SRC-VRA S.B. 277 78(R) BILL ANALYSIS
Senate Research Center S.B. 277
78R902 SMH-DBy: Ellis, Rodney
Government Organization
3/31/2003
As Filed
DIGEST AND PURPOSE
The Texas Board of Professional Engineers (TBPE) was established to
license professional engineers, enforce the Texas Engineering Practice
Act, resolve complaints and register engineering firms. As proposed, S.B.
277 continues TBPE for the standard 12-year period and strengthens the
enforcement process to enhance public protection.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the Texas Board of Professional
Engineers is modified in SECTION 11 (Section 1001.203, Occupations Code),
and granted in SECTION 12 (Section 1001.2035, Occupations Code), SECTION
17 (Section 1001.252, Occupations Code), SECTION 21 (Section 1001.304,
Occupations Code), SECTION 26 (Section 1001.405, Occupations Code), and
SECTION 27 (Section 1001.4525, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 1001.005 and 1001.051, Occupations Code, as
follows:
Sec. 1001.005. Continues the Texas Board of Professional Engineers
(TBPE) for the standard 12-year period until September 1, 2015.
Sec. 1001.051. Provides that an exemption under this subchapter applies
only to a person who does not offer, rather than one who is not directly
or indirectly represented, to the public to perform, rather than being
legally qualified to engage in the practice of, engineering services.
SECTION 2. Amends Section 1001.057(c), Occupations Code, to provide that
a person who claims an exemption under this section and who is determined
to have offered to the public to perform engineering services may not
claim an exemption until the 10th anniversary of the date the person made
that offer.
SECTION 3. Amends Section 1001.058(c), Occupations Code, to make
conforming changes.
SECTION 4. Amends Section 1001.101(b), Occupations Code, to update
standard Sunset language requiring appointments to TBPE to be
nondiscriminatory.
SECTION 5. Amends Section 1001.102(a), Occupations Code, to update
standard Sunset language prohibiting certain persons from membership on
TBPE.
SECTION 6. Amends Section 1001.103, Occupations Code, to update standard
Sunset language relating to membership and employee restrictions.
SECTION 7. Amends Section 1001.106, Occupations Code, by amending
Subsection (a) and adding Subsection (c), to update standard Sunset
language relating to grounds for removal of a TBPE member.
SECTION 8. Amends Section 1001.108, Occupations Code, to require the
governor to designate a member of TBPE as the presiding officer of TBPE to
serve in that capacity at the will of the governor. Deletes a reference
to "presiding officer" from text.
SECTION 9. Amends Chapter 1001C, Occupations Code, by adding Section
1001.112, as follows:
Sec. 1001.112. TRAINING. Applies standard Sunset language relating to
training of TBPE members.
SECTION 10. Amends Chapter 1001D, Occupations Code, by adding Sections
1001.1531001.156, as follows:
Sec. 1001.153. DIVISION OF RESPONSIBILITIES. Applies standard Sunset
language to require TBPE to develop policies that clearly separate the
policy-making responsibilities of TBPE members and management
responsibilities of TBPE staff.
Sec. 1001.154. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.
Updates standard Sunset language requiring information on standards of
conduct to be provided to members of TBPE and TBPE staff.
Sec. 1001.155. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. Applies
standard Sunset language requiring the executive director to develop an
equal employment opportunity program.
Sec. 1001.156. INFORMATION ON STATE EMPLOYEE INCENTIVE PROGRAM. Applies
standard Sunset language requiring training on participation in the state
employee incentive program.
SECTION 11. Amends Section 1001.203, Occupations Code, as follows:
(a) Requires TBPE by rule to prescribe standards for compliance with
Chapter 2254A, Government Code.
(b) Provides that except as provided by Subsection (a), TBPE may not
adopt rules restricting advertising or competitive bidding by a license
holder except to prohibit false, misleading, or deceptive practices.
(c) Provides that in its rules to prohibit false, misleading, or
deceptive practices, TBPE may not include certain rules.
SECTION 12. Amends Chapter 1001E, Occupations Code, by adding Section
1001.2035, as follows:
Sec. 1001.2035. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. Requires
TBPE to adopt rules and guidelines as necessary to comply with Chapter 53.
SECTION 13. Amends Section 1001.204(a), Occupations Code, to require TBPE
to establish certain fees in amounts reasonable and necessary to cover the
costs of administering this chapter.
