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A BILL TO BE ENTITLED
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AN ACT
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relating to enforcement actions by the Texas Board of Professional |
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Engineers against political subdivisions and certain public |
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officials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1001.501, Occupations Code, is amended |
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to read as follows: |
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Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) |
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Except as provided by Subsection (b), the [The] board may impose an |
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administrative penalty on a person who violates this chapter or a |
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rule adopted or order issued under this chapter. |
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(b) The board may not impose an administrative penalty for a |
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violation of this chapter on: |
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(1) a political subdivision of the state; or |
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(2) a public official or employee of the state or of a |
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political subdivision of the state who is not licensed under this |
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chapter. |
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SECTION 2. Subchapter L, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.5531 to read as follows: |
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Sec. 1001.5531. ENFORCEMENT ACTION PROHIBITED AGAINST |
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POLITICAL SUBDIVISIONS AND CERTAIN PUBLIC OFFICIALS. |
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Notwithstanding any other provision, the board may not take any |
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enforcement action for a violation of this chapter against: |
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(1) a political subdivision of the state; or |
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(2) a public official or employee of the state or of a |
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political subdivision of the state who is not licensed under this |
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chapter. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an administrative penalty assessed on or after the |
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effective date of this Act. An administrative penalty assessed |
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before the effective date of this Act is subject to the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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(b) Section 1001.5531, Occupations Code, as added by this |
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Act, applies only to a violation for which an enforcement action is |
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commenced on or after the effective date of this Act, regardless of |
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when the violation occurred. An action commenced before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |