Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 131.
PRACTICE AND PROCEDURE
The Texas Board of Professional Engineers adopts the repeal of Texas
Administrative Code, Title 22, Part 6, Texas Board of Professional Engineers,
Chapter 131, Practice and Procedure in its entirety as a part of the rule
review required by Chapter 2001, Texas Government Code. The rules repealed
and replaced by new rules in new chapters are: Subchapter A, Bylaws and Definitions, §§131.1
- 131.22, Subchapter B, Application for License, §§131.31 - 131.38
and §§131.51 - 131.55, Subchapter C, References, §§131.71
- 131.73, Subchapter D, Engineering Experience, §131.81, Subchapter E,
Education, §§131.91 - 131.94, Subchapter F, Examinations, §§131.101
- 131.108, Subchapter G, Board Review of Application §§131.111 -
131.116, Subchapter H, Licensing, Division 1, Professional Engineer License, §§131.131
- 131.139, Division 2, Registration of Firms, §§131.141 - 131.144,
Subchapter I, Professional Conduct and Ethics, §§131.151 - 131.156,
Subchapter J, Compliance and Enforcement, §§131.161 - 131.168, Subchapter
K, Complaints, §§131.171 - 131.177, Subchapter L, Hearings--Contested
Cases, §§131.181 - 131.223 and Subchapter M, Policy Advisory Opinions, §§131.301
- 131.307. The rules are adopted without changes to the proposed text as published
in the February 20, 2004, issue of the
Texas Register
(29 TexReg 1568) and will not be republished.
The Board adopts this action in conjunction with adopting five new chapters
to better organize the agency rules and procedures. Since the statutory references
in the Board Rules must be changed to reflect the new designations in the
re-codified Act, nearly every rule had to be re-proposed and adopted with
the new references. The Board has chosen at this time to fix some organization
problems in the existing rules as well as incorporate new legislative requirements.
No comments were received regarding adoption of the rules.
Subchapter A. BYLAWS AND DEFINITIONS
22 TAC §§131.1 - 131.22
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 30, 2004.
TRD-200402920
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.31 - 131.38, 131.51 - 131.55
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402921
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.71 - 131.73
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402922
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §131.81
The repeal is adopted pursuant to the Texas Engineering Practice
Act, Texas Occupations Code §1001.202, which authorizes the board to
make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402923
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.91 - 131.94
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402924
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.101 - 131.108
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402926
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.111 - 131.116
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402925
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
1.
PROFESSIONAL ENGINEER LICENSE
22 TAC §§131.131 - 131.139
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402927
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.141 - 131.144
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402928
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.151 - 131.156
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402929
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.161 - 131.168
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402930
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.171 - 131.177
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402931
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.181 - 131.223
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402932
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.301 - 131.307
The repeals are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402933
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers adopts new rules in Texas
Administrative Code, Title 22, Part 6 Texas Board of Professional Engineers,
Chapter 131: Organization and Administration. The adopted new rules are: Subchapter
A, Organization and Administration, §§131.1, 131.3, 131.5, 131.7,
131.9, 131.11, 131.13, 131.15, Subchapter B, Organization of the Board Staff, §§131.31,
131.33, 131.35, Subchapter C, Meetings, §§131.41, 131.43, 131.45,
131.47, 131.49, 131.51, 131.53, Subchapter D, Fiscal Matters, §131.61, §131.63,
Subchapter E, Cooperative Affiliations, §131.71, §131.73, Subchapter
F, Administration, §§131.81, 131.83, 131.85, Subchapter G, Advisory
Opinions, §§131.101, 131.103, 131.105, 131.107, 131.109, and, 131.111.
The rules are adopted without changes to the proposed text as published in
the February 20, 2004, issue of the
Texas Register
(29 TexReg 1575) and will not be republished.
The Board adopts this action in conjunction with repeal of the existing
Chapter 131: Practice and Procedure. Also, the board adopts this action in
conjunction with adopting five new chapters to better organize the agency
rules and procedures.
As a part of the rule review required by Chapter 2001, Texas Government
Code, the Board must review and update the existing rules. Since the statutory
references in the Board Rules must be changed to reflect the new designations
in the re-codified Act, nearly every rule must be re-proposed and adopted
with the new references. The Board has chosen at this time to re-organize
the existing rules, incorporate new legislative requirements, and develop
a framework to aid in future rule expansion.
Since most of the content of the adopted rules are a repeat of the existing
rules with few changes, the board will highlight substantive changes by subchapter.
The adopted rules are not numbered consecutively and reserve numbers for future
expansion.
In the adopted Subchapter A: Organization of the Board, the board includes
the statutory provision requiring the governor to appoint the presiding officer
of the board. In addition, the new rules summarize the board member responsibilities
and duties. The adopted rule for board committees establishes a new policy
advisory opinion committee and summarizes the statutory requirements for the
joint committee on the practice of engineering and architecture.
In the adopted Subchapter B: Organization of the Board Staff, the board
expands its employee training rules to comply with the State Employee Training
Act, §656, Texas Government Code.
In the adopted Subchapter C: Meetings, the board establishes by rule a
procedure for public comment at committee and full board meetings. The new
rule also allows for a member of the public to request a topic within the
jurisdiction of the board be placed on a committee or full board agenda subject
to the discretion of the committee or board chair. In this subchapter, the
existing rules regarding meetings were modified to reflect the current language
in the statute.
In the adopted Subchapter D: Fiscal Matters, the board adopts by reference
procedures required by Chapter 2161 and Chapter 2260, Texas Government Code,
relating to HUB requirements and negotiating contract disputes.
In the adopted Subchapter E: Cooperative Affiliations, the board adopts
rules to clarify participation with the National Council of Examiners for
Engineering and Surveying , including establishing the role and function of
emeritus members from the board to that organization. The new rule also describes
the board's initiative to develop memoranda of understanding with organizations
with engineering related requirements.
In the adopted Subchapter F: Administration, the board adopts definitions
of commonly used terms and phrases in the rules and adds several new definitions
to the existing list of definitions including advisory opinion and number,
various acronyms for organizations related to licensure, and recognized institution
of higher education relevant toward meeting the educational requirements for
licensure. The new rules also summarize the procedures for making board rules
and provides a provision for the statute to take precedent over an existing
rule if the statute becomes effective before the rule can be modified.
And, finally, in the adopted Subchapter G: Advisory Opinions, the board
adopts the existing rules regarding advisory opinions; however, the definitions
of the previous rule have been moved to the earlier section on definitions
and the board adds a provision to clarify that reconsideration or revision
of an existing opinion shall be treated as a new request.
One comment was received from the Texas Council of Engineering Companies
(CEC) concerning §131.81 Definitions. The comment requested the addition
of a new definition concerning "Direct Supervision of Engineering Construction".
Subsequent discussion between TBPE and CEC determined that further discussion
was needed to draft appropriate language and no changes were made to the adopted
rule text.
Subchapter A. ORGANIZATION OF THE BOARD
22 TAC §§131.1, 131.3, 131.5, 131.7, 131.9, 131.11, 131.13, 131.15
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 30, 2004.
TRD-200402934
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.31, 131.33, 131.35
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402935
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.41, 131.43, 131.45, 131.47, 131.49, 131.51, 131.53
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402936
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §131.61, §131.63
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402937
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §131.71, §131.73
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402938
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.81, 131.83, 131.85
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402939
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§131.101, 131.103, 131.105, 131.107, 131.109, 131.111
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402940
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers adopts new rules in Texas
Administrative Code, Title 22, Part 6 Texas Board of Professional Engineers,
Chapter 133: Licensing. The adopted new rules are: Subchapter A, Engineer-in-Training, §133.1, §133.3,
Subchapter B, Professional Engineer Licenses, §133.11, §133.13,
Subchapter C, Application Requirements, §§133.21, 133.23, 133.25,
133.27, Subchapter D, Education, §§133.31, 133.33, 133.35, 133.37,
Subchapter E, Experience, §133.41, §133.43, Subchapter F, Reference
Documentation, §§133.51, 133.53, 133.55, Subchapter G, Examinations, §§133.61,
133.63, 133.65, 133.67, 133.69, 133.71, 133.73, 133.75, Subchapter H, Review
Process of Applications and License Issuance, §§133.81, 133.83,
133.85, 133.87, 133.89, 133.91, 133.93, 133.95, 133.97. Sections 133.1, 133.3,
133.11, 133.13, 133.21, 133.23, 133.25, 133.27, 133.31, 133.33, 133.35, 133.37,
133.41, 133.43, 133.51, 133.53, 133.55, 133.63, 133.65, 133.67, 133.71, 133.73,
133.75, 133.81, 133.83, 133.85, 133.89, 133.91, 133.93, 133.95, 133.97 are
adopted without changes to the proposed text as published in the February
20, 2004, issue of the
Texas Register
(29
TexReg 1584) and will not be republished. Sections 133.61, 133.69 and 133.87
are adopted with non-substantive changes. The text of the rules will be republished.
The Board adopts this action in conjunction with repeal of the existing
Chapter 131: Practice and Procedure. Also, the board adopts this action in
conjunction with adopting five new chapters to better organize the agency
rules and procedures.
As a part of the rule review required by Chapter 2001, Texas Government
Code, the Board must review and update the existing rules. Since the statutory
references in the Board Rules must be changed to reflect the new designations
in the re-codified Act, nearly every rule must be re-proposed and adopted
with the new references. The Board has chosen at this time to re-organize
the existing rules, incorporate new legislative requirements, and develop
a framework to aid in future rule expansion.
Since most of the content of the rules are a repeat of the existing rules
with few changes, the board will highlight substantive changes by subchapter.
The adopted rules are not numbered consecutively and reserves numbers for
future expansion.
In the adopted Subchapter A: Engineer-in-Training, the board re-establishes
rules relating to engineer-in-training in one subsection prior to the rules
relating to professional engineer licensure. The board clarifies that transcripts
submitted since January 1, 2002 to qualify for this certification may be used
toward licensure requirements.
In the adopted Subchapter B: Profession Engineer Licenses, the board re-organizes
the existing rules related to types of licenses and includes new provisions
as allowed by statute for reciprocal licenses. The board summarizes and updates
the list of recognized disciplines of engineering and lists the disciplines
in which a national examination is supplied by the National Council of Examiners
of Engineering and Surveying.
In the adopted Subchapter C: Application Requirements, the board summarizes
the necessary elements of a license application and sets forth the licensure
procedures for a former license holder with an expired license, for an engineering
educator, and for a reciprocal license for a person holding a license from
a jurisdiction the board has determined to have substantially equivalent licensure
requirements.
In the adopted Subchapter D: Education, the board adopts the existing rules
related to acceptable educational credentials for licensure. The board clarifies
and strengthens the board rules to not allow distance learning degrees unless
those degrees are obtained from a recognized institution of higher education
as defined in the board rules. In addition, the board proposes to make allowances
for those graduating from programs, such as those in Europe and Canada, with
sufficient technical content to gain licensure through the examination process
only.
In the adopted Subchapter E: Experience, the board adopts the existing
rules in a more organized arrangement.
