1-1                                   AN ACT
 1-2     relating to registration of engineering firms, to certain
 1-3     exemptions from licensure as an engineer, and to the publication by
 1-4     the Texas Board of Professional Engineers of a roster of engineers
 1-5     and engineering firms.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 1.2, The Texas Engineering Practice Act
 1-8     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
 1-9     as follows:
1-10           Sec. 1.2.  PROHIBITED ACTS AND CONDUCT.  (a)  From and after
1-11     the effective date of this Act, unless duly licensed in accordance
1-12     with the provisions of this Act, no person in this state shall:
1-13                 (1)  Practice, continue to practice, offer or attempt
1-14     to practice engineering or any branch or part thereof.
1-15                 (2)  Directly or indirectly, employ, use, cause to be
1-16     used or make use of any of the following terms or any combinations,
1-17     variations or abbreviations thereof as a professional, business or
1-18     commercial identification, title, name, representation, claim,
1-19     asset or means of advantage or benefit:  "engineer," "professional
1-20     engineer," "licensed engineer," "registered engineer," "registered
1-21     professional engineer," "licensed professional engineer,"
1-22     "engineered."
1-23                 (3)  Directly or indirectly, employ, use, cause to be
1-24     used or make use of any letter, abbreviation, word, symbol, slogan,
 2-1     sign or any combinations or variations thereof, which in any manner
 2-2     whatsoever tends or is likely to create any impression with the
 2-3     public or any member thereof that any person is qualified or
 2-4     authorized to practice engineering unless such person is duly
 2-5     licensed under and practicing in accordance with the provisions of
 2-6     this Act.
 2-7                 (4)  Receive any fee or compensation or the promise of
 2-8     any fee or compensation for performing, offering or attempting to
 2-9     perform any service, work, act or thing which is any part of the
2-10     practice of engineering as defined by this Act.
2-11           (b)  Within the intent and meaning and for all purposes of
2-12     this Act, any person, sole proprietorship, firm, partnership,
2-13     association or corporation which shall do, offer or attempt to do
2-14     any one or more of the acts or things set forth in Subsection (a)
2-15     [numbered paragraphs (1), (2), (3) or (4)] of this section [Section
2-16     1.2] shall be conclusively presumed and regarded as engaged in the
2-17     practice of engineering.
2-18           SECTION 2.  Section 8(a), The Texas Engineering Practice Act
2-19     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
2-20     as follows:
2-21           (a)  In addition to any other powers and duties, the Board
2-22     shall have the authority and power to make and enforce all rules
2-23     and regulations and bylaws consistent with this Act as necessary
2-24     for the performance of its duties, the governance of its own
2-25     proceedings, and the regulation of the practice of engineering in
2-26     this state and may establish standards of conduct and ethics for
2-27     engineers in keeping with the purposes and intent of this Act and
 3-1     to insure strict compliance with and enforcement of this Act.  The
 3-2     violation by any engineer of any provision of this Act or any rule
 3-3     or regulation of the Board shall be a sufficient cause to suspend
 3-4     or revoke the license of or to issue a formal or informal reprimand
 3-5     to such engineer.  In addition to any other action, proceeding or
 3-6     remedy authorized by law, the Board shall have the right to
 3-7     institute an action in its own name in a district court of Travis
 3-8     County against any individual person, sole proprietorship, firm,
 3-9     partnership, or other entity to enjoin any violation of any
3-10     provision of this Act or any rule or regulation of the Board and in
3-11     order for the Board to sustain such action it shall not be
3-12     necessary to allege or prove, either that an adequate remedy at law
3-13     does not exist, or that substantial or irreparable damage would
3-14     result from the continued violation thereof.  Either party to such
3-15     action may appeal to the appellate court having jurisdiction of
3-16     said cause.  The Board shall not be required to give any appeal
3-17     bond in any cause arising under this Act.  The Attorney General
3-18     shall represent the Board in all actions and proceedings to enforce
3-19     the provisions of this Act.
3-20           SECTION 3.  Section 11, The Texas Engineering Practice Act
3-21     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
3-22     as follows:
3-23           Sec. 11.  ENGINEER ROSTER [OF LICENSED ENGINEERS].  (a) The
3-24     Board shall prepare and publish a [A] roster [showing the names and
3-25     places] of persons or business entities [of all] licensed,
3-26     registered, certified, or enrolled [professional engineers shall be
3-27     prepared and published] by the Board.  The roster shall include
 4-1     names, business addresses, and other identifying information
 4-2     required by Board rule.
 4-3           (b)  The Board shall make the roster available to the public
 4-4     without cost in an online computer database format.
 4-5           (c)  The Board shall provide a physical copy of the roster on
 4-6     request and may charge [each biennium at a time determined by the
 4-7     Board.  Copies of this roster shall be furnished without charge to
 4-8     any engineer licensed by the Board on the written request of the
 4-9     engineer, placed on file with the Secretary of State, and furnished
4-10     to any person upon written request who tenders] a reproduction and
4-11     shipping fee for providing a physical  copy of the roster [set by
4-12     the Board].
4-13           SECTION 4.  Section 13(b), The Texas Engineering Practice Act
4-14     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
4-15     as follows:
4-16           (b)  The Board shall establish reasonable and necessary fees
4-17     for the administration of this Act in amounts not to exceed:
4-18     1.  License fee ................................... $50
4-19     2.  Annual renewal fee ............................. 75
4-20     3.  Reciprocal license fee ......................... 50
4-21     4.  Duplicate license ..............................  5
4-22     5.  Engineer-in-training certificate ............... 15
4-23     6.  Roster of engineers ............................ 10
4-24     7.  Examination fee ......................... 200 [120]
4-25     8.  Registration fee for engineering firm ......... 100
4-26           SECTION 5.  Section 13B(c), The Texas Engineering Practice
4-27     Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
 5-1     read as follows:
 5-2           (c)  Subsection (a) does not apply to a licensed professional
 5-3     engineer who:
 5-4                 (1)  meets the qualifications for an exemption from
 5-5     licensure under Section 20(a)(5) or(6) [20(e) or (f)] of this Act
 5-6     but who does not claim that exemption; or
 5-7                 (2)  is disabled for purposes of Section 13(e) of this
 5-8     Act.
 5-9           SECTION 6.  Sections 16.1 and 17, The Texas Engineering
5-10     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
5-11     amended to read as follows:
5-12           Sec. 16.1.  EXPIRATION DATES OF LICENSES AND REGISTRATIONS.
5-13     The board by rule may adopt a system under which licenses and
5-14     registrations expire on various dates during the year, and the
5-15     dates for reinstatement shall be adjusted accordingly.
5-16           Sec. 17.  SOLE PROPRIETORSHIPS, FIRMS, PARTNERSHIPS,
5-17     CORPORATIONS, AND JOINT STOCK ASSOCIATIONS.  (a)  A sole
5-18     proprietorship, firm, [or a] co-partnership, [or a] corporation, or
5-19     [a] joint stock association may engage or offer to engage in the
5-20     practice of professional engineering in this State, provided:
5-21                 (1)  the entity is registered with the Board; and
5-22                 (2)  such practice is carried on by only professional
5-23     engineers licensed in this State.
5-24           (b)  To be registered under this section, an entity must file
5-25     an application with the Board on a form provided by the Board.  In
5-26     addition to any other information required by Board rule, the
5-27     application must list the name and address of each:
 6-1                 (1)  officer or director of the entity; and
 6-2                 (2)  person licensed to practice engineering who
 6-3     engages in the practice of engineering on behalf of the entity.
 6-4           (c)  The registration of an entity issued under this section
 6-5     is valid for one year and may be renewed by filing an updated
 6-6     application under Subsection (b) of this section.
 6-7           SECTION 7.  Section 18(a), The Texas Engineering Practice Act
 6-8     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
 6-9     as follows:
6-10           (a)  No sole proprietorship, firm, partnership, association,
6-11     corporation or other business entity shall hold itself out to the
6-12     public or any member thereof as being engaged in the practice of
6-13     engineering under any assumed, trade, business, partnership or
6-14     corporate name or employ, use, cause to be used or make use of in
6-15     any manner whatsoever any such words or terms as "engineer,"
6-16     "engineering," "engineering services," "engineering company,"
6-17     "engineering, inc.," "professional engineers," "licensed engineer,"
6-18     "registered engineer," "licensed professional engineer,"
6-19     "registered professional engineer," "engineered," or any
6-20     combinations, abbreviations or variations thereof, or in
6-21     combination with any other words, letters, initials, signs or
6-22     symbols on, in or as a part of, directly or indirectly, any sign,
6-23     directory, listing, contract, document, pamphlet, stationery,
6-24     letterhead, advertisement, signature, trade name, assumed name,
6-25     corporate or other business name unless such sole proprietorship,
6-26     firm, partnership, association, corporation or other business
6-27     entity is registered under Section 17 of this Act and is actually
 7-1     and actively engaged in the practice of engineering or offering
 7-2     engineering services to the public, and any and all services, work,
 7-3     acts or things performed or done by it which constitute any part of
 7-4     the practice of engineering are either personally performed or done
 7-5     by a licensed engineer or under the direct supervision of a
 7-6     licensed engineer who is a regular full-time employee of the sole
 7-7     proprietorship, firm, partnership, association, corporation, or
 7-8     other business entity.
