By Brimer                                             H.B. No. 1338
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain exemptions from the Texas Engineering Practice
 1-3     Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 20, Texas Engineering Practice Act
 1-6     (Article 3271a Vernon's Texas Civil Statutes), is amended by adding
 1-7     Subdivision (8):
 1-8           Sec. 20. (a)  The following persons shall be exempt from the
 1-9     licensure provisions of this Act, provided that such persons are
1-10     not directly or indirectly represented or held out to the public to
1-11     be legally qualified to engage in the practice of engineering:
1-12                 (1)  an employee or a subordinate of a person holding a
1-13     license under this Act; provided, his practice does not include
1-14     responsible charge of design or supervision;
1-15                 (2)  officers and employees of the Government of the
1-16     United States while engaged within this state in the practice of
1-17     the profession of engineering for said Government;
1-18                 (3)  a person doing the actual work of installing,
1-19     operating, repairing, or servicing locomotive or stationary
1-20     engines, steam boilers, Diesel engines, internal combustion
1-21     engines, refrigeration compressors and systems, hoisting engines,
1-22     electrical engines, air conditioning equipment and systems, or
 2-1     mechanical and electrical, electronic or communications equipment
 2-2     and apparatus; this Act may not be construed to prevent any citizen
 2-3     from identifying himself in the name and trade of any engineers'
 2-4     labor organization with which he may be affiliated, however, this
 2-5     exemption may not be construed to permit any person other than a
 2-6     licensed professional engineer to affix his signature to
 2-7     engineering plans, or specifications and may not be construed to
 2-8     permit a person to use the term "engineer" or "engineering" in any
 2-9     manner prohibited by this Act;
2-10                 (4)  a person, sole proprietorship, firm, partnership,
2-11     joint stock association or private corporation, erecting,
2-12     constructing, enlarging, altering or repairing, or drawing plans
2-13     and specifications for:  any private dwelling, or apartments not
2-14     exceeding eight units per building for one story buildings, or
2-15     apartments not exceeding four units per building and having a
2-16     maximum height of two stories, or garages or other structures
2-17     pertinent to such buildings; or private buildings which are to be
2-18     used exclusively for farm, ranch or agricultural purposes, or used
2-19     exclusively for storage of raw agricultural commodities; or other
2-20     buildings, except public buildings included under Section 19 of
2-21     this Act, having no more than one story and containing no clear
2-22     span between supporting structures greater than 24 feet on the
2-23     narrow side and having a total floor area not in excess of five
2-24     thousand square feet; provided that on unsupported spans greater
2-25     than 24 feet on such buildings only the trusses, beams, or other
2-26     roof supporting members need to be engineered or pre-engineered;
 3-1     provided that no representation is made or implied that engineering
 3-2     services have been or will be offered to the public;
 3-3                 (5)  any regular full time employee of a private
 3-4     corporation or other private business entity who is engaged solely
 3-5     and exclusively in performing services for such corporation and/or
 3-6     its affiliates; provided, such employee's services are on, or in
 3-7     connection with, property owned or leased by such private
 3-8     corporation and/or its affiliates or other private business entity,
 3-9     or in which such private corporation and/or its affiliates or other
3-10     business entity has an interest, estate or possessory right, or
3-11     whose services affect exclusively the property, products, or
3-12     interests of such private corporation and/or its affiliates or
3-13     other private business entity; and, provided further, that such
3-14     employee does not have the final authority for the approval of, and
3-15     the ultimate responsibility for, engineering designs, plans or
3-16     specifications pertaining to such property or products which are to
3-17     be incorporated into fixed works, systems, or facilities on the
3-18     property of others or which are to be made available to the general
3-19     public.  This exemption includes the use of job titles and
3-20     personnel classifications by such persons not in connection with
3-21     any offer of engineering services to the public, providing that no
3-22     name, title, or words are used which tend to convey the impression
3-23     that an unlicensed person is offering engineering services to the
3-24     public;
3-25                 (6)  any regular full time employee of a privately
3-26     owned public utility or cooperative utility and/or affiliates who
 4-1     is engaged solely and exclusively in performing services for such
 4-2     utility and/or its affiliates; provided, that such employee does
 4-3     not have the final authority for the approval of, and the ultimate
 4-4     responsibility for engineering designs, plans or specifications to
 4-5     be incorporated into fixed works, systems, or facilities on the
 4-6     property of others or which are to be made available to the general
 4-7     public.  This exemption includes the use of job titles and
 4-8     personnel classifications by such persons not in connection with
 4-9     any offer of engineering services to the public, providing that no
4-10     name, title, or words are used which tend to convey the impression
4-11     that an unlicensed person is offering engineering services to the
4-12     public; [or]
4-13                 (7)  qualified scientists engaged in scientific
4-14     research and investigation of the physical or natural sciences,
4-15     including the usual work and activities of meteorologists,
4-16     seismologists, geologists, chemists, geochemists, physicists and
4-17     geophysicists[.]; or
4-18                 (8)  qualified scientist engaged in the polymeric
4-19     sciences.