77R12767 SMH-F                          
         By Wentworth                                           S.B. No. 697
         Substitute the following for S.B. No. 697:
         By Wilson                                          C.S.S.B. No. 697
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of professional
 1-3     engineering.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 8, The Texas Engineering Practice Act
 1-6     (Article 3271a, Vernon's Texas Civil Statutes), is amended by
 1-7     amending Subsection (c) and adding Subsection (e) to read as
 1-8     follows:
 1-9           (c)  The Board by rule may require [recognize, prepare, or
1-10     administer] continuing education [programs] for persons regulated
1-11     by the Board under this Act.  Rules adopted under this subsection:
1-12                 (1)  may not require a license holder to obtain more
1-13     than eight hours of continuing education in one year;
1-14                 (2)  shall permit a license holder to certify at the
1-15     time the license is renewed that the license holder has complied
1-16     with the Board's continuing education requirements; and
1-17                 (3)  shall permit a license holder to receive
1-18     continuing education credit for educational, technical, ethical, or
1-19     professional management activities related to the practice of
1-20     engineering, including:
1-21                       (A)  successfully completing or auditing a course
1-22     sponsored by a college or university;
1-23                       (B)  successfully completing a course certified
1-24     by a professional or trade organization;
 2-1                       (C)  attending a seminar, tutorial, short course,
 2-2     correspondence course, videotaped course, or televised course;
 2-3                       (D)  participating in an in-house course
 2-4     sponsored by a corporation or other entity;
 2-5                       (E)  teaching a course described by Paragraphs
 2-6     (A)-(D) of this subdivision;
 2-7                       (F)  writing a published article, paper, or book;
 2-8                       (G)  making or attending a presentation at a
 2-9     meeting of a technical or engineering management society or
2-10     organization or writing a paper presented at such a meeting;
2-11                       (H)  participating in the activities of a
2-12     professional society or association, including serving on a
2-13     committee of the organization; and
2-14                       (I)  engaging in self-directed study.
2-15     [Participation in the programs is voluntary.]
2-16           (e)  At the request of any person, the Board may review a
2-17     proposal for the procurement of services issued by a governmental
2-18     entity and issue a finding regarding whether the services are
2-19     within the scope of the practice of professional engineering for
2-20     purposes of Subchapter A, Chapter 2254, Government Code.
2-21           SECTION 2.  Section 13, The Texas Engineering Practice Act
2-22     (Article 3271a, Vernon's Texas Civil Statutes), is amended by
2-23     adding Subsection (f) to read as follows:
2-24           (f)  The Board by rule may adopt a registration fee for a
2-25     sole proprietorship that is equal to half of the registration fee
2-26     for other engineering firms.
2-27           SECTION 3.  Section 16.1, The Texas Engineering Practice Act
 3-1     (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
 3-2     as follows:
 3-3           Sec. 16.1.  EXPIRATION DATES OF LICENSES AND REGISTRATIONS.
 3-4     (a)  The board by rule may adopt a system under which licenses and
 3-5     registrations expire on various dates during the year, and the
 3-6     dates for reinstatement shall be adjusted accordingly.
 3-7           (b)  The board by rule may adopt a system under which the
 3-8     registration of a sole proprietorship expires on the same date the
 3-9     sole proprietor's license expires.
3-10           SECTION 4.  Section 20, The Texas Engineering Practice Act
3-11     (Article 3271a, Vernon's Texas Civil Statutes), is amended by
3-12     adding Subsection (h) to read as follows:
3-13           (h)  This Act does not:
3-14                 (1)  apply to a sole proprietorship, firm, partnership,
3-15     joint stock association, corporation, or other business entity or
3-16     the entity's employees or contractors to the extent the entity's
3-17     products or services:
3-18                       (A)  are provided or sold to an agency or
3-19     department of the United States government or the government of a
3-20     foreign country and involve the design, development, production,
3-21     sale, or provision of defense products or services;
3-22                       (B)  consist of or support commercial aircraft
3-23     and the entity holds a certificate issued by the Federal Aviation
3-24     Administration under 14 C.F.R. Chapter 21; or
3-25                       (C)  consist of space vehicles or space services
3-26     that are:
3-27                             (i)  subject to licensing or regulation by
 4-1     an agency or department of the United States government under Title
 4-2     14 or 47, Code of Federal Regulations; or
 4-3                             (ii)  for sale or use outside the United
 4-4     States; or
 4-5                 (2)  prohibit the use of the term "engineer" or
 4-6     "engineering" in a job title or personnel classification by an
 4-7     employee or contractor described by Subdivision (1) to the extent
 4-8     that the use  of the title or classification is related to
 4-9     activities  described by that subdivision.
4-10           SECTION 5.  Rules adopted under Section 8(c), The Texas
4-11     Engineering Practice Act (Article 3271a, Vernon's Texas Civil
4-12     Statutes), as amended by this Act, may not apply to the renewal of
4-13     a license before January 1, 2004.
4-14           SECTION 6.  This Act takes effect September 1, 2001.