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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Board of |
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Professional Engineers; changing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1001.005, Occupations Code, is amended |
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to read as follows: |
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Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board |
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of Professional Engineers is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the board is abolished and this chapter expires |
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September 1, 2025 [2013]. |
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SECTION 2. Section 1001.206(a), Occupations Code, is |
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amended to read as follows: |
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(a) The fee for a license under this chapter, for the annual |
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renewal of that license, and for a reciprocal license under this |
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chapter is increased by $200. The fee increase shall be collected |
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at the time of the issuance or renewal of the license. |
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SECTION 3. Section 1001.304, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The board shall: |
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(1) adopt policies and guidelines detailing the |
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procedures for the examination process, including examination |
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admission, examination administration, and national examination |
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requirements; and |
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(2) post on the board's Internet website the policies |
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that reference the examination procedures of the board or, if |
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applicable, the national organization selected by the board to |
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administer an examination. |
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SECTION 4. Section 1001.309(b), Occupations Code, is |
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amended to read as follows: |
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(b) The board shall consider as minimum evidence that an |
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applicant is qualified for certification or enrollment as an |
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engineer-in-training if the applicant: |
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(1) complies with the education and character |
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requirements of Section 1001.302; and |
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(2) has passed the board's [eight-hour written] |
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examination in the fundamentals of engineering. |
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SECTION 5. Subchapter G, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.3035 to read as follows: |
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Sec. 1001.3035. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE ISSUANCE. (a) The board shall require that |
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an applicant for a license submit a complete and legible set of |
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fingerprints, on a form prescribed by the board, to the board or to |
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the Department of Public Safety for the purpose of obtaining |
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criminal history record information from the Department of Public |
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Safety and the Federal Bureau of Investigation. |
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(b) The board may not issue a license to a person who does |
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not comply with the requirement of Subsection (a). |
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(c) The board shall conduct a criminal history check of each |
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applicant for a license using information: |
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(1) provided by the individual under this section; and |
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(2) made available to the board by the Department of |
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Public Safety, the Federal Bureau of Investigation, and any other |
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criminal justice agency under Chapter 411, Government Code. |
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(d) The board may: |
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(1) enter into an agreement with the Department of |
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Public Safety to administer a criminal history check required under |
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this section; and |
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(2) authorize the Department of Public Safety to |
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collect from each applicant the costs incurred by the Department of |
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Public Safety in conducting the criminal history check. |
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SECTION 6. Subchapter H, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.3535 to read as follows: |
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Sec. 1001.3535. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a |
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license issued under this chapter shall submit a complete and |
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legible set of fingerprints for purposes of performing a criminal |
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history check of the applicant as provided by Section 1001.3035. |
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(b) The board may not renew the license of a person who does |
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not comply with the requirement of Subsection (a). |
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(c) A license holder is not required to submit fingerprints |
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under this section for the renewal of the license if the license |
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holder has previously submitted fingerprints under: |
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(1) Section 1001.3035 for the initial issuance of the |
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license; or |
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(2) this section as part of a prior license renewal. |
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SECTION 7. Subchapter J, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.4528 to read as follows: |
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Sec. 1001.4528. EMERGENCY SUSPENSION. (a) The board or a |
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three-member panel of board members designated by the board shall |
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temporarily suspend the license, certificate, or registration of a |
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person if the board or panel determines from the evidence or |
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information presented to it that continued practice by the person |
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would constitute a continuing and imminent threat to the public |
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welfare. |
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(b) A license, certificate, or registration may be |
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suspended under this section without notice or hearing on the |
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complaint if: |
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(1) action is taken to initiate proceedings for a |
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hearing before the State Office of Administrative Hearings |
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simultaneously with the temporary suspension; and |
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(2) a hearing is held as soon as practicable under this |
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chapter and Chapter 2001, Government Code. |
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(c) The State Office of Administrative Hearings shall hold a |
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preliminary hearing not later than the 14th day after the date of |
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the temporary suspension to determine if there is probable cause to |
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believe that a continuing and imminent threat to the public welfare |
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still exists. A final hearing on the matter shall be held not later |
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than the 61st day after the date of the temporary suspension. |
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SECTION 8. Section 1001.502(a), Occupations Code, is |
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amended to read as follows: |
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(a) The amount of an administrative penalty may not exceed |
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$5,000 [$3,000] for each violation. Each day a violation continues |
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or occurs is a separate violation for purposes of imposing a |
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penalty. |
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SECTION 9. Subchapter L, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.5511 to read as follows: |
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Sec. 1001.5511. CEASE AND DESIST ORDER. If it appears to |
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the board that a person who is not licensed, certified, or |
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registered under this chapter is violating this chapter, a rule |
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adopted under this chapter, or another state statute or rule |
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relating to the practice of engineering, the board, after notice |
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and opportunity for a hearing, may issue a cease and desist order |
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prohibiting the person from engaging in the activity. |
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SECTION 10. (a) Not later than December 1, 2013, the Texas |
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Board of Professional Engineers shall adopt rules necessary to |
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implement the changes in law made by this Act to Chapter 1001, |
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Occupations Code. |
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(b) Sections 1001.3035 and 1001.3535, Occupations Code, as |
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added by this Act, apply only to an application for a license or |
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renewal of a license filed with the Texas Board of Professional |
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Engineers on or after January 1, 2014. An application filed before |
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that date is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(c) Section 1001.502(a), Occupations Code, as amended by |
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this Act, applies only to a violation that occurs on or after the |
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effective date of this Act. A violation that occurs before that |
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date is governed by the law in effect when the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2013. |