|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the licensing and regulation of geoscientists by the |
|
Texas Board of Professional Engineers, the regulation and licensing |
|
of land surveyors by the Texas Board of Architectural Examiners, |
|
and the abolition of the Texas Board of Professional Geoscientists |
|
and the Texas Board of Professional Land Surveying. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. REGULATION OF ENGINEERING AND GEOSCIENCE |
|
SECTION 1.01. Section 1001.101(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The Texas Board of Professional Engineers consists of 15 |
|
[nine] members appointed by the governor with the advice and |
|
consent of the senate as follows: |
|
(1) six engineers; [and] |
|
(2) five geoscientists licensed under Chapter 1002; |
|
and |
|
(3) four [three] members who represent the public. |
|
SECTION 1.02. Section 1001.102(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A person may not be a public member of the board if the |
|
person or the person's spouse: |
|
(1) is registered, certified, or licensed by a |
|
regulatory agency in the field of engineering or geoscience; |
|
(2) is employed by or participates in the management |
|
of a business entity or other organization regulated by or |
|
receiving money from the board; |
|
(3) owns or controls, directly or indirectly, more |
|
than a 10 percent interest in a business entity or other |
|
organization regulated by or receiving money from the board; or |
|
(4) uses or receives a substantial amount of tangible |
|
goods, services, or money from the board other than compensation or |
|
reimbursement authorized by law for board membership, attendance, |
|
or expenses. |
|
SECTION 1.03. Section 1001.103(a-1), Occupations Code, is |
|
amended to read as follows: |
|
(a-1) A person may not be a member of the board and may not |
|
be a board employee employed in a "bona fide executive, |
|
administrative, or professional capacity," as that phrase is used |
|
for purposes of establishing an exemption to the overtime |
|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
|
U.S.C. Section 201 et seq.), and its subsequent amendments, if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of engineering |
|
or geoscience; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of engineering |
|
or geoscience. |
|
SECTION 1.04. Section 1001.201, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1001.201. GENERAL POWERS AND DUTIES. (a) The board |
|
shall administer and enforce this subtitle [chapter]. |
|
(b) The board may spend money for any purpose the board |
|
considers reasonably necessary for the proper performance of its |
|
duties under this subtitle [chapter]. |
|
SECTION 1.05. Section 1001.202, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1001.202. RULES. The board may adopt and enforce any |
|
rule or bylaw necessary to perform its duties, govern its |
|
proceedings, and regulate the practice of engineering and |
|
geoscience. |
|
SECTION 1.06. Section 1001.204, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1001.204. FEES. (a) The board shall establish the |
|
following fees in amounts reasonable and necessary to cover the |
|
costs of administering this subtitle [chapter]: |
|
(1) license fee; |
|
(2) annual and late renewal fees; |
|
(3) reciprocal license fee; |
|
(4) duplicate license fee; |
|
(5) engineer-in-training certificate fee; |
|
(6) roster of engineers and roster of geoscientists |
|
fees [fee]; |
|
(7) examination fee; |
|
(8) registration fee for engineering firm; and |
|
(9) inactive status fee. |
|
(b) Fee revenue may not exceed the amount reasonable and |
|
necessary to administer this subtitle [chapter]. |
|
(c) General revenue of the state may not be used to pay the |
|
costs of administering this subtitle [chapter] in an amount that |
|
exceeds the amount of fees received under this subtitle [chapter]. |
|
SECTION 1.07. Section 1001.207, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1001.207. STANDARDS OF CONDUCT AND ETHICS. The board |
|
may establish standards of conduct and ethics for engineers and |
|
geoscientists in keeping with the purposes and intent of this |
|
subtitle [chapter] and to ensure strict compliance with and |
|
enforcement of this subtitle [chapter]. |
|
SECTION 1.08. Section 1001.212(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A statement made by a person providing a reference for |
|
an applicant and other pertinent information compiled by or |
|
submitted to the board relating to an applicant for a license under |
|
this subtitle [chapter] is privileged and confidential. |
|
SECTION 1.09. Section 1001.213(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The board may request and, if necessary, compel by |
|
subpoena: |
|
(1) the attendance of a witness for examination under |
|
oath; and |
|
(2) the production for inspection or copying of |
|
records, documents, and other evidence relevant to the |
|
investigation of an alleged violation of this subtitle [chapter]. |
|
SECTION 1.10. Sections 1001.252(a) and (i), Occupations |
|
Code, are amended to read as follows: |
|
(a) The board shall adopt rules that permit the board to |
|
receive and investigate a confidential complaint against a license |
|
holder or other person who may have violated this subtitle |
|
[chapter]. The board shall maintain the confidentiality of the |
|
complaint during the investigation. |
|
(i) The board may employ or contract with advisors, |
|
consultants, engineers, geoscientists, or other persons to provide |
|
technical assistance in investigations and disciplinary |
|
proceedings. Except for an action involving fraud, conspiracy, or |
|
malice, a person whose services are obtained by the board under this |
|
subsection is immune from civil liability and may not be subjected |
|
to a suit for damages for any investigation, report, |
|
recommendation, statement, evaluation, finding made, or other |
|
action taken in the course of performing the person's official |
|
duties. |
|
SECTION 1.11. Section 1002.002(1), Occupations Code, is |
|
amended to read as follows: |
|
(1) "Board" means the Texas Board of Professional |
|
Engineers [Geoscientists]. |
|
SECTION 1.12. Section 1002.004(j), Occupations Code, is |
|
amended to read as follows: |
|
(j) The board [and the Texas Board of Professional
|
|
Engineers] by rule, memorandum of understanding, or other |
|
appropriate procedure or document shall [jointly] resolve any |
|
conflict between this chapter or a rule adopted under this chapter |
|
and Chapter 1001 or a rule adopted under that chapter. |
|
ARTICLE 2. REGULATION OF ARCHITECTS AND LAND SURVEYORS |
|
SECTION 2.01. The heading to Chapter 1051, Occupations |
|
Code, is amended to read as follows: |
|
CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL |
|
PROVISIONS AFFECTING ARCHITECTS, LANDSCAPE ARCHITECTS, [AND] |
|
INTERIOR DESIGNERS, AND LAND SURVEYORS; PROVISIONS AFFECTING ONLY |
|
ARCHITECTS |
|
SECTION 2.02. Section 1051.101(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The Texas Board of Architectural Examiners consists of |
|
11 [nine] members appointed by the governor with the advice and |
|
consent of the senate as follows: |
|
(1) four architect members registered under this |
|
chapter; |
|
(2) one interior designer member registered under |
|
Chapter 1053; |
|
(3) one landscape architect member registered under |
|
Chapter 1052; [and] |
|
(4) two land surveyors licensed under Chapter 1071; |
|
and |
|
(5) three members who represent the public, at least |
|
one of whom is a person with a physical disability. |
|
SECTION 2.03. Section 1051.102, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is |
|
not eligible for appointment as a public member of the board if the |
|
person or the person's spouse: |
|
(1) is registered, certified, or licensed by an |
|
occupational regulatory agency in the field of architecture, |
|
interior design, [or] landscape architecture, or land surveying; |
|
(2) is employed by or participates in the management |
|
of a business entity or other organization regulated by the board or |
|
receiving funds from the board; |
|
(3) owns or controls, directly or indirectly, more |
|
than a 10 percent interest in a business entity or other |
|
organization regulated by the board or receiving funds from the |
|
board; or |
|
(4) uses or receives a substantial amount of tangible |
|
goods, services, or funds from the board, other than compensation |
|
or reimbursement authorized by law for board membership, |
|
attendance, or expenses. |
|
SECTION 2.04. Section 1051.103(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A person may not be a member of the board and may not be a |
|
board employee employed in a "bona fide executive, administrative, |
|
or professional capacity," as that phrase is used for purposes of |
|
establishing an exemption to the overtime provisions of the federal |
|
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), |
|
and its subsequent amendments, if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of |
|
architecture, interior design, [or] landscape architecture, or |
|
land surveying; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of |
|
architecture, interior design, [or] landscape architecture, or |
|
land surveying. |
|
SECTION 2.05. Section 1051.104(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Board members serve staggered six-year terms. The terms |