SECTION 14. Amends Section 1001.210, Occupations Code, to require TBPE,
rather than to authorize it, to recognize, prepare, or administer
continuing education programs for its license holders. Requires a license
holder to participate in the programs to the extent required by TBPE to
keep the person's license.
SECTION 15. Amends Chapter 1001E, Occupations Code, by adding Sections
1001.2141001.216, as follows:
Sec. 1001.214. TECHNOLOGY POLICY. Applies standard Sunset language
requiring TBPE to develop and implement a technology policy.
Sec. 1001.215. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION
POLICY. Applies standard Sunset language requiring TBPE to develop and
implement a policy to encourage the use of negotiated rulemaking and
alternative dispute resolution procedures.
Sec. 1001.216. JOINT ADVISORY COMMITTEE ON THE PRACTICE OF ENGINEERING
AND ARCHITECTURE. (a) Provides that the Joint Advisory Committee on the
Practice of Engineering and Architecture is an advisory committee to TBPE
and to the Texas Board of Architectural Examiners (TBAE). Provides that
the advisory committee consists of certain individuals.
(b) Provides that members of the advisory committee serve staggered
six-year terms with the terms of one member appointed by TBPE and one
member appointed by TBAE expiring each odd-numbered year.
(c) Requires the advisory committee to meet at least twice a year.
(d) Requires the advisory committee to work to resolve issues that result
from the overlap between activities that constitute the practice of
engineering and those that constitute the practice of architecture.
Requires the advisory committee to assist each agency in protecting the
public rather than advancing the interests of either agency or the
profession it regulates.
(e) Requires the advisory committee to issue advisory opinions to TBPE
and to TBAA on matters relating to the practice of engineering and the
practice of architecture, including certain factors.
(f) Requires an agency, if the advisory committee issues an advisory
opinion to TBPE or TBAE on a matter, to notify the committee of the final
action taken with regard to the matter. Requires the advisory committee
to consider the action taken by the agency on the matter in any advisory
opinion subsequently issued by the committee on a related matter.
(g) Requires TBPE and TBAE to enter into a memorandum of understanding
regarding the advisory committee that includes the composition and purpose
of the committee.
SECTION 16. Amends Section 1001.251, Occupations Code, by adding
Subsection (c), to require TBPE to maintain on TBPE's Internet website
certain information.
SECTION 17. Amends Sections 1001.252 and 1001.253, Occupations Code, as
follows:
Sec. 1001.252. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND
DISPOSITION. Updates standard Sunset language regarding complaints and
disposition.
Sec. 1001. 253. COMPLAINT INFORMATION. Updates standard Sunset language
requiring information to be maintained on complaints.
SECTION 18. Amends Chapter 1001F, Occupations Code, by adding Sections
1001.254 and 1001.255, as follows:
Sec. 1001.254. STATISTICAL ANALYSIS OF COMPLAINTS. (a) Requires TBPE
to develop and maintain a complaint tracking system to monitor the
processing of complaints filed with TBPE.
(b) Requires TBPE to include with TBPE's annual financial report under
Section 2101.011, Government Code, a statistical analysis of the
complaints filed with TBPE during the preceding year, including certain
information.
Sec. 1001.255. PUBLIC PARTICIPATION. Applies standard Sunset language
providing for public testimony meetings of the policymaking body.
SECTION 19. Amends Section 1001.301, Occupations Code, by amending
Subsections (b) and (c) and adding Subsection (f), as follows:
(b) Makes a conforming change.
(c) Makes a conforming change.
(f) Provides that notwithstanding the other provisions of this chapter, a
person who is exempt from the licensing requirements of this chapter is
not prohibited from using the term "engineer" or a variation or
abbreviation of that term as a professional, business, or commercial
identification, title, name, representation, claim, asset, or means of
advantage or benefit, including on a business card, cover letter, or other
form of correspondence that is made available to the public, if the person
does not offer to the public to perform engineering services. Provides
that this subsection does not authorize a person to use a term listed in
Subsections (b)(2)-(6) or a variation or abbreviation of one of those
terms.
SECTION 20. Amends Section 1001.303, Occupations Code, to update standard
Sunset language relating to an application for licensure.
SECTION 21. Amends Section 1001.304, Occupations Code, by adding
Subsection (d), as follows:
(d) Requires TBPE by rule to ensure that the examination is administered
to applicants with disabilities in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), and its
subsequent amendments.
SECTION 22. Amends Sections 1001.306, 1001.310, and 1001.311, Occupations
Code, to update standard Sunset language requiring notice regarding
examination results to persons seeking TBPE licensure.
Sec. 1001.310. Updates standard Sunset language regarding temporary or
provisional licensure.
Sec. 1001.311. Updates standard Sunset language regarding the application
of a nonresident for licensure.
SECTION 23. Amends Section 1001.351(b), Occupations Code, to require
TBPE, for the year in which the license or registration expiration date is
changed, to prorate license or registration fees on a monthly basis so
that each license or registration holder pays only that portion of the
license or registration fee that is allocable to the number of months
during which the license or registration is valid. Provides that on
renewal of the license or registration on the new expiration date, the
total license or registration renewal fee is payable.
SECTION 24. Amends Sections 1001.352 and 1001.353, Occupations Code, to
update standard Sunset language regarding the notice of license expiration
and the procedure for renewal.
SECTION 25. Amends Chapter 1001H, Occupations Code, by adding Section
1001.354, as follows:
Sec. 1001.354. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.
(a) Authorizes a person who was licensed in this state, moved to another
state, and is currently licensed and has been in practice in the other
state for the two years preceding the date of application to obtain a new
license without reexamination.
(b) Requires the person to pay to TBPE a fee that is equal to two times
the normally required renewal fee for the license.
SECTION 26. Amends Section 1001.405, Occupations Code, by adding
Subsection (g), to authorize TBPE by rule, notwithstanding the other
provisions of this section, to provide that a business entity that has not
previously registered with TBPE and that is engaged in the practice of
engineering in violation of Subsection (b) is not subject to disciplinary
action for the violation if the business entity registers with TBPE not
later than the 30th day after the date TBPE gives written notice to the
business entity of the registration requirement. Provides that this
subsection does not apply to a business entity whose registration has
expired.
SECTION 27. Amends Chapter 1001J, Occupations Code, by adding Sections
1001.45251001.4527, as follows:
Sec. 1001.4525. PROBATION. (a) Authorizes TBPE, if a person's license
suspension is probated, to require the person to perform certain tasks.
(b) Requires TBPE by rule to adopt written guidelines to ensure that
probation is administered consistently.
Sec. 1001.4526. RESTITUTION. (a) Authorizes TBPE, subject to Subsection
(b), to order a person licensed or registered under this chapter to pay
restitution to a consumer as provided in an agreement resulting from an
informal settlement conference instead of or in addition to imposing an
administrative penalty under this chapter.
(b) Provides that the amount of restitution ordered as provided in an
agreement resulting from an informal settlement conference may not exceed
the amount the consumer paid to the person for a service regulated by this
chapter. Provides that the board may not require payment of other damages
or estimate harm in a restitution order.
Sec. 1001.4527. RECUSAL OF BOARD MEMBER. (a) Provides that a TBPE
member who participated in the investigation of a complaint or in informal
settlement negotiations regarding the complaint:
(1) may not participate in the discussion of or vote on the matter at a
board meeting related to the complaint; and
(2) must state at the meeting why the member is prohibited from
participating in the discussion of or voting on the matter.
(b) Requires a statement under Subsection (a)(2) to be entered into the
minutes of the meeting.
SECTION 28. (a) Requires TBPE, not later than January 1, 2004, to adopt
the rules required by Section 1001.2035, Occupations Code, as added by
this Act.
(b) Requires TBPE, not later than September 1, 2005, to adopt the written
guidelines required by Section 1001.4525, Occupations Code, as added by
this Act.
SECTION 29. (a) Effective date: September 1, 2003.
(b) Provides that the changes in law made by Sections 1001.102 and
1001.103, Occupations Code, as amended by this Act, and Section 1001.112,
Occupations Code, as added by this Act, in the prohibitions on or
qualifications of members of the Texas Board of Professional Engineers do
not affect the entitlement of a member serving on the Texas Board of
Professional Engineers immediately before September 1, 2003, to continue
to serve and function as a member of the Texas Board of Professional
Engineers for the remainder of the member's term. Provides that those
changes in law apply only to a member appointed on or after September 1,
2003.
(c) Provides that the change in law made by Section 1001.108, Occupations
Code, as amended by this Act, does not affect the entitlement of a person
who was serving as presiding officer of the Texas Board of Professional
Engineers immediately before September 1, 2003, to continue to serve and
function in that capacity for the remainder of the person's term as
presiding officer. Provides that that change in law applies only to the
designation of a presiding officer of the board after that person's term
as presiding officer expires.
(d) Makes application to the changes in law made by this Act to Chapter
1001, Occupations Code, prospective.