HBA-ALS C.S.H.B. 1544 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1544 
By: Haggerty
Licensing and Administrative Procedure
4/22/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, Article 3271a, V.T.C.S. (the Texas Engineering Practice Act),
provides for the licensing of professional engineers and  regulation of
engineering firms.  Although these regulations exist, they are 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.  
 
C.S.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 8a, 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, rather than expires on the first anniversary of the
date of issuance. Authorizes the registration to be renewed by filing an
updated application under Subsection (b).  

SECTION 7. Amends Sections 18a, 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).
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), takes effect January 1, 2000. 

SECTION 10.Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in the caption.

The substitute modifies the original in SECTION 1 (Section 1.2, Article
3271a, V.T.C.S. (Texas Engineering Practice Act)) to add language providing
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. 

The substitute modifies the original in SECTION 2 (Section 8(a), Article
3271a, V.T.C.S. (Texas Engineering Practice Act) to make conforming and
nonsubstantive changes. 

The substitute modifies the original in SECTION 3 (Section 11, Article
3271a, V.T.C.S. (Texas  Engineering Practice Act) to provide the 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. 

Redesignates SECTION 1 (Section 13(b), Article 3271a, V.T.C.S. (Texas
Engineering Practice Act)) of the original to SECTION 4 of the substitute.
The substitute modifies the original by requiring 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. 

The substitute modifies the original in SECTION 5 (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. 

Redesignates SECTION 2 (Sections 16.1 and 17, Article 3271a, V.T.C.S.
(Texas Engineering Practice Act) of the original to SECTION 6 of the
substitute. The substitute modifies the original in Section 17 to set forth
the new title "Sole Proprietorships, Firms, Partnerships, Corporations and
Joint Stock Associations."  Requires an entity to file any information
required by board rule, in addition to other information required on an
application filed  with the board on a form provided by the board.
Provides that the registration of an entity issued under this section is
valid for one year, rather than expires on the first anniversary of the
date of issuance.  Makes conforming and nonsubstantive changes. 

The substitute modifies the original to add SECTION 7 (Section 18a, Article
3271a, V.T.C.S. (Texas Engineering Practice Act)), to make conforming
changes. 

The substitute modifies the original to add SECTION 8 (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). Makes conforming and nonsubstantive
changes.  

Redesignates SECTION 4 of the original to SECTION 9 of the substitute.

Redesignates SECTION 5 of the original to SECTION 10 of the substitute.