82R8731 JAM-D
 
  By: Smith of Harris H.B. No. 2543
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of architecture,
  engineering, landscape architecture, and land surveying by the
  Texas Board of Professional Services, the deregulation of interior
  design, and the abolition of the Texas Board of Professional
  Engineers, the Texas Board of Architectural Examiners, and the
  Texas Board of Professional Land Surveyors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. TEXAS BOARD OF PROFESSIONAL SERVICES
         SECTION 1.01.  Title 6, Occupations Code, is amended by
  adding Subtitle D to read as follows:
  SUBTITLE D. TEXAS BOARD OF PROFESSIONAL SERVICES
  CHAPTER 1081. TEXAS BOARD OF PROFESSIONAL SERVICES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1081.001.  GENERAL DEFINITIONS. (a) In this subtitle:
               (1)  "Board" means the Texas Board of Professional
  Services.
               (2)  "Executive director" means the executive director
  of the board.
         (b)  Unless the context clearly indicates otherwise, the
  definitions in Chapters 1001, 1051, 1052, and 1071 apply to this
  chapter.
         Sec. 1081.002.  APPLICATION OF SUNSET ACT. The Texas Board
  of Professional Services is subject to Chapter 325, Government Code
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the board is abolished and this title, other than
  Chapter 1002, expires September 1, 2021.
  [Sections 1081.003-1081.050 reserved for expansion]
  SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL SERVICES
         Sec. 1081.051.  BOARD MEMBERSHIP. (a) The Texas Board of
  Professional Services consists of 11 members appointed by the
  governor with the advice and consent of the senate as follows:
               (1)  five members who are licensed engineers;
               (2)  two members who are registered architects;
               (3)  one member who is a registered landscape
  architect;
               (4)  one member who is a registered professional land
  surveyor; and
               (5)  two public members.
         (b)  Appointments to the board shall be made without regard
  to the race, color, disability, sex, religion, age, or national
  origin of the appointee.
         (c)  The legislature shall amend the board's composition as
  necessary so that each profession is represented in proportion to
  the number of license or registration holders in that profession,
  except that no profession may have less than one or more than five
  board members.
         Sec. 1081.052.  MEMBER ELIGIBILITY. (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, architecture, land
  surveying, or landscape architecture;
               (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.
         (b)  A member of the board must:
               (1)  be a citizen of the United States and a resident of
  this state for at least 10 years before the date of appointment;
  and
               (2)  have been engaged in the practice of engineering,
  architecture, land surveying, or landscape architecture, as
  applicable, for at least 10 years before the date of appointment.
         Sec. 1081.053.  MEMBERSHIP RESTRICTIONS. (a)  In this
  section, "Texas trade association" means a cooperative and
  voluntarily joined statewide association of business or
  professional competitors in this state designed to assist its
  members and its industry or profession in dealing with mutual
  business or professional problems and in promoting their common
  interest.
         (b)  A person may not be a member of the board 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.) if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of
  engineering, architecture, land surveying, or landscape
  architecture; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of
  engineering, architecture, land surveying, or landscape
  architecture.
         (c)  A person may not be a member of the board or act as the
  general counsel to the board if the person is required to register
  as a lobbyist under Chapter 305, Government Code, because of the
  person's activities for compensation on behalf of a profession
  related to the operation of the board.
         Sec. 1081.054.  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.
         Sec. 1081.055.  GROUNDS FOR REMOVAL. (a)  It is a ground for
  removal from the board that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Sections 1081.051 and 1081.052;
               (2)  does not maintain during service on the board the
  qualifications required by Sections 1081.051 and 1081.052;
               (3)  is ineligible for membership under Sections
  1081.052 and 1081.053;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled board meetings that the member is eligible to attend
  during a calendar year without an excuse approved by a majority vote
  of the board.
         (b)  The validity of an action of the board is not affected by
  the fact that it is taken when a ground for removal of a board member
  exists.
         (c)  If the executive director has knowledge that a potential
  ground for removal exists, the executive director shall notify the
  presiding officer of the board of the potential ground. The
  presiding officer shall then notify the governor and the attorney
  general that a potential ground for removal exists. If the
  potential ground for removal involves the presiding officer, the
  executive director shall notify the next highest ranking officer of
  the board, who shall then notify the governor and the attorney
  general that a potential ground for removal exists.
         Sec. 1081.056.  TRAINING. (a)  A person who is appointed to
  and qualifies for office as a member of the board may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the board until the person completes a training program that
  complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  this title, other than Chapter 1002;
               (2)  the programs, functions, rules, and budget of the
  board;
               (3)  the results of the most recent formal audit of the
  board;
               (4)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest; and
               (5)  any applicable ethics policies adopted by the
  board or the Texas Ethics Commission.
         (c)  A person appointed to the board is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.
         Sec. 1081.057.  TERMS; VACANCY. (a)  Members of the board
  serve staggered six-year terms, with either three or four members' 
  terms, as applicable, expiring on January 31 of each odd-numbered
  year.
         (b)  If a vacancy occurs during a member's term, the governor
  shall appoint a replacement to fill the unexpired term.
         Sec. 1081.058.  COMPENSATION; PER DIEM. (a)  A board member
  may not receive compensation for the member's services.
         (b)  A member is entitled to a per diem and travel allowance
  for each day the member engages in board business at the rate set
  for state employees in the General Appropriations Act.
         Sec. 1081.059.  MEETINGS. (a)  The board shall hold at least
  two regular meetings each year.
         (b)  Additional meetings may be held as provided by the
  board's bylaws.
         Sec. 1081.060.  PUBLIC TESTIMONY. The board shall develop
  and implement policies that provide the public with a reasonable
  opportunity to appear before the board and to speak on any issue
  under the jurisdiction of the board.
         Sec. 1081.061.  PARTICIPATION OF PUBLIC MEMBERS. (a) The
  board by majority vote may limit the participation of public
  members in evaluating license applications.
         (b)  This section does not apply to the evaluation of license
  applications at an official meeting of the board.
         Sec. 1081.062.  FILING OF OATH. Before assuming the duties
  of office, each board member must file with the secretary of state a
  copy of the constitutional oath of office taken by the member.
  CHAPTER 1082. EXECUTIVE DIRECTOR AND PERSONNEL
         Sec. 1082.001.  EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY.
  (a) The board may employ an executive director to conduct the
  affairs of the board under the board's direction. The executive
  director shall receive a salary in an amount determined by the
  board.
         (b)  The executive director shall receive and account for any
  money derived, including any fee collected, under this title, other
  than Chapter 1002.
         Sec. 1082.002.  PERSONNEL. (a) The board shall employ
  clerical or other assistants as necessary to perform the board's
  work.
         (b)  A salary paid under this section may not exceed the
  salary paid for similar work in other departments.
         Sec. 1082.003.  CAREER LADDER PROGRAM; PERFORMANCE
  EVALUATIONS. (a) The executive director or the executive
  director's designee shall develop an intra-agency career ladder
  program. The program must require intra-agency posting of each
  nonentry level position with the board at least 10 days before the
  date of any public posting.
         (b)  The executive director or the executive director's
  designee shall develop a system of annual performance evaluations
  of the board's employees based on measurable job tasks. All merit
  pay authorized by the executive director must be based on the system
  established under this subsection.
         Sec. 1082.004.  DIVISION OF RESPONSIBILITIES. The board
  shall develop and implement policies that clearly separate the
  policy-making responsibilities of the board and the management
  responsibilities of the executive director and the staff of the
  board.
         Sec. 1082.005.  QUALIFICATIONS AND STANDARDS OF CONDUCT
  INFORMATION. The executive director or the executive director's
  designee shall provide to members of the board and to board
  employees, as often as necessary, information regarding the
  requirements for office or employment under this chapter, including
  information regarding a person's responsibilities under applicable
  laws relating to standards of conduct for state officers or
  employees.
         Sec. 1082.006.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;
  REPORT. (a) The executive director or the executive director's
  designee shall prepare and maintain a written policy statement that
  implements a program of equal employment opportunity to ensure that
  all personnel decisions are made without regard to race, color,
  disability, sex, religion, age, or national origin.
         (b)  The policy statement must include:
               (1)  personnel policies, including policies relating
  to recruitment, evaluation, selection, training, and promotion of
  personnel, that show the intent of the board to avoid the unlawful
  employment practices described by Chapter 21, Labor Code; and
               (2)  an analysis of the extent to which the composition
  of the board's personnel is in accordance with state and federal law
  and a description of reasonable methods to achieve compliance with
  state and federal law.
         (c)  The policy statement must:
               (1)  be updated annually;
               (2)  be reviewed by the civil rights division of the
  Texas Workforce Commission for compliance with Subsection (b)(1);
  and
               (3)  be filed with the governor's office.
  CHAPTER 1083. BOARD POWERS AND DUTIES
  SUBCHAPTER A. GENERAL POWERS AND DUTIES OF BOARD
         Sec. 1083.001.  GENERAL POWERS AND DUTIES. (a) The board
  shall administer and enforce this title, other than Chapter 1002.
         (b)  The board may spend money for any purpose the board
  considers reasonably necessary for the proper performance of its
  duties under this title, other than Chapter 1002.
         Sec. 1083.002.  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,
  architecture, landscape architecture, and land surveying.
         Sec. 1083.003.  RULES RESTRICTING ADVERTISING OR
  COMPETITIVE BIDDING. (a) The board by rule shall prescribe
  standards for compliance with Subchapter A, Chapter 2254,
  Government Code.
         (b)  Except as provided by Subsection (a), the board may not
  adopt rules restricting advertising or competitive bidding by a
  license holder except to prohibit false, misleading, or deceptive
  practices.
         (c)  In its rules to prohibit false, misleading, or deceptive
  practices, the board may not include a rule that:
               (1)  restricts the use of any medium for advertising;
               (2)  restricts the use of a license holder's personal
  appearance or voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the license holder; or
               (4)  restricts the license holder's advertisement under
  a trade name.
         Sec. 1083.004.  RULES ON CONSEQUENCES OF CRIMINAL
  CONVICTION. The board shall adopt rules and guidelines as
  necessary to comply with Chapter 53.
         Sec. 1083.005.  FEES. (a) The board shall establish the
  following fees in amounts reasonable and necessary to cover the
  costs of administering this title, other than Chapter 1002:
               (1)  license and certificate of registration fees;
               (2)  annual and late renewal fees;
               (3)  reciprocal license and registration fees;
               (4)  duplicate license and registration fees;
               (5)  engineer-in-training certificate fee;
               (6)  roster of license and registration holders fee;
               (7)  examination fees;
               (8)  registration fee for engineering firm; and
               (9)  inactive status fee.
         (b)  The board may set a fee for a board action involving an
  administrative expense in an amount that is reasonable and
  necessary to cover the cost of administering this title, other than
  Chapter 1002, unless the amount of the fee is set by this chapter or
  by the General Appropriations Act.
         (c)  The board shall set the required renewal fee under
  Chapter 1051 for:
               (1)  a resident of this state in an amount that is equal
  to the sum of:
                     (A)  the amount determined by the board as
  reasonable and necessary to cover administrative costs; and
                     (B)  an amount determined annually by the board as
  reasonable and necessary for the administration of the examination
  fee scholarship program under Section 1083.102; and
               (2)  nonresidents in an amount determined by the board.
         (d)  The board may accept payment of a fee by electronic
  means. The board may charge a fee to process the payment made by
  electronic means. The board shall set the processing fee in an
  amount that is reasonably related to the expense incurred by the
  board in processing the payment made by electronic means, not to
  exceed five percent of the amount of the fee for which the payment
  is made.
         (e)  A fee set by the board under this section may not be used
  for the purpose of earning additional revenue for the board.
         Sec. 1083.006.  STANDARDS OF CONDUCT AND ETHICS. The board
  may establish standards of conduct and ethics for license and
  registration holders in keeping with the purposes and intent of
  this title, other than Chapter 1002, and to ensure strict
  compliance with and enforcement of this title, other than Chapter
  1002.
         Sec. 1083.007.  ROSTER OF LICENSE AND REGISTRATION HOLDERS.
  (a) The board shall prepare and publish a roster of persons,
  including business entities, licensed, registered, certified, or
  enrolled by the board. The roster shall include the name, business
  address, and other identifying information required by board rule.
         (b)  The board shall make the roster available to the public
  without cost in an online computer database format.
         (c)  The board shall provide a physical copy of the roster on
  request and may charge a reproduction and shipping fee for
  providing a physical copy of the roster.
         Sec. 1083.008.  REGISTER OF APPLICANTS. The board shall
  maintain a register of license and registration applications that
  shows:
               (1)  the name, age, and residence of each applicant;
               (2)  the date of the application;
               (3)  the applicant's place of business;
               (4)  the applicant's educational and other
  qualifications;
               (5)  whether an examination was required;
               (6)  whether the applicant was issued or denied a
  license or registration;
               (7)  the date of board action; and
               (8)  any other information the board considers
  necessary.
         Sec. 1083.009.  CONTINUING EDUCATION PROGRAMS. (a) The
  board shall recognize, prepare, or administer continuing education
  programs for its license and registration holders. A license or
  registration holder must participate in the programs to the extent
  required by the board to keep the person's license or registration.
         (b)  The board may not require a license or registration
  holder to obtain more than 15 hours of continuing education
  annually. The board shall permit a license or registration holder
  to certify at the time the license or registration is renewed that
  the license or registration holder has complied with the board's
  continuing education requirements.
         (c)  The board shall permit a license or registration holder
  to receive continuing education credit for educational, technical,
  ethical, or professional management activities related to the
  practice of engineering, architecture, landscape architecture, or
  land surveying, including:
               (1)  successfully completing or auditing a course
  sponsored by an institution of higher education;
               (2)  successfully completing a course certified by a
  professional or trade organization;
               (3)  attending a seminar, tutorial, short course,
  correspondence course, videotaped course, or televised course;
               (4)  participating in an in-house course sponsored by a
  corporation or other business entity;
               (5)  teaching a course described by Subdivisions
  (1)-(4);
               (6)  publishing an article, paper, or book on the
  practice of engineering, architecture, landscape architecture, or
  land surveying;
               (7)  making or attending a presentation at a meeting of
  a technical or engineering, architecture, landscape architecture,
  or land surveying management society or organization or writing a
  paper presented at such a meeting;
               (8)  participating in the activities of a professional
  society or association, including serving on a committee of the
  organization; and
               (9)  engaging in self-directed study.
         (d)  A license or registration holder may not receive more
  than five continuing education credit hours annually for engaging
  in self-directed study.
         Sec. 1083.010.  RECORDS. (a) The board shall maintain a
  record of its proceedings.
         (b)  The board's records shall be available to the public at
  all times.
         (c)  The board's records are prima facie evidence of the
  proceedings of the board set forth in the records. A transcript of
  the records certified by the secretary of the board under seal is
  admissible in evidence with the same effect as if it were the
  original.
         Sec. 1083.011.  CONFIDENTIALITY OF CERTAIN INFORMATION
  RELATED TO LICENSE APPLICATION. (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 or registration under this title, other
  than Chapter 1002, is privileged and confidential.
         (b)  Information described by Subsection (a) may be used only
  by the board or its employees or agents who are directly involved in
  the application or licensing or registration process. The
  information is not subject to discovery, subpoena, or other
  disclosure.
         Sec. 1083.012.  SUBPOENA. (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 title, other than
  Chapter 1002.
         (b)  The board, acting through the attorney general, may
  bring an action to enforce a subpoena issued under Subsection (a)
  against a person who fails to comply with the subpoena.
         (c)  Venue for an action brought under Subsection (b) is in a
  district court in:
               (1)  Travis County; or
               (2)  the county in which the board may hold a hearing.
         (d)  The court shall order compliance with the subpoena if
  the court finds that good cause exists to issue the subpoena.
         Sec. 1083.013.  TECHNOLOGY POLICY. The board shall develop
  and implement a policy requiring the executive director and board
  employees to research and propose appropriate technological
  solutions to improve the board's ability to perform its functions.
  The technological solutions must:
               (1)  ensure that the public is able to find information
  about the board on the Internet;
               (2)  ensure that persons who want to use the board's
  services are able to:
                     (A)  interact with the board through the Internet;
  and
                     (B)  access any service that can be provided
  effectively through the Internet; and
               (3)  be cost-effective and developed through the
  board's planning processes.
         Sec. 1083.014.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION POLICY. (a) The board shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the board.
         Sec. 1083.015.  BOARD SEAL. (a) The board shall adopt a
  seal and shall use the seal on official documents.
         (b)  The design of the seal must include a five-pointed star
  with a circular border and the words "Texas Board of Professional
  Services" within the border.
  [Sections 1083.016-1083.050 reserved for expansion]
  SUBCHAPTER B. POWERS AND DUTIES OF BOARD SPECIFIC TO ENGINEERS
         Sec. 1083.051.  REDUCED FEES: ELDERLY, DISABLED, INACTIVE
  STATUS. (a) For purposes of this section, a person is disabled if
  the person has a mental or physical impairment that substantially
  limits the ability of the person to earn a living as an engineer,
  other than an impairment caused by a current addiction to the use of
  alcohol or an illegal drug or controlled substance.
         (b)  The board by rule may adopt reduced license fees and
  annual renewal fees for engineers who are:
               (1)  at least 65 years of age; or
               (2)  disabled and not actively engaged in the practice
  of engineering.
         (c)  A person entitled to reduced fees under Subsection
  (b)(2) shall notify the board that the person has resumed the active
  practice of engineering not later than the 15th day after the date
  the person resumes active practice.
         Sec. 1083.052.  FEE INCREASE. (a) The fee for a license
  under Chapter 1001, for the annual renewal of that license, and for
  a reciprocal license under Chapter 1001 is increased by $200.
         (b)  Of each fee increase collected, $50 shall be deposited
  in the foundation school fund and $150 shall be deposited in the
  general revenue fund.
         (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 1083.051;
               (3)  is on inactive status as provided by Section
  1001.355; or
               (4)  is 65 years of age or older.
  [Sections 1083.053-1083.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES OF BOARD SPECIFIC TO ARCHITECTS
         Sec. 1083.101.  FEE INCREASE. (a) The fee for the issuance
  of a certificate to an applicant possessing a license or
  certificate to practice architecture in another state and the fee
  for the renewal of a certificate under Chapter 1051 are increased by
  $200.
         (b)  Of each fee increase collected, $50 shall be deposited
  in the foundation school fund and $150 shall be deposited in the
  general revenue fund.
         Sec. 1083.102.  EXAMINATION FEE SCHOLARSHIPS. (a) The
  board shall administer scholarships to applicants for examination
  under Article 3, Chapter 1051, in a manner the board determines best
  serves the public purpose of:
               (1)  promoting the professional needs of the state;
               (2)  increasing the number of highly trained and
  educated architects available to serve the residents of the state;
               (3)  improving the state's business environment and
  encouraging economic development; and
               (4)  identifying, recognizing, and supporting
  outstanding applicants who plan to pursue careers in architecture.
         (b)  In determining what best serves the public purpose of
  the scholarships as described by Subsection (a), the board shall
  consider at least the financial need of each person who applies for
  a scholarship under this section.
         (c)  The amount of the scholarship is the lesser of:
               (1)  $500; or
               (2)  the amount of the required examination fee.
         (d)  Scholarships under this section are funded by the amount
  added to each renewal fee under Section 1083.005(c). The board may
  not use more than 15 percent of the amount appropriated to the board
  for scholarships under this section to pay the costs of
  administering the scholarships.
         Sec. 1083.103.  DESIGN AND APPROVAL OF ARCHITECT'S SEAL.
  (a) The board shall prescribe and approve the seal to be used by an
  architect.
         (b)  The design of the seal must be the same as the design
  used by the board, except that the words "Registered Architect,
  State of Texas" must be used instead of "Texas Board of Professional
  Services."
  [Sections 1083.104-1083.150 reserved for expansion]
  SUBCHAPTER D. POWERS AND DUTIES OF BOARD SPECIFIC TO LANDSCAPE
  ARCHITECTS
         Sec. 1083.151.  FEE INCREASE. (a) The fee for the issuance
  of a certificate of registration under Chapter 1052 and the fee for
  the renewal of a certificate of registration under Chapter 1052 is
  increased by $200.
         (b)  Of each fee increase collected, $50 shall be deposited
  in the foundation school fund and $150 shall be deposited in the
  general revenue fund.
         Sec. 1083.152.  DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S
  SEAL. (a) The board shall prescribe and approve the seal to be used
  by a landscape architect.
         (b)  The design of the seal must be the same as the design
  used by the board, except that the words "Registered Landscape
  Architect, State of Texas" must be used instead of "Texas Board of
  Professional Services."
  [Sections 1083.153-1083.200 reserved for expansion]
  SUBCHAPTER E. POWERS AND DUTIES OF BOARD
  SPECIFIC TO LAND SURVEYORS
         Sec. 1083.201.  FEE INCREASE. (a) The fee for the issuance
  of a certificate of registration to a registered professional land
  surveyor under Chapter 1071 and the fee for the renewal of a
  certificate of registration for a registered professional land
  surveyor under Chapter 1071 is increased by $200.
         (b)  Of each fee increase collected, $50 shall be deposited
  in the foundation school fund and $150 shall be deposited in the
  general revenue fund.
         (c)  This section does not apply to state agency employees
  who are employed by the state as land surveyors.
         Sec. 1083.202.  REDUCED FEES FOR ELDERLY LAND SURVEYORS.
  The board by rule may adopt reduced certificate of registration and
  license fees and annual renewal fees for land surveyors who are at
  least 65 years of age.
  ARTICLE 2. REGULATION OF ENGINEERING, ARCHITECTURE, LANDSCAPE
  ARCHITECTURE, AND LAND SURVEYING
         SECTION 2.01.  Section 1001.002(1), Occupations Code, is
  amended to read as follows:
               (1)  "Board" means the Texas Board of Professional
  Services [Engineers].
         SECTION 2.02.  Section 1001.063, Occupations Code, is
  amended to read as follows:
         Sec. 1001.063.  ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[,
  AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this
  chapter does not prevent or otherwise restrict a person registered 
  [licensed] as an architect under Chapter 1051 or [,] a landscape
  architect under Chapter 1052[, or an interior designer under
  Chapter 1053] from performing an act, service, or work that is
  within the definition of the person's practice under those
  chapters.
         SECTION 2.03.  Sections 1001.353(b) and (c), Occupations
  Code, are amended to read as follows:
         (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 renewal fee, a late renewal fee, and any applicable increase
  in fees as required by Section 1083.052 [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 renewal fee, a late renewal fee, and any
  applicable increase in fees as required by Section 1083.052
  [1001.206] for each delinquent year or part of a year.
         SECTION 2.04.  Section 1001.355(d), Occupations Code, is
  amended to read as follows:
         (d)  To return to active status, a license holder on inactive
  status must:
               (1)  file with the board a written notice requesting
  reinstatement to active status;
               (2)  pay the fee for the annual renewal of the license
  and the fee increase required by Section 1083.052 [1001.206]; and
               (3)  provide evidence satisfactory to the board that
  the person has complied with the continuing education requirements
  adopted by the board.
         SECTION 2.05.  The heading to Chapter 1051, Occupations
  Code, is amended to read as follows:
  CHAPTER 1051. [TEXAS BOARD OF ARCHITECTURAL EXAMINERS;] GENERAL
  PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND
  INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS
         SECTION 2.06.  The heading to Article 1, Chapter 1051,
  Occupations Code, is amended to read as follows:
  ARTICLE 1.  GENERAL PROVISIONS[; BOARD OF ARCHITECTURAL EXAMINERS]
         SECTION 2.07.  Section 1051.001(2), Occupations Code, is
  amended to read as follows:
               (2)  "Board" means the Texas Board of Professional
  Services [Architectural Examiners].
         SECTION 2.08.  The heading to Article 2, Chapter 1051,
  Occupations Code, is amended to read as follows:
  ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,]
  LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]
         SECTION 2.09.  Section 1051.354, Occupations Code, is
  amended to read as follows:
         Sec. 1051.354.  FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A
  person required to register under this subtitle who is on active
  duty as a member of the United States military is exempt from the
  payment of any fee during the person's term of service if the
  person:
               (1)  is in good standing as an architect or [,]
  landscape architect [, or interior designer in this state]; or
               (2)  was in good standing as an architect or [,]
  landscape architect[, or interior designer] in this state at the
  time the person entered into military service.
         (b)  A person who is exempt from payment of a fee under
  Subsection (a):
               (1)  is exempt for the remainder of the fiscal year
  during which the person's active duty status expires; and
               (2)  is entitled to have the person's name continued on
  the list of architects or [,] landscape architects[, or interior
  designers].
         SECTION 2.10.  Section 1051.355(b), Occupations Code, is
  amended to read as follows:
         (b)  A person whose certificate of registration is on
  inactive status must pay an annual renewal fee on a date and in a
  manner prescribed by board rule. The board shall prescribe the
  renewal fee under this subsection in an amount equal to the sum of:
               (1)  the amount determined by the board as reasonable
  and necessary to cover the costs of administering this section; and
               (2)  except as provided by Subsection (e), the
  additional amount required under Section 1083.005(c)(1)(B)
  [1051.651(b)(1)(B)] for the examination fee scholarship program.
         SECTION 2.11.  Section 1051.455(b), Occupations Code, is
  amended to read as follows:
         (b)  A proceeding under this section relating to an architect
  or [,] a landscape architect[, or an interior designer] is subject
  to Chapter 2001, Government Code.
         SECTION 2.12.  Section 1071.002(1), Occupations Code, is
  amended to read as follows:
               (1)  "Board" means the Texas Board of Professional
  Services [Land Surveying].
  ARTICLE 3. CONFORMING AMENDMENTS
         SECTION 3.01.  Section 2, Self-Directed Semi-Independent
  Agency Act (Article 8930, Revised Statutes), is amended to read as
  follows:
         Sec. 2.  The Texas State Board of Public Accountancy
  [following agencies] shall be part of the pilot project created by
  this Act[:
               [(1)  the Texas State Board of Public Accountancy;
               [(2)  the Texas Board of Professional Engineers; and
               [(3)  the Texas Board of Architectural Examiners].
         SECTION 3.02.  Section 6(c), Self-Directed Semi-Independent
  Agency Act (Article 8930, Revised Statutes), is amended to read as
  follows:
         (c)  The Texas State Board of Public Accountancy shall
  annually remit $703,344 to the general revenue fund[, the Texas
  Board of Professional Engineers shall annually remit $373,900 to
  the general revenue fund, and the Texas Board of Architectural
  Examiners shall annually remit $510,000 to the general revenue
  fund].
         SECTION 3.03.  Section 61.0822, Education Code, is amended
  to read as follows:
         Sec. 61.0822.  CONTRACT WITH TEXAS BOARD OF PROFESSIONAL
  SERVICES [ARCHITECTURAL EXAMINERS]. The board may contract with
  the Texas Board of Professional Services [Architectural Examiners]
  to administer the examination fee scholarship program established
  under Section 1083.102 [1051.206], Occupations Code.
         SECTION 3.04.  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 Professional Services
  [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;
               (6) [(7)]  Texas Board of Professional Geoscientists;
               (7) [(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 3.05.  Section 469.104, Government Code, is amended
  to read as follows:
         Sec. 469.104.  FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
  The commission shall report to the Texas Board of Professional
  Services [Architectural Examiners, the Texas Board of Professional
  Engineers, or another appropriate licensing authority] the failure
  of any architect, [interior designer,] landscape architect, or
  engineer to submit or resubmit in a timely manner plans and
  specifications to the department as required by this subchapter.
         SECTION 3.06.  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 Services [Land
  Surveying];
               (6)  Texas Medical Board;
               (7)  Texas Board of Nursing;
               (8)  Texas Optometry Board;
               (9)  Department of Agriculture, for licenses issued
  under Chapter 1951, Occupations Code;
               (10)  Texas State Board of Pharmacy;
               (11)  Executive Council of Physical Therapy and
  Occupational Therapy Examiners;
               (12)  Texas State Board of Plumbing Examiners;
               (13)  Texas State Board of Podiatric Medical Examiners;
               (14)  Texas State Board of Examiners of Psychologists;
               (15)  State Board of Veterinary Medical Examiners;
               (16)  Texas Real Estate Commission;
               (17)  Texas Appraiser Licensing and Certification
  Board;
               (18)  Texas Department of Licensing and Regulation;
               (19)  Texas State Board of Public Accountancy;
               (20)  State Board for Educator Certification;
               (21)  [Texas Board of Professional Engineers;
               [(22)]  Department of State Health Services;
               (22) [(23)  Texas Board of Architectural Examiners;
               [(24)]  Texas Racing Commission;
               (23) [(25)]  Commission on Law Enforcement Officer
  Standards and Education; and
               (24) [(26)]  Texas Private Security Board.
         SECTION 3.07.  Section 2166.202(b), Government Code, is
  amended to read as follows:
         (b)  The commission, in consultation with the Texas Board of
  Professional Services [Architectural Examiners and the Texas Board
  of Professional Engineers], shall adopt by rule criteria to
  evaluate the competence and qualifications of a prospective private
  design professional.
         SECTION 3.08.  Section 361.901(6), Health and Safety Code,
  is amended to read as follows:
               (6)  "Licensed professional engineer" means a person
  licensed by the Texas Board of Professional Services [Engineers].
         SECTION 3.09.  Section 366.071(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A person who conducts preconstruction site evaluations,
  including visiting a site and performing a soil analysis, a site
  survey, or other activities necessary to determine the suitability
  of a site for an on-site sewage disposal system must hold a license
  issued by the commission under Chapter 37, Water Code, unless the
  person is licensed by the Texas Board of Professional Services
  [Engineers] as an engineer.
         SECTION 3.10.  Section 2210.102(g), Insurance Code, is
  amended to read as follows:
         (g)  The commissioner shall appoint one person to serve as a
  nonvoting member of the board to advise the board regarding issues
  relating to the inspection process.  The commissioner may give
  preference in an appointment under this subsection to a person who
  is a qualified inspector under Section 2210.254.  The nonvoting
  member appointed under this section must:
               (1)  be an engineer licensed by, and in good standing
  with, the Texas Board of Professional Services [Engineers];
               (2)  reside in a first tier coastal county; and
               (3)  be knowledgeable of, and have professional
  expertise in, wind-related design and construction practices in
  coastal areas that are subject to high winds and hurricanes.
         SECTION 3.11.  Section 2210.255(a), Insurance Code, is
  amended to read as follows:
         (a)  On request of an engineer licensed by the Texas Board of
  Professional Services [Engineers], the commissioner shall appoint
  the engineer as an inspector under this subchapter not later than
  the 10th day after the date the engineer delivers to the
  commissioner information demonstrating that the engineer is
  qualified to perform windstorm inspections under this subchapter.
         SECTION 3.12.  Section 2210.256(f), Insurance Code, is
  amended to read as follows:
         (f)  If an appointee is an engineer licensed by the Texas
  Board of Professional Services [Engineers] who is found by the
  department to have knowingly, wilfully, fraudulently, or with gross
  negligence signed or caused to be prepared an inspection report
  that contains a false or fraudulent statement, the commissioner may
  take action against the appointee in the manner provided by
  Subsections (a) and (b) but may not assess a fine against the
  appointee. The commissioner shall notify the Texas Board of
  Professional Services [Engineers] of an order issued by the
  commissioner against an appointee who is an engineer licensed by
  that board, including an order suspending or revoking the
  appointment of the person.
         SECTION 3.13.  Section 214.215(d), Local Government Code, is
  amended to read as follows:
         (d)  A municipality may:
               (1)  adopt the rehabilitation code or prescriptive
  provisions for rehabilitation recommended by the Texas Board of
  Professional Services [Architectural Examiners]; or
               (2)  amend its rehabilitation code or prescriptive
  provisions for rehabilitation.
         SECTION 3.14.  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 an engineer [a person] licensed by the Texas Board of
  Professional Services [Engineers] or a person licensed by 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.
  ARTICLE 4. REPEALER
         SECTION 4.01.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 1001.005;
               (2)  Subchapters C, D, and E, Chapter 1001;
               (3)  Sections 1051.001(3) and (4);
               (4)  Section 1051.003;
               (5)  Subchapters B, C, and D, Article 1, Chapter 1051;
               (6)  Section 1051.604;
               (7)  Subchapter M, Article 3, Chapter 1051;
               (8)  Subchapter B, Chapter 1052;
               (9)  Chapter 1053;
               (10)  Section 1071.003; and
               (11)  Subchapters B, C, and D, Chapter 1071.
  ARTICLE 5. TRANSITION AND EFFECTIVE DATE
         SECTION 5.01.  (a)  The Texas Board of Professional
  Engineers, the Texas Board of Architectural Examiners, and the
  Texas Board of Professional Land Surveying are abolished but
  continue in existence until September 1, 2012, for the sole purpose
  of transferring obligations, property, employees, rights, powers,
  and duties to the Texas Board of Professional Services created
  under Subtitle D, Title 6, Occupations Code, as added by this Act.
  The Texas Board of Professional Services assumes all of the
  obligations, property, rights, powers, and duties of the Texas
  Board of Professional Engineers, the Texas Board of Architectural
  Examiners, and 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
  Engineers, the Texas Board of Architectural Examiners, and the
  Texas Board of Professional Land Surveying are transferred to the
  Texas Board of Professional Services. The transfer of the
  obligations, property, rights, powers, and duties of the Texas
  Board of Professional Engineers, the Texas Board of Architectural
  Examiners, and the Texas Board of Professional Land Surveying to
  the Texas Board of Professional Services must be completed not
  later than September 1, 2012.
         (b)  All rules of the Texas Board of Professional Engineers,
  the Texas Board of Architectural Examiners, and the Texas Board of
  Professional Land Surveying are continued in effect as rules of the
  Texas Board of Professional Services until superseded by a rule of
  the Texas Board of Professional Services. A certificate, license,
  registration, or other authorization issued by the Texas Board of
  Professional Engineers, the Texas Board of Architectural
  Examiners, or 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.  Except as provided by
  Sections 5.04 and 5.05 of this article, 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 Engineers, the Texas Board of
  Architectural Examiners, or the Texas Board of Professional Land
  Surveying means the Texas Board of Professional Services.
         SECTION 5.02.  (a)  In making the initial appointments to
  the Texas Board of Professional Services, the governor shall
  appoint:
               (1)  three members to serve terms expiring February 1,
  2013;
               (2)  four members to serve terms expiring February 1,
  2015; and
               (3)  four members to serve terms expiring February 1,
  2017.
         (b)  Not later than March 1, 2012, each initial board member
  appointed under this section must complete the training required by
  Section 1081.056, Occupations Code, as added by this Act.  Before
  March 1, 2012, Section 1081.056(a) does not apply to an initial
  board member.
         SECTION 5.03.  Not later than the 90th day after the date
  that a majority of the members of the Texas Board of Professional
  Services are appointed under Section 5.02 of this article and
  qualify for office, the board shall appoint an executive director
  under Section 1082.001, Occupations Code, as added by this Act. A
  person who is the executive director of the Texas Board of
  Professional Engineers, the Texas Board of Architectural
  Examiners, or the Texas Board of Professional Land Surveying on, or
  within one year preceding, the effective date of this Act is not
  eligible to be employed as the initial executive director under
  this section.
         SECTION 5.04.  An offense under Section 1053.351,
  Occupations Code, may not be prosecuted after the effective date of
  this Act. If on the effective date of this Act a criminal action is
  pending for an offense under Section 1053.351, Occupations Code,
  the action is dismissed on that date. However, a final conviction
  for an offense under Section 1053.351, Occupations Code, that
  exists on the effective date of this Act is unaffected by this Act.
         SECTION 5.05.  The Texas Board of Architectural Examiners
  may not institute a disciplinary action under Section 1053.251,
  Occupations Code, administrative penalty under Section 1051.451,
  Occupations Code, or other enforcement action under Chapter 1051 or
  1053, Occupations Code, on or after the effective date of this Act.  
  If on the effective date of this Act a disciplinary action under
  Section 1053.251, Occupations Code, administrative penalty under
  Section 1051.451, Occupations Code, or other enforcement action
  under Chapter 1051 or 1053, Occupations Code, is pending, the
  action is dismissed on that date.  However, a final decision or an
  order for a disciplinary action under Section 1053.251, Occupations
  Code, administrative penalty under Section 1051.451, Occupations
  Code, or other enforcement action under Chapter 1051 or 1053,
  Occupations Code, that exists on the effective date of this Act is
  unaffected by this Act.
         SECTION 5.06.  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 5.07.  This Act takes effect September 1, 2011.