By:  Lindsay                                          S.B. No. 1451
         2001S0788/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the registration of sole proprietorships and certain
 1-3     firms that practice engineering.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 13, The Texas Engineering Practice Act
 1-6     (Article 3271a, Vernon's Texas Civil Statutes), is amended by
 1-7     adding Subsection (f) to read as follows:
 1-8           (f)  A sole proprietorship or firm that employs fewer than
 1-9     six engineers may not be required to pay a registration fee.
1-10           SECTION 2.  Section 17, The Texas Engineering Practice Act
1-11     (Article 3271a, Vernon's Texas Civil Statutes), is amended by
1-12     adding Subsection (d) to read as follows:
1-13           (d)  Notwithstanding Subsection (a)(1) of this section, a
1-14     sole proprietorship or firm that employs fewer than six engineers
1-15     is not required to register with the Board.
1-16           SECTION 3.  Section 18, The Texas Engineering Practice Act
1-17     (Article 3271a, Vernon's Texas Civil Statutes), is amended by
1-18     amending Subsection (a) and adding Subsection (c) to read as
1-19     follows:
1-20           (a)  No sole proprietorship, firm, partnership, association,
1-21     corporation or other business entity shall hold itself out to the
1-22     public or any member thereof as being engaged in the practice of
1-23     engineering under any assumed, trade, business, partnership or
1-24     corporate name or employ, use, cause to be used or make use of in
1-25     any manner whatsoever any such words or terms as "engineer,"
 2-1     "engineering," "engineering services," "engineering company,"
 2-2     "engineering, inc.," "professional engineers," "licensed engineer,"
 2-3     "registered engineer," "licensed professional engineer,"
 2-4     "registered professional engineer," "engineered," or any
 2-5     combinations, abbreviations or variations thereof, or in
 2-6     combination with any other words, letters, initials, signs or
 2-7     symbols on, in or as a part of, directly or indirectly, any sign,
 2-8     directory, listing, contract, document, pamphlet, stationery,
 2-9     letterhead, advertisement, signature, trade name, assumed name,
2-10     corporate or other business name unless such sole proprietorship,
2-11     firm, partnership, association, corporation or other business
2-12     entity is:
2-13                 (1)  registered under Section 17 of this Act; and
2-14                 (2)  [is] actually and actively engaged in the practice
2-15     of engineering or offering engineering services to the public, and
2-16     any and all services, work, acts or things performed or done by it
2-17     which constitute any part of the practice of engineering are either
2-18     personally performed or done by a licensed engineer or under the
2-19     direct supervision of a licensed engineer who is a regular
2-20     full-time employee of the sole proprietorship, firm, partnership,
2-21     association, corporation, or other business entity.
2-22           (c)  Subsection (a)(1) of this section does not apply to a
2-23     sole proprietorship or firm that employs fewer than six engineers.
2-24           SECTION 4.  This Act takes effect September 1, 2001.