1-1     By:  Ratliff, Duncan                                   S.B. No. 623

 1-2           (In the Senate - Filed February 17, 1997; February 20, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     March 26, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; March 26, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 623                   By:  Carona

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the regulation of the practice of engineering;

1-11     providing penalties.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 1.1, The Texas Engineering Practice Act

1-14     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

1-15     as follows:

1-16           Sec. 1.1.  In recognition of the vital impact which the rapid

1-17     advance of knowledge of the mathematical, physical and engineering

1-18     sciences as applied in the practice of engineering is having upon

1-19     the lives, property, economy and security of our people and the

1-20     national defense, it is the intent of the Legislature, in order to

1-21     protect the public health, safety and welfare, that the privilege

1-22     of practicing engineering be entrusted only to those persons duly

1-23     licensed[, registered] and practicing under the provisions of this

1-24     Act and that there be strict compliance with and enforcement of all

1-25     the provisions of this Act, and, in order that the state and

1-26     members of the public may be able to identify those duly authorized

1-27     to practice engineering in this state and fix responsibility for

1-28     work done or services or acts performed in the practice of

1-29     engineering, only licensed [and registered] persons shall practice,

1-30     offer or attempt to practice engineering or call themselves or be

1-31     otherwise designated as any kind of an "engineer" or in any manner

1-32     make use of the term "engineer" as a professional, business or

1-33     commercial identification, title, name, representation, claim or

1-34     asset, and all the provisions of this Act shall be liberally

1-35     construed and applied to carry out such legislative intent.  In

1-36     furtherance of such intent and purpose of the Legislature, the

1-37     practice of engineering is hereby declared a learned profession to

1-38     be practiced and regulated as such, and its practitioners in this

1-39     state shall be held accountable to the state and members of the

1-40     public by high professional standards in keeping with the ethics

1-41     and practices of the other learned professions in this state.

1-42     There is specifically reserved to graduates of all public

1-43     universities recognized by the American Association of Colleges and

1-44     Universities the right to disclose any college degrees received by

1-45     such individual and use the word Graduate Engineer on his

1-46     stationery, business cards, and personal communications of any

1-47     character.

1-48           SECTION 2.  Section 1.2, The Texas Engineering Practice Act

1-49     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

1-50     as follows:

1-51           Sec. 1.2.  From and after the effective date of this Act,

1-52     unless duly licensed [and registered] in accordance with the

1-53     provisions of this Act, no person in this state shall:

1-54                 (1)  Practice, continue to practice, offer or attempt

1-55     to practice engineering or any branch or part thereof.

1-56                 (2)  Directly or indirectly, employ, use, cause to be

1-57     used or make use of any of the following terms or any combinations,

1-58     variations or abbreviations thereof as a professional, business or

1-59     commercial identification, title, name, representation, claim,

1-60     asset or means of advantage or benefit:  "engineer," "professional

1-61     engineer," "licensed engineer," "registered engineer," "registered

1-62     professional engineer," "licensed professional engineer,"

1-63     "engineered."

1-64                 (3)  Directly or indirectly, employ, use, cause to be

 2-1     used or make use of any letter, abbreviation, word, symbol, slogan,

 2-2     sign or any combinations or variations thereof, which in any manner

 2-3     whatsoever tends or is likely to create any impression with the

 2-4     public or any member thereof that any person is qualified or

 2-5     authorized to practice engineering unless such person is duly

 2-6     licensed[, registered] under and practicing in accordance with the

 2-7     provisions of this Act.

 2-8                 (4)  Receive any fee or compensation or the promise of

 2-9     any fee or compensation for performing, offering or attempting to

2-10     perform any service, work, act or thing which is any part of the

2-11     practice of engineering as defined by this Act.

2-12           Within the intent and meaning and for all purposes of this

2-13     Act, any person, firm, partnership, association or corporation

2-14     which shall do, offer or attempt to do any one or more of the acts

2-15     or things set forth in numbered paragraphs (1), (2), (3) or (4) of

2-16     this Section 1.2 shall be conclusively presumed and regarded as

2-17     engaged in the practice of engineering.

2-18           SECTION 3.  Section 1.3, The Texas Engineering Practice Act

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

2-20     as follows:

2-21           Sec. 1.3.  Every person licensed [and registered] by the

2-22     Board to engage in the practice of engineering shall in the

2-23     professional use of his name on any sign, directory, listing,

2-24     contract, document, pamphlet, stationery, letterhead,

2-25     advertisement, signature, or any other such means of professional

2-26     identification, written or printed, use one of the following

2-27     legally required identifications:  Engineer, Professional Engineer

2-28     or P. E.

2-29           SECTION 4.  Subdivisions (1), (3), and (4), Section 2, The

2-30     Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil

2-31     Statutes), are amended to read as follows:

2-32                 (1)  "Board" shall mean the Texas [State] Board of

2-33     [Registration for] Professional Engineers, provided for by this

2-34     Act.

2-35                 (3)  "Engineer," "professional engineer," "registered

2-36     engineer," "registered professional engineer," [or] "licensed

2-37     professional engineer," or "licensed engineer" shall mean a person

2-38     who has been duly licensed [and registered] by the Board to engage

2-39     in the practice of engineering in this state.

2-40                 (4)  "Practice of engineering," or "practice of

2-41     professional engineering" shall mean any service or creative work,

2-42     either public or private, the adequate performance of which

2-43     requires engineering education, training and experience in the

2-44     application of special knowledge or judgment of the mathematical,

2-45     physical, or engineering sciences to such services or creative

2-46     work.

2-47           The term includes consultation, investigation, evaluation,

2-48     analysis, planning, engineering for program management, providing

2-49     an expert engineering opinion or testimony, testing or evaluating

2-50     materials for construction and other engineering uses, and mapping;

2-51     design, conceptual design, or conceptual design coordination of

2-52     engineering works and systems; development or optimization of plans

2-53     and specifications for engineering works and systems; planning the

2-54     use or alteration of land and water or the design or analysis of

2-55     works or systems for the use or alteration of land and water;

2-56     teaching advanced engineering subjects; performing engineering

2-57     surveys and studies; engineering for construction, alteration, or

2-58     repair of real property; preparation of operating and maintenance

2-59     manuals; and review of the construction or installation of

2-60     engineered works to monitor compliance with drawings and

2-61     specifications.

2-62           The activities included in the practice of engineering

2-63     include services, designs, analyses, or other work performed for a

2-64     public or private entity in connection with utilities, structures,

2-65     buildings, machines, equipment, processes, systems, works,

2-66     projects, and industrial or consumer products or equipment of a

2-67     mechanical, electrical, electronic, chemical, hydraulic, pneumatic,

2-68     geotechnical, or thermal nature and include other professional

2-69     services necessary for the planning, progress, and completion of

 3-1     any engineering service.

 3-2           In this subdivision:

 3-3                       (A)  "Design coordination" includes the review

 3-4     and coordination of technical submissions prepared by others,

 3-5     including the work of other professionals working with or under the

 3-6     direction of an engineer with due professional regard for the

 3-7     abilities of all professional parties involved in a

 3-8     multidisciplinary effort.

 3-9                       (B)  "Engineering surveys" includes all survey

3-10     activities required to support the sound conception, planning,

3-11     design, construction, maintenance, and operation of an engineered

3-12     project, but does not include the surveying of real property and

3-13     other activities regulated under the Professional Land Surveying

3-14     Practices Act (Article 5282c, Vernon's Texas Civil Statutes).

3-15           SECTION 5.  Section 3, The Texas Engineering Practice Act

3-16     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

3-17     as follows:

3-18           Sec. 3.  TEXAS [STATE] BOARD OF [REGISTRATION FOR]

3-19     PROFESSIONAL ENGINEERS--APPOINTMENT OF MEMBERS--TERMS.  The Texas

3-20     [A State] Board of [Registration for] Professional Engineers is

3-21     hereby created whose duty it shall be to administer the provisions

3-22     of this Act.  The Board shall consist of six (6) professional

3-23     engineers and three (3) representatives of the general public, who

3-24     shall be appointed by the Governor of the State, without regard to

3-25     the race, creed, sex, religion, or national origin of the

3-26     appointees and with the advice and consent of the Senate.  At the

3-27     expiration of the term of each member first appointed, his

3-28     successor shall be appointed by the Governor of the State and he

3-29     shall serve for a term of six (6) years or until his successor

3-30     shall be appointed and qualified.  Before entering upon the duties

3-31     of his office each member of the Board shall take the

3-32     Constitutional Oath of office and the same shall be filed with the

3-33     Secretary of State.

3-34           SECTION 6.  Section 3a, The Texas Engineering Practice Act

3-35     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

3-36     as follows:

3-37           Sec. 3a.  SUNSET PROVISION.  The Texas [State] Board of

3-38     [Registration for] Professional Engineers is subject to Chapter

3-39     325, Government Code (Texas Sunset Act).  Unless continued in

3-40     existence as provided by that chapter, the board is abolished and

3-41     this Act expires September 1, 2003.

3-42           SECTION 7.  Subsection (d), Section 4, The Texas Engineering

3-43     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is

3-44     amended to read as follows:

3-45           (d)  The Board by majority vote may limit the participation

3-46     of general public members in the evaluations of applications for

3-47     licensure [registration] except in those instances in which the

3-48     evaluations take place at an official meeting of the Board.

3-49           SECTION 8.  Subsections (a) and (b), Section 8, The Texas

3-50     Engineering Practice Act (Article 3271a, Vernon's Texas Civil

3-51     Statutes), are amended to read as follows:

3-52           (a)  In addition to any other powers and duties, the Board

3-53     shall have the authority and power to make and enforce all rules

3-54     and regulations and bylaws consistent with this Act as necessary

3-55     for the performance of its duties, the governance of its own

3-56     proceedings, and the regulation of the practice of engineering in

3-57     this state and may establish standards of conduct and ethics for

3-58     engineers in keeping with the purposes and intent of this Act and

3-59     to insure strict compliance with and enforcement of this Act.  The

3-60     violation by any engineer of any provision of this Act or any rule

3-61     or regulation of the Board shall be a sufficient cause to suspend

3-62     or revoke the license [certificate of registration] of or to issue

3-63     a formal or informal reprimand to such engineer.  In addition to

3-64     any other action, proceeding or remedy authorized by law, the Board

3-65     shall have the right to institute an action in its own name in a

3-66     district court of Travis County against any individual person,

3-67     firm, partnership, or other entity to enjoin any violation of any

3-68     provision of this Act or any rule or regulation of the Board and in

3-69     order for the Board to sustain such action it shall not be

 4-1     necessary to allege or prove, either that an adequate remedy at law

 4-2     does not exist, or that substantial or irreparable damage would

 4-3     result from the continued violation thereof.  Either party to such

 4-4     action may appeal to the appellate court having jurisdiction of

 4-5     said cause.  The Board shall not be required to give any appeal

 4-6     bond in any cause arising under this Act.  The Attorney General

 4-7     shall represent the Board in all actions and proceedings to enforce

 4-8     the provisions of this Act.

 4-9           (b)  The Board may promulgate rules restricting competitive

4-10     bidding.  The Board may not promulgate rules restricting

4-11     advertising by a license holder [registrants] except to prohibit

4-12     false, misleading, or deceptive practices by the license holder

4-13     [registrants].  The Board may not include in its rules to prohibit

4-14     false, misleading, or deceptive practices by a person regulated by

4-15     the Board a rule that:

4-16                 (1)  restricts the person's use of any medium for

4-17     advertising;

4-18                 (2)  restricts the person's personal appearance or use

4-19     of his personal voice in an advertisement;

4-20                 (3)  relates to the size or duration of an

4-21     advertisement by the person; or

4-22                 (4)  restricts the person's advertisement under a trade

4-23     name.

4-24           SECTION 9.  Subsection (a), Section 10, The Texas Engineering

4-25     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is

4-26     amended to read as follows:

4-27           (a)  The Board shall keep a record of its proceedings and

4-28     register of all applications for licensure [registration], which

4-29     register shall show (a) the name, age and residence of each

4-30     applicant; (b) the date of the application; (c) the place of

4-31     business of such applicant; (d) his educational and other

4-32     qualifications; (e) whether or not an examination was required;

4-33     (f) whether the applicant was rejected; (g) whether a license

4-34     [certificate of registration] was granted; (h) the date of the

4-35     action of the Board; and (i) such other information as may be

4-36     deemed necessary by the Board.

4-37           The records of the Board shall be available to the public at

4-38     all times and shall be prima facie evidence of the proceedings of

4-39     the Board set forth therein, and a transcript thereof, duly

4-40     certified by the Secretary of the Board under seal, shall be

4-41     admissible in evidence with the same force and effect as if the

4-42     original was produced.

4-43           SECTION 10.  Section 11, The Texas Engineering Practice Act

4-44     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

4-45     as follows:

4-46           Sec. 11.  ROSTER OF LICENSED [REGISTERED] ENGINEERS.  A

4-47     roster showing the names and places of business of all licensed

4-48     [registered] professional engineers shall be prepared and published

4-49     by the Board each biennium at a time determined by the Board.

4-50     Copies of this roster shall be furnished without charge to any

4-51     engineer licensed [registered] by the Board on the written request

4-52     of the engineer, placed on file with the Secretary of State, and

4-53     furnished to any person upon written request who tenders a

4-54     reproduction fee set by the Board.

4-55           SECTION 11.  Section 12, The Texas Engineering Practice Act

4-56     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

4-57     as follows:

4-58           Sec. 12.  GENERAL REQUIREMENTS FOR LICENSURE [REGISTRATION].

4-59     (a)  The following shall be considered as minimum evidence

4-60     satisfactory to the Board that the applicant is qualified for

4-61     licensure [registration] as a professional engineer:

4-62                 (1)  graduation from an approved curriculum in

4-63     engineering that is approved by the Board as of satisfactory

4-64     standing, passage of the examination requirements prescribed by the

4-65     Board, and a specific record of an additional four (4) years or

4-66     more of active practice in engineering work, of a character

4-67     satisfactory to the Board, indicating that the applicant is

4-68     competent to be placed in responsible charge of such work; or

4-69                 (2)  graduation from an engineering or related science

 5-1     curriculum at a recognized institution of higher education, other

 5-2     than a curriculum approved by the Board under Subdivision (1) of

 5-3     this subsection, passage of the examination requirements prescribed

 5-4     by the Board, and a specific record of at least eight (8) years of

 5-5     active practice in engineering work of a character satisfactory to

 5-6     the Board and indicating that the applicant is competent to be

 5-7     placed in responsible charge of such work.

 5-8           (b)  Provided, that no person shall be eligible for licensure

 5-9     [registration] as a professional engineer who is not of good

5-10     character and reputation; and provided further, that any engineer

5-11     licensed [registered] under this Act shall be eligible to hold any

5-12     appointive engineering position with the State of Texas.

5-13           (c)  In considering the qualifications of applicants,

5-14     responsible charge of engineering teaching may be construed as

5-15     responsible charge of engineering work.  The mere execution, as a

5-16     contractor, of work designed by a professional engineer, or the

5-17     supervision of the construction of such work as foreman or

5-18     superintendent shall not be deemed to be active practice in

5-19     engineering work.

5-20           (d)  Any person having the necessary qualifications

5-21     prescribed in this Act to entitle him to licensure [registration]

5-22     shall be eligible for such licensure [registration] though he may

5-23     not be practicing at the time of making his application.

5-24           (e)  The Board may adopt rules providing for the waiver of

5-25     all or part of the examination requirement under this Act to permit

5-26     the issuance or reissuance of a license to an applicant.  Before

5-27     the Board may waive the requirement, the Board must find that the

5-28     applicant possesses sufficient qualifications to justify the waiver

5-29     of all or part of the examination requirement and that issuance or

5-30     reissuance of the license to the applicant does not pose a threat

5-31     to the public health, safety, or welfare.

5-32           SECTION 12.  Section 13, The Texas Engineering Practice Act

5-33     (Article 3271a, Vernon's Texas Civil Statutes), as amended by

5-34     Chapters 947 and 1090, Acts of the 71st Legislature, Regular

5-35     Session, 1989, is amended by amending Subsections (a), (b), and (d)

5-36     and adding Subsection (e) to read as follows:

5-37           (a)  Applications for licensure [registration] shall be on

5-38     forms prescribed and furnished by the Board, be sworn, and contain:

5-39                 (1)  statements showing personal information about the

5-40     applicant, as required by Board rule, and describing the

5-41     applicant's education;

5-42                 (2)  a detailed summary of the applicant's actual

5-43     engineering work;

5-44                 (3)  a statement describing any earlier professional

5-45     engineering registrations or licenses by or denials, revocations,

5-46     or suspensions of professional engineering registrations or

5-47     licenses of the applicant;

5-48                 (4)  a statement describing any criminal offenses of

5-49     which the applicant has been convicted; and

5-50                 (5)  not less than five (5) references from individuals

5-51     with personal knowledge of the applicant's character, reputation,

5-52     and general suitability for licensure [registration], of whom three

5-53     (3) or more shall be licensed [registered] engineers having

5-54     personal knowledge of the applicant's engineering experience.

5-55           (b)  The Board shall establish reasonable and necessary fees

5-56     for the administration of this Act in amounts not to exceed:

5-57           1.  License [Registration] fee                            $50

5-58           2.  Annual renewal fee                                     75

5-59           3.  Reciprocal license [registration] fee                  50

5-60           4.  Duplicate license [certificate of registration]         5

5-61           5.  Engineer-in-training certificate                       15

5-62           6.  Roster of engineers                                    10

5-63           7.  Examination fee                                 120 [100]

5-64           (d)  The Board by rule may adopt reduced licensure

5-65     [registration] and annual renewal fees for licensed [registered]

5-66     engineers who are at least 65 years of age.

