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By: Ellis S.B. No. 277
(In the Senate - Filed March 3, 2003; March 10, 2003, read
first time and referred to Committee on Government Organization;
April 8, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 8, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 277 By: Ratliff
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Board of
Professional Engineers and to the regulation of the practice of
engineering.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1001.005 and 1001.051, Occupations
Code, are amended to read as follows:
Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Engineers is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2015 [2003].
Sec. 1001.051. LIMITATION ON EXEMPTION. An exemption under
this subchapter applies only to a person who does not offer [is not
directly or indirectly represented] to the public to perform [be
legally qualified to engage in the practice of] engineering
services.
SECTION 2. Section 1001.057, Occupations Code, is amended
to read as follows:
Sec. 1001.057. EMPLOYEE OF PRIVATE CORPORATION OR BUSINESS
ENTITY [OR AFFILIATE]. (a) This chapter shall not be construed to
apply to the activities of a private corporation or other business
entity, or the activities of the full-time employees or other
personnel under the direct supervision and control of the business
entity, on or in connection with [A regular full-time employee of a
private business entity is exempt from the licensing requirements
of this chapter if]:
(1) reasonable modifications to existing buildings,
facilities, or other fixtures to real property not accessible to
the general public and which are owned, leased, or otherwise
occupied by the entity [the employee performs services exclusively
for the business entity or an affiliate of that entity]; or
(2) activities related only to the research,
development, design, fabrication, production, assembly,
integration, or service of products manufactured by the entity [the
employee's services:
[(A) are on or in connection with property:
[(i) owned or leased by the business entity
or affiliate; or
[(ii) in which the business entity or
affiliate has an interest, estate, or possessory right; or
[(B) affect exclusively the property, products,
or interests of the business entity or affiliate; and
[(3) the employee does not have the final authority to
approve, or the ultimate responsibility for, engineering designs,
plans, or specifications relating to the property or products that
are to be:
[(A) incorporated into a fixed work, system, or
facility on the property of another; or
[(B) made available to the public].
(b) [This exemption includes the use of a job title or
personnel classification by the employee if the employee does not
use:
[(1) the title or classification in connection with an
offer to the public to perform engineering services; and
[(2) a name, title, or word that tends to convey the
impression that a person not licensed under this chapter is
offering to the public to perform engineering services.
[(c)] A person who claims an exemption under this section
and who is determined to have directly or indirectly represented
the person as legally qualified to engage in the practice of
engineering or who is determined to have violated Section 1001.301
may not claim an exemption until the 10th anniversary of the date
the person made that representation.
(c) This exemption does not prohibit:
(1) a licensed professional engineer who intends to
incorporate manufactured products into a fixed work, system, or
facility that is being designed by the licensee on public property
or the property of others from requiring the manufacturer to have
plans signed and sealed by a licensed professional engineer; or
(2) the board from requiring, by rule, that certain
manufactured products delivered to or used by the public must be
designed and sealed by a licensed professional engineer, if
necessary to protect the public health, safety, and welfare.
(d) For purposes of this section, "products manufactured by
the entity" also includes computer software, firmware, hardware,
semiconductor devices, and the production, exploration, and
transportation of oil and gas and related products.
SECTION 3. Subsections (b) and (c), Section 1001.058,
Occupations Code, are amended to read as follows:
(b) [This exemption includes the use of a job title or
personnel classification by the employee if the employee does not
use:
[(1) the title or classification in connection with an
offer to the public to perform engineering services; and
[(2) a name, title, or word that tends to convey the
impression that a person not licensed under this chapter is
offering to the public to perform engineering services.
[(c)] A person who claims an exemption under this section
and who is determined to have directly or indirectly represented
the person as legally qualified to engage in the practice of
engineering or who is determined to have violated Section 1001.301
may not claim an exemption until the 10th anniversary of the date
the person made that representation.
SECTION 4. Subsection (b), Section 1001.101, Occupations
Code, is amended to read as follows:
(b) Appointments to the board shall be made without regard
to the race, color, disability [creed], sex, religion, age, or
national origin of the appointee.
SECTION 5. Subsection (a), Section 1001.102, Occupations
Code, is amended to read as follows:
(a) A person may not be [is not eligible for appointment as]
a public member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by a [an
occupational] regulatory agency in the field of engineering;
(2) is employed by or participates in the management
of a [an agency or] business entity or other organization regulated
by or receiving money from the board [related to the field of
engineering]; [or]
(3) owns or controls, directly or indirectly, more
than a 10 percent [has a financial] interest [other than as a
consumer] in a business entity or other organization regulated by
or receiving money from the board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses [related to the field of engineering].
SECTION 6. Section 1001.103, Occupations Code, is amended
to read as follows:
Sec. 1001.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.
(a) In this section, "Texas trade association" means a cooperative
and voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(a-1) A person may not be a [A] member [or employee] of the
board and may not be a board employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of engineering
[industry]; or
(2) the person's spouse [related within the second
degree by affinity or consanguinity, as determined under Chapter
573, Government Code, to a person who] is an officer, manager
[employee], or paid consultant of a Texas trade association in the
field of engineering [industry].
(b) A person may not be [serve as] a member of the board or
act as the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the board.
SECTION 7. Section 1001.106, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Sections 1001.101 and
[Section] 1001.102;
(2) does not maintain during service on the board the
qualifications required by Sections 1001.101 and [Section]
1001.102;
(3) is ineligible for membership under Section
1001.102 or [violates a prohibition established by Section]
1001.103; [or]
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during [held in] a calendar year without an excuse approved by a
majority vote of the board[, excluding meetings held while the
person was not a member].
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
SECTION 8. Section 1001.108, Occupations Code, is amended
to read as follows:
Sec. 1001.108. OFFICERS. The governor shall designate a
member of the board as the presiding officer of the board to serve
in that capacity at the will of the governor. The board shall elect
annually from its members [a presiding officer,] an assistant
presiding officer[,] and a secretary.
SECTION 9. Subchapter C, Chapter 1001, Occupations Code, is
amended by adding Section 1001.112 to read as follows:
Sec. 1001.112. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 10. Subchapter D, Chapter 1001, Occupations Code,
is amended by adding Sections 1001.153 through 1001.156 to read as
follows:
Sec. 1001.153. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Sec. 1001.154. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Sec. 1001.155. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT. (a) The executive director or the executive director's
designee shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that
all personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 1001.156. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under Subchapter B, Chapter 2108, Government
Code.
SECTION 11. Section 1001.203, Occupations Code, is amended
to read as follows:
Sec. 1001.203. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The board by rule shall prescribe
standards for compliance with Subchapter A, Chapter 2254,
Government Code [may restrict competitive bidding].
(b) Except as provided by Subsection (a), the [The] board
may not adopt rules [a rule] restricting advertising or competitive
bidding by a license holder [person licensed under this chapter]
except to prohibit false, misleading, or deceptive practices [by
the person].
(c) In its rules to prohibit false, misleading, or deceptive
practices, the [The] board may not include [in its rules to prohibit
false, misleading, or deceptive practices] a rule that:
(1) restricts the [person's] use of any medium for
advertising;
(2) restricts the use of a license holder's [person's]
personal appearance or [use of the person's] voice in an
advertisement;
(3) relates to the size or duration of an
advertisement by the license holder [person]; or
(4) restricts the license holder's [person's]
advertisement under a trade name.
SECTION 12. Subchapter E, Chapter 1001, Occupations Code,
is amended by adding Section 1001.2035 to read as follows:
Sec. 1001.2035. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. The board shall adopt rules and guidelines as
necessary to comply with Chapter 53.
SECTION 13. Subsection (a), Section 1001.204, Occupations
Code, is amended to read as follows:
(a) The board shall establish the following [reasonable and
necessary] fees in amounts reasonable and necessary to cover the
costs of administering [for the administration of] this chapter [in
amounts not to exceed]:
(1) license fee; [ $50]
(2) annual renewal fee; [ $75]
(3) reciprocal license fee; [ $50]
(4) duplicate license fee; [ $5]
(5) engineer-in-training certificate fee; [ $15]
(6) roster of engineers fee; [ $10]
(7) examination fee; and [ $200]
(8) registration fee for engineering firm. [ $100]
SECTION 14. Section 1001.210, Occupations Code, is amended
to read as follows:
Sec. 1001.210. CONTINUING EDUCATION PROGRAMS. The board
shall [may] recognize, prepare, or administer continuing education
programs for its license holders. A license holder must
participate in the programs to the extent required by the board to
keep the person's license [persons regulated by the board under
this chapter. Participation in the programs is voluntary].