 7-9           SECTION 8.  Section 20, 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. 20.  Exemptions.  (a)  The following persons shall be
7-13     exempt from the licensure provisions of this Act, provided that
7-14     such persons are not directly or indirectly represented or held out
7-15     to the public to be legally qualified to engage in the practice of
7-16     engineering:
7-17                 (1)  an [(a)  An] employee or a subordinate of a person
7-18     holding a license under this Act; provided, his practice does not
7-19     include responsible charge of design or supervision;[.]
7-20                 (2)  officers [(b)  Officers] and employees of the
7-21     Government of the United States while engaged within this state in
7-22     the practice of the profession of engineering for said
7-23     Government;[.]
7-24                 (3)  a [(c)  A] person doing the actual work of
7-25     installing, operating, repairing, or servicing locomotive or
7-26     stationary engines, steam boilers, Diesel engines, internal
7-27     combustion engines, refrigeration compressors and systems, hoisting
 8-1     engines, electrical engines, air conditioning equipment and
 8-2     systems, or mechanical and electrical, electronic or communications
 8-3     equipment and apparatus; this Act may not be construed to prevent
 8-4     any citizen from identifying himself in the name and trade of any
 8-5     engineers' labor organization with which he may be affiliated,
 8-6     however, this exemption may not be construed to permit any person
 8-7     other than a licensed professional engineer to affix his signature
 8-8     to engineering plans, or specifications and may not be construed to
 8-9     permit a person to use the term "engineer" or "engineering" in any
8-10     manner prohibited by this Act;[.]
8-11                 (4)  a [(d)  A] person, sole proprietorship, firm,
8-12     partnership, joint stock association or private corporation,
8-13     erecting, constructing, enlarging, altering or repairing, or
8-14     drawing plans and specifications for:  [(1)] any private dwelling,
8-15     or apartments not exceeding eight units per building for one story
8-16     buildings, or apartments not exceeding four units per building and
8-17     having a maximum height of two stories, or garages or other
8-18     structures pertinent to such buildings; or [(2)] private buildings
8-19     which are to be used exclusively for farm, ranch or agricultural
8-20     purposes, or used exclusively for storage of raw agricultural
8-21     commodities; or [(3)] other buildings, except public buildings
8-22     included under Section 19 of this Act, having no more than one
8-23     story and containing no clear span between supporting structures
8-24     greater than 24 feet on the narrow side and having a total floor
8-25     area not in excess of five thousand square feet; provided that on
8-26     unsupported spans greater than 24 feet on such buildings only the
8-27     trusses, beams, or other roof supporting members need to be
 9-1     engineered or pre-engineered; provided that no representation is
 9-2     made or implied that engineering services have been or will be
 9-3     offered to the public;[.]
 9-4                 (5)  any [(e)  Any] regular full time employee of a
 9-5     private corporation or other private business entity who is engaged
 9-6     solely and exclusively in performing services for such corporation
 9-7     and/or its affiliates; provided, such employee's services are on,
 9-8     or in connection with, property owned or leased by such private
 9-9     corporation and/or its affiliates or other private business entity,
9-10     or in which such private corporation and/or its affiliates or other
9-11     business entity has an interest, estate or possessory right, or
9-12     whose services affect exclusively the property, products, or
9-13     interests of such private corporation and/or its affiliates or
9-14     other private business entity; and, provided further, that such
9-15     employee does not have the final authority for the approval of, and
9-16     the ultimate responsibility for, engineering designs, plans or
9-17     specifications pertaining to such property or products which are to
9-18     be incorporated into fixed works, systems, or facilities on the
9-19     property of others or which are to be made available to the general
9-20     public.  This exemption includes the use of job titles and
9-21     personnel classifications by such persons not in connection with
9-22     any offer of engineering services to the public, providing that no
9-23     name, title, or words are used which tend to convey the impression
9-24     that an unlicensed person is offering engineering services to the
9-25     public;[.]
