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Amend SB 277 by adding four new SECTIONS, appropriately
numbered, to read as follows:
SECTION _____. Subsection (e), Section 1001.004, Occupations
Code, is amended to read as follows:
(e) This chapter does not:
(1) prevent a person from identifying the person in the
name and trade of any engineers' labor organization with which the
person is affiliated;
(2) prohibit or otherwise restrict a person from giving
testimony or preparing an exhibit or document for the sole purpose
of being placed in evidence before an administrative or judicial
tribunal, subject to the board's disciplinary powers under
Subchapter J regarding negligence, incompetency, or misconduct in
the practice of engineering;
(3) repeal or amend a law affecting or regulating a
licensed state land surveyor; or
(4) affect or prevent the practice of any other legally
recognized profession by a member of the profession who is licensed
by the state or under the state's authority.
SECTION _____. Section 1001.402, Occupations Code, is
amended to read as follows:
Sec. 1001.402. ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS. A
public official of the state or of a political subdivision of the
state who is responsible for enforcing laws that affect the
practice of engineering may accept a plan, specification, or other
related document that requires the application of engineering
judgment only if the plan, specification, or other document was
prepared by an engineer, as evidenced by the engineer's seal.
SECTION _____. Section 1001.053, Occupations Code, is
amended to read as follows:
Sec. 1001.053. PUBLIC WORKS. The following work is exempt
from this chapter:
(1) a public work that involves structural, electrical,
or mechanical engineering, if the contemplated expense for the
completed project is $8,000 or less; or
(2) a public work that does not involve structural,
electrical, or mechanical engineering, if the contemplated expense
for the completed project is $20,000 or less [; or]
[(3) road maintenance or improvement undertaken by the
commissioners court of a county].
SECTION _____. Chapter 1001, Occupations Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. ADVISORY OPINIONS
Sec. 1001.601. BOARD ADVISORY OPINIONS. (a) On its own
initiative or at the request of any interested person, the board
shall prepare a written advisory opinion about an interpretation of
this chapter or the application of this chapter to a person in
regard to a specified existing or hypothetical factual situation.
The board shall respond to requests for opinions within 180 days or
affirmatively state its reason for not responding to the request.
Sec. 1001.603. MAINTENANCE OF OPINIONS; SUMMARY. The board
shall:
(1) number and classify each advisory opinion issued
under this subchapter; and
(2) annually compile a summary of the opinions in a
single reference document that is available on the internet.
Sec. 1001.604. ATTORNEY GENERAL'S OPINIONS. The authority of
the board to issue an advisory opinion under this subchapter does
not affect the authority of the attorney general to issue an opinion
as authorized by law.
Sec. 1001.605. RELIANCE ON ADVISORY OPINION. It is a defense
to prosecution or to imposition of a civil penalty that a person
reasonably relied on a written advisory opinion of the board
relating to:
(1) the provision of the law the person is alleged to
have violated; or
(2) a fact situation that is substantially similar to
the fact situation in which the person is involved.
SECTION _____. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2003.
(b) The Texas Board of Professional Engineers is not required
to issue an advisory opinion under Subchapter M, Chapter 1001,
Occupations Code, as added by this Act, before January 1, 2004.