5-67           (e)  The Board by rule may adopt reduced licensure and annual

5-68     renewal fees for licensed engineers who are disabled and who are

5-69     not currently engaged in the active practice of engineering.  For

 6-1     purposes of this subsection, an individual is "disabled" if the

 6-2     individual has a mental or physical impairment that substantially

 6-3     limits the ability of the individual to earn a living as a licensed

 6-4     engineer, other than an impairment caused by a current condition of

 6-5     addiction to the use of alcohol or an illegal drug or controlled

 6-6     substance.  A licensed engineer entitled to reduced fees under this

 6-7     subsection because the engineer is not engaged in the active

 6-8     practice of engineering shall notify the Board of the resumption of

 6-9     active practice not later than the 15th day after the date the

6-10     engineer resumes active practice.

6-11           SECTION 13.  Subsections (a) and (c), Section 13B, The Texas

6-12     Engineering Practice Act (Article 3271a, Vernon's Texas Civil

6-13     Statutes), are amended to read as follows:

6-14           (a)  Each of the following fees imposed by or under another

6-15     section of this Act is increased by $200:

6-16                 (1)  license [registration] fee;

6-17                 (2)  annual renewal fee; and

6-18                 (3)  reciprocal license [registration] fee.

6-19           (c)  Subsection (a) does not apply to a licensed [registered]

6-20     professional engineer who:

6-21                 (1)  meets the qualifications for an exemption from

6-22     licensure [registration] under Section 20(e) [20(g)] or (f) [(h)]

6-23     of this Act but who does not claim that exemption; or

6-24                 (2)  is disabled for purposes of Section 13(e) of this

6-25     Act.

6-26           SECTION 14.  Subsection (a), Section 14, The Texas

6-27     Engineering Practice Act (Article 3271a, Vernon's Texas Civil

6-28     Statutes), is amended to read as follows:

6-29           (a)  On payment of the examination fee, oral or written

6-30     examinations shall be administered to qualified applicants at such

6-31     time and place as the Board shall determine.  The scope of the

6-32     examinations and the methods of procedure shall be prescribed by

6-33     the Board with special reference to the applicant's ability to

6-34     design and supervise engineering works, which shall insure the

6-35     safety of life, health, and property.  Examinations shall be given

6-36     for the purpose of determining the qualifications of applicants for

6-37     licensure [registration] in professional engineering.  The Board

6-38     may permit reexamination of an applicant on payment of an

6-39     appropriate reexamination fee in an amount set by the Board.

6-40           SECTION 15.  Section 15, The Texas Engineering Practice Act

6-41     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

6-42     as follows:

6-43           Sec. 15.  LICENSES [CERTIFICATES], SEALS.  (a)  The Board

6-44     shall issue a license [certificate of registration] upon payment of

6-45     the license [registration] fee as provided for in this Act, to any

6-46     applicant, who, in the opinion of the Board, has satisfactorily met

6-47     all the requirements of this Act.  The license [In case of a

6-48     registered engineer, the certificate] shall authorize the practice

6-49     of professional engineering.  A license [Certificates of

6-50     registration] shall show the full name of the license holder

6-51     [registrant], shall have a serial number, and shall be signed by

6-52     the Chairman and the Secretary of the Board under seal of the

6-53     Board.  The issuance of a license [certificate of registration] by

6-54     this Board shall be evidence that the person named therein is

6-55     entitled to all rights and privileges of a licensed [registered]

6-56     professional engineer, while the said license [certificate] remains

6-57     unrevoked or unexpired.

6-58           (b)  Each license holder [registrant] hereunder shall upon

6-59     licensure [registration] obtain a seal of the design authorized by

6-60     the Board, bearing the license holder's [registrant's] name and the

6-61     legend "Licensed Professional Engineer" or "Registered Professional

6-62     Engineer".  Plans, specifications, plats, and reports issued by a

6-63     license holder [registrant] must include the license holder's

6-64     [registrant's] seal affixed to the document.  It shall be unlawful

6-65     for any one to affix a seal on any document if the license

6-66     [certificate] of the license holder [registrant] named thereon has

6-67     expired or has been suspended or revoked, unless said license

6-68     [certificate] shall have been renewed or reissued.

6-69           (c)  This Act applies to all engineering practiced in this

 7-1     state that is not exempted under this Act.  A public official of

 7-2     this state or of a political subdivision of this state who is

 7-3     charged with the enforcement of laws, ordinances, codes, or

 7-4     regulations that affect the practice of engineering may only accept

 7-5     plans, specifications, and other related documents prepared by a

 7-6     licensed engineer [registered engineers], as evidenced by the seal

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

 7-8     Act to the proper authorities.

 7-9           SECTION 16.  Section 16, The Texas Engineering Practice Act

7-10     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

7-11     as follows:

7-12           Sec. 16.  EXPIRATIONS AND RENEWALS.  (a)  It shall be the

7-13     duty of the Board to notify every person licensed [registered]

7-14     under this Act of the date of the expiration of his license

7-15     [certificate] and the amount of the fee that shall be required for

7-16     its renewal for one year; such notice shall be mailed at least one

7-17     month in advance of the date of the expiration of said license

7-18     [certificate] to the last address provided by the license holder

7-19     [registrant] to the Board.

7-20           (b)  A person may renew an unexpired license [certificate of

7-21     registration] by paying to the Board before the expiration date of

7-22     the license [certificate of registration] the required renewal fee.

7-23           (c)  If a person's license [certificate of registration] has

7-24     been expired for not longer than 90 days, the person may renew the

7-25     license [certificate of registration] by paying to the Board the

7-26     required renewal fee and a penalty fee as set by the Board.

7-27           (d)  If a person's license [certificate of registration] has

7-28     been expired for longer than 90 days but less than two years, the

7-29     person may renew the license [certificate of registration] by

7-30     paying to the Board all unpaid renewal fees and a penalty fee as

7-31     set by the Board.

7-32           (e)  If a person's license [certificate of registration] has

7-33     been expired for two years or longer, the person may not renew the

7-34     license [certificate of registration].  The person may obtain a new

7-35     license [certificate of registration] by complying with the

7-36     requirements and procedures for obtaining an original license

7-37     [certificate of registration] that are in effect at the time the

7-38     person applies.

7-39           SECTION 17.  Section 16.1, The Texas Engineering Practice Act

7-40     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

7-41     as follows:

7-42           Sec. 16.1.  EXPIRATION DATES OF LICENSES [CERTIFICATES OF

7-43     REGISTRATION]. The board by rule may adopt a system under which

7-44     licenses [certificates of registration] expire on various dates

7-45     during the year, and the dates for reinstatement shall be adjusted

7-46     accordingly.

7-47           SECTION 18.  Section 17, The Texas Engineering Practice Act

7-48     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

7-49     as follows:

7-50           Sec. 17.  FIRMS, PARTNERSHIPS, CORPORATIONS AND JOINT STOCK

7-51     ASSOCIATIONS.  A firm, or a co-partnership, or a corporation, or a

7-52     joint stock association may engage in the practice of professional

7-53     engineering in this State, provided such practice is carried on by

7-54     only professional engineers licensed [registered] in this State.

7-55           SECTION 19.  Section 18, The Texas Engineering Practice Act

7-56     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

7-57     as follows:

7-58           Sec. 18.  (a)  No firm, partnership, association, corporation

7-59     or other business entity shall hold itself out to the public or any

7-60     member thereof as being engaged in the practice of engineering

7-61     under any assumed, trade, business, partnership or corporate name

7-62     or employ, use, cause to be used or make use of in any manner

7-63     whatsoever any such words or terms as "engineer," "engineering,"

7-64     "engineering services," "engineering company," "engineering, inc.,"

7-65     "professional engineers," "licensed engineer," "registered

7-66     engineer," "licensed professional engineer," "registered

7-67     professional engineer," "engineered," or any combinations,

7-68     abbreviations or variations thereof, or in combination with any

7-69     other words, letters, initials, signs or symbols on, in or as a

 8-1     part of, directly or indirectly, any sign, directory, listing,

 8-2     contract, document, pamphlet, stationery, letterhead,

 8-3     advertisement, signature, trade name, assumed name, corporate or

 8-4     other business name unless such firm, partnership, association,

 8-5     corporation or other business entity is actually and actively

 8-6     engaged in the practice of engineering or offering engineering

 8-7     services to the public, and any and all services, work, acts or

 8-8     things performed or done by it which constitute any part of the

 8-9     practice of engineering are either personally performed or done by

8-10     a licensed [registered] engineer or under the direct [responsible]

8-11     supervision of a licensed [registered] engineer who is a regular

8-12     full-time employee of the firm, partnership, association,

8-13     corporation, or other business entity.

8-14           (b)  This section does not prohibit a licensed engineer from

8-15     performing engineering services on a part-time basis.

8-16           SECTION 20.  Subsection (a), Section 19, The Texas

8-17     Engineering Practice Act (Article 3271a, Vernon's Texas Civil

8-18     Statutes), is amended to read as follows:

8-19           (a)  It is unlawful for this State or for any of its

8-20     political subdivisions, including any county, city, or town, to

8-21     engage in the construction of any public work involving

8-22     professional engineering, where public health, public welfare or

8-23     public safety is involved, unless the engineering plans and

8-24     specifications and estimates have been prepared by, and the

8-25     engineering construction is to be executed under the direct

8-26     supervision of a licensed [registered] professional engineer.

8-27           SECTION 21.  Section 20, The Texas Engineering Practice Act

8-28     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

8-29     as follows:

8-30           Sec. 20.  EXEMPTIONS.  The following persons shall be exempt

8-31     from the licensure [registration] provisions of this Act, provided

8-32     that such persons are not directly or indirectly represented or

8-33     held out to the public to be legally qualified to engage in the

8-34     practice of engineering:

8-35                 (a)  [A person not a resident of and having no

8-36     established place of business in this state if that person:]

8-37                       [(1)  has filed an application for registration

8-38     as a professional engineer with the Board and the application is

8-39     pending Board action;]

8-40                       [(2)  is legally qualified to practice

8-41     engineering in another jurisdiction whose requirements for practice

8-42     are at least as strict as those required by this state; and]

8-43                       [(3)  affixes the person's seal from the

8-44     jurisdiction in which the person is legally qualified to practice

8-45     on all work completed while the application for registration to

8-46     practice in this state is pending.]

8-47                 [(b)  A person who has recently become a resident of

8-48     this state if that person:]

8-49                       [(1)  has filed an application for registration

8-50     as a professional engineer with the Board and the application is

8-51     pending Board action;]

8-52                       [(2)  is legally qualified to practice

8-53     engineering in another jurisdiction whose requirements for practice

8-54     are at least as strict as those required by this state; and]

8-55                       [(3)  affixes the person's seal from the

8-56     jurisdiction in which the person is legally qualified to practice

8-57     on all work completed while the application for registration to

8-58     practice in this state is pending.]

8-59                 [(c)]  An employee or a subordinate of a person holding

8-60     a license [certificate of registration] under this Act[, or any

8-61     employee of a person exempted from registration by classes (a) and

8-62     (b) of this Section]; provided, his practice does not include

8-63     responsible charge of design or supervision.

8-64                 (b) [(d)]  Officers and employees of the Government of

8-65     the United States while engaged within this state in the practice

8-66     of the profession of engineering for said Government.

8-67                 (c) [(e)]  A person doing the actual work of

8-68     installing, operating, repairing, or servicing locomotive or

8-69     stationary engines, steam boilers, Diesel engines, internal

 9-1     combustion engines, refrigeration compressors and systems, hoisting

 9-2     engines, electrical engines, air conditioning equipment and

 9-3     systems, or mechanical and electrical, electronic or communications

 9-4     equipment and apparatus; this Act may not be construed to prevent

 9-5     any citizen from identifying himself in the name and trade of any

 9-6     engineers' labor organization with which he may be affiliated,

 9-7     however, this exemption may not be construed to permit any person

 9-8     other than a licensed [registered] professional engineer to affix

 9-9     his signature to engineering plans, or specifications and may not

9-10     be construed to permit a person to use the term "engineer" or

9-11     "engineering" in any manner prohibited by this Act.