|
of three or four members, as appropriate, expire on January 31 of |
|
each odd-numbered year. |
|
SECTION 2.06. Section 1051.201, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1051.201. SCOPE OF ADMINISTRATIVE AUTHORITY. The |
|
powers granted and duties delegated to the board under this chapter |
|
are in addition to the powers granted and duties delegated to the |
|
board under Chapters 1052, [and] 1053, and 1071. |
|
SECTION 2.07. Section 1051.202, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board |
|
shall adopt reasonable rules and bylaws and prescribe forms as |
|
necessary to administer or enforce this subtitle and Subtitle C, |
|
including rules regulating the practices of architecture, |
|
landscape architecture, [and] interior design, and land surveying. |
|
SECTION 2.08. Section 1051.204(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The board may request and, if necessary, compel by |
|
subpoena: |
|
(1) the attendance of witnesses for examination under |
|
oath; and |
|
(2) the production for inspection or copying of |
|
records, documents, and other evidence relevant to the |
|
investigation of an alleged violation of this subtitle or Subtitle |
|
C. |
|
SECTION 2.09. Section 1051.209, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1051.209. ATTORNEY GENERAL AS LEGAL ADVISOR. The |
|
attorney general shall act as legal advisor to the board and shall |
|
provide legal assistance to enforce this subtitle and Subtitle C. |
|
This section does not relieve a local prosecuting attorney of any |
|
duty under the law. |
|
SECTION 2.10. Section 1071.002(1), Occupations Code, is |
|
amended to read as follows: |
|
(1) "Board" means the Texas Board of Architectural |
|
Examiners [Professional Land Surveying]. |
|
ARTICLE 3. CONFORMING AMENDMENTS |
|
SECTION 3.01. Section 411.122(d), Government Code, as |
|
amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933 |
|
(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009, |
|
is reenacted and amended to read as follows: |
|
(d) The following state agencies are subject to this |
|
section: |
|
(1) Texas Appraiser Licensing and Certification |
|
Board; |
|
(2) Texas Board of Architectural Examiners; |
|
(3) Texas Board of Chiropractic Examiners; |
|
(4) State Board of Dental Examiners; |
|
(5) Texas Board of Professional Engineers; |
|
(6) Texas Funeral Service Commission; |
|
(7) [Texas Board of Professional Geoscientists;
|
|
[(8)] Department of State Health Services, except as |
|
provided by Section 411.110, and agencies attached to the |
|
department, including: |
|
(A) Texas State Board of Examiners of Dietitians; |
|
(B) Texas State Board of Examiners of Marriage |
|
and Family Therapists; |
|
(C) Midwifery Board; |
|
(D) Texas State Perfusionist Advisory Committee; |
|
(E) Texas State Board of Examiners of |
|
Professional Counselors; |
|
(F) Texas State Board of Social Worker Examiners; |
|
(G) State Board of Examiners for Speech-Language |
|
Pathology and Audiology; |
|
(H) Advisory Board of Athletic Trainers; |
|
(I) State Committee of Examiners in the Fitting |
|
and Dispensing of Hearing Instruments; |
|
(J) Texas Board of Licensure for Professional |
|
Medical Physicists; and |
|
(K) Texas Board of Orthotics and Prosthetics; |
|
(8) [(9) Texas Board of Professional Land Surveying;
|
|
[(10)] Texas Department of Licensing and Regulation, |
|
except as provided by Section 411.093; |
|
(9) [(11)] Texas Commission on Environmental Quality; |
|
(10) [(12)] Texas Board of Occupational Therapy |
|
Examiners; |
|
(11) [(13)] Texas Optometry Board; |
|
(12) [(14)] Texas State Board of Pharmacy; |
|
(13) [(15)] Texas Board of Physical Therapy |
|
Examiners; |
|
(14) [(16)] Texas State Board of Plumbing Examiners; |
|
(15) [(17)] Texas State Board of Podiatric Medical |
|
Examiners; |
|
(16) [(18)] Texas State Board of Examiners of |
|
Psychologists; |
|
(17) [(19)] Texas Real Estate Commission; |
|
(18) [(20)] Texas Department of Transportation; |
|
(19) [(21)] State Board of Veterinary Medical |
|
Examiners; |
|
(20) [(22)] Texas Department of Housing and Community |
|
Affairs; |
|
(21) [(23)] secretary of state; |
|
(22) [(24)] state fire marshal; |
|
(23) [(25)] Texas Education Agency; |
|
(24) [(26)] Department of Agriculture; and |
|
(25) [(27)] Texas Department of Motor Vehicles. |
|
SECTION 3.02. Section 2054.352(a), Government Code, as |
|
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
(a) The following licensing entities shall participate in |
|
the system established under Section 2054.353: |
|
(1) Texas Board of Chiropractic Examiners; |
|
(2) Court Reporters Certification Board; |
|
(3) State Board of Dental Examiners; |
|
(4) Texas Funeral Service Commission; |
|
(5) [Texas Board of Professional Land Surveying;
|
|
[(6)] Texas Medical Board; |
|
(6) [(7)] Texas Board of Nursing; |
|
(7) [(8)] Texas Optometry Board; |
|
(8) [(9)] Department of Agriculture, for licenses |
|
issued under Chapter 1951, Occupations Code; |
|
(9) [(10)] Texas State Board of Pharmacy; |
|
(10) [(11)] Executive Council of Physical Therapy and |
|
Occupational Therapy Examiners; |
|
(11) [(12)] Texas State Board of Plumbing Examiners; |
|
(12) [(13)] Texas State Board of Podiatric Medical |
|
Examiners; |
|
(13) [(14)] Texas State Board of Examiners of |
|
Psychologists; |
|
(14) [(15)] State Board of Veterinary Medical |
|
Examiners; |
|
(15) [(16)] Texas Real Estate Commission; |
|
(16) [(17)] Texas Appraiser Licensing and |
|
Certification Board; |
|
(17) [(18)] Texas Department of Licensing and |
|
Regulation; |
|
(18) [(19)] Texas State Board of Public Accountancy; |
|
(19) [(20)] State Board for Educator Certification; |
|
(20) [(21)] Texas Board of Professional Engineers; |
|
(21) [(22)] Department of State Health Services; |
|
(22) [(23)] Texas Board of Architectural Examiners; |
|
(23) [(24)] Texas Racing Commission; |
|
(24) [(25)] Commission on Law Enforcement Officer |
|
Standards and Education; and |
|
(25) [(26)] Texas Private Security Board. |
|
SECTION 3.03. Section 89.023(a), Natural Resources Code, is |
|
amended to read as follows: |
|
(a) The commission may grant an extension of the deadline |
|
for plugging an inactive well if the operator maintains a current |
|
organization report with the commission as required by Section |
|
91.142 and if, on or before the date of renewal of the operator's |
|
organization report as required by that section, the operator files |
|
with the commission an application for an extension that includes: |
|
(1) an affirmation that complies with Section 89.029; |
|
(2) a statement that the well and associated |
|
facilities are in compliance with all commission rules and orders; |
|
(3) a statement that the operator has, and on request |
|
will provide, evidence of a good faith claim to a continuing right |
|
to operate the well; and |
|
(4) at least one of the following: |
|
(A) documentation that since the preceding date |
|
that the operator's organization report was required to be renewed |
|
the operator has plugged, or restored to active operation as |
|
defined by commission rule, a number of inactive wells equal to or |
|
greater than 10 percent of the number of inactive wells operated by |
|
the operator on that date; |
|
(B) an abeyance of plugging report on a form |
|
approved by the commission that: |
|
(i) is in the form of a certification signed |
|
by a person licensed by the Texas Board of Professional Engineers |
|
[or the Texas Board of Professional Geoscientists]; |
|
(ii) includes: |
|
(a) an affirmation by the licensed |
|
person that the well has: |
|
(1) a reasonable expectation of |
|
economic value in excess of the cost of plugging the well for the |
|
duration of the period covered by the report, based on the cost |
|
calculation for plugging an inactive well; and |
|
(2) a reasonable expectation of |
|
being restored to a beneficial use that will prevent waste of oil or |
|
gas resources that otherwise would not be produced if the well were |
|
plugged; and |
|
(b) appropriate documentation |
|
demonstrating the basis for the affirmation of the well's future |
|
utility; and |
|
(iii) specifies the field and the covered |
|
wells within that field in a format prescribed by the commission; |
|
(C) a statement that the well is part of an |
|
enhanced oil recovery project; |
|
(D) if the operator of the well is not currently |
|
otherwise required by commission rule or order to conduct a fluid |
|
level or hydraulic pressure test of the well, documentation of the |
|
results of a successful fluid level or hydraulic pressure test of |
|
the well conducted in accordance with the commission's rules in |
|
effect at the time the test is conducted; |
|
(E) a supplemental bond, letter of credit, or |
|
cash deposit sufficient for each well specified in the application |
|
that: |
|
(i) complies with the requirements of |
|
Chapter 91; and |
|
(ii) is of an amount at least equal to the |
|
cost calculation for plugging an inactive well for each well |
|
specified in the application; |
|
(F) documentation of the deposit with the |
|
commission each time the operator files an application of an amount |
|
of escrow funds as prescribed by commission rule that equal at least |
|
10 percent of the total cost calculation for plugging an inactive |
|
well for each well specified in the application; or |
|
(G) if the operator is a publicly traded entity: |
|
(i) the following documents: |
|
(a) a copy of the operator's federal |
|
documents filed to comply with Financial Accounting Standards Board |
|
Statement No. 143, Accounting for Asset Retirement Obligations; and |
|
(b) an original, executed Uniform |
|
Commercial Code Form 1 Financing Statement, filed with the |
|
secretary of state, that: |
|
(1) names the operator as the |
|
"debtor" and the Railroad Commission of Texas as the "secured |
|
creditor"; and |
|
(2) specifies the funds covered |
|
by the documents described by Sub-subparagraph (a) in the amount of |
|
the cost calculation for plugging an inactive well for each well |
|
specified in the application; or |
|
(ii) a blanket bond in the amount of the |
|
lesser of: |
|
(a) the cost calculation for plugging |
|
any inactive wells; or |
|
(b) $2 million. |
|
SECTION 3.04. Sections 26.365(a), (b), and (d), Water Code, |
|
are amended to read as follows: |
|
(a) In administering the program implemented under Section |
|
26.364(a), the commission, on the request of a geoscientist |
|
licensed by the Texas Board of Professional Engineers |
|
[Geoscientists], or an equivalent entity that licenses |
|
geoscientists, shall register the geoscientist in the program. |
|
(b) A geoscientist registered in the program may contract to |
|
perform corrective action under this subchapter unless the Texas |
|
Board of Professional Engineers [Geoscientists], or an equivalent |
|
entity that licenses geoscientists, determines that the |
|
geoscientist is not qualified to perform a corrective action. |
|
(d) The commission may not adopt minimum qualifications for |
|
a geoscientist licensed by the Texas Board of Professional |
|
Engineers [Geoscientists], or an equivalent entity that licenses |
|
geoscientists, to contract with an eligible owner or operator to |
|
perform a corrective action under this subchapter. |
|
SECTION 3.05. Sections 26.367(a), (b), and (d), Water Code, |
|
are amended to read as follows: |
|
(a) In administering the program implemented under Section |
|
26.366(a), the commission, on the request of a geoscientist |
|
licensed by the Texas Board of Professional Engineers |
|
[Geoscientists], or an equivalent entity that licenses |
|
geoscientists, shall license the geoscientist in the program. |
|
(b) A geoscientist licensed in the program may supervise a |
|
corrective action under this subchapter unless the Texas Board of |
|
Professional Engineers [Geoscientists], or an equivalent entity |
|
that licenses geoscientists, determines that the geoscientist is |
|
not qualified to supervise a corrective action. |
|
(d) The commission may not adopt minimum qualifications for |
|
a geoscientist licensed by the Texas Board of Professional |
|
Engineers [Geoscientists], or an equivalent entity that licenses |
|
geoscientists, to contract with an eligible owner or operator to |
|
supervise a corrective action under this subchapter. |
|
ARTICLE 4. REPEALER |
|
SECTION 4.01. The following provisions of the Occupations |
|
Code are repealed: |
|
(1) Section 1002.003; |
|
(2) Subchapters B and C, Chapter 1002; |
|
(3) Sections 1002.151, 1002.152, 1002.153, 1002.154, |
|
and 1002.158; |
|
(4) Subchapter E, Chapter 1002; |
|
(5) Section 1071.003; and |
|
(6) Subchapters B and C, Chapter 1071. |
|
ARTICLE 5. TRANSITION AND EFFECTIVE DATE |
|
SECTION 5.01. (a) The Texas Board of Professional |
|
Geoscientists is abolished but continues in existence until |
|
September 1, 2012, for the sole purpose of transferring |
|
obligations, property, rights, powers, and duties to the Texas |
|
Board of Professional Engineers. The Texas Board of Professional |
|
Engineers assumes all of the obligations, property, rights, powers, |
|
and duties of the Texas Board of Professional Geoscientists as they |
|
exist immediately before the effective date of this Act. All |
|
unexpended funds appropriated to the Texas Board of Professional |
|
Geoscientists are transferred to the Texas Board of Professional |
|
Engineers. The transfer of the obligations, property, rights, |
|
powers, and duties of the Texas Board of Professional Geoscientists |
|
to the Texas Board of Professional Engineers must be completed not |
|
later than September 1, 2012. |
|
(b) All rules of the Texas Board of Professional |
|
Geoscientists are continued in effect as rules of the Texas Board of |
|
Professional Engineers until superseded by a rule of the Texas |
|
Board of Professional Engineers. A certificate, license, |
|
registration, or other authorization issued by the Texas Board of |
|
Professional Geoscientists is continued in effect as provided by |
|
