SRC-EPT, TBR S.B. 1797 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1797
By: Carona
Business & Commerce
6/21/2001
Enrolled


DIGEST AND PURPOSE 

During the 76th Legislature, a bill was passed that has led to the
interpretation that faculty members at a Texas institution of higher
education have to have an engineering license to conduct research or
instructional work.  S.B. 1797 exempts faculty members at Texas
institutions of higher education from engineering licensure requirements in
the scope of their employment by the institution for research or
instructional work. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 20(a), The Texas Engineering Practice Act
(Article 3271a, V.T.C.S.), to add certain persons employed by institutions
of higher education to the list of persons who are exempt from the
licensure provisions of this Act, provided that such specified  persons are
not directly or indirectly represented or held out to the public to be
legally qualified to engage in the practice of engineering. 

SECTION 2.  Amends Section 2(4), The Texas Engineering Practice Act
(Article 3271a, V.T.C.S.), to redefine "practice of engineering" or
"practice of professional engineering." 

SECTION 3.  Amends Section 12(c), The Texas Engineering Practice Act
(Article 3271a, V.T.C.S.), to prohibit engineering teaching, in considering
the qualifications of applicants, from being construed as active practice
in engineering work. 

SECTION 4.  Provides that the change in law made by this Act to Section
12(c), The Texas Engineering Practice Act (Article 3271a, V.T.C.S.),
applies only to a person who begins the teaching of engineering on or after
September 1, 2001.  Provides that a person who has engaged in the teaching
of engineering before that date is governed by the law in effect
immediately before the effective date of this Act, and the former law is
continued in effect for that purpose.  

SECTION 5.  Effective date: upon passage or September 1, 2001.