9-12                 (d) [(f)]  A person, firm, partnership, joint stock

9-13     association or private corporation, erecting, constructing,

9-14     enlarging, altering or repairing, or drawing plans and

9-15     specifications for:  (1) any private dwelling, or apartments not

9-16     exceeding eight units per building for one story buildings, or

9-17     apartments not exceeding four units per building and having a

9-18     maximum height of two stories, or garages or other structures

9-19     pertinent to such buildings; or (2) private buildings which are to

9-20     be used exclusively for farm, ranch or agricultural purposes, or

9-21     used exclusively for storage of raw agricultural commodities; or

9-22     (3) other buildings, except public buildings included under Section

9-23     19 of this Act, having no more than one story and containing no

9-24     clear span between supporting structures greater than 24 feet on

9-25     the narrow side and having a total floor area not in excess of five

9-26     thousand square feet; provided that on unsupported spans greater

9-27     than 24 feet on such buildings only the trusses, beams, or other

9-28     roof supporting members need to be engineered or pre-engineered;

9-29     provided that no representation is made or implied that engineering

9-30     services have been or will be offered to the public.

9-31                 (e) [(g)]  Any regular full time employee of a private

9-32     corporation or other private business entity who is engaged solely

9-33     and exclusively in performing services for such corporation and/or

9-34     its affiliates; provided, such employee's services are on, or in

9-35     connection with, property owned or leased by such private

9-36     corporation and/or its affiliates or other private business entity,

9-37     or in which such private corporation and/or its affiliates or other

9-38     business entity has an interest, estate or possessory right, or

9-39     whose services affect exclusively the property, products, or

9-40     interests of such private corporation and/or its affiliates or

9-41     other private business entity; and, provided further, that such

9-42     employee does not have the final authority for the approval of, and

9-43     the ultimate responsibility for, engineering designs, plans or

9-44     specifications pertaining to such property or products which are to

9-45     be incorporated into fixed works, systems, or facilities on the

9-46     property of others or which are to be made available to the general

9-47     public.  This exemption includes the use of job titles and

9-48     personnel classifications by such persons not in connection with

9-49     any offer of engineering services to the public, providing that no

9-50     name, title, or words are used which tend to convey the impression

9-51     that an unlicensed person is offering engineering services to the

9-52     public.

9-53                 (f) [(h)]  Any regular full time employee of a

9-54     privately owned public utility or cooperative utility and/or

9-55     affiliates who is engaged solely and exclusively in performing

9-56     services for such utility and/or its affiliates; provided, that

9-57     such employee does not have the final authority for the approval

9-58     of, and the ultimate responsibility for engineering designs, plans

9-59     or specifications to be incorporated into fixed works, systems, or

9-60     facilities on the property of others or which are to be made

9-61     available to the general public.  This exemption includes the use

9-62     of job titles and personnel classifications by such persons not in

9-63     connection with any offer of engineering services to the public,

9-64     providing that no name, title, or words are used which tend to

9-65     convey the impression that an unlicensed person is offering

9-66     engineering services to the public.

9-67                 (g) [(i)]  Qualified scientists engaged in scientific

9-68     research and investigation of the physical or natural sciences,

9-69     including the usual work and activities of meteorologists,

 10-1    seismologists, geologists, chemists, geochemists, physicists and

 10-2    geophysicists.

 10-3                (h) [(j)]  Nothing in this Act shall be construed or

 10-4    applied so as to prohibit or in any way restrict any person from

 10-5    giving testimony or preparing exhibits or documents for the sole

 10-6    purpose of being placed in evidence before any administrative or

 10-7    judicial tribunal of competent jurisdiction.

 10-8                (i) [(k)]  Nothing in this Act shall apply to any

 10-9    agricultural work being performed in carrying out soil and water

10-10    conservation practices.

10-11                (j) [(l)]  This Act shall not be construed as applying

10-12    to operating telephone companies and/or affiliates or their

10-13    employees in respect to any plans, designs, specifications, or

10-14    services which relate strictly to the science and art of telephony.

10-15    This exemption includes the use of job titles and personnel

10-16    classifications by such persons not in connection with any offer of

10-17    engineering services to the public, providing that no name, title,

10-18    or words are used which tend to convey the impression that an

10-19    unlicensed person is offering engineering services to the public.

10-20                (k)  This Act or a rule adopted under this Act does not

10-21    prevent, limit, or restrict a person licensed as an architect,

10-22    landscape architect, or interior designer under the laws of this

10-23    state from performing an act, service, or work that is within the

10-24    definition of the person's practice as an architect under Chapter

10-25    478, Acts of the 45th Legislature, Regular Session, 1937 (Article

10-26    249a, Vernon's Texas Civil Statutes), as a landscape architect

10-27    under Chapter 457, Acts of the 61st Legislature, Regular Session,

10-28    1969 (Article 249c, Vernon's Texas Civil Statutes), or as an

10-29    interior designer under Article 249e, Revised Statutes.

10-30                (l)  This Act does not apply to a regular full-time

10-31    employee of a private corporation or other private business entity

10-32    who is engaged in erecting, constructing, enlarging, altering,

10-33    repairing, rehabilitating, or maintaining an improvement to real

10-34    property in accordance with plans and specifications that bear the

10-35    seal of a licensed engineer.  This exemption includes the use of

10-36    job titles and personnel classifications by the employee that are

10-37    not in connection with any offer of engineering services to the

10-38    public.

10-39          SECTION 22.  The Texas Engineering Practice Act (Article

10-40    3271a, Vernon's Texas Civil Statutes) is amended by adding Section

10-41    20A to read as follows:

10-42          Sec. 20A.  TEMPORARY OR PROVISIONAL LICENSE.  The Board may

10-43    adopt rules providing standards and procedures for the issuance of

10-44    a temporary or provisional license under this Act.

10-45          SECTION 23.  Section 21, The Texas Engineering Practice Act

10-46    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

10-47    as follows:

10-48          Sec. 21.  LICENSURE [REGISTRATION] BY NONRESIDENTS.  A person

10-49    who holds a valid certificate of registration or license issued to

10-50    him by proper authority of any state or territory or possession of

10-51    the United States, the District of Columbia, or any foreign country

10-52    may apply for licensure [registration] in this state.

