BILL ANALYSIS

 

 

                                                                                                                                             H.B. 899

                                                                                                                               By: Smith, Wayne

                                                                                             Licensing & Administrative Procedures

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Engineering Practice Act has been amended several times since its inception causing conflicts within the Act as well as the Texas Board of Professional Engineers' status as a self-directed, semi-independent agency.

 

HB 899 updates provisions relating to the Texas Board of Professional Engineers. The bill removes conflicting statutory language, adds a member to the board, transfers some duties to the new board member, reduces the professional fee for license holders over 65 years of age, clarifies results to be reported to licensing candidates, and removes prohibitions on reporting investigation results by a board member to other board members.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.   Amends Sections 1001.107(a) and (b), Occupations Code, to make changes that                            conform to per diem authorizations for Board members per Section 9-4.04 of the                           General Appropriations Act.  Deletes existing text restricting certain                                                 reimbursements for travel expenses that are inconsistent with the General                                             Appropriations Act.

 

SECTION 2.  Amends Section 1001.108, Occupations Code, to require the Board to elect a                                 treasurer from its members.

 

SECTION 3.  Amends Sections 1001.109 (b) and (c), Occupations Code,  to require that the                                elected treasurer account for the monies of the Board and providing that the                                  treasurer may receive a salary.

 

SECTION 4.  Amends Section 1001.206(c), Occupations Code, to provide for an exemption                                from the license fee increase for license holders that are 65 years of age or older.

 

SECTION 5.  Amends Section 1001.306, Occupations Code, by adding Subsection (d) to require                        the Board to report numerical scores for examinations and indicate whether the                                    person passed or failed the examination.

 

SECTION 6.  Amends Section 1001.401, Occupations Code, by adding Subsection (d) to                                                provide that a license holder not be required to use a seal for a project for which                            the license holder is not required to hold a license under Subchapter B.

 

SECTION 7.  Amends Section 1001.4527(a), Occupations Code, to permit a Board member who                        has participated in an investigation to participate in a discussion of the matter at a                                Board meeting.

           

SECTION 8.  Transition language stating that the change in law does not affect applications filed            before the effective date.

 

SECTION 9.  Effective date:  September 1, 2007.

 

EFFECTIVE DATE

 

September 1, 2007.