9-26                 (6)  any [(f)  Any] regular full time employee of a
9-27     privately owned public utility or cooperative utility and/or
 10-1    affiliates who is engaged solely and exclusively in performing
 10-2    services for such utility and/or its affiliates; provided, that
 10-3    such employee does not have the final authority for the approval
 10-4    of, and the ultimate responsibility for engineering designs, plans
 10-5    or specifications to be incorporated into fixed works, systems, or
 10-6    facilities on the property of others or which are to be made
 10-7    available to the general public.  This exemption includes the use
 10-8    of job titles and personnel classifications by such persons not in
 10-9    connection with any offer of engineering services to the public,
10-10    providing that no name, title, or words are used which tend to
10-11    convey the impression that an unlicensed person is offering
10-12    engineering services to the public; or[.]
10-13                (7)  qualified [(g)  Qualified] scientists engaged in
10-14    scientific research and investigation of the physical or natural
10-15    sciences, including the usual work and activities of
10-16    meteorologists, seismologists, geologists, chemists, geochemists,
10-17    physicists and geophysicists.
10-18          (b) [(h)]  Nothing in this Act shall be construed or applied
10-19    so as to prohibit or in any way restrict any person from giving
10-20    testimony or preparing exhibits or documents for the sole purpose
10-21    of being placed in evidence before any administrative or judicial
10-22    tribunal of competent jurisdiction.
10-23          (c) [(i)]  Nothing in this Act shall apply to any
10-24    agricultural work being performed in carrying out soil and water
10-25    conservation practices.
10-26          (d) [(j)]  This Act shall not be construed as applying to
10-27    operating telephone companies and/or affiliates or their employees
 11-1    in respect to any plans, designs, specifications, or services which
 11-2    relate strictly to the science and art of telephony.  This
 11-3    exemption includes the use of job titles and personnel
 11-4    classifications by such persons not in connection with any offer of
 11-5    engineering services to the public, providing that no name, title,
 11-6    or words are used which tend to convey the impression that an
 11-7    unlicensed person is offering engineering services to the public.
 11-8          (e) [(k)]  This Act or a rule adopted under this Act does not
 11-9    prevent, limit, or restrict a person licensed as an architect,
11-10    landscape architect, or interior designer under the laws of this
11-11    state from performing an act, service, or work that is within the
11-12    definition of the person's practice as an architect under Chapter
11-13    478, Acts of the 45th Legislature, Regular Session, 1937 (Article
11-14    249a, Vernon's Texas Civil Statutes), as a landscape architect
11-15    under Chapter 457, Acts of the 61st Legislature, Regular Session,
11-16    1969 (Article 249c, Vernon's Texas Civil Statutes), or as an
11-17    interior designer under Article 249e, Revised Statutes.
11-18          (f) [(l)]  This Act does not apply to a regular full-time
11-19    employee of a private corporation or other private business entity
11-20    who is engaged in erecting, constructing, enlarging, altering,
11-21    repairing, rehabilitating, or maintaining an improvement to real
11-22    property in accordance with plans and specifications that bear the
11-23    seal of a licensed engineer.  This exemption includes the use of
11-24    job titles and personnel classifications by the employee that are
11-25    not in connection with any offer of engineering services to the
11-26    public.
11-27          (g)  A person who claims an exemption from this Act under
 12-1    Subsection (a)(5) or (6) of this section who is determined to have
 12-2    directly or indirectly held the person out as legally qualified to
 12-3    engage in the practice of engineering may not claim an exemption
 12-4    under this section until the 10th anniversary of the date the
 12-5    person held the person out as qualified to engage in the practice
 12-6    of engineering.
 12-7          SECTION 9.  (a)  Except as provided by Subsection (c) of this
 12-8    section, this Act takes effect September 1, 1999.
 12-9          (b)  The Texas Board of Professional Engineers shall adopt
12-10    rules providing for the registration of engineering entities not
12-11    later than November 1, 1999.
12-12          (c)  Sections 17 and 18, The Texas Engineering Practice Act
12-13    (Article 3271a, Vernon's Texas Civil Statutes), as amended by this
12-14    Act, take effect January 1, 2000.
12-15          SECTION 10.  The importance of this legislation and the
12-16    crowded condition of the calendars in both houses create an
12-17    emergency and an imperative public necessity that the
12-18    constitutional rule requiring bills to be read on three several
12-19    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1544 was passed by the House on May
         8, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1544 on May 21, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1544 was passed by the Senate, with
         amendments, on May 19, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor