HBA-MPA, ALS H.B. 1544 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1544
By: Haggerty
Licensing & Administrative Procedure
7/12/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act), provided for the licensing of professional
engineers and  regulation of engineering firms.  Although these regulations
existed, they were not widely enforced due to the difficulty in tracking
those persons and firms purportedly engaged in the defined practice of
engineering.   

Approximately 22 other states require engineering firms to obtain a
certificate of authorization and approximately 10 states require firms to
be registered with the state. The model licensing law of the National
Council of Examiners for Engineers and Surveying also contains such
provisions.  The purpose of this bill is to improve enforcement of
regulations and to protect the public.  
 
H.B. 1544 sets forth a requirement for firms engaging in the practice of
engineering in Texas to register with the Texas Board of Professional
Engineers (board) and requires the board to publish a roster of engineers
and engineering firms. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Board of Professional Engineers
is modified in SECTION 6 (Sections 16.1 and 17, Article 3271a, V.T.C.S.
(The Texas Engineering Practice Act)) of this bill.    

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1.2, Article 3271a, V.T.C.S. (Texas Engineering
Practice Act), to provide that any sole proprietorship which does, or
offers or attempts to do,  any of the acts or things set forth under
Subsection (a) is conclusively presumed and regarded as engaging in the
practice of engineering. Makes nonsubstantive changes. 

SECTION 2. Amends Section 8(a), Article 3271a, V.T.C.S. (Texas Engineering
Practice Act), to make a nonsubstantive change. 

SECTION 3.  Amends Section 11, Article 3271a, V.T.C.S. (Texas Engineering
Practice Act), as follows: 

Sec.11.  New title: ENGINEER ROSTER.  Deletes "of licensed engineers" from
existing title.  Requires the Texas Board of Professional Engineers (board)
to prepare and publish a roster of persons or business entities licensed,
registered, certified, or enrolled by the board. Requires the roster to
include the names, business addresses, and other identifying information
required by board rule. Requires the board to make the roster available to
the public without cost in an online computer database format.  Requires
the board to provide a physical copy of the roster on request. Authorizes
the board to charge a shipping fee, in addition to a reproduction fee,  for
providing the copy.  Deletes language requiring the board to prepare and
publish a roster each biennium at a time determined by the board, and
requiring the roster to be placed on file with the secretary of state. 

SECTION 4.  Amends Section 13(b), Article 3271a, V.T.C.S. (Texas
Engineering Practice Act), to require the board to establish a reasonable
and necessary examination fee not to exceed $200, rather than $120, and a
registration fee for engineering firms not to exceed $100.  
 
SECTION 5.  Amends Section 13B(c), Article 3271a, V.T.C.S. (Texas
Engineering Practice Act), to provide that Subsection (a) does not apply to
a licensed professional engineer who is exempt from licensure under Section
20(a)(5) or (6), rather than Section 20(e) or (f), of this Act but who does
not claim that exemption. 

SECTION 6.  Amends Sections 16.1 and 17, Article 3271a, V.T.C.S. (Texas
Engineering Practice Act), as follows: 

Sec. 16.1.  New title: EXPIRATION DATES OF LICENSES AND REGISTRATIONS. Adds
"and registrations" to the existing title.  Makes a conforming change. 

Sec. 17. New title: SOLE PROPRIETORSHIPS, FIRMS, PARTNERSHIPS, CORPORATIONS
AND JOINT STOCK ASSOCIATIONS. (a) Authorizes a sole proprietorship, firm,
co-partnership, corporation, or joint stock association to engage or offer
to engage in the practice of professional engineering if the entity is
registered with the board and the practice is only carried on by
professional engineers licensed in this state. Makes nonsubstantive
changes. 

(b) Provides that an entity must file an application with the board on a
form provided by the board in order to be registered under this section.
Provides that the application must list the names of specified persons, in
addition to any other information required by board rule. 

(c) Provides that the registration of an entity issued under this section
is valid for one year. Authorizes the registration to be renewed by filing
an updated application under Subsection (b).  

SECTION 7. Amends Sections 18(a), Article 3271a, V.T.C.S. (Texas
Engineering Practice Act), to make conforming changes. 

SECTION 8. Amends Section 20, Article 3271a, V.T.C.S. (Texas Engineering
Practice Act), to redesignate existing Subsections (a)-(g) to Subsections
(a)(1)-(a)(7) and existing Subsections (h)-(l) to Subsections (b)-(f), and
adds a new Subsection (g), to prohibit a person who claims an exemption
from this article under Subsection (a)(5) or (6) (concerning regular
full-time employees of a private corporation or other business entity, or
privately owned public or cooperative utility) who is determined to have
directly or indirectly held the person out as legally qualified to engage
in the practice of engineering from claiming such an exemption until the
10th anniversary of the date of such a holding.  Makes conforming and
nonsubstantive changes.  

SECTION 9.(a) Effective date: September 1, 1999. 
  
(b) Requires the board to adopt rules providing for the registration of
engineering entities no later than November 1, 1999. 

(c) Provides that Sections 17 and 18, Article 3271a, V.T.C.S. (Texas
Engineering Practice Act), take effect January 1, 2000. 

SECTION 10.Emergency clause.