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.