set by the Board.

16-27          (d)  If a person's license [certificate of registration] has

 17-1    been expired for longer than 90 days but less than two years, the

 17-2    person may renew the license [certificate of registration] by

 17-3    paying to the Board all unpaid renewal fees and a penalty fee as

 17-4    set by the Board.

 17-5          (e)  If a person's license [certificate of registration] has

 17-6    been expired for two years or longer, the person may not renew the

 17-7    license [certificate of registration].  The person may obtain a new

 17-8    license [certificate of registration] by complying with the

 17-9    requirements and procedures for obtaining an original license

17-10    [certificate of registration] that are in effect at the time the

17-11    person applies.

17-12          SECTION 17.  Section 16.1, The Texas Engineering Practice Act

17-13    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

17-14    as follows:

17-15          Sec. 16.1.  EXPIRATION DATES OF LICENSES [CERTIFICATES OF

17-16    REGISTRATION]. The board by rule may adopt a system under which

17-17    licenses [certificates of registration] expire on various dates

17-18    during the year, and the dates for reinstatement shall be adjusted

17-19    accordingly.

17-20          SECTION 18.  Section 17, The Texas Engineering Practice Act

17-21    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

17-22    as follows:

17-23          Sec. 17.  FIRMS, PARTNERSHIPS, CORPORATIONS AND JOINT STOCK

17-24    ASSOCIATIONS.  A firm, or a co-partnership, or a corporation, or a

17-25    joint stock association may engage in the practice of professional

17-26    engineering in this State, provided such practice is carried on by

17-27    only professional engineers licensed [registered] in this State.

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

 18-2    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 18-3    as follows:

 18-4          Sec. 18.  (a)  No firm, partnership, association, corporation

 18-5    or other business entity shall hold itself out to the public or any

 18-6    member thereof as being engaged in the practice of engineering

 18-7    under any assumed, trade, business, partnership or corporate name

 18-8    or employ, use, cause to be used or make use of in any manner

 18-9    whatsoever any such words or terms as "engineer," "engineering,"

18-10    "engineering services," "engineering company," "engineering, inc.,"

18-11    "professional engineers," "licensed engineer," "registered

18-12    engineer," "licensed professional engineer," "registered

18-13    professional engineer," "engineered," or any combinations,

18-14    abbreviations or variations thereof, or in combination with any

18-15    other words, letters, initials, signs or symbols on, in or as a

18-16    part of, directly or indirectly, any sign, directory, listing,

18-17    contract, document, pamphlet, stationery, letterhead,

18-18    advertisement, signature, trade name, assumed name, corporate or

18-19    other business name unless such firm, partnership, association,

18-20    corporation or other business entity is actually and actively

18-21    engaged in the practice of engineering or offering engineering

18-22    services to the public, and any and all services, work, acts or

18-23    things performed or done by it which constitute any part of the

18-24    practice of engineering are either personally performed or done by

18-25    a licensed [registered] engineer or under the direct [responsible]

18-26    supervision of a licensed [registered] engineer who is a regular

18-27    full-time employee of the firm, partnership, association,

 19-1    corporation, or other business entity.

 19-2          (b)  This section does not prohibit a licensed engineer from

 19-3    performing engineering services on a part-time basis.

 19-4          SECTION 20.  Subsection (a), Section 19, The Texas

 19-5    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

 19-6    Statutes), is amended to read as follows:

 19-7          (a)  It is unlawful for this State or for any of its

 19-8    political subdivisions, including any county, city, or town, to

 19-9    engage in the construction of any public work involving

19-10    professional engineering, where public health, public welfare or

19-11    public safety is involved, unless the engineering plans and

19-12    specifications and estimates have been prepared by, and the

19-13    engineering construction is to be executed under the direct

19-14    supervision of a licensed [registered] professional engineer.

19-15          SECTION 21.  Section 20, The Texas Engineering Practice Act

19-16    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

19-17    as follows:

19-18          Sec. 20.  EXEMPTIONS.  The following persons shall be exempt

19-19    from the licensure [registration] provisions of this Act, provided

19-20    that such persons are not directly or indirectly represented or

19-21    held out to the public to be legally qualified to engage in the

19-22    practice of engineering:

19-23                (a)  [A person not a resident of and having no

19-24    established place of business in this state if that person:]

19-25                      [(1)  has filed an application for registration

19-26    as a professional engineer with the Board and the application is

19-27    pending Board action;]

 20-1                      [(2)  is legally qualified to practice

 20-2    engineering in another jurisdiction whose requirements for practice

 20-3    are at least as strict as those required by this state; and]

 20-4                      [(3)  affixes the person's seal from the

 20-5    jurisdiction in which the person is legally qualified to practice

 20-6    on all work completed while the application for registration to

 20-7    practice in this state is pending.]

 20-8                [(b)  A person who has recently become a resident of

 20-9    this state if that person:]

20-10                      [(1)  has filed an application for registration

20-11    as a professional engineer with the Board and the application is

20-12    pending Board action;]

20-13                      [(2)  is legally qualified to practice

20-14    engineering in another jurisdiction whose requirements for practice

20-15    are at least as strict as those required by this state; and]

20-16                      [(3)  affixes the person's seal from the

20-17    jurisdiction in which the person is legally qualified to practice

20-18    on all work completed while the application for registration to

20-19    practice in this state is pending.]

20-20                [(c)]  An employee or a subordinate of a person holding

20-21    a license [certificate of registration] under this Act[, or any

20-22    employee of a person exempted from registration by classes (a) and

20-23    (b) of this Section]; provided, his practice does not include

20-24    responsible charge of design or supervision.

20-25                (b) [(d)]  Officers and employees of the Government of

20-26    the United States while engaged within this state in the practice

20-27    of the profession of engineering for said Government.

 21-1                (c) [(e)]  A person doing the actual work of

 21-2    installing, operating, repairing, or servicing locomotive or

 21-3    stationary engines, steam boilers, Diesel engines, internal

 21-4    combustion engines, refrigeration compressors and systems, hoisting

 21-5    engines, electrical engines, air conditioning equipment and

 21-6    systems, or mechanical and electrical, electronic or communications

 21-7    equipment and apparatus; this Act may not be construed to prevent

 21-8    any citizen from identifying himself in the name and trade of any

 21-9    engineers' labor organization with which he may be affiliated,

21-10    however, this exemption may not be construed to permit any person

21-11    other than a licensed [registered] professional engineer to affix

21-12    his signature to engineering plans, or specifications and may not

21-13    be construed to permit a person to use the term "engineer" or

21-14    "engineering" in any manner prohibited by this Act.

21-15                (d) [(f)]  A person, firm, partnership, joint stock

21-16    association or private corporation, erecting, constructing,

21-17    enlarging, altering or repairing, or drawing plans and

21-18    specifications for:  (1) any private dwelling, or apartments not

21-19    exceeding eight units per building for one story buildings, or

21-20    apartments not exceeding four units per building and having a

21-21    maximum height of two stories, or garages or other structures

21-22    pertinent to such buildings; or (2) private buildings which are to

21-23    be used exclusively for farm, ranch or agricultural purposes, or

21-24    used exclusively for storage of raw agricultural commodities; or

21-25    (3) other buildings, except public buildings included under Section

21-26    19 of this Act, having no more than one story and containing no

21-27    clear span between supporting structures greater than 24 feet on

 22-1    the narrow side and having a total floor area not in excess of five

 22-2    thousand square feet; provided that on unsupported spans greater

 22-3    than 24 feet on such buildings only the trusses, beams, or other

 22-4    roof supporting members need to be engineered or pre-engineered;

 22-5    provided that no representation is made or implied that engineering

 22-6    services have been or will be offered to the public.

 22-7                (e) [(g)]  Any regular full time employee of a private

 22-8    corporation or other private business entity who is engaged solely

 22-9    and exclusively in performing services for such corporation and/or

22-10    its affiliates; provided, such employee's services are on, or in

22-11    connection with, property owned or leased by such private

22-12    corporation and/or its affiliates or other private business entity,

22-13    or in which such private corporation and/or its affiliates or other

22-14    business entity has an interest, estate or possessory right, or

22-15    whose services affect exclusively the property, products, or

22-16    interests of such private corporation and/or its affiliates or

22-17    other private business entity; and, provided further, that such

22-18    employee does not have the final authority for the approval of, and

22-19    the ultimate responsibility for, engineering designs, plans or

22-20    specifications pertaining to such property or products which are to

22-21    be incorporated into fixed works, systems, or facilities on the

22-22    property of others or which are to be made available to the general

22-23    public.  This exemption includes the use of job titles and

22-24    personnel classifications by such persons not in connection with

22-25    any offer of engineering services to the public, providing that no

22-26    name, title, or words are used which tend to convey the impression

22-27    that an unlicensed person is offering engineering services to the

 23-1    public.

 23-2                (f) [(h)]  Any regular full time employee of a

 23-3    privately owned public utility or cooperative utility and/or

 23-4    affiliates who is engaged solely and exclusively in performing

 23-5    services for such utility and/or its affiliates; provided, that

 23-6    such employee does not have the final authority for the approval

 23-7    of, and the ultimate responsibility for engineering designs, plans

 23-8    or specifications to be incorporated into fixed works, systems, or

 23-9    facilities on the property of others or which are to be made

23-10    available to the general public.  This exemption includes the use

23-11    of job titles and personnel classifications by such persons not in

23-12    connection with any offer of engineering services to the public,

23-13    providing that no name, title, or words are used which tend to

23-14    convey the impression that an unlicensed person is offering

23-15    engineering services to the public.

23-16                (g) [(i)]  Qualified scientists engaged in scientific

23-17    research and investigation of the physical or natural sciences,

23-18    including the usual work and activities of meteorologists,

23-19    seismologists, geologists, chemists, geochemists, physicists and

23-20    geophysicists.

23-21                (h) [(j)]  Nothing in this Act shall be construed or

23-22    applied so as to prohibit or in any way restrict any person from

23-23    giving testimony or preparing exhibits or documents for the sole

23-24    purpose of being placed in evidence before any administrative or

23-25    judicial tribunal of competent jurisdiction.

23-26                (i) [(k)]  Nothing in this Act shall apply to any

23-27    agricultural work being performed in carrying out soil and water

 24-1    conservation practices.

 24-2                (j) [(l)]  This Act shall not be construed as applying

 24-3    to operating telephone companies and/or affiliates or their

 24-4    employees in respect to any plans, designs, specifications, or

 24-5    services which relate strictly to the science and art of telephony.

 24-6    This exemption includes the use of job titles and personnel

 24-7    classifications by such persons not in connection with any offer of

 24-8    engineering services to the public, providing that no name, title,

 24-9    or words are used which tend to convey the impression that an

24-10    unlicensed person is offering engineering services to the public.

24-11                (k)  This Act or a rule adopted under this Act does not

24-12    prevent, limit, or restrict a person licensed as an architect,

24-13    landscape architect, or interior designer under the laws of this

24-14    state from performing an act, service, or work that is within the

24-15    definition of the person's practice as an architect under Chapter

24-16    478, Acts of the 45th Legislature, Regular Session, 1937 (Article

24-17    249a, Vernon's Texas Civil Statutes), as a landscape architect

24-18    under Chapter 457, Acts of the 61st Legislature, Regular Session,

24-19    1969 (Article 249c, Vernon's Texas Civil Statutes), or as an

24-20    interior designer under Article 249e, Revised Statutes.

24-21                (l)  This Act does not apply to a regular full-time

24-22    employee of a private corporation or other private business entity

24-23    who is engaged in erecting, constructing, enlarging, altering,

24-24    repairing, rehabilitating, or maintaining an improvement to real

24-25    property in accordance with plans and specifications that bear the

24-26    seal of a licensed engineer.  This exemption includes the use of

24-27    job titles and personnel classifications by the employee that are

 25-1    not in connection with any offer of engineering services to the

 25-2    public.

 25-3          SECTION 22.  The Texas Engineering Practice Act (Article

 25-4    3271a, Vernon's Texas Civil Statutes) is amended by adding Section

 25-5    20A to read as follows:

 25-6          Sec. 20A.  TEMPORARY OR PROVISIONAL LICENSE.  The Board may

 25-7    adopt rules providing standards and procedures for the issuance of

 25-8    a temporary or provisional license under this Act.

 25-9          SECTION 23.  Section 21, The Texas Engineering Practice Act

25-10    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

25-11    as follows:

25-12          Sec. 21.  LICENSURE [REGISTRATION] BY NONRESIDENTS.  A person

25-13    who holds a valid certificate of registration or license issued to

25-14    him by proper authority of any state or territory or possession of

25-15    the United States, the District of Columbia, or any foreign country

25-16    may apply for licensure [registration] in this state.

25-17          SECTION 24.  Section 22, The Texas Engineering Practice Act

25-18    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

25-19    as follows:

25-20          Sec. 22.  DENIAL, REVOCATION, SUSPENSION, PROBATION,

25-21    REPRIMAND, RE-ISSUANCE AND REFUSAL OF LICENSE; STATUS REVIEW

25-22    [CERTIFICATE].  (a)  The Board shall revoke, suspend, or refuse to

25-23    renew a license [registration], shall reprimand a license holder

25-24    [registrant], may deny an application for licensure [registration],

25-25    or may probate any suspension of any license holder [registrant]

25-26    who is determined by the Board to be censurable for:

25-27                (1)  The practice of any fraud or deceit in obtaining a

 26-1    license [certificate of registration];

 26-2                (2)  Any gross negligence, incompetency, or misconduct

 26-3    in the practice of professional engineering as a licensed

 26-4    [registered] professional engineer;

 26-5                (3)  Any documented instance of retaliation by an

 26-6    applicant against an individual who has served as a reference for

 26-7    that applicant;

 26-8                (4)  A violation of this Act or a Board rule; or

 26-9                (5)  A failure to timely provide plans and

26-10    specifications to the Texas Department of Licensing and Regulation

26-11    as required by Article 9102, Revised Statutes.

26-12          (b)  Any person who may feel himself aggrieved by reason of

26-13    the revocation of his license [certificate of registration] by the

26-14    Board, as hereinabove authorized, shall have the right to file suit

26-15    in the district court of the county of his residence, or of the

26-16    county in which the alleged offense relied upon as grounds for

26-17    revocation took place, to annul or vacate the order of the Board

26-18    revoking the license [certificate of registration].

26-19          (c)  If the Board proposes to suspend or revoke a person's

26-20    license [certificate of registration], the person is entitled to a

26-21    hearing before the Board.  Proceedings for the suspension or

26-22    revocation of a license [certificate of registration] are governed

26-23    by Chapter 2001, Government Code [the Administrative Procedure and

26-24    Texas Register Act, as amended (Article 6252-13a, Vernon's Texas

26-25    Civil Statutes)].

26-26          (d)  The Board, for reasons it may deem sufficient, may

26-27    re-issue a license [certificate of registration] to any person

 27-1    whose license [certificate] has been revoked, provided six (6) or

 27-2    more members of the Board vote in favor of such re-issuance.  A new

 27-3    license [certificate of registration], to replace any license

 27-4    [certificate] revoked, lost, destroyed, or mutilated, may be

 27-5    issued, subject to the rules of the Board.

 27-6          (e)  The Board may adopt rules permitting the Board to review

 27-7    the status of a license holder who the Board believes may have been

 27-8    issued a license through fraud or error or who may constitute a

 27-9    threat to the public health, safety, or welfare.  The Board may

27-10    suspend or revoke a license held by a person whose status is

27-11    reviewed under this subsection.

27-12          SECTION 25.  Section 22A, The Texas Engineering Practice Act

27-13    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

27-14    as follows:

27-15          Sec. 22A.  INFORMATION ABOUT COMPLAINTS.  (a)  The Board

27-16    shall keep an information file about each complaint filed with the

27-17    Board relating to a license holder [registrant].

27-18          (b)  If a written complaint is filed with the Board relating

27-19    to a license holder [registrant], the Board, at least as frequently

27-20    as quarterly, shall notify the parties to the complaint of the

27-21    status of the complaint until final disposition unless the

27-22    notification would jeopardize an undercover investigation.

27-23          (c)  The Board shall adopt rules that permit the Board to

27-24    receive and investigate confidential complaints against license

27-25    holders or any other person who may have violated this Act.  The

27-26    Board shall maintain the confidentiality of the complaint during

27-27    the investigation of the complaint.

 28-1          SECTION 26.  The Texas Engineering Practice Act (Article

 28-2    3271a, Vernon's Texas Civil Statutes) is amended by adding Section

 28-3    22C to read as follows:

 28-4          Sec. 22C.  ADMINISTRATIVE PENALTY.  (a)  The Board may impose

 28-5    an administrative penalty against a person licensed under this Act

 28-6    or any other person or entity that violates this Act or a rule or

 28-7    order adopted under this Act.  The Board may include in the amount

 28-8    of the administrative penalty the actual costs of investigating and

 28-9    prosecuting the violation.

28-10          (b)  The penalty for a violation may be in an amount not to

28-11    exceed $3,000.  Each day a violation continues or occurs is a

28-12    separate violation for purposes of imposing a penalty.

28-13          (c)  The amount of the penalty shall be based on:

28-14                (1)  the seriousness of the violation, including the

28-15    nature, circumstances, extent, and gravity of any prohibited acts,

28-16    and the hazard or potential hazard created to the health, safety,

28-17    or economic welfare of the public;

28-18                (2)  the economic harm to property or the environment

28-19    caused by the violation;

28-20                (3)  the history of previous violations;

28-21                (4)  the amount necessary to deter future violations;

28-22                (5)  efforts or resistance to efforts to correct the

28-23    violation; and

28-24                (6)  any other matter that justice may require.

28-25          (d)  The Board shall adopt rules of procedure for the

28-26    assessment of an administrative penalty by the Board.  Rules

28-27    adopted under this section must conform to the requirements of

 29-1    Chapter 2001, Government Code.

 29-2          (e)  Within 30 days after the date the Board's order becomes

 29-3    final as provided by Section 2001.144, Government Code, the person

 29-4    shall:

 29-5                (1)  pay the amount of the penalty;

 29-6                (2)  pay the amount of the penalty and file a petition

 29-7    for judicial review contesting the occurrence of the violation, the

 29-8    amount of the penalty, or both the occurrence of the violation and

 29-9    the amount of the penalty; or

29-10                (3)  without paying the amount of the penalty, file a

29-11    petition for judicial review contesting the occurrence of the

29-12    violation, the amount of the penalty, or both the occurrence of the

29-13    violation and the amount of the penalty.

29-14          (f)  Within the 30-day period, a person who acts under

29-15    Subsection (e)(3) of this section may:

29-16                (1)  stay enforcement of the penalty by:

29-17                      (A)  paying the amount of the penalty to the

29-18    court for placement in an escrow account; or

29-19                      (B)  giving to the court a supersedeas bond that

29-20    is approved by the court for the amount of the penalty and that is

29-21    effective until all judicial review of the Board's order is final;

29-22    or

29-23                (2)  request the court to stay enforcement of the

29-24    penalty by:

29-25                      (A)  filing with the court a sworn affidavit of

29-26    the person stating that the person is financially unable to pay the

29-27    amount of the penalty and is financially unable to give the

 30-1    supersedeas bond; and

 30-2                      (B)  giving a copy of the affidavit to the

 30-3    executive director by certified mail.

 30-4          (g)  On receipt by the director of a copy of an affidavit

 30-5    under Subsection (f)(2) of this section, the director may file with

 30-6    the court, within five days after the date the copy is received, a

 30-7    contest to the affidavit.  The court shall hold a hearing on the

 30-8    facts alleged in the affidavit as soon as practicable and shall

 30-9    stay the enforcement of the penalty on finding that the alleged

30-10    facts are true.  The person who files an affidavit has the burden

30-11    of proving that the person is financially unable to pay the amount

30-12    of the penalty and to give a supersedeas bond.

30-13          (h)  If the person does not pay the amount of the penalty and

30-14    the enforcement of the penalty is not stayed, the director may

30-15    refer the matter to the attorney general for collection of the

30-16    amount of the penalty.

30-17          (i)  Judicial review of the order of the Board:

30-18                (1)  is instituted by filing a petition as provided by

30-19    Subchapter G, Chapter 2001, Government Code; and

30-20                (2)  is under the substantial evidence rule.

30-21          (j)  If the court sustains the occurrence of the violation,

30-22    the court may uphold or reduce the amount of the penalty and order

30-23    the person to pay the full or reduced amount of the penalty.  If

30-24    the court does not sustain the occurrence of the violation, the

30-25    court shall order that no penalty is owed.

30-26          (k)  When the judgment of the court becomes final, the court

30-27    shall proceed under this subsection.  If the person paid the amount

 31-1    of the penalty and if that amount is reduced or is not upheld by

 31-2    the court, the court shall order that the appropriate amount plus

 31-3    accrued interest be remitted to the person.  The rate of the

 31-4    interest is the rate charged on loans to depository institutions by

 31-5    the New York Federal Reserve Bank, and the interest shall be paid

 31-6    for the period beginning on the date the penalty was paid and

 31-7    ending on the date the penalty is remitted.  If the person gave a

 31-8    supersedeas bond and if the amount of the penalty is not upheld by

 31-9    the court, the court shall order the release of the bond.  If the

31-10    person gave a supersedeas bond and if the amount of the penalty is

31-11    reduced, the court shall order the release of the bond after the

31-12    person pays the amount.

31-13          (l)  A penalty collected under this section shall be remitted

31-14    to the comptroller for deposit in the general revenue fund, except

31-15    that the portion of the penalty that represents the costs of the

31-16    Board in investigating and prosecuting the violation shall be

31-17    remitted to the Board as reimbursement for performance of the

31-18    Board's regulatory functions.

31-19          (m)  All proceedings under this section are subject to

31-20    Chapter 2001, Government Code.

31-21          SECTION 27.  Subsection (a), Section 23, The Texas

31-22    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

31-23    Statutes), is amended to read as follows:

31-24          (a)  Any person who shall practice, or offer to practice, the

31-25    profession of engineering in this State without being licensed

31-26    [registered] or exempted from licensure [registration] in

31-27    accordance with the provisions of this Act, or any person

 32-1    presenting or attempting to use as his own the license [certificate

 32-2    of registration] or the seal of another, or any person who shall

 32-3    give any false or forged evidence of any kind to the Board or to

 32-4    any member thereof in obtaining a license [certificate of

 32-5    registration], or any person who shall violate any of the

 32-6    provisions of this Act, commits an offense.  An offense under this

 32-7    subsection is a Class A misdemeanor.

 32-8          SECTION 28.  Section 26, The Texas Engineering Practice Act

 32-9    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

32-10    as follows:

32-11          Sec. 26.  CONFIDENTIALITY OF CERTAIN INFORMATION.  A

32-12    statement made by a person providing a reference for an applicant

32-13    and other pertinent information compiled by or submitted to the

32-14    Board relating to an applicant for licensure [registration] under

32-15    this Act is privileged and confidential and may be used only by the

32-16    Board or employees or agents of the Board who are directly involved

32-17    in the application or licensure [registration] process.  The

32-18    information is not subject to discovery, subpoena, or other

32-19    disclosure.

32-20          SECTION 29.  The change in law made by this Act applies only

32-21    to a violation of The Texas Engineering Practice Act (Article

32-22    3271a, Vernon's Texas Civil Statutes) or a rule adopted under that

32-23    Act that is reported on or after the effective date of this Act.  A

32-24    violation that is reported before that date is governed by the law

32-25    in effect on the date the violation was reported, and the former

32-26    law is continued in effect for that purpose.

32-27          SECTION 30.  The change in law made by this Act relating to

 33-1    the change in the type of credential issued to practice as an

 33-2    engineer does not affect the validity of a certificate of

 33-3    registration issued before the effective date of this Act.

 33-4          SECTION 31.  The importance of this legislation and the

 33-5    crowded condition of the calendars in both houses create an

 33-6    emergency and an imperative public necessity that the

 33-7    constitutional rule requiring bills to be read on three several

 33-8    days in each house be suspended, and this rule is hereby suspended,

 33-9    and that this Act take effect and be in force from and after its

33-10    passage, and it is so enacted.