1-1     By:  Carona                                           S.B. No. 1797
 1-2           (In the Senate - Filed April 6, 2001; April 10, 2001, read
 1-3     first time and referred to Committee on Business and Commerce;
 1-4     April 26, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 26, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to an exemption from the licensure provisions of The Texas
 1-9     Engineering Practice Act for certain research or instructional
1-10     work.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (a), Section 20, The Texas Engineering
1-13     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
1-14     amended to read as follows:
1-15           (a)  The following persons shall be exempt from the licensure
1-16     provisions of this Act, provided that such persons are not directly
1-17     or indirectly represented or held out to the public to be legally
1-18     qualified to engage in the practice of engineering:
1-19                 (1)  an employee or a subordinate of a person holding a
1-20     license under this Act; provided, his practice does not include
1-21     responsible charge of design or supervision;
1-22                 (2)  officers and employees of the Government of the
1-23     United States while engaged within this state in the practice of
1-24     the profession of engineering for said Government;
1-25                 (3)  a person doing the actual work of installing,
1-26     operating, repairing, or servicing locomotive or stationary
1-27     engines, steam boilers, Diesel engines, internal combustion
1-28     engines, refrigeration compressors and systems, hoisting engines,
1-29     electrical engines, air conditioning equipment and systems, or
1-30     mechanical and electrical, electronic or communications equipment
1-31     and apparatus; this Act may not be construed to prevent any citizen
1-32     from identifying himself in the name and trade of any engineers'
1-33     labor organization with which he may be affiliated, however, this
1-34     exemption may not be construed to permit any person other than a
1-35     licensed professional engineer to affix his signature to
1-36     engineering plans, or specifications and may not be construed to
1-37     permit a person to use the term "engineer" or "engineering" in any
1-38     manner prohibited by this Act;
1-39                 (4)  a person, sole proprietorship, firm, partnership,
1-40     joint stock association or private corporation, erecting,
1-41     constructing, enlarging, altering or repairing, or drawing plans
1-42     and specifications for:  any private dwelling, or apartments not
1-43     exceeding eight units per building for one story buildings, or
1-44     apartments not exceeding four units per building and having a
1-45     maximum height of two stories, or garages or other structures
1-46     pertinent to such buildings; or private buildings which are to be
1-47     used exclusively for farm, ranch or agricultural purposes, or used
1-48     exclusively for storage of raw agricultural commodities; or other
1-49     buildings, except public buildings included under Section 19 of
1-50     this Act, having no more than one story and containing no clear
1-51     span between supporting structures greater than 24 feet on the
1-52     narrow side and having a total floor area not in excess of five
1-53     thousand square feet; provided that on unsupported spans greater
1-54     than 24 feet on such buildings only the trusses, beams, or other
1-55     roof supporting members need to be engineered or pre-engineered;
1-56     provided that no representation is made or implied that engineering
1-57     services have been or will be offered to the public;
1-58                 (5)  any regular full time employee of a private
1-59     corporation or other private business entity who is engaged solely
1-60     and exclusively in performing services for such corporation and/or
1-61     its affiliates; provided, such employee's services are on, or in
1-62     connection with, property owned or leased by such private
1-63     corporation and/or its affiliates or other private business entity,
1-64     or in which such private corporation and/or its affiliates or other
 2-1     business entity has an interest, estate or possessory right, or
 2-2     whose services affect exclusively the property, products, or
 2-3     interests of such private corporation and/or its affiliates or
 2-4     other private business entity; and, provided further, that such
 2-5     employee does not have the final authority for the approval of, and
 2-6     the ultimate responsibility for, engineering designs, plans or
 2-7     specifications pertaining to such property or products which are to
 2-8     be incorporated into fixed works, systems, or facilities on the
 2-9     property of others or which are to be made available to the general
2-10     public.  This exemption includes the use of job titles and
2-11     personnel classifications by such persons not in connection with
2-12     any offer of engineering services to the public, providing that no
2-13     name, title, or words are used which tend to convey the impression
2-14     that an unlicensed person is offering engineering services to the
2-15     public;
2-16                 (6)  any regular full time employee of a privately
2-17     owned public utility or cooperative utility and/or affiliates who
2-18     is engaged solely and exclusively in performing services for such
2-19     utility and/or its affiliates; provided, that such employee does
2-20     not have the final authority for the approval of, and the ultimate
2-21     responsibility for engineering designs, plans or specifications to
2-22     be incorporated into fixed works, systems, or facilities on the
2-23     property of others or which are to be made available to the general
2-24     public.  This exemption includes the use of job titles and
2-25     personnel classifications by such persons not in connection with
2-26     any offer of engineering services to  the public, providing that no
2-27     name, title, or words are used which tend to convey the impression
2-28     that an unlicensed person is offering engineering services to the
2-29     public; [or]
2-30                 (7)  qualified scientists engaged in scientific
2-31     research and investigation of the physical or natural sciences,
2-32     including the usual work and activities of meteorologists,
2-33     seismologists, geologists, chemists, geochemists, physicists and
2-34     geophysicists; or
2-35                 (8)  persons employed by an institution of higher
2-36     education or a private or independent institution of higher
2-37     education, as those terms are defined by Section 61.003, Education
2-38     Code, who are performing research or instructional work within the
2-39     scope of their employment by the institution.
2-40           SECTION 2.  This Act takes effect immediately if it receives
2-41     a vote of two-thirds of all the members elected to each house, as
2-42     provided by Section 39, Article III, Texas Constitution.  If this
2-43     Act does not receive the vote necessary for immediate effect, this
2-44     Act takes effect September 1, 2001.
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