By: Wentworth S.B. No. 648
(In the Senate - Filed February 21, 2003; February 27, 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 6, Nays 0;
April 8, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 648 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of professional
engineering.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. Subchapter B, Chapter 1001, Occupations Code, is
amended by adding Section 1001.065 to read as follows:
Sec. 1001.065. CERTAIN AEROSPACE AND DEFENSE ACTIVITIES.
This chapter does not:
(1) apply to a sole proprietorship, firm, partnership,
joint stock association, corporation, or other business entity or
the entity's employees or contractors to the extent the entity's
products or services:
(A) are provided or sold to an agency or
department of the United States or the government of a foreign
country and involve the design, development, production, sale, or
provision of defense products or services;
(B) consist of or support commercial aircraft and
the entity holds a certificate issued by the Federal Aviation
Administration under Title 14, Code of Federal Regulations, Part
21; or
(C) consist of space vehicles or space services
that are:
(i) subject to licensing or regulation by
an agency or department of the United States under Title 14, 47, or
48, Code of Federal Regulations; or
(ii) for sale or use outside the United
States; or
(2) prohibit the use of the term "engineer" or
"engineering" in a job title or personnel classification by an
employee or contractor described by Subdivision (1) to the extent
that the use of the title or classification is related to activities
described by that subdivision.
SECTION 4. Subsection (a), Section 1001.101, Occupations
Code, is amended to read as follows:
(a) The Texas Board of Professional Engineers consists of
nine members appointed by the governor with the advice and consent
of the senate as follows:
(1) six professional engineers, four of whom must
represent the private or consulting practice of engineering; and
(2) three members who represent the public.
SECTION 5. Section 1001.210, Occupations Code, is amended
to read as follows:
Sec. 1001.210. CONTINUING EDUCATION REQUIREMENTS
[PROGRAMS]. (a) The board by rule may require [recognize,
prepare, or administer] continuing education [programs] for
persons regulated by the board under this chapter.
(b) The board may not require a license holder to obtain
more than 15 hours of continuing education annually. The board
shall permit a license holder to certify at the time the license is
renewed that the license holder has complied with the board's
continuing education requirements.
(c) The board shall permit a license holder to receive
continuing education credit for educational, technical, ethical,
or professional management activities related to the practice of
engineering, including:
(1) successfully completing or auditing a course
sponsored by an institution of higher education;
(2) successfully completing a course certified by a
professional or trade organization;
(3) attending a seminar, tutorial, short course,
correspondence course, videotaped course, or televised course;
(4) participating in an in-house course sponsored by a
corporation or other business entity;
(5) teaching a course described by Subdivisions
(1)-(4);
(6) publishing an article, paper, or book on the
practice of engineering;
(7) making or attending a presentation at a meeting of
a technical or engineering management society or organization or
writing a paper presented at such a meeting;
(8) participating in the activities of a professional
society or association, including serving on a committee of the
organization; and
(9) engaging in self-directed study [Participation in
the programs is voluntary].
SECTION 6. 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 7. Section 1001.405, Occupations Code, is amended
by amending Subsection (d) and by adding Subsection (g) to read as
follows:
(d) Except as provided by Subsection (g), the [The]
registration of a business entity issued under this section expires
on the first anniversary of the date the registration is issued.
The registration may be renewed by the filing of an updated
application under Subsection (c).
(g) The registration of a sole proprietorship expires on the
date that the sole proprietor's license expires.
SECTION 8. Section 1001.407, Occupations Code, is amended
to read as follows:
Sec. 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS. The
state or a political subdivision of the state may not construct a
public work involving engineering in which the public health,
welfare, or safety is involved, unless:
(1) the engineering plans, specifications, and
estimates have been prepared by an engineer; and
(2) the [engineering] construction or installation of
engineered works is monitored by an engineer to confirm general
compliance with the plans and specifications [is to be performed
under the direct supervision of an engineer].
SECTION 9. 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) The board
shall prepare a written advisory opinion answering the request of a
person for an opinion about the application of this chapter to the
person in regard to a specified existing or hypothetical factual
situation.
(b) A request for an opinion under Subsection (a) must be
made to the board in writing in the manner prescribed by the board.
Except as provided by Subsection (c), the board shall issue the
advisory opinion not later than the 60th day after the date on which
the board receives the request.
(c) The board by majority vote may extend the period
available to issue an opinion by 30 days. The board may not extend
the period more than twice.
Sec. 1001.602. OPINION ISSUED ON INITIATIVE OF BOARD. On
its own initiative, the board may issue a written advisory opinion
about the application of this chapter if a majority of the board
determines that an opinion would be in the public interest or in the
interest of any person under the jurisdiction of the board.
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.
Sec. 1001.604. OPINION BY OTHER GOVERNMENTAL ENTITY
CONTROLLING. 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 10. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2003.
(b) Subsection (g), Section 1001.405, Occupations Code, as
added by this Act, applies only to an initial or renewal
registration of a sole proprietorship with the Texas Board of
Professional Engineers on or after the effective date of this Act.
(c) 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.
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