10-53          SECTION 24.  Section 22, The Texas Engineering Practice Act

10-54    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

10-55    as follows:

10-56          Sec. 22.  DENIAL, REVOCATION, SUSPENSION, PROBATION,

10-57    REPRIMAND, RE-ISSUANCE AND REFUSAL OF LICENSE; STATUS REVIEW

10-58    [CERTIFICATE].  (a)  The Board shall revoke, suspend, or refuse to

10-59    renew a license [registration], shall reprimand a license holder

10-60    [registrant], may deny an application for licensure [registration],

10-61    or may probate any suspension of any license holder [registrant]

10-62    who is determined by the Board to be censurable for:

10-63                (1)  The practice of any fraud or deceit in obtaining a

10-64    license [certificate of registration];

10-65                (2)  Any gross negligence, incompetency, or misconduct

10-66    in the practice of professional engineering as a licensed

10-67    [registered] professional engineer;

10-68                (3)  Any documented instance of retaliation by an

10-69    applicant against an individual who has served as a reference for

 11-1    that applicant;

 11-2                (4)  A violation of this Act or a Board rule; or

 11-3                (5)  A failure to timely provide plans and

 11-4    specifications to the Texas Department of Licensing and Regulation

 11-5    as required by Article 9102, Revised Statutes.

 11-6          (b)  Any person who may feel himself aggrieved by reason of

 11-7    the revocation of his license [certificate of registration] by the

 11-8    Board, as hereinabove authorized, shall have the right to file suit

 11-9    in the district court of the county of his residence, or of the

11-10    county in which the alleged offense relied upon as grounds for

11-11    revocation took place, to annul or vacate the order of the Board

11-12    revoking the license [certificate of registration].

11-13          (c)  If the Board proposes to suspend or revoke a person's

11-14    license [certificate of registration], the person is entitled to a

11-15    hearing before the Board.  Proceedings for the suspension or

11-16    revocation of a license [certificate of registration] are governed

11-17    by Chapter 2001, Government Code [the Administrative Procedure and

11-18    Texas Register Act, as amended (Article 6252-13a, Vernon's Texas

11-19    Civil Statutes)].

11-20          (d)  The Board, for reasons it may deem sufficient, may

11-21    re-issue a license [certificate of registration] to any person

11-22    whose license [certificate] has been revoked, provided six (6) or

11-23    more members of the Board vote in favor of such re-issuance.  A new

11-24    license [certificate of registration], to replace any license

11-25    [certificate] revoked, lost, destroyed, or mutilated, may be

11-26    issued, subject to the rules of the Board.

11-27          (e)  The Board may adopt rules permitting the Board to review

11-28    the status of a license holder who the Board believes may have been

11-29    issued a license through fraud or error or who may constitute a

11-30    threat to the public health, safety, or welfare.  The Board may

11-31    suspend or revoke a license held by a person whose status is

11-32    reviewed under this subsection.

11-33          SECTION 25.  Section 22A, The Texas Engineering Practice Act

11-34    (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

11-35    as follows:

11-36          Sec. 22A.  INFORMATION ABOUT COMPLAINTS.  (a)  The Board

11-37    shall keep an information file about each complaint filed with the

11-38    Board relating to a license holder [registrant].

11-39          (b)  If a written complaint is filed with the Board relating

11-40    to a license holder [registrant], the Board, at least as frequently

11-41    as quarterly, shall notify the parties to the complaint of the

11-42    status of the complaint until final disposition unless the

11-43    notification would jeopardize an undercover investigation.

11-44          (c)  The Board shall adopt rules that permit the Board to

11-45    receive and investigate confidential complaints against license

11-46    holders or any other person who may have violated this Act.  The

11-47    Board shall maintain the confidentiality of the complaint during

11-48    the investigation of the complaint.

11-49          SECTION 26.  The Texas Engineering Practice Act (Article

11-50    3271a, Vernon's Texas Civil Statutes) is amended by adding Section

11-51    22C to read as follows:

11-52          Sec. 22C.  ADMINISTRATIVE PENALTY.  (a)  The Board may impose

11-53    an administrative penalty against a person licensed under this Act

11-54    or any other person or entity that violates this Act or a rule or

11-55    order adopted under this Act.  The Board may include in the amount

11-56    of the administrative penalty the actual costs of investigating and

11-57    prosecuting the violation.

11-58          (b)  The penalty for a violation may be in an amount not to

11-59    exceed $3,000.  Each day a violation continues or occurs is a

11-60    separate violation for purposes of imposing a penalty.

11-61          (c)  The amount of the penalty shall be based on:

11-62                (1)  the seriousness of the violation, including the

11-63    nature, circumstances, extent, and gravity of any prohibited acts,

11-64    and the hazard or potential hazard created to the health, safety,

11-65    or economic welfare of the public;

11-66                (2)  the economic harm to property or the environment

11-67    caused by the violation;

11-68                (3)  the history of previous violations;

11-69                (4)  the amount necessary to deter future violations;

 12-1                (5)  efforts or resistance to efforts to correct the

 12-2    violation; and

 12-3                (6)  any other matter that justice may require.

 12-4          (d)  The Board shall adopt rules of procedure for the

 12-5    assessment of an administrative penalty by the Board.  Rules

 12-6    adopted under this section must conform to the requirements of

 12-7    Chapter 2001, Government Code.

 12-8          (e)  Within 30 days after the date the Board's order becomes

 12-9    final as provided by Section 2001.144, Government Code, the person

12-10    shall:

12-11                (1)  pay the amount of the penalty;

12-12                (2)  pay the amount of the penalty and file a petition

12-13    for judicial review contesting the occurrence of the violation, the

12-14    amount of the penalty, or both the occurrence of the violation and

12-15    the amount of the penalty; or

12-16                (3)  without paying the amount of the penalty, file a

12-17    petition for judicial review contesting the occurrence of the

12-18    violation, the amount of the penalty, or both the occurrence of the

12-19    violation and the amount of the penalty.

