22 TAC §131.162
The Texas Board of Professional Engineers proposes an amendment
to §131.162, concerning compliance and enforcement.
The proposed amendment to §131.162 provides the authority for the
board to implement enforcement of the provisions of §17 of the Texas
Engineering Practice Act in accordance with House Bill 1544, 76th Legislature,
RS, concerning the registration of firms.
Victoria J.L. Hsu, P.E., Executive Director, Texas Board of Professional
Engineers, has determined that for the first five-year period the section
is in effect there will no effect for state or local government.
Ms. Hsu also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be the authority for the board to implement enforcement of
the provisions of §17 of the Texas Engineering Practice Act in accordance
with House Bill 1544, 76th Legislature, RS, concerning the registration of
firms. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Victoria J.L. Hsu, P.E., Executive
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin,
Texas 78760-8329.
The amendment is proposed under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
Texas Civil Statutes, Article 3271a, §17 and §22c, is affected
by the proposed amendment.
§131.162.Firm Compliance.
(a)
The board shall not consider any firm, partnership,
association, corporation, or other business entity as being in compliance
with the Texas Engineering Practice Act (Act), §17 and §18, unless
a licensed professional engineer is a regular full-time employee of the firm,
partnership, association, corporation or other business entity. The engineer
shall provide to the board evidence of such employment upon its request. This
section does not prohibit a licensed professional engineer from performing
consulting engineering services on a part-time basis as an individual. An
engineering firm shall provide that at least one full-time
engineer employee
[
employee engineer
] directly supervises all engineering
work performed in branch, remote, or project offices.
(b)
In accordance with §17 of the Act
and §131.141 of this title (relating to Authority), all sole proprietorships,
firms, partnerships, corporations and joint stock associations offering engineering
services to the public must be registered by the board. Effective October
1, 2000, any qualifying entity under §17 of the Act that offers consulting
engineering services to the public and does not hold a current certificate
of registration with the board shall be considered to be in violation of the
Act and board rules and will be subject to administrative penalties as set
forth in §22C of the Act and §131.167(i) of this title (relating
to Disciplinary Actions).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 17, 2000.
TRD-200004907
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 440-7723