76R9394 SMH-D
By Haggerty H.B. No. 1544
Substitute the following for H.B. No. 1544:
By Yarbrough C.S.H.B. No. 1544
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to registration of engineering firms and to the
1-3 publication by the Texas Board of Professional Engineers of a
1-4 roster of engineers and engineering firms.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1.2, The Texas Engineering Practice Act
1-7 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
1-8 as follows:
1-9 Sec. 1.2. PROHIBITED ACTS AND CONDUCT. (a) From and after
1-10 the effective date of this Act, unless duly licensed in accordance
1-11 with the provisions of this Act, no person in this state shall:
1-12 (1) Practice, continue to practice, offer or attempt
1-13 to practice engineering or any branch or part thereof.
1-14 (2) Directly or indirectly, employ, use, cause to be
1-15 used or make use of any of the following terms or any combinations,
1-16 variations or abbreviations thereof as a professional, business or
1-17 commercial identification, title, name, representation, claim,
1-18 asset or means of advantage or benefit: "engineer," "professional
1-19 engineer," "licensed engineer," "registered engineer," "registered
1-20 professional engineer," "licensed professional engineer,"
1-21 "engineered."
1-22 (3) Directly or indirectly, employ, use, cause to be
1-23 used or make use of any letter, abbreviation, word, symbol, slogan,
1-24 sign or any combinations or variations thereof, which in any manner
2-1 whatsoever tends or is likely to create any impression with the
2-2 public or any member thereof that any person is qualified or
2-3 authorized to practice engineering unless such person is duly
2-4 licensed under and practicing in accordance with the provisions of
2-5 this Act.
2-6 (4) Receive any fee or compensation or the promise of
2-7 any fee or compensation for performing, offering or attempting to
2-8 perform any service, work, act or thing which is any part of the
2-9 practice of engineering as defined by this Act.
2-10 (b) Within the intent and meaning and for all purposes of
2-11 this Act, any person, sole proprietorship, firm, partnership,
2-12 association or corporation which shall do, offer or attempt to do
2-13 any one or more of the acts or things set forth in Subsection (a)
2-14 [numbered paragraphs (1), (2), (3) or (4)] of this section [Section
2-15 1.2] shall be conclusively presumed and regarded as engaged in the
2-16 practice of engineering.
2-17 SECTION 2. Section 8(a), The Texas Engineering Practice Act
2-18 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
2-19 as follows:
2-20 (a) In addition to any other powers and duties, the Board
2-21 shall have the authority and power to make and enforce all rules
2-22 and regulations and bylaws consistent with this Act as necessary
2-23 for the performance of its duties, the governance of its own
2-24 proceedings, and the regulation of the practice of engineering in
2-25 this state and may establish standards of conduct and ethics for
2-26 engineers in keeping with the purposes and intent of this Act and
2-27 to insure strict compliance with and enforcement of this Act. The
3-1 violation by any engineer of any provision of this Act or any rule
3-2 or regulation of the Board shall be a sufficient cause to suspend
3-3 or revoke the license of or to issue a formal or informal reprimand
3-4 to such engineer. In addition to any other action, proceeding or
3-5 remedy authorized by law, the Board shall have the right to
3-6 institute an action in its own name in a district court of Travis
3-7 County against any individual person, sole proprietorship, firm,
3-8 partnership, or other entity to enjoin any violation of any
3-9 provision of this Act or any rule or regulation of the Board and in
3-10 order for the Board to sustain such action it shall not be
3-11 necessary to allege or prove, either that an adequate remedy at law
3-12 does not exist, or that substantial or irreparable damage would
3-13 result from the continued violation thereof. Either party to such
3-14 action may appeal to the appellate court having jurisdiction of
3-15 said cause. The Board shall not be required to give any appeal
3-16 bond in any cause arising under this Act. The Attorney General
3-17 shall represent the Board in all actions and proceedings to enforce
3-18 the provisions of this Act.
3-19 SECTION 3. Section 11, The Texas Engineering Practice Act
3-20 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
3-21 as follows:
3-22 Sec. 11. ENGINEER ROSTER [OF LICENSED ENGINEERS]. (a) The
3-23 Board shall prepare and publish a [A] roster [showing the names and
3-24 places] of persons or business entities [of all] licensed,
3-25 registered, certified, or enrolled [professional engineers shall be
3-26 prepared and published] by the Board. The roster shall include
3-27 names, business addresses, and other identifying information
4-1 required by Board rule.
4-2 (b) The Board shall make the roster available to the public
4-3 without cost in an online computer database format.
4-4 (c) The Board shall provide a physical copy of the roster on
4-5 request and may charge [each biennium at a time determined by the
4-6 Board. Copies of this roster shall be furnished without charge to
4-7 any engineer licensed by the Board on the written request of the
4-8 engineer, placed on file with the Secretary of State, and furnished
4-9 to any person upon written request who tenders] a reproduction and
4-10 shipping fee for providing a physical copy of the roster [set by
4-11 the Board].
4-12 SECTION 4. Section 13(b), The Texas Engineering Practice Act
4-13 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
4-14 as follows:
4-15 (b) The Board shall establish reasonable and necessary fees
4-16 for the administration of this Act in amounts not to exceed:
4-17 1. License fee ................................... $50
4-18 2. Annual renewal fee ............................. 75
4-19 3. Reciprocal license fee ......................... 50
4-20 4. Duplicate license .............................. 5
4-21 5. Engineer-in-training certificate ............... 15
4-22 6. Roster of engineers ............................ 10
4-23 7. Examination fee ......................... 200 [120]
4-24 8. Registration fee for engineering firm ......... 100
4-25 SECTION 5. Section 13B(c), The Texas Engineering Practice
4-26 Act (Article 3271a, Vernon's Texas Civil Statutes), is amended to
4-27 read as follows:
5-1 (c) Subsection (a) does not apply to a licensed professional
5-2 engineer who:
5-3 (1) meets the qualifications for an exemption from
5-4 licensure under Section 20(a)(5) or(6) [20(e) or (f)] of this Act
5-5 but who does not claim that exemption; or
5-6 (2) is disabled for purposes of Section 13(e) of this
5-7 Act.
5-8 SECTION 6. Sections 16.1 and 17, The Texas Engineering
5-9 Practice Act (Article 3271a, Vernon's Texas Civil Statutes), are
5-10 amended to read as follows:
5-11 Sec. 16.1. EXPIRATION DATES OF LICENSES AND REGISTRATIONS.
5-12 The board by rule may adopt a system under which licenses and
5-13 registrations expire on various dates during the year, and the
5-14 dates for reinstatement shall be adjusted accordingly.
5-15 Sec. 17. SOLE PROPRIETORSHIPS, FIRMS, PARTNERSHIPS,
5-16 CORPORATIONS, AND JOINT STOCK ASSOCIATIONS. (a) A sole
5-17 proprietorship, firm, [or a] co-partnership, [or a] corporation, or
5-18 [a] joint stock association may engage or offer to engage in the
5-19 practice of professional engineering in this State, provided:
5-20 (1) the entity is registered with the Board; and
5-21 (2) such practice is carried on by only professional
5-22 engineers licensed in this State.
5-23 (b) To be registered under this section, an entity must file
5-24 an application with the Board on a form provided by the Board. In
5-25 addition to any other information required by Board rule, the
5-26 application must list the name and address of each:
5-27 (1) officer or director of the entity; and
6-1 (2) person licensed to practice engineering who
6-2 engages in the practice of engineering on behalf of the entity.
6-3 (c) The registration of an entity issued under this section
6-4 is valid for one year and may be renewed by filing an updated
6-5 application under Subsection (b).
6-6 SECTION 7. Section 18(a), The Texas Engineering Practice Act
6-7 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
6-8 as follows:
6-9 (a) No sole proprietorship, firm, partnership, association,
6-10 corporation or other business entity shall hold itself out to the
6-11 public or any member thereof as being engaged in the practice of
6-12 engineering under any assumed, trade, business, partnership or
6-13 corporate name or employ, use, cause to be used or make use of in
6-14 any manner whatsoever any such words or terms as "engineer,"
6-15 "engineering," "engineering services," "engineering company,"
6-16 "engineering, inc.," "professional engineers," "licensed engineer,"
6-17 "registered engineer," "licensed professional engineer,"
6-18 "registered professional engineer," "engineered," or any
6-19 combinations, abbreviations or variations thereof, or in
6-20 combination with any other words, letters, initials, signs or
6-21 symbols on, in or as a part of, directly or indirectly, any sign,
6-22 directory, listing, contract, document, pamphlet, stationery,
6-23 letterhead, advertisement, signature, trade name, assumed name,
6-24 corporate or other business name unless such sole proprietorship,
6-25 firm, partnership, association, corporation or other business
6-26 entity is registered under Section 17 of this Act and is actually
6-27 and actively engaged in the practice of engineering or offering
7-1 engineering services to the public, and any and all services, work,
7-2 acts or things performed or done by it which constitute any part of
7-3 the practice of engineering are either personally performed or done
7-4 by a licensed engineer or under the direct supervision of a
7-5 licensed engineer who is a regular full-time employee of the sole
7-6 proprietorship, firm, partnership, association, corporation, or
7-7 other business entity.