12-20          (f)  Within the 30-day period, a person who acts under

12-21    Subsection (e)(3) of this section may:

12-22                (1)  stay enforcement of the penalty by:

12-23                      (A)  paying the amount of the penalty to the

12-24    court for placement in an escrow account; or

12-25                      (B)  giving to the court a supersedeas bond that

12-26    is approved by the court for the amount of the penalty and that is

12-27    effective until all judicial review of the Board's order is final;

12-28    or

12-29                (2)  request the court to stay enforcement of the

12-30    penalty by:

12-31                      (A)  filing with the court a sworn affidavit of

12-32    the person stating that the person is financially unable to pay the

12-33    amount of the penalty and is financially unable to give the

12-34    supersedeas bond; and

12-35                      (B)  giving a copy of the affidavit to the

12-36    executive director by certified mail.

12-37          (g)  On receipt by the director of a copy of an affidavit

12-38    under Subsection (f)(2) of this section, the director may file with

12-39    the court, within five days after the date the copy is received, a

12-40    contest to the affidavit.  The court shall hold a hearing on the

12-41    facts alleged in the affidavit as soon as practicable and shall

12-42    stay the enforcement of the penalty on finding that the alleged

12-43    facts are true.  The person who files an affidavit has the burden

12-44    of proving that the person is financially unable to pay the amount

12-45    of the penalty and to give a supersedeas bond.

12-46          (h)  If the person does not pay the amount of the penalty and

12-47    the enforcement of the penalty is not stayed, the director may

12-48    refer the matter to the attorney general for collection of the

12-49    amount of the penalty.

12-50          (i)  Judicial review of the order of the Board:

12-51                (1)  is instituted by filing a petition as provided by

12-52    Subchapter G, Chapter 2001, Government Code; and

12-53                (2)  is under the substantial evidence rule.

12-54          (j)  If the court sustains the occurrence of the violation,

12-55    the court may uphold or reduce the amount of the penalty and order

12-56    the person to pay the full or reduced amount of the penalty.  If

12-57    the court does not sustain the occurrence of the violation, the

12-58    court shall order that no penalty is owed.

12-59          (k)  When the judgment of the court becomes final, the court

12-60    shall proceed under this subsection.  If the person paid the amount

12-61    of the penalty and if that amount is reduced or is not upheld by

12-62    the court, the court shall order that the appropriate amount plus

12-63    accrued interest be remitted to the person.  The rate of the

12-64    interest is the rate charged on loans to depository institutions by

12-65    the New York Federal Reserve Bank, and the interest shall be paid

12-66    for the period beginning on the date the penalty was paid and

12-67    ending on the date the penalty is remitted.  If the person gave a

12-68    supersedeas bond and if the amount of the penalty is not upheld by

12-69    the court, the court shall order the release of the bond.  If the

 13-1    person gave a supersedeas bond and if the amount of the penalty is

 13-2    reduced, the court shall order the release of the bond after the

 13-3    person pays the amount.

 13-4          (l)  A penalty collected under this section shall be remitted

 13-5    to the comptroller for deposit in the general revenue fund, except

 13-6    that the portion of the penalty that represents the costs of the

 13-7    Board in investigating and prosecuting the violation shall be

 13-8    remitted to the Board as reimbursement for performance of the

 13-9    Board's regulatory functions.

13-10          (m)  All proceedings under this section are subject to

13-11    Chapter 2001, Government Code.

13-12          SECTION 27.  Subsection (a), Section 23, The Texas

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

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

13-15          (a)  Any person who shall practice, or offer to practice, the

13-16    profession of engineering in this State without being licensed

13-17    [registered] or exempted from licensure [registration] in

13-18    accordance with the provisions of this Act, or any person

13-19    presenting or attempting to use as his own the license [certificate

13-20    of registration] or the seal of another, or any person who shall

13-21    give any false or forged evidence of any kind to the Board or to

13-22    any member thereof in obtaining a license [certificate of

13-23    registration], or any person who shall violate any of the

13-24    provisions of this Act, commits an offense.  An offense under this

13-25    subsection is a Class A misdemeanor.

13-26          SECTION 28.  Section 26, The Texas Engineering Practice Act

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

13-28    as follows:

13-29          Sec. 26.  CONFIDENTIALITY OF CERTAIN INFORMATION.  A

13-30    statement made by a person providing a reference for an applicant

13-31    and other pertinent information compiled by or submitted to the

13-32    Board relating to an applicant for licensure [registration] under

13-33    this Act is privileged and confidential and may be used only by the

13-34    Board or employees or agents of the Board who are directly involved

13-35    in the application or licensure [registration] process.  The

13-36    information is not subject to discovery, subpoena, or other

13-37    disclosure.

13-38          SECTION 29.  The change in law made by this Act applies only

13-39    to a violation of The Texas Engineering Practice Act (Article

13-40    3271a, Vernon's Texas Civil Statutes) or a rule adopted under that

13-41    Act that is reported on or after the effective date of this Act.  A

13-42    violation that is reported before that date is governed by the law

13-43    in effect on the date the violation was reported, and the former

13-44    law is continued in effect for that purpose.

13-45          SECTION 30.  The change in law made by this Act relating to

13-46    the change in the type of credential issued to practice as an

13-47    engineer does not affect the validity of a certificate of

13-48    registration issued before the effective date of this Act.

13-49          SECTION 31.  This Act takes effect September 1, 1997, and

13-50    applies to a license fee, annual renewal fee, or reciprocal license

13-51    fee paid to the Texas Board of Professional Engineers that becomes

13-52    due on or after that date.  A fee that is collected by the board on

13-53    or after that date but that became due before that date is governed

13-54    by the law in effect on the date that the fee became due, and the

13-55    former law is continued in effect for that purpose.

13-56          SECTION 32.  The importance of this legislation and the

13-57    crowded condition of the calendars in both houses create an

13-58    emergency and an imperative public necessity that the

13-59    constitutional rule requiring bills to be read on three several

13-60    days in each house be suspended, and this rule is hereby suspended.

13-61                                 * * * * *