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.