SRC-MWN S.B. 697 77(R)BILL ANALYSIS


Senate Research CenterS.B. 697
By: Wentworth
Business & Commerce
6/5/2001
Enrolled


DIGEST AND PURPOSE 

Licensed professional engineers are one of the few professional or
occupational groups without mandatory continuing education requirements.
The Board of Professional Engineers is authorized to administer a
continuing education program, but participation in the program is
voluntary. S.B. 697 authorizes the Board of Professional Engineers to adopt
rules requiring continuing education and to establish standards for these
rules, including activities for which a licensee is authorized to receive
credit. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of
Professional Engineers in SECTIONS 1 (Section 8, Article 3271a, V.T.C.S.),
2 (Section 13,  Article 3271a, V.T.C.S), and 3 (Section 16.1, Article
3271a, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 8, The Texas Engineering Practice Act (Article
3271a, V.T.C.S.), by amending Subsection (c) and adding Subsection (e) to
read as follows: 

(c)  Authorizes the Texas Board of Professional Engineers (board) by rule
to require, rather than recognize, prepare, or administer, continuing
education for persons regulated by the board under this Act.  Rules adopted
under this subsection cover certain criteria. Deletes reference to
programs. 

(e)  Authorizes the board, at the request of any person, to review a
proposal for the procurement of services issued by a governmental entity
and issue a finding regarding whether the services are within the scope of
the practice of professional engineering for purposes of Chapter 2254A,
Government Code. 

 
SECTION 2.  Amends Section 13, The Texas Engineering Practice Act (Article
3271a, V.T.C.S.), by adding Subsection (f) to require the board by rule to
adopt a registration fee for a sole proprietorship that is equal to not
more than half of the registration fee for other engineering firms. 

SECTION 3.  Amends Section 16.1, The Texas Engineering Practice Act
(Article 3271a, V.T.C.S.), to read as follows: 
 
Sec. 16.1.  EXPIRATION DATES OF LICENSES AND REGISTRATIONS. (a)  Authorizes
the board by rule to adopt a system under which licenses and registrations
expire on various dates during the year, and the dates for reinstatement
shall be adjusted accordingly. 
 
 (b)  Requires the board by rule to adopt a system under which the
registration of a sole proprietorship expires on the same date the sole
proprietor's license expires. 
 
SECTION 4.  Amends Section 20, The Texas Engineering Practice Act (Article
3271a, V.T.C.S.), by amending Subsection (a) and adding Subsections (h) and
(i) to read as follows: 

(a)  Requires certain persons to be exempt from the licensure provisions of
this Act, however, the Board is authorized to require those practicing
engineering in Texas who are exempt and not licensed to register and pay a
fee not to exceed $25, provided that such persons are not directly or
indirectly represented or held out to the public to be legally qualified to
engage in the practice of engineering. 

  (h)  Provides that this Act does not provide or prohibit certain
procedures. 

(i)   Requires the board to develop written guidelines, in consultation
with certain representatives that describe a distinction between
engineering research conducted by faculty at a public or private
institution of higher education and other activities conducted by those
faculty that constitute engineering consulting or the offering of
engineering services to the public.  Provides that the guidelines developed
under this subsection do not affect or apply to research or consulting
performed by private industry. 

SECTION 5.  Prohibits rules adopted under Section 8(c), The Texas
Engineering Practice Act (Article 3271a, V.T.C.S.), as amended by this Act,
from applying to the renewal of a license before January 1, 2004. 

SECTION 6. Effective date:  September 1, 2001.