7-8 SECTION 8. Section 20, The Texas Engineering Practice Act
7-9 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
7-10 as follows:
7-11 Sec. 20. Exemptions. (a) The following persons shall be
7-12 exempt from the licensure provisions of this Act, provided that
7-13 such persons are not directly or indirectly represented or held out
7-14 to the public to be legally qualified to engage in the practice of
7-15 engineering:
7-16 (1) an [(a) An] employee or a subordinate of a person
7-17 holding a license under this Act; provided, his practice does not
7-18 include responsible charge of design or supervision;[.]
7-19 (2) officers [(b) Officers] and employees of the
7-20 Government of the United States while engaged within this state in
7-21 the practice of the profession of engineering for said
7-22 Government;[.]
7-23 (3) a [(c) A] person doing the actual work of
7-24 installing, operating, repairing, or servicing locomotive or
7-25 stationary engines, steam boilers, Diesel engines, internal
7-26 combustion engines, refrigeration compressors and systems, hoisting
7-27 engines, electrical engines, air conditioning equipment and
8-1 systems, or mechanical and electrical, electronic or communications
8-2 equipment and apparatus; this Act may not be construed to prevent
8-3 any citizen from identifying himself in the name and trade of any
8-4 engineers' labor organization with which he may be affiliated,
8-5 however, this exemption may not be construed to permit any person
8-6 other than a licensed professional engineer to affix his signature
8-7 to engineering plans, or specifications and may not be construed to
8-8 permit a person to use the term "engineer" or "engineering" in any
8-9 manner prohibited by this Act;[.]
8-10 (4) a [(d) A] person, sole proprietorship, firm,
8-11 partnership, joint stock association or private corporation,
8-12 erecting, constructing, enlarging, altering or repairing, or
8-13 drawing plans and specifications for: [(1)] any private dwelling,
8-14 or apartments not exceeding eight units per building for one story
8-15 buildings, or apartments not exceeding four units per building and
8-16 having a maximum height of two stories, or garages or other
8-17 structures pertinent to such buildings; or [(2)] private buildings
8-18 which are to be used exclusively for farm, ranch or agricultural
8-19 purposes, or used exclusively for storage of raw agricultural
8-20 commodities; or [(3)] other buildings, except public buildings
8-21 included under Section 19 of this Act, having no more than one
8-22 story and containing no clear span between supporting structures
8-23 greater than 24 feet on the narrow side and having a total floor
8-24 area not in excess of five thousand square feet; provided that on
8-25 unsupported spans greater than 24 feet on such buildings only the
8-26 trusses, beams, or other roof supporting members need to be
8-27 engineered or pre-engineered; provided that no representation is
9-1 made or implied that engineering services have been or will be
9-2 offered to the public;[.]
9-3 (5) any [(e) Any] regular full time employee of a
9-4 private corporation or other private business entity who is engaged
9-5 solely and exclusively in performing services for such corporation
9-6 and/or its affiliates; provided, such employee's services are on,
9-7 or in connection with, property owned or leased by such private
9-8 corporation and/or its affiliates or other private business entity,
9-9 or in which such private corporation and/or its affiliates or other
9-10 business entity has an interest, estate or possessory right, or
9-11 whose services affect exclusively the property, products, or
9-12 interests of such private corporation and/or its affiliates or
9-13 other private business entity; and, provided further, that such
9-14 employee does not have the final authority for the approval of, and
9-15 the ultimate responsibility for, engineering designs, plans or
9-16 specifications pertaining to such property or products which are to
9-17 be incorporated into fixed works, systems, or facilities on the
9-18 property of others or which are to be made available to the general
9-19 public. This exemption includes the use of job titles and
9-20 personnel classifications by such persons not in connection with
9-21 any offer of engineering services to the public, providing that no
9-22 name, title, or words are used which tend to convey the impression
9-23 that an unlicensed person is offering engineering services to the
9-24 public;[.]
9-25 (6) any [(f) Any] regular full time employee of a
9-26 privately owned public utility or cooperative utility and/or
9-27 affiliates who is engaged solely and exclusively in performing
10-1 services for such utility and/or its affiliates; provided, that
10-2 such employee does not have the final authority for the approval
10-3 of, and the ultimate responsibility for engineering designs, plans
10-4 or specifications to be incorporated into fixed works, systems, or
10-5 facilities on the property of others or which are to be made
10-6 available to the general public. This exemption includes the use
10-7 of job titles and personnel classifications by such persons not in
10-8 connection with any offer of engineering services to the public,
10-9 providing that no name, title, or words are used which tend to
10-10 convey the impression that an unlicensed person is offering
10-11 engineering services to the public; or[.]
10-12 (7) qualified [(g) Qualified] scientists engaged in
10-13 scientific research and investigation of the physical or natural
10-14 sciences, including the usual work and activities of
10-15 meteorologists, seismologists, geologists, chemists, geochemists,
10-16 physicists and geophysicists.
10-17 (b) [(h)] Nothing in this Act shall be construed or applied
10-18 so as to prohibit or in any way restrict any person from giving
10-19 testimony or preparing exhibits or documents for the sole purpose
10-20 of being placed in evidence before any administrative or judicial
10-21 tribunal of competent jurisdiction.
10-22 (c) [(i)] Nothing in this Act shall apply to any
10-23 agricultural work being performed in carrying out soil and water
10-24 conservation practices.
10-25 (d) [(j)] This Act shall not be construed as applying to
10-26 operating telephone companies and/or affiliates or their employees
10-27 in respect to any plans, designs, specifications, or services which
11-1 relate strictly to the science and art of telephony. This
11-2 exemption includes the use of job titles and personnel
11-3 classifications by such persons not in connection with any offer of
11-4 engineering services to the public, providing that no name, title,
11-5 or words are used which tend to convey the impression that an
11-6 unlicensed person is offering engineering services to the public.
11-7 (e) [(k)] This Act or a rule adopted under this Act does not
11-8 prevent, limit, or restrict a person licensed as an architect,
11-9 landscape architect, or interior designer under the laws of this
11-10 state from performing an act, service, or work that is within the
11-11 definition of the person's practice as an architect under Chapter
11-12 478, Acts of the 45th Legislature, Regular Session, 1937 (Article
11-13 249a, Vernon's Texas Civil Statutes), as a landscape architect
11-14 under Chapter 457, Acts of the 61st Legislature, Regular Session,
11-15 1969 (Article 249c, Vernon's Texas Civil Statutes), or as an
11-16 interior designer under Article 249e, Revised Statutes.
11-17 (f) [(l)] This Act does not apply to a regular full-time
11-18 employee of a private corporation or other private business entity
11-19 who is engaged in erecting, constructing, enlarging, altering,
11-20 repairing, rehabilitating, or maintaining an improvement to real
11-21 property in accordance with plans and specifications that bear the
11-22 seal of a licensed engineer. This exemption includes the use of
11-23 job titles and personnel classifications by the employee that are
11-24 not in connection with any offer of engineering services to the
11-25 public.
11-26 SECTION 9. (a) Except as provided by Subsection (c) of this
11-27 section, this Act takes effect September 1, 1999.
12-1 (b) The Texas Board of Professional Engineers shall adopt
12-2 rules providing for the registration of engineering entities not
12-3 later than November 1, 1999.
12-4 (c) Sections 17 and 18, The Texas Engineering Practice Act
12-5 (Article 3271a, Vernon's Texas Civil Statutes), as amended by this
12-6 Act, take effect January 1, 2000.
12-7 SECTION 10. The importance of this legislation and the
12-8 crowded condition of the calendars in both houses create an
12-9 emergency and an imperative public necessity that the
12-10 constitutional rule requiring bills to be read on three several
12-11 days in each house be suspended, and this rule is hereby suspended.