By: Smith of Harris (Senate Sponsor - Deuell) H.B. No. 899
         (In the Senate - Received from the House March 26, 2007;
  March 29, 2007, read first time and referred to Committee on
  Business and Commerce; April 27, 2007, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 8,
  Nays 0; April 27, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 899 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the operation and functions of the Texas Board of
  Professional Engineers and the regulation of the practice of
  engineering.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1001.107, Occupations Code, is amended
  to read as follows:
         Sec. 1001.107.  PER DIEM[; REIMBURSEMENT].  [(a)] A board
  member is entitled to receive a per diem as set by the General
  Appropriations Act for each day that the member engages in the
  business of the board.
         [(b)     A board member may not receive reimbursement for travel
  expenses, including expenses for meals and lodging, other than
  transportation expenses. A member is entitled to reimbursement for
  transportation expenses as provided by the General Appropriations
  Act.]
         SECTION 2.  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 an assistant presiding officer, a
  treasurer, and a secretary.
         SECTION 3.  Section 1001.206(c), Occupations Code, is
  amended to read as follows:
         (c)  The fee increase imposed by Subsection (a) does not
  apply to an engineer who:
               (1)  meets the qualifications for an exemption under
  Section 1001.057 or 1001.058 but does not claim that exemption;
               (2)  is disabled as described by Section 1001.205; [or]
               (3)  is on inactive status as provided by Section
  1001.355; or
               (4)  is 65 years of age or older.
         SECTION 4.  Section 1001.306, Occupations Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  Examination results reported under this section must
  include a numerical score and an indication of whether the person
  passed or failed the examination.
         SECTION 5.  Section 1001.355(a), Occupations Code, is
  amended to read as follows:
         (a)  An engineer may request inactive status at any time
  [before the expiration date of the person's license]. A license
  holder on inactive status may not practice engineering.
         SECTION 6.  Section 1001.401, Occupations Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  A license holder is not required to use a seal under this
  section for a project for which the license holder is not required
  to hold a license under an exemption provided by Subchapter B.
         SECTION 7.  Section 1001.4527(a), Occupations Code, is
  amended to read as follows:
         (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.
         SECTION 8.  Section 1001.109, Occupations Code, is repealed.
         SECTION 9.  The change in law made by this Act to Section
  1001.206(c), Occupations Code, applies only to an application for a
  license, the renewal of a license, or a reciprocal license filed on
  or after the effective date of this Act. An application filed before
  the effective date of this Act is governed by the law in effect on
  the date the application is filed, and the former law is continued
  in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2007.
 
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