SECTION 15. Subchapter E, Chapter 1001, Occupations Code,
is amended by adding Sections 1001.214, 1001.215, and 1001.216 to
read as follows:
Sec. 1001.214. TECHNOLOGY POLICY. The board shall develop
and implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its functions.
The technological solutions must:
(1) ensure that the public is able to find information
about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Sec. 1001.215. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Sec. 1001.216. JOINT ADVISORY COMMITTEE ON THE PRACTICE OF
ENGINEERING AND ARCHITECTURE. (a) The Joint Advisory Committee on
the Practice of Engineering and Architecture is an advisory
committee to the board and to the Texas Board of Architectural
Examiners. The advisory committee consists of:
(1) three members of the board appointed by the board;
and
(2) three members of the Texas Board of Architectural
Examiners appointed by that board.
(b) Members of the advisory committee serve staggered
six-year terms with the terms of one member appointed by the board
and one member appointed by the Texas Board of Architectural
Examiners expiring each odd-numbered year.
(c) The advisory committee shall meet at least twice a year.
(d) The advisory committee shall 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. The advisory committee shall assist each agency in
protecting the public rather than advancing the interests of either
agency or the profession it regulates.
(e) The advisory committee shall issue advisory opinions to
the board and to the Texas Board of Architectural Examiners on
matters relating to the practice of engineering and the practice of
architecture, including:
(1) opinions on whether certain activities constitute
the practice of engineering or the practice of architecture;
(2) specific disciplinary proceedings initiated by
either agency; and
(3) the need for persons working on particular
projects to be licensed by the board or registered by the Texas
Board of Architectural Examiners.
(f) If the advisory committee issues an advisory opinion to
the board or the Texas Board of Architectural Examiners on a matter,
that agency shall notify the committee of the final action taken
with regard to the matter. The advisory committee shall consider
the action taken by the agency on the matter in any advisory opinion
subsequently issued by the committee on a related matter.
(g) The board and the Texas Board of Architectural Examiners
shall enter into a memorandum of understanding regarding the
advisory committee that includes the composition and purpose of the
committee.
SECTION 16. Section 1001.251, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The board shall maintain on the board's Internet
website:
(1) information regarding the procedure for filing a
complaint with the board; and
(2) a form that a person may use to file a complaint
with the board.
SECTION 17. Sections 1001.252 and 1001.253, Occupations
Code, are amended to read as follows:
Sec. 1001.252. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION [COMPLAINTS]. (a) The board shall
adopt rules that permit the board to receive and investigate a
confidential complaint against a license holder or other person who
may have violated this chapter. The board shall maintain the
confidentiality of the complaint during the investigation.
(b) The board by rule shall specify:
(1) the manner by which a person may contact the board
for assistance in filing a complaint;
(2) the place at which a complaint must be filed;
(3) the proper form of a complaint; and
(4) the information that must be included in a
complaint.
(c) The board's procedures must permit a member of the
public who desires to file a complaint to:
(1) speak to an investigator on the staff of the board
if the person desires to do so; or
(2) easily and conveniently access the board's
complaint process without being required to speak to an
investigator on the staff of the board if the person does not desire
to speak to an investigator.
(d) The board shall consider any written grievance against a
license holder or other person filed with the board as a complaint.
(e) A complaint must include information sufficient for the
board to determine whether it has the authority to resolve the
complaint. A complaint that contains sufficient information for
the board to commence an investigation is not required to include
all of the information necessary for the board to determine the
validity of the complaint.
(f) On receipt of a complaint, the board shall determine
whether the board has the authority to resolve the complaint. If
the board does not have the authority to resolve the complaint, the
board shall dismiss the complaint. If the board has the authority
to resolve the complaint, the board shall initiate a disciplinary
proceeding against the person who is the subject of the complaint.
(g) The board by rule shall prescribe a method for
prioritizing complaints for purposes of complaint investigation.
In establishing priorities:
(1) a complaint that alleges an action that could
potentially harm the public takes precedence over a complaint that
does not allege an action that could potentially harm the public;
and
(2) with regard to complaints that do not allege an
action that could potentially harm the public, a complaint filed by
a member of the public takes precedence over a complaint filed by
the staff of the board.