the law in effect immediately before the effective date of this Act. |
|
An application for a certificate, license, registration, or other |
|
authorization pending on the effective date of this Act is |
|
continued without change in status after the effective date of this |
|
Act. A complaint, investigation, contested case, or other |
|
proceeding pending on the effective date of this Act is continued |
|
without change in status after the effective date of this Act. |
|
(c) A reference in another law or an administrative rule to |
|
the Texas Board of Professional Geoscientists means the Texas Board |
|
of Professional Engineers. |
|
(d) As soon as practicable after the effective date of this |
|
Act, the governor shall appoint five geoscientists and one public |
|
member to the Texas Board of Professional Engineers as required by |
|
this Act. In appointing the members, the governor shall appoint two |
|
members for terms that expire September 26, 2013, two members for |
|
terms that expire September 26, 2015, and two members for terms that |
|
expire September 26, 2017. |
|
(e) The changes in law made by this Act to Sections 1002.102 |
|
and 1002.103, Occupations Code, regarding the qualifications for a |
|
member of the Texas Board of Professional Engineers do not affect |
|
the entitlement of a member serving on the board immediately before |
|
September 1, 2011, to continue to serve and function as a member of |
|
the board for the remainder of the member's term. The changes in law |
|
made by this Act apply only to a member appointed on or after the |
|
effective date of this Act. |
|
SECTION 5.02. (a) The Texas Board of Professional Land |
|
Surveying is abolished but continues in existence until September |
|
1, 2012, for the sole purpose of transferring obligations, |
|
property, rights, powers, and duties to the Texas Board of |
|
Architectural Examiners. The Texas Board of Architectural |
|
Examiners assumes all of the obligations, property, rights, powers, |
|
and duties of the Texas Board of Professional Land Surveying as they |
|
exist immediately before the effective date of this Act. All |
|
unexpended funds appropriated to the Texas Board of Professional |
|
Land Surveying are transferred to the Texas Board of Architectural |
|
Examiners. The transfer of the obligations, property, rights, |
|
powers, and duties of the Texas Board of Professional Land |
|
Surveying to the Texas Board of Architectural Examiners must be |
|
completed not later than September 1, 2012. |
|
(b) All rules of the Texas Board of Professional Land |
|
Surveying are continued in effect as rules of the Texas Board of |
|
Architectural Examiners until superseded by a rule of the Texas |
|
Board of Architectural Examiners. A certificate, license, |
|
registration, or other authorization issued by the Texas Board of |
|
Professional Land Surveying is continued in effect as provided by |
|
the law in effect immediately before the effective date of this Act. |
|
An application for a certificate, license, registration, or other |
|
authorization pending on the effective date of this Act is |
|
continued without change in status after the effective date of this |
|
Act. A complaint, investigation, contested case, or other |
|
proceeding pending on the effective date of this Act is continued |
|
without change in status after the effective date of this Act. |
|
(c) A reference in another law or an administrative rule to |
|
the Texas Board of Professional Land Surveying means the Texas |
|
Board of Architectural Examiners. |
|
(d) As soon as practicable after the effective date of this |
|
Act, the governor shall appoint two land surveyors licensed under |
|
Chapter 1071, Occupations Code, to the Texas Board of Architectural |
|
Examiners as required by this Act. In appointing the members, the |
|
governor shall appoint one member for a term that expires January |
|
31, 2015, and one member for a term that expires January 31, 2017. |
|
(e) The changes in law made by this Act to Sections 1051.102 |
|
and 1051.103, Occupations Code, regarding the qualifications for a |
|
member of the Texas Board of Architectural Examiners do not affect |
|
the entitlement of a member serving on the board immediately before |
|
September 1, 2011, to continue to serve and function as a member of |
|
the board for the remainder of the member's term. The changes in law |
|
made by this Act apply only to a member appointed on or after the |
|
effective date of this Act. |
|
SECTION 5.03. To the extent of any conflict, this Act |
|
prevails over another Act of the 82nd Legislature, Regular Session, |
|
2011, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 5.04. This Act takes effect September 1, 2011. |