HBA-LJP S.B. 1797 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1797
By: Carona
Higher Education
5/5/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, certain persons who are not directly or indirectly
represented or held out to the public to be legally qualified to engage in
the practice of engineering are exempt from the licensure requirements of
engineers under The Texas Engineering Practice Act.  However, faculty
members at an institution of higher education (institution) who perform
research or instructional work within the scope of their employment are not
specifically exempt from these requirements.  As a result, it may be
unclear as to whether these persons are exempt.  Senate Bill 1797 exempts
certain persons employed by an institution who are performing research or
instructional work within the scope of their employment from the licensure
requirements of engineers under The Texas Engineering Practice Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1797 amends The Texas Engineering Practice Act to exempt from
the licensure requirements of engineers under The Texas Engineering
Practice Act persons employed by an institution of higher education
(institution) or a private or independent institution who are performing
research or instructional work within the scope of their employment by the
institution and are not directly or indirectly represented or held out to
the public to be legally qualified to engage in the practice of
engineering. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.