(h) The board's staff is responsible for conducting all
phases of complaint investigation, including gathering evidence
necessary to determine the validity of the complaint.
(i) The board may employ or contract with advisors,
consultants, engineers, or other persons to provide technical
assistance in investigations and disciplinary proceedings. Except
for an action involving fraud, conspiracy, or malice, a person
whose services are obtained by the board under this subsection is
immune from civil liability and may not be subjected to a suit for
damages for any investigation, report, recommendation, statement,
evaluation, finding made, or other action taken in the course of
performing the person's official duties.
(j) The board's staff shall regularly report to the board on
each complaint dismissed by board staff, including:
(1) the name of the complainant;
(2) the name of the person who is the subject of the
complaint;
(3) the basis of the complaint; and
(4) the reason for the dismissal of the complaint.
Sec. 1001.253. COMPLAINT INFORMATION. (a) The board
shall:
(1) assign a number to each complaint filed with the
board; and
(2) ensure that each phase of the processing of a
complaint is appropriately documented.
(b) The board shall maintain a [keep an information] file on
[about] each written complaint [relating to a license holder] filed
with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(c) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
(d) The [(b) If a written complaint relating to a license
holder is filed with the board, the] board, at least quarterly and
until final disposition of the complaint, shall notify the parties
to the complaint of the status of the complaint unless the notice
would jeopardize an undercover investigation.
SECTION 18. Subchapter F, Chapter 1001, Occupations Code,
is amended by adding Sections 1001.254 and 1001.255 to read as
follows:
Sec. 1001.254. STATISTICAL ANALYSIS OF COMPLAINTS.
(a) The board shall develop and maintain a complaint tracking
system to monitor the processing of complaints filed with the
board.
(b) The board shall include with the board's annual
financial report under Section 2101.011, Government Code, a
statistical analysis of the complaints filed with the board during
the preceding year, including:
(1) the number of complaints filed;
(2) a categorization of complaints filed according to
the basis of the complaint and the number of complaints in each
category;
(3) the number of complaints filed by board staff;
(4) the number of complaints filed by persons other
than board staff;
(5) the average length of time required to resolve a
complaint;
(6) the number of complaints resolved and the manner
in which they were resolved, including:
(A) the number of complaints dismissed and the
reasons for dismissal; and
(B) the number of complaints resulting in
disciplinary action, the disciplinary action taken, and whether the
disciplinary action taken was imposed by stipulation, agreed
settlement, consent order, default, or order following a contested
case hearing; and
(7) the number of complaints filed that are
unresolved, the number of those complaints filed by board staff,
the number of those complaints filed by persons other than board
staff, and the average length of time that the unresolved
complaints have been on file.
Sec. 1001.255. PUBLIC PARTICIPATION. The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the board.
SECTION 19. Section 1001.301, Occupations Code, is amended
by amending Subsections (b) and (c) and adding Subsections (f) and
(g) to read as follows:
(b) Except as provided by Subsection (f), a [A] person may
not, unless the person holds a license issued under this chapter,
directly or indirectly use or cause to be used as a professional,
business, or commercial identification, title, name,
representation, claim, asset, or means of advantage or benefit any
of, or a variation or abbreviation of, the following terms:
(1) "engineer";
(2) "professional engineer";
(3) "licensed engineer";
(4) "registered engineer";
(5) "registered professional engineer";
(6) "licensed professional engineer"; or
(7) "engineered."
(c) Except as provided by Subsection (f), a [A] person may
not directly or indirectly use or cause to be used an abbreviation,
word, symbol, slogan, or sign that tends or is likely to create an
impression with the public that the person is qualified or
authorized to engage in the practice of engineering unless the
person holds a license and is practicing under this chapter.
(f) Notwithstanding the other provisions of this chapter, a
regular employee of a business entity who is engaged in engineering
activities but is exempt from the licensing requirements of this
chapter under Sections 1001.057 or 1001.058 is not prohibited from
using the term "engineer" on a business card, cover letter, or other
form of correspondence that is made available to the public if the
person does not:
(1) offer to the public to perform engineering
services; or
(2) use the title in any context outside the scope of
the exemption in a manner that represents an ability or willingness
to perform engineering services or make an engineering judgment
requiring a licensed professional engineer.
(g) Subsection (f) 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. Section 1001.303, Occupations Code, is amended
to read as follows:
Sec. 1001.303. APPLICATION FOR LICENSE. (a) An applicant
for a license under this chapter must submit an [a sworn]
application on a form prescribed and provided by the board.
(b) The application must contain:
(1) personal information about the applicant, as
required by board rule;
(2) a description of the applicant's education;
(3) a detailed summary of the applicant's actual
engineering work;
(4) a description of any engineering license or
registration previously issued to the applicant and any denial,
revocation, or suspension of an engineering license or registration
held by the applicant;
(5) a description of any criminal offense of which the
applicant has been convicted; and
(6) at least three [five] references from engineers
[individuals] having personal knowledge of the applicant's
character, reputation, [and] general suitability for a license, and
[of whom at least three must be engineers having personal knowledge
of the applicant's] engineering experience.
SECTION 21. Section 1001.304, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) The board by rule shall 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. Sections 1001.306, 1001.310, and 1001.311,
Occupations Code, are amended to read as follows:
Sec. 1001.306. EXAMINATION RESULTS. (a) Not later than
the 30th day after the date a person takes a licensing examination
under this chapter, the [The] board shall notify the person [each
examinee] of the results of the [an] examination [not later than the
30th day after the date the examination is administered].
(a-1) If the [an] examination is graded or reviewed by a
[national] testing service:
(1)[,] the board shall notify the person [each
examinee] of the results of the examination not later than the 14th
day after the date the board receives the results from the testing
service; and
(2) if[.
[(b) If the] notice of the examination results [of an
examination] will be delayed for longer than 90 days after the
examination date, the board shall notify the person [each examinee]
of the reason for the delay before the 90th day.
(b) The board may require a testing service to notify a
person of the results of the person's examination.
(c) If requested in writing by a person who fails a
licensing [the] examination administered under this chapter, the
board shall furnish [provide to] the person with an analysis of the
person's performance on the examination.
Sec. 1001.310. TEMPORARY OR PROVISIONAL LICENSE. (a) The
board by rule may adopt standards and procedures for issuing a
temporary or provisional license under this chapter.
(b) The board may issue a provisional license to an
applicant currently licensed in another jurisdiction who seeks a
license in this state and who:
(1) has been licensed in good standing as an engineer
for at least two years in another jurisdiction, including a foreign
country, that has licensing requirements substantially equivalent
to the requirements of this chapter;
(2) has passed a national or other examination
recognized by the board relating to the practice of engineering;
and
(3) is sponsored by a person licensed by the board
under this chapter with whom the provisional license holder will
practice during the time the person holds a provisional license.
(c) The board may waive the requirement of Subsection (b)(3)
for an applicant if the board determines that compliance with that
subsection would be a hardship to the applicant.
(d) A provisional license is valid until the date the board
approves or denies the provisional license holder's application for
a license. The board shall issue a license under this chapter to
the provisional license holder if:
(1) the provisional license holder is eligible to be
licensed under Section 1001.311(b); or
(2) the provisional license holder meets the following
requirements:
(A) the provisional license holder passes an
examination that tests the provisional license holder's knowledge
and understanding of the laws and rules relating to the practice of
engineering in this state;
(B) the board verifies that the provisional
license holder meets the academic and experience requirements for a
license under this chapter; and
(C) the provisional license holder satisfies any
other licensing requirements under this chapter.
(e) The board must approve or deny a provisional license
holder's application for a license not later than the 180th day
after the date the provisional license is issued. The board may
extend the 180-day period if the results of an examination have not
been received by the board before the end of that period.
(f) The board may establish a fee for provisional licenses
in an amount reasonable and necessary to cover the cost of issuing
the license.
Sec. 1001.311. APPLICATION BY NONRESIDENT. (a) A person
who holds a license or certificate of registration issued by
another state or a foreign country may apply for a license in this
state.
(b) The board may waive any prerequisite to obtaining a
license for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a license
issued by another jurisdiction that has licensing requirements
substantially equivalent to those of this state.
SECTION 23. Subsection (b), Section 1001.351, Occupations
Code, is amended to read as follows:
(b) The board by rule may adopt a system under which
licenses and registrations expire on various dates during the year.
For the year in which the license or registration expiration date is
changed, the board shall 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. On renewal of the license or registration on the new
expiration date, the total license or registration renewal fee is
payable [and shall adjust renewal dates accordingly].
SECTION 24. Sections 1001.352 and 1001.353, Occupations
Code, are amended to read as follows:
Sec. 1001.352. NOTICE OF LICENSE EXPIRATION. Not later
than the 30th day [one month] before the [expiration] date [of] a
person's license is scheduled to expire, the board shall send [mail
to the person at the last address the person provided to the board]
written notice of the impending [license] expiration to the person
at the person's last known address according to the records of the
board [date and the amount of the annual renewal fee for the
license].
Sec. 1001.353. PROCEDURE FOR RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the board before the
expiration date of the license. A person whose license has expired
may not engage in activities that require a license until the
license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to 1-1/2 times the normally [the] required renewal fee [and
a penalty fee set by the board].
(c) A person whose license has been expired for more than 90
days but less than two years may renew the license by paying to the
board a renewal fee that is equal to two times the normally required
renewal fee [all unpaid renewal fees and a penalty fee set by the
board].
(d) A person whose license has been expired for two years or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license [that
are in effect at the time the person applies].
SECTION 25. Subchapter H, Chapter 1001, Occupations Code,
is amended by adding Section 1001.354 to read as follows:
Sec. 1001.354. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) 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 may obtain a new license without reexamination.
(b) The person must pay to the board a fee that is equal to
two times the normally required renewal fee for the license.
SECTION 26. Section 1001.405, Occupations Code, is amended
by adding Subsection (g) to read as follows:
(g) Notwithstanding the other provisions of this section,
the board by rule may provide that a business entity that has not
previously registered with the board 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 the board not later than the 30th day after
the date the board gives written notice to the business entity of
the registration requirement. This subsection does not apply to a
business entity whose registration has expired.
SECTION 27. Section 1001.406, Occupations Code, is amended
to read as follows:
Sec. 1001.406. GRADUATE ENGINEERS. (a) A graduate of a
[public] university recognized by the American Association of
Colleges and Universities who has a degree from an engineering
program accredited by the Accreditation Board for Engineering and
Technology (ABET) has the right to:
(1) disclose any college degree received by the
person; and
(2) use the term "graduate engineer" on the person's
stationery or business cards or in personal communications of any
character.
(b) A graduate engineer who is employed in a firm registered
under this chapter and who is working under the direct supervision
of a licensed professional engineer may use the term "engineer" on
the person's stationery or business cards or in personal
communications of any character.
SECTION 28. Subchapter J, Chapter 1001, Occupations Code,
is amended by adding Sections 1001.4525, 1001.4526, and 1001.4527
to read as follows:
Sec. 1001.4525. PROBATION. (a) If a person's license
suspension is probated, the board may require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
(b) The board by rule shall adopt written guidelines to
ensure that probation is administered consistently.
Sec. 1001.4526. RESTITUTION. (a) Subject to Subsection
(b), the board may 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) 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. The board may not require payment of
other damages or estimate harm in a restitution order.
Sec. 1001.4527. RECUSAL OF BOARD MEMBER. (a) A board
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) shall state at the meeting why the member is
prohibited from participating in the discussion of or voting on the
matter.
(b) A statement under Subsection (a)(2) shall be entered
into the minutes of the meeting.
SECTION 29. (a) Not later than January 1, 2004, the Texas
Board of Professional Engineers shall adopt the rules required by
Section 1001.2035, Occupations Code, as added by this Act.
(b) Not later than September 1, 2005, the Texas Board of
Professional Engineers shall adopt the written guidelines required
by Section 1001.4525, Occupations Code, as added by this Act.
SECTION 30. (a) This Act takes effect September 1, 2003.
(b) 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. Those changes in law apply only to
a member appointed on or after September 1, 2003.
(c) 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. 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) The changes in law made by this Act to Chapter 1001,
Occupations Code, relating to the investigation of a complaint
apply only to a complaint filed with the Texas Board of Professional
Engineers on or after the effective date of this Act. A complaint
filed with the board before the effective date of this Act is
governed by the law as it existed immediately before that date, and
the former law is continued in effect for that purpose.
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