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.