1-1                                   AN ACT
 1-2     relating to an exemption from the licensure provisions of The Texas
 1-3     Engineering Practice Act for certain research or instructional
 1-4     work.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsection (a), Section 20, The Texas Engineering
 1-7     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
 1-8     amended to read as follows:
 1-9           (a)  The following persons shall be exempt from the licensure
1-10     provisions of this Act, provided that such persons are not directly
1-11     or indirectly represented or held out to the public to be legally
1-12     qualified to engage in the practice of engineering:
1-13                 (1)  an employee or a subordinate of a person holding a
1-14     license under this Act; provided, his practice does not include
1-15     responsible charge of design or supervision;
1-16                 (2)  officers and employees of the Government of the
1-17     United States while engaged within this state in the practice of
1-18     the profession of engineering for said Government;
1-19                 (3)  a person doing the actual work of installing,
1-20     operating, repairing, or servicing locomotive or stationary
1-21     engines, steam boilers, Diesel engines, internal combustion
1-22     engines, refrigeration compressors and systems, hoisting engines,
1-23     electrical engines, air conditioning equipment and systems, or
1-24     mechanical and electrical, electronic or communications equipment
1-25     and apparatus; this Act may not be construed to prevent any citizen
 2-1     from identifying himself in the name and trade of any engineers'
 2-2     labor organization with which he may be affiliated, however, this
 2-3     exemption may not be construed to permit any person other than a
 2-4     licensed professional engineer to affix his signature to
 2-5     engineering plans, or specifications and may not be construed to
 2-6     permit a person to use the term "engineer" or "engineering" in any
 2-7     manner prohibited by this Act;
 2-8                 (4)  a person, sole proprietorship, firm, partnership,
 2-9     joint stock association or private corporation, erecting,
2-10     constructing, enlarging, altering or repairing, or drawing plans
2-11     and specifications for:  any private dwelling, or apartments not
2-12     exceeding eight units per building for one story buildings, or
2-13     apartments not exceeding four units per building and having a
2-14     maximum height of two stories, or garages or other structures
2-15     pertinent to such buildings; or private buildings which are to be
2-16     used exclusively for farm, ranch or agricultural purposes, or used
2-17     exclusively for storage of raw agricultural commodities; or other
2-18     buildings, except public buildings included under Section 19 of
2-19     this Act, having no more than one story and containing no clear
2-20     span between supporting structures greater than 24 feet on the
2-21     narrow side and having a total floor area not in excess of five
2-22     thousand square feet; provided that on unsupported spans greater
2-23     than 24 feet on such buildings only the trusses, beams, or other
2-24     roof supporting members need to be engineered or pre-engineered;
2-25     provided that no representation is made or implied that engineering
2-26     services have been or will be offered to the public;
 3-1                 (5)  any regular full time employee of a private
 3-2     corporation or other private business entity who is engaged solely
 3-3     and exclusively in performing services for such corporation and/or
 3-4     its affiliates; provided, such employee's services are on, or in
 3-5     connection with, property owned or leased by such private
 3-6     corporation and/or its affiliates or other private business entity,
 3-7     or in which such private corporation and/or its affiliates or other
 3-8     business entity has an interest, estate or possessory right, or
 3-9     whose services affect exclusively the property, products, or
3-10     interests of such private corporation and/or its affiliates or
3-11     other private business entity; and, provided further, that such
3-12     employee does not have the final authority for the approval of, and
3-13     the ultimate responsibility for, engineering designs, plans or
3-14     specifications pertaining to such property or products which are to
3-15     be incorporated into fixed works, systems, or facilities on the
3-16     property of others or which are to be made available to the general
3-17     public.  This exemption includes the use of job titles and
3-18     personnel classifications by such persons not in connection with
3-19     any offer of engineering services to the public, providing that no
3-20     name, title, or words are used which tend to convey the impression
3-21     that an unlicensed person is offering engineering services to the
3-22     public;
3-23                 (6)  any regular full time employee of a privately
3-24     owned public utility or cooperative utility and/or affiliates who
3-25     is engaged solely and exclusively in performing services for such
3-26     utility and/or its affiliates; provided, that such employee does
 4-1     not have the final authority for the approval of, and the ultimate
 4-2     responsibility for engineering designs, plans or specifications to
 4-3     be incorporated into fixed works, systems, or facilities on the
 4-4     property of others or which are to be made available to the general
 4-5     public.  This exemption includes the use of job titles and
 4-6     personnel classifications by such persons not in connection with
 4-7     any offer of engineering services to  the public, providing that no
 4-8     name, title, or words are used which tend to convey the impression
 4-9     that an unlicensed person is offering engineering services to the
4-10     public; [or]
4-11                 (7)  qualified scientists engaged in scientific
4-12     research and investigation of the physical or natural sciences,
4-13     including the usual work and activities of meteorologists,
4-14     seismologists, geologists, chemists, geochemists, physicists and
4-15     geophysicists; or
4-16                 (8)  persons employed by an institution of higher
4-17     education or a private or independent institution of higher
4-18     education, as those terms are defined by Section 61.003, Education
4-19     Code, who are performing research or instructional work within the
4-20     scope of their employment by the institution.
4-21           SECTION 2.  Subdivision (4), Section 2, The Texas Engineering
4-22     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
4-23     amended to read as follows:
4-24                 (4)  "Practice of engineering," or "practice of
4-25     professional engineering" shall mean any service or creative work,
4-26     either public or private, the adequate performance of which
 5-1     requires engineering education, training and experience in the
 5-2     application of special knowledge or judgment of the mathematical,
 5-3     physical, or engineering sciences to such services or creative
 5-4     work.
 5-5           To the extent the following services or types of creative
 5-6     work meet this definition, the term includes consultation,
 5-7     investigation, evaluation, analysis, planning, engineering for
 5-8     program management, providing an expert engineering opinion or
 5-9     testimony, engineering for testing or evaluating materials for
5-10     construction and other engineering uses, and mapping; design,
5-11     conceptual design, or conceptual design coordination of engineering
5-12     works and systems; development or optimization of plans and
5-13     specifications for engineering works and systems; planning the use
5-14     or alteration of land and water or the design or analysis of works
5-15     or systems for the use or alteration of land and water; [teaching
5-16     advanced engineering subjects;] performing engineering surveys and
5-17     studies; engineering for construction, alteration, or repair of
5-18     real property; engineering for preparation of operating and
5-19     maintenance manuals; and engineering for review of the construction
5-20     or installation of engineered works to monitor compliance with
5-21     drawings and specifications.
5-22           The activities included in the practice of engineering
5-23     include services, designs, analyses, or other work performed for a
5-24     public or private entity in connection with utilities, structures,
5-25     buildings, machines, equipment, processes, systems, works,
5-26     projects, and industrial or consumer products or equipment of a
 6-1     mechanical, electrical, electronic, chemical, hydraulic, pneumatic,
 6-2     geotechnical, or thermal nature and include other professional
 6-3     services necessary for the planning, progress, and completion of
 6-4     any engineering service.
 6-5           In this subdivision:
 6-6                       (A)  "Design coordination" includes the review
 6-7     and coordination of technical submissions prepared by others,
 6-8     including the work of other professionals working with or under the
 6-9     direction of an engineer with due professional regard for the
6-10     abilities of all professional parties involved in a
6-11     multidisciplinary effort.
6-12                       (B)  "Engineering surveys" includes all survey
6-13     activities required to support the sound conception, planning,
6-14     design, construction, maintenance, and operation of an engineered
6-15     project, but does not include the surveying of real property and
6-16     other activities regulated under the Professional Land Surveying
6-17     Practices Act (Article 5282c, Vernon's Texas Civil Statutes).
6-18           SECTION 3.  Subsection (c), Section 12, The Texas Engineering
6-19     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
6-20     amended to read as follows:
6-21           (c)  In considering the qualifications of applicants,
6-22     [responsible charge of] engineering teaching may not be construed
6-23     as active practice in [responsible charge of] engineering work.
6-24     The mere execution, as a contractor, of work designed by a
6-25     professional engineer, or the supervision of the construction of
6-26     such work as foreman or superintendent shall not be deemed to be
 7-1     active practice in engineering work.
 7-2           SECTION 4.  The change in law made by this Act to Subsection
 7-3     (c), Section 12, The Texas Engineering Practice Act (Article 3271a,
 7-4     Vernon's Texas Civil Statutes), applies only to a person who begins
 7-5     the teaching of engineering on or after September 1, 2001.  A
 7-6     person who has engaged in the teaching of engineering before that
 7-7     date is governed by the law in effect immediately before the
 7-8     effective date of this Act, and the former law is continued in
 7-9     effect for that purpose.
7-10           SECTION 5.  This Act takes effect immediately if it receives
7-11     a vote of two-thirds of all the members elected to each house, as
7-12     provided by Section 39, Article III, Texas Constitution.  If this
7-13     Act does not receive the vote necessary for immediate effect, this
7-14     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1797 passed the Senate on
         May 1, 2001, by the following vote:  Yeas 30, Nays 0, one present
         not voting; and that the Senate concurred in House amendment on
         May 24, 2001, by the following vote:  Yeas 30, Nays 0, one present
         not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1797 passed the House, with
         amendment, on May 18, 2001, by the following vote:  Yeas 140,
         Nays 0, two present not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor