By: Nichols S.B. No. 204
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Board of
  Professional Engineers; changing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1001.005, Occupations Code, is amended
  to read as follows:
         Sec. 1001.005.  APPLICATION OF SUNSET ACT.  The Texas Board
  of Professional Engineers 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 chapter expires
  September 1, 2025 [2013].
         SECTION 2.  Subsection (a), Section 1001.206, Occupations
  Code, is amended to read as follows:
         (a)  The fee for a license under this chapter, for the annual
  renewal of that license, and for a reciprocal license under this
  chapter is increased by $200.  The fee increase shall be collected
  at the time of the issuance or renewal of the license.
         SECTION 3.  Section 1001.304, Occupations Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The board shall:
               (1)  adopt policies and guidelines detailing the
  procedures for the examination process, including examination
  admission, examination administration, and national examination
  requirements; and
               (2)  post on the board's Internet website the policies
  that reference the examination procedures of the board or, if
  applicable, the national organization selected by the board to
  administer an examination.
         SECTION 4.  Subsection (b), Section 1001.309, Occupations
  Code, is amended to read as follows:
         (b)  The board shall consider as minimum evidence that an
  applicant is qualified for certification or enrollment as an
  engineer-in-training if the applicant:
               (1)  complies with the education and character
  requirements of Section 1001.302; and
               (2)  has passed the board's [eight-hour written]
  examination in the fundamentals of engineering.
         SECTION 5.  Subchapter G, Chapter 1001, Occupations Code, is
  amended by adding Section 1001.3035 to read as follows:
         Sec. 1001.3035.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a)  The board shall require
  that an applicant for a license submit a complete and legible set of
  fingerprints, on a form prescribed by the board, to the board or to
  the Department of Public Safety for the purpose of obtaining
  criminal history record information from the Department of Public
  Safety and the Federal Bureau of Investigation.
         (b)  The board may not issue a license to a person who does
  not comply with the requirement of Subsection (a).
         (c)  The board shall conduct a criminal history check of each
  applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the board by the Department of
  Public Safety, the Federal Bureau of Investigation, and any other
  criminal justice agency under Chapter 411, Government Code.
         (d)  The board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history check required under
  this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history check.
         SECTION 6.  Subchapter H, Chapter 1001, Occupations Code, is
  amended by adding Section 1001.3535 to read as follows:
         Sec. 1001.3535.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE RENEWAL. (a)  An applicant renewing a
  license issued under this chapter shall submit a complete and
  legible set of fingerprints for purposes of performing a criminal
  history check of the applicant as provided by Section 1001.3035.
         (b)  The board may not renew the license of a person who does
  not comply with the requirement of Subsection (a).
         (c)  A license holder is not required to submit fingerprints
  under this section for the renewal of the license if the license
  holder has previously submitted fingerprints under:
               (1)  Section 1001.3035 for the initial issuance of the
  license; or
               (2)  this section as part of a prior license renewal.
         SECTION 7.  Subchapter J, Chapter 1001, Occupations Code, is
  amended by adding Section 1001.4528 to read as follows:
         Sec. 1001.4528.  EMERGENCY SUSPENSION. (a)  The board or a
  three-member panel of board members designated by the board shall
  temporarily suspend the license, certificate, or registration of a
  person if the board or panel determines from the evidence or
  information presented to it that continued practice by the person
  would constitute a continuing and imminent threat to the public
  welfare.
         (b)  A license, certificate, or registration may be
  suspended under this section without notice or hearing on the
  complaint if:
               (1)  action is taken to initiate proceedings for a
  hearing before the State Office of Administrative Hearings
  simultaneously with the temporary suspension; and
               (2)  a hearing is held as soon as practicable under this
  chapter and Chapter 2001, Government Code.
         (c)  The State Office of Administrative Hearings shall hold a
  preliminary hearing not later than the 14th day after the date of
  the temporary suspension to determine if there is probable cause to
  believe that a continuing and imminent threat to the public welfare
  still exists. A final hearing on the matter shall be held not later
  than the 61st day after the date of the temporary suspension.
         SECTION 8.  Subsection (a), Section 1001.502, Occupations
  Code, is amended to read as follows:
         (a)  The amount of an administrative penalty may not exceed
  $5,000 [$3,000] for each violation. Each day a violation continues
  or occurs is a separate violation for purposes of imposing a
  penalty.
         SECTION 9.  Subchapter L, Chapter 1001, Occupations Code, is
  amended by adding Section 1001.5511 to read as follows:
         Sec. 1001.5511.  CEASE AND DESIST ORDER. If it appears to
  the board that a person who is not licensed, certified, or
  registered under this chapter is violating this chapter, a rule
  adopted under this chapter, or another state statute or rule
  relating to the practice of engineering, the board, after notice
  and opportunity for a hearing, may issue a cease and desist order
  prohibiting the person from engaging in the activity.
         SECTION 10.  (a)  Not later than December 1, 2013, the Texas
  Board of Professional Engineers shall adopt rules necessary to
  implement the changes in law made by this Act to Chapter 1001,
  Occupations Code.
         (b)  Sections 1001.3035 and 1001.3535, Occupations Code, as
  added by this Act, apply only to an application for a license or
  renewal of a license filed with the Texas Board of Professional
  Engineers on or after January 1, 2014. An application filed before
  that date is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         (c)  Subsection (a), Section 1001.502, Occupations Code, as
  amended by this Act, applies only to a violation that occurs on or
  after the effective date of this Act. A violation that occurs
  before that date is governed by the law in effect when the violation
  occurred, and the former law is continued in effect for that
  purpose.
         SECTION 11.  This Act takes effect September 1, 2013.