79R10987 MXM-F
By: Driver H.B. No. 1817
Substitute the following for H.B. No. 1817:
By: Hamilton C.S.H.B. No. 1817
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of engineering.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.204(a), Occupations Code, is
amended to read as follows:
(a) The board shall establish the following fees in amounts
reasonable and necessary to cover the costs of administering this
chapter:
(1) license fee;
(2) annual and late renewal fees [fee];
(3) reciprocal license fee;
(4) duplicate license fee;
(5) engineer-in-training certificate fee;
(6) roster of engineers fee;
(7) examination fee;
(8) registration fee for engineering firm; and
(9) inactive status fee.
SECTION 2. Sections 1001.252(l) and (m), Occupations Code,
are amended to read as follows:
(l) For any [frivolous] complaint determined to be
frivolous or without merit, the complaint and other enforcement
case information related to that complaint are confidential. The
information may be used only by the board or by its employees or
agents directly involved in the enforcement process for that
complaint. The information is not subject to discovery, subpoena,
or other disclosure[, the license holder's name and other personal
information on the complaint is not public information and must be
redacted].
(m) Whether [In this section, "frivolous complaint" means]
a complaint is frivolous or without merit for purposes of
Subsection (l) is determined by [that] the executive director and
investigator, with board approval[, determined:
[(1) was made for the purpose of harassment; and
[(2) does not demonstrate harm to any person].
SECTION 3. Sections 1001.353(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) A person who is otherwise eligible to renew a license
may renew an unexpired license by paying the required annual
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 the required
annual [a] renewal fee, a late [that is equal to 1-1/2 times the
normally required] renewal fee, and any applicable increase in fees
as required by Section 1001.206.
(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 the required annual [a] renewal fee, a late [that is equal to
two times the normally required] renewal fee, and any applicable
increase in fees as required by Section 1001.206 for each
delinquent year or part of a year.
SECTION 4. Section 1001.401(b), Occupations Code, is
amended to read as follows:
(b) A plan, specification, plat, or report issued by a
license holder for a project to be constructed or used in this state
must include the license holder's seal placed on the document. A
license holder is not required to use a seal required by this
section if the project is to be constructed or used in another state
or country.
SECTION 5. The changes in law made by this Act relating to
the renewal of a license under Chapter 1001, Occupations Code,
apply only to a license that expires on or after the effective date
of this Act. A license that expires before the effective date of
this Act is governed by the law in effect on the date the license
expired, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2005.