In the adopted Subchapter F: Reference Documentation, the board adopts
the existing rules but reduces the number of references to three as allowed
by the new statutory requirements. In addition, the board adopts a new rule
to post a list of applicants for licensure on the website to allow for public
comment.
In the adopted Subchapter G: Examinations, the board adopts the existing
rules related to examinations requirements.
In the adopted Subchapter H: Review Process of Applications and License
Issuance, the board re-organizes the existing rules related to accepting and
reviewing applications. In the new rules, the board clarifies that by submitting
an application and fee, an applicant attests that he or she has reviewed the
requirements and is eligible for licensure and that no refunds will be granted.
The board further breaks down the existing rules into staff duties and board
duties. The new rules clarify the executive director's authority to deny licensure
without further board action for those who do not meet the minimum requirements
for licensure. Those applicants who are denied on this basis may follow the
rule procedures to appeal such a decision. The board also initiates a one
year waiting period between an applicant not passing the examination in the
allotted period or increased educational instruction before such an applicant
can re-apply. And, in this subchapter, the board adopts a formal procedure
for a license holder to add up to two additional branches to the public board
records.
In this rule restructuring process, the board has removed the existing
rules in the licensing division relating to renewal and firm registration
to new chapters on Compliance and Firms and Sole Proprietorships.
No comments were received regarding adoption of the rules.
Subchapter A. ENGINEER-IN-TRAINING
22 TAC §133.1, §133.3
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 30, 2004.
TRD-200402941
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §133.11, §133.13
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402942
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§133.21, 133.23, 133.25, 133.27
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402943
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§133.31, 133.33, 133.35, 133.37
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402944
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §133.41, §133.43
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402945
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§133.51, 133.53, 133.55
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402946
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§133.61, 133.63, 133.65, 133.67, 133.69, 133.71, 133.73, 133.75
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
§133.61.Engineering Examinations Required for a License to Practice as a Professional Engineer.
(a)
Applicants are required to take two written experience
and knowledge examinations, furnished and graded by the NCEES or by the board,
or request a waiver of such examinations pursuant to §133.69 of this
chapter (relating to Waiver of Examinations), and the Texas Engineering Professional
Conduct and Ethics examination, furnished and graded by the board.
(b)
All examinations shall be in the English language.
(c)
Experience and knowledge examinations may be an eight-hour
Fundamentals of Engineering examination and an eight-hour Principles and Practice
of Engineering examination prepared by the NCEES or equivalent as determined
by the board.
(d)
The board shall adopt an examination schedule at least
once a year, which shall include at least the following information:
(1)
the places where the examinations shall be held;
(2)
the dates of the examinations and the deadline date for
an examinee to schedule an examination;
(3)
fees for each examination; and
(4)
types of examinations offered.
(e)
Examinations may be scheduled by obtaining the necessary
form from the board office and timely submission to the board with the appropriate
examination fee.
(f)
Individuals who plan to take an examination must have their
completed examination scheduling form and the appropriate fee in the board
office by the close of regular business on the date established by the applicable
examination schedule adopted by the board.
(g)
Applicants providing an official verification from an NCEES
member board certifying that they have passed the eight-hour examination(s)
in that state shall not be required to take the examination(s) again.
(h)
Examination fees shall not be refunded, but may be applicable
to future examination administrations if an examinee makes a timely request
seven weeks prior to the examination and if approved by the executive director.
(i)
Examination candidates who have been called into active
U.S. military duty or who are re-assigned military personnel and will not
be available to sit for an examination may request the examination cycle be
postponed and any paid examination fees encumbered toward a future examination
date. Such candidates shall submit adequate documentation, including copies
of orders, and a request to postpone the examination cycle to the board. The
candidate shall notify the board of their availability to resume the examination
cycle within 60 days of release from active duty or when they are deployed
to a location that provides a board approved examination.
(j)
All examinations shall be administered to applicants with
disabilities in compliance with the Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et seq.), and its subsequent amendments. Special
accommodations can be provided for examinees with physical or mental impairments
that substantially limit life activities.
(1)
Any individual with a disability who wishes to request
special accommodations must submit a Disability Assessment Form that has been
completed and signed by the examinee and an appropriate licensed health care
professional.
(2)
The Disability Assessment Form must be submitted at least
sixty (60) days prior to the examination to assure ample time to process the
request. Requests for special accommodations submitted less than sixty (60)
days prior to the date of the examination may not leave sufficient time for
approval with the testing service.
(3)
The board may request additional documentation to substantiate
a request for special accommodations.
(4)
The board will accept, review, and submit requests for
special accommodations to the testing service for approval and an examinee
will be notified of approval of the request or reason for denial of the request.
(k)
Pursuant to Texas Occupations Code §54.002, if an
examination candidate's religious beliefs prevent the candidate from taking
an examination on a religious holy day that conflicts with the normally scheduled
examination date, the candidate shall, at the time of examination scheduling,
submit a written request to board to take the examination on an alternate
date.
(l)
Upon successful passage of the experience and knowledge
examinations, or being granted a waiver of one or both examinations pursuant
to §133.69 of this chapter (relating to Waiver of Examinations), an applicant
shall be considered to have met the examination requirements for licensure
as a professional engineer in Texas.
§133.69.Waiver of Examinations.
(a)
Examinations are considered an integral part of the licensing
process; all applicants are expected to have passed the examinations or to
offer sufficient evidence of their qualifications in the absence of passage
of the examinations. The board may waive one or both of the examination on
the fundamentals of engineering or examination on the principles and practice
of engineering for applicants who:
(1)
do not pose a threat to the public health, safety, or welfare;
(2)
request a waiver in writing at the time the application
is filed; and
(3)
meet one of the following requirements:
(A)
persons who have 12 or more years of creditable engineering
experience, as evaluated by the board under §133.43 of this chapter (relating
to Experience Evaluation), and meet the educational requirements of §1001.302(a)(1)(A)
of the Act; or
(B)
persons who have 16 years of creditable engineering experience,
as evaluated by the board under §133.43 of this chapter (relating to
Experience Evaluation), and meet the educational requirements of §1001.302(a)(1)(B)
of the Act; or
(C)
persons who have a Ph.D. degree in engineering from a college
or university having an undergraduate or master's degree program in a related
branch of engineering that is accredited or approved by the Engineering Accreditation
Commission of the Accreditation Board for Engineering and Technology, United
States (EAC/ABET), and who began teaching engineering prior to September 1,
2001, and have:
(i)
taught in an EAC/ABET-accredited or -approved program for
at least four years, or have at least four years of experience consisting
of a combination of EAC/ABET teaching experience or other creditable engineering
experience, as evaluated by the board under §133.43 of this chapter (relating
to Experience Evaluation), to request waiver of the examination on the fundamentals
of engineering; or
(ii)
taught in an EAC/ABET-accredited or -approved program
for at least six years, or have at least six years of experience consisting
of a combination of EAC/ABET teaching experience or other creditable engineering
experience, as evaluated by the board under §133.43 of this chapter (relating
to Experience Evaluation), to request waiver of both the examination on the
fundamentals of engineering and the examination on the principles and practice
of engineering ;
(D)
persons who have a Ph.D. degree in engineering not qualifying
under Paragraph C of this section or other related field of science or mathematics
that is individually assessed and approved by the board during the evaluation
process, and who began teaching engineering prior to September 1, 2001, and
have taught in an EAC/ABET-accredited or -approved program for at least eight
years, or have at least eight years of experience consisting of a combination
of EAC/ABET teaching experience or other creditable engineering experience,
as evaluated by the board under §133.43 of this chapter (relating to
Experience Evaluation), to request waiver of either or both the examination
on the fundamentals of engineering and /or the examination on the principles
and practice of engineering .
(b)
An applicant is not eligible to request a waiver of the
examination on the principles and practice of engineering if the applicant
has taken and failed any examination on the principles and practice of engineering
within the previous four years.
(c)
Applicants requesting a waiver from any examination(s)
shall file any additional information needed to substantiate the eligibility
for the waiver with the application, as provided in §133.51 of this chapter
(relating to Reference Providers), and §133.52 of this chapter (relating
to Reference Statements). The board shall review all elements of the application
to evaluate waiver request(s) and may grant a waiver(s) to qualified applicants.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402947
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§133.81, 133.83, 133.85, 133.87, 133.89, 133.91, 133.93, 133.95, 133.97
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
§133.87.Final Action on Applications.
(a)
Upon approval of an application by the executive director,
the licensing committee, or the board in a manner provided in this subchapter,
the executive director shall:
(1)
approve an application subject to the applicant's taking
and passing the examination on the principles and practice of engineering;
or
(2)
issue a license to an applicant who has passed the examination
on the principles and practice of engineering or who has had that examination
waived.
(b)
The board shall deny an application if any of the following
occurs:
(1)
the application has been administratively withdrawn for
a period of six months;
(2)
three of the professional engineer board members or majority
of the full board voted to deny an application on the basis that the applicant
does not meet the requirements of §1001.302 of the Act; or
(3)
the applicant did not pass the examination on the principles
and practice of engineering in the prescribed time.
(c)
An applicant who has been denied a license for failure
to pass the examination on the principles and practice of engineering within
the prescribed time may not re-apply for a license until one (1) year has
passed from the date on the notification of failure to pass the examination
or until the applicant has completed at least six (6) additional hours of
formal classroom courses relevant to the applicant's dominant branch or discipline
of experience.
(d)
The board by vote shall confirm the action taken on a license
at its next regularly scheduled meeting.
(e)
The executive director shall advise the applicant in writing
of any decision of the executive director, the licensing committee, or the
board, as applicable.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402948
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§135.1, 135.3, 135.5
The Texas Board of Professional Engineers adopts new rules
in Texas Administrative Code, Title 22, Part 6 Texas Board of Professional
Engineers, Chapter 135: Firms and Sole Proprietorships. The adopted new rules
are §§135.1, 135.3, and 135.5. Sections 135.1 and 135.5 are adopted
without changes to the proposed text as published in the February 20, 2004,
issue of the
Texas Register
(29 TexReg 1597)
and will not be republished. Section 135.3 is adopted with non-substantive
changes. The text of the rule will be republished.
The Board adopts this action in conjunction with repeal of the existing
Chapter 131: Practice and Procedure. Also, the board adopts this action in
conjunction adopting five new chapters to better organize the agency rules
and procedures.
As a part of the rule review required by Chapter 2001, Texas Government
Code, the Board must review and update the existing rules. Since the statutory
references in the Board Rules must be changed to reflect the new designations
in the re-codified Act, nearly every rule must be adopted with the new references.
The Board has chosen at this time to re-organize the existing rules, incorporate
new legislative requirements, and develop a framework to aid in future rule
expansion.
Since most of the content of the rules are a repeat of the existing rules
with few changes, the board highlights substantive changes. The adopted rules
are not numbered consecutively and reserves numbers for future expansion.
In this new Chapter, the board adopts the existing rules regarding firm
and sole proprietorship registration. The registration compliance and renewal
requirements are being adopted as a subchapter in the new chapter on Compliance.
No comments were received regarding adoption of the rules.
The new rules are adopted pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own proceedings,
and the regulation of the practice of engineering in this state.
§135.3.Application for a Certificate of Registration.
(a)
The board may issue a certificate of registration only
to applicant firms having submitted sufficient information to meet the requirements
set forth in §1001.405 of the Act and this section.
(b)
The authorized official of the firm shall complete the
form furnished by the board including but not limited to the following information
listed in paragraphs (1)-(6) of this subsection:
(1)
the name, address, and communication number of the firm
offering to engage or engaging in the practice of professional engineering
for the public in Texas;
(2)
the name, position, address, and communication numbers
of each officer or director;
(3)
the name, address, and current active Texas professional
engineer license number of each regular, full-time engineer employee performing
engineering for the public in Texas on behalf of the firm;
(4)
the name, location, and communication numbers of each subsidiary
or branch office offering to engage or engaging in the practice of professional
engineering for the public in Texas, if any;
(5)
a signed statement attesting to the correctness and completeness
of the application; and
(6)
a registration fee as established by the board.
(c)
For a firm that offers or performs services only on a part-time
basis, the professional engineer who has physical presence, is an employee
of the firm, and offers or performs the engineering work or who directly supervises
the engineering work while the firm is in operation shall satisfy the requirement
of the regular, full-time employee.
(d)
The application fee will not be refunded.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 30, 2004.
TRD-200402949
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers adopts new rules in Texas
Administrative Code, Title 22, Part 6 Texas Board of Professional Engineers,
Chapter 137: Compliance and Professionalism. The adopted new rules are: Subchapter
A, Individual and Engineer Compliance, §§137.1, 137.3, 137.5, 137.7,
137.9, 137.11, 137.13, 137.15, 137.17, Subchapter B, Sealing Requirements, §§137.31,
137.33, 137.35, 137.37, Subchapter C, Professional Conduct and Ethics, §§137.51,
137.53, 137.55, 137.57, 137.59, 137.61, 137.63, 137.65, Subchapter D, Firm
Sole Proprietorship and Governmental Entity Compliance, §§137.71,
137.73, 137.75, 137.77, and 137.79. Sections 137.1, 137.3, 137.5, 137.7, 137.9,
137.11, 137.13, 137.15, 137.31, 137.33, 137.35, 137.37, 137.51, 137.53, 137.55,
137.57, 137.59, 137.63, 137.65, 137.71, 137.73, 137.75 and 137.79 are adopted
without changes to the proposed text as published in the February 20, 2004,
issue of the
Texas Register
(29 TexReg 1599)
and will not be republished. Sections 137.17, 137.61, 137.63 and 137.77 are
adopted with non-substantive changes. The text of the rules will be republished.
The Board adopts this action in conjunction with repeal of the existing
Chapter 131: Practice and Procedure. Also, the board adopts this action in
conjunction with adopting five new chapters to better organize the agency
rules and procedures.
As a part of the rule review required by Chapter 2001, Texas Government
Code, the Board must review and update the existing rules. Since the statutory
references in the Board Rules must be changed to reflect the new designations
in the re-codified Act, nearly every rule must be re-proposed and adopted
with the new references. The Board has chosen at this time to re-organize
the existing rules, incorporate new legislative requirements, and develop
a framework to aid in future rule expansion.
Since most of the content of the adopted rules are a repeat of the existing
rules with few changes, the board will highlight substantive changes by subchapter.
The adopted rules are not numbered consecutively and reserves numbers for
future expansion.
In the adopted Subchapter A: Individual and Engineer Compliance, the board
adopts new rules to describe titles a license holder and non-license holder
may use based on new statutory provisions. In addition, the board includes
in this subchapter, the activities a license holder must perform to maintain
a license in good standing including address/employment change notification,
renewal, and continuing education. The new rules also change the existing
board requirement for renewing an expired license as mandated in the statute.
The board also recently adopted rules describing the procedures for claiming
inactive status and for returning to active status.
In the adopted Subchapter B: Sealing Requirements, the board re-organizes
the existing rules into a more logical fashion and addresses electronic sealing
requirements. A new rule is adopted to summarize acts of misconduct relating
to sealing and signing engineering work.
In the adopted Subchapter C: Professional Conduct and Ethics, the board
re-proposes and adopts the existing rules. In addition, the board creates
a new rule from an existing rule paragraph regarding an engineer's compliance
the Professional Services Procurement Act.
In the adopted Subchapter D: Firm, Sole Proprietorship, and Governmental
Entity Compliance, the board re-organizes the existing rules from the previous
chapter that relate to activities firms, sole proprietorships, and governmental
entities must perform to maintain compliance with the Act. The new rules clarify
that it is a violation of the Act to obtain a registration using fraudulent
or misleading information including circumventing the statutory requirement
to employ a full-time professional engineer on staff. In addition, the board
adopts a new rule setting standards for compliance with the Professional Services
Procurement Act for governmental entities or the board will report the entity
to the appropriate jurisdictional authority.
Two comments were received from the Texas Council of Engineering Companies
(CEC) concerning §137.33(h) Sealing Procedures and §137.35 Electronic
Seals and Sealing Requirements. The comments for §137.33(h) Sealing Procedures
included language to clarify engineering activities regarding governmental
review of engineering work. The comments for §137.35 Electronic Seals
and Sealing Requirements urged the board to study the issue of electronic
signatures. Subsequent discussion between TBPE and CEC determined that further
discussion was needed to draft appropriate language and no changes were made
to the adopted rule text. The rules were adopted with non-substantive changes.
Subchapter A. INDIVIDUAL AND ENGINEER COMPLIANCE
22 TAC §§137.1, 137.3, 137.5, 137.7, 137.9, 137.11, 137.13, 137.15, 137.17
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
§137.17.Continuing Education Program.
(a)
Each license holder shall meet the Continuing Education
Program (CEP) requirements for professional development as a condition for
license renewal.
(b)
Terms used in this section are defined as follows:
(1)
Professional Development Hour (PDH) - A contact hour (clock
hour) of CEP activity. PDH is the basic unit for CEP reporting.
(2)
Continuing Education Unit (CEU) - Unit of credit customarily
used for continuing education courses. One continuing education unit equals
10 hours of class in an approved continuing education course.
(3)
College/Unit Semester/Quarter Hour - Credit for course
in ABET-approved program or other related college course.
(4)
Course/Activity - Any qualifying course or activity with
a clear purpose and objective which will maintain, improve, or expand the
skills and knowledge relevant to the license holder's field of practice.
(c)
Every license holder is required to obtain 15 PDH units
during the renewal period year.
(d)
A minimum of 1 PDH per renewal period must be in the area
of professional ethics, roles and responsibilities of professional engineering,
or review of the Texas Engineering Practice Act and Board Rules.
(e)
If a license holder exceeds the annual requirement in any
renewal period, a maximum of 15 PDH units may be carried forward into the
subsequent renewal period. Professional Development Hours must not be anticipated
and cannot be used for more than one renewal period.
(f)
PDH units may be earned as follows:
(1)
Successful completion or auditing of college credit courses.
(2)
Successful completion of continuing education courses,
either offered by a professional or trade organization, university or college,
or offered in-house by a corporation, other business entity, professional
or technical societies, associations, agencies, or organizations, or other
group.
(3)
Successful completion of correspondence, on-line, televised,
videotaped, and other short courses/tutorials.
(4)
Presenting or attending qualifying seminars, in-house courses,
workshops, or professional or technical presentations made at meetings, conventions,
or conferences sponsored by a corporation, other business entity, professional
or technical societies, associations, agencies, or organizations, or other
group.
(5)
Teaching or instructing as listed in paragraphs (1) through
(4) above.
(6)
Authoring published papers, articles, books, or accepted
licensing examination items.
(7)
Active participation in professional or technical societies,
associations, agencies, or organizations, including:
(A)
Serving as an elected or appointed official;
(B)
Serving on a committee of the organization;
(C)
Serving in other official positions.
(8)
Patents Issued.
(9)
Engaging in self-directed study.
(g)
All activities described in §137.17(f) of this title
shall be relevant to the practice of a technical profession and may include
technical, ethical, or managerial content.
(h)
The conversion of other units of credit to PDH units is
as follows:
(1)
1 College or unit semester hour - 15 PDH
(2)
1 College or unit quarter hour - 10 PDH
(3)
1 Continuing Education Unit - 10 PDH
(4)
1 Hour of professional development in course work, seminars,
or professional or technical presentations made at meetings, conventions,
or conferences - 1 PDH
(5)
1 Hour of professional development through self-directed
study (Not to exceed 5 PDH) - 1 PDH
(6)
Each published paper, article, or book - 10 PDH
(7)
Active participation in professional or technical society,
association, agency, or organization (Not to exceed 5 PDH per organization)
- 1 PDH
(8)
Each patent issued - 15 PDH
(9)
Other activities shall be credited at 1 PDH for each hour
of participation in the activity.
(i)
Determination of Credit
(1)
The Board shall be the final authority with respect to
whether a course or activity meets the requirements of these rules.
(2)
The Board shall not pre-approve or endorse any CEP activities.
It is the responsibility of each license holder to assure that all PDH credits
claimed meet CEP requirements.
(3)
Credit for college or community college approved courses
will be based upon course credit established by the college.
(4)
Credit for qualifying seminars and workshops will be based
on one PDH unit for each hour of attendance. Attendance at qualifying programs
presented at professional and/or technical society meetings will earn PDH
units for the actual time of each program.
(5)
Credit for self-directed study will be based on one PDH
unit for each hour of study and is not to exceed 5 PDH per renewal period.
Credit determination for self-directed study is the responsibility of the
license holder and subject to review as required by the board.
(6)
Credit determination for activities described in subsection
(h)(4) of this section is the responsibility of the license holder and subject
to review as required by the board.
(7)
Credit for activity described in subsection (h)(7) of this
section requires that a license holder serve as an officer of the organization,
actively participate in a committee of the organization, or perform other
activities such as making or attending a presentation at a meeting or writing
a paper presented at a meeting. PDH credits are not earned until the end of
each year of service is completed.
(8)
Teaching credit is valid for teaching a course or seminar
for the first time only.
(j)
The license holder is responsible for maintaining records
to be used to support credits claimed. Records required include, but are not
limited to:
(1)
a log showing the type of activity claimed, sponsoring
organization, location, duration, instructor's or speaker's name, and PDH
credits earned; and
(2)
attendance verification records in the form of completion
certificates or other documents supporting evidence of attendance.
(k)
The license holder must submit CEP certification and a
list of each activity, date, and hours claimed that satisfy the CEP requirement
for that renewal year with the renewal application and fee.
(l)
CEP records for each license holder must be maintained
for a period of three years by the license holder.
(m)
CEP records for each license holder are subject to audit
by the board or its authorized representative.
(1)
Copies must be furnished, if requested, to the Board or
its authorized representative for audit verification purposes.
(2)
If upon auditing a license holder, the Board finds that
the activities cited do not fall within the bounds of educational, technical,
ethical, or professional management activities related to the practice of
engineering; the board may require the license holder to acquire additional
PDH as needed to fulfill the minimum CEP requirements.
(n)
A license holder may be exempt from the professional development
educational requirements for one of the following reasons listed in paragraphs
(1)-(4) of this subsection:
(1)
New license holders by way of examination shall be exempt
for their first renewal period.
(2)
A license holder serving on active duty and deployed outside
the United States, its possessions and territories, in or for the military
service of the United States for a period of time exceeding one hundred twenty
(120) consecutive days in a year shall be exempt from obtaining the professional
development hours required during that year.
(3)
License holders experiencing physical disability, illness,
or other extenuating circumstances as reviewed and approved by the board may
be exempt. Supporting documentation must be furnished to the board.
(4)
License holders who list their status as "Inactive" and
who further certify that they are no longer receiving any remuneration from
providing professional engineering services in Texas shall be exempt from
the professional development hours required.
(o)
A license holder may bring an inactive license to active
status by obtaining all delinquent PDH units. However, if the total number
required to become current exceeds 30 units, then 30 units shall be the maximum
number required.
(p)
Noncompliance:
(1)
If an license holder does not certify that CEP requirements
have been met for a renewal period, the license shall be considered expired
and subject to late fees and penalties.
(2)
A determination by audit that CEP requirements have been
falsely reported shall be considered to be misconduct and will subject the
license holder to disciplinary action.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 30, 2004.
TRD-200402950
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§137.31, 137.33, 137.35, 137.37
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402951
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§137.51, 137.53, 137.55, 137.57, 137.59, 137.61, 137.63, 137.65
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
§137.61.Engineers Shall Maintain Confidentiality of Clients.
(a)
The engineer may reveal confidences and private information
only with a fully informed client's or employer's consent, or when required
by law or court order; or when those confidences, if left undisclosed, would
constitute a threat to the health, safety or welfare of the public.
(b)
The engineer shall not use a confidence or private information
regarding a client or employer to the disadvantage of such client or employer
or for the advantage of a third party.
(c)
The engineer shall exercise reasonable care to prevent
unauthorized disclosure or use of private information or confidences concerning
a client or employer by the engineer's employees and associates.
§137.63.Engineers' Responsibility to the Profession.
(a)
Engineers shall engage in professional and business activities
in an honest and ethical manner. Engineers should strive to promote responsibility,
commitment, and ethics both in the education and practice phases of engineering.
They should attempt to enhance society's awareness of engineers' responsibilities
to the public and encourage the communication of these principles of ethical
conduct among engineers.
(b)
The engineer shall:
(1)
endeavor to meet all of the applicable professional practice
requirements of federal, state and local statutes, codes, regulations, rules
or ordinances in the performance of engineering services;
(2)
exercise reasonable care or diligence to prevent the engineer's
partners, associates, and employees from engaging in conduct which, if done
by the engineer, would violate any provision of the Texas Engineering Practice
Act, general board rule, or any of the professional practice requirements
of federal, state and local statutes, codes, regulations, rules or ordinances
in the performance of engineering services; and
(3)
exercise reasonable care to prevent the association of
the engineer's name, professional identification, seal, firm or business name
in connection with any venture or enterprise which the engineer knows, or
should have known, is engaging in trade, business or professional practices
of a fraudulent, deceitful, or dishonest nature, or any action which violates
any provision of the Texas Engineering Practice Act or board rules.
(4)
act as faithful agent for their employers or clients.
(5)
conduct engineering and related business affairs in a manner
that is respectful of the client, involved parties, and employees. Inappropriate
behaviors or patterns of inappropriate behaviors may include, but are not
limited to, misrepresentation in billing; unprofessional correspondence or
language; sale and/or performance of unnecessary work; or conduct that harasses
or intimidates another party.
(c)
The engineer shall not:
(1)
aid or abet, directly or indirectly, any unlicensed person
or business entity in the unlawful practice of engineering;
(2)
maliciously injure or attempt to injure or damage the personal
or professional reputation of another by any means. This does not preclude
an engineer from giving a frank but private appraisal of engineers or other
persons or firms when requested by a client or prospective employer;
(3)
retaliate against a person who provides reference material
for an application for a license or who in good faith attempts to bring forward
an allegation of wrongdoing;
(4)
give, offer or promise to pay or deliver, directly or indirectly,
any commission, gift, favor, gratuity, benefit, or reward as an inducement
to secure any specific engineering work or assignment;
(5)
accept compensation or benefits from more than one party
for services pertaining to the same project or assignment;
(6)
solicit professional employment in any false or misleading
advertising;
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402952
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§137.71, 137.73, 137.75, 137.77, 137.79
The new rules are proposed pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
§137.77.Firm Registration Compliance.
(a)
Any firm, sole-proprietorship, partnership, association,
corporation, or other business entity shall not offer or perform engineering
services to the public unless registered with the board pursuant to the requirements
of Chapter 135 (Relating to Firms and Sole Proprietorships) of this title.
(b)
Any firm, sole-proprietorship, partnership, association,
corporation, or other business entity shall provide that at least one full-time
active license holder is employed with the entity and that the active license
holder performs or directly supervises all engineering work and activities
that require a license that is performed in the primary, branch, remote, or
project office(s).
(c)
No engineering services are to be offered to or performed
for the public in Texas by a firm while that firm does not have a current
certificate of registration.
(d)
Pursuant to §1001.405(g) of the Act, a business entity
that offers or is engaged in the practice of engineering in Texas and is found
to not be registered with the board shall register with the board pursuant
to the requirements of Chapter 135 of this title within 30 days of written
notice from the board.
(e)
A business entity that offers or is engaged in the practice
of engineering in Texas and that fails to comply with paragraph (d) of this
section or that has previously been registered with the board and whose registration
has expired shall be considered to be in violation of the Act and board rules
and will be subject to administrative penalties as set forth in §§1001.501-508
of the Act and §139.35 of this title (relating to Penalties and Sanctions).
(f)
The board may revoke a certificate of registration that
was obtained in violation of the Act and/or board rules including, but not
limited to, fraudulent or misleading information submitted in the application
or lack of employee relationship with the designated professional engineer
for the firm.
(g)
If a firm has notified the board that it is no longer offering
or performing engineer services to the public, including the absence of a
regular, full-time employee who is an active professional engineer licensed
in Texas, the certificate of registration record will be placed in inactive
status until the board is notified of resumed offering and services. If firm
certificate of registration is inactive, the certificate of registration will
expire under the same requirements of subsections (d) and (e) of this section
unless renewed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402953
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers adopts new rules in Texas
Administrative Code, Title 22, Part 6, Texas Board of Professional Engineers,
Chapter 139, Enforcement. The adopted new rules are: Subchapter A, §139.1,
Subchapter B, §§139.11, 139.13, 139.15, 139.17, 139.19, 139.21,
and 139.23, Subchapter C, §§139.31, 139.33, and 139.35, Subchapter
D, §§139.41, 139.43, 139.45, and 139.47, and Subchapter E, §139.61.
Sections 139.1, 139.11, 139.13, 139.15, 139.17, 139.19, 139.21, 139.23, 139.31,
139.33, 139.41, 139.43, 139.45, 139.47 and 139.61 are adopted without changes
to the proposed text as published in the February 20, 2004, issue of the
The Board adopts this action in conjunction with repeal of the existing
Chapter 131, Practice and Procedure. Also, the board adopts this action in
conjunction with adopting five new chapters to better organize the agency
rules and procedures.
As a part of the rule review required by Chapter 2001, Texas Government
Code, the Board must review and update the existing rules. Since the statutory
references in the Board Rules must be changed to reflect the new designations
in the re-codified Act, nearly every rule must be re-proposed and adopted
with the new references. The Board has chosen at this time to re-organize
the existing rules, incorporate new legislative requirements, and develop
a framework to aid in future rule expansion.
Since most of the content of the adopted rules are a repeat of the existing
rules with few changes, the board will highlight substantive changes by subchapter.
The adopted rules are not numbered consecutively and reserves numbers for
future expansion.
In the adopted Subchapter A, Enforcement Authority, the board adopts existing
rule language related to the enforcement authority of the board.
In the adopted Subchapter B, Complaint Process and Procedure, the board
recently adopted rule language regarding the receipt, prioritizing, investigating,
and reporting of complaints.
In the adopted Subchapter C, Enforcement Proceedings, the board adopts
new rules to better organize and present the enforcement actions of the board.
In the new rules, the board includes enforcement actions that can apply to
both license holders and other individuals and entities. The board also updates
and adopts the existing sanction considerations and recommended sanction tables.
The adopted tables now include sanctions and penalties for practicing while
the license is in inactive status and for failure to meet the continuing education
program requirements.
In the adopted Subchapter D, Special Disciplinary Provisions for License
Holders, the board recently adopted rules relating to the board's authority
to order restitution in some instances and to set conditions of probation
for those with probated license suspensions. In addition, the board adopts
rules to clarify the board authority relating to license holders with a felony
conviction, violation of felony probation or parole, or revocation of mandatory
supervision in accordance with Chapter 53, Texas Occupations Code.
In the adopted Subchapter E, Hearings, the board adopts the rules of the
State Office of the Administrative Hearings by reference to facilitate accurate
hearing procedures.
No comments were received regarding adoption of the new rules.
Subchapter A. ENFORCEMENT AUTHORITY
22 TAC §139.1
The new rule is adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 30, 2004.
TRD-200402954
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§139.11, 139.13, 139.15, 139.17, 139.19, 139.21, 139.23
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402955
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§139.31, 139.33, 139.35
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
§139.35.Sanctions and Penalties.
(a)
The board, the executive director, an administrative law
judge, and the participants in an informal conference may arrive at a greater
or lesser sanction than suggested in these rules. The minimum administrative
penalty shall be $100 per violation. The maximum administrative penalty shall
be $3000 per violation. Pursuant to §1001.502(a) of the Act, each day
a violation continues or occurs is considered a separate violation for the
purpose of assessing an administrative penalty. Allegations and disciplinary
actions will be set forth in the final board order and the severity of the
disciplinary action will be based on the following factors:
(1)
the seriousness of the violation, including:
(A)
the nature, circumstances, extent, and gravity of the prohibited
act; and
(B)
the hazard or potential hazard created to the health, safety,
or economic welfare of the public;
(2)
the history of prior violations of the respondent;
(3)
the severity of penalty necessary to deter future violations;
(4)
efforts or resistance to efforts to correct the violations;
(5)
the economic harm to property or the environment caused
by the violation; and
(6) any other matters impacting justice and public welfare,
including any economic benefit gained through the violations.
(b) The following is a table of suggested sanctions the board
may impose against license holders for specific violations of the Act or board
rules:
(c) The following is a table of suggested sanctions that may
be imposed against a person or business entity for specific violations of
the Act or board rules:
(d) The following is a table of suggested sanctions that may
be imposed against a person or business entity for violations of the Act or
board rules involving firm/sole proprietorship registration:
(e) The following is a table of suggested sanctions that may
be imposed against a governmental entity and/or its representative for violations
of the Act or board rules:
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 30, 2004.
TRD-200402956
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §§139.41, 139.43, 139.45, 139.47
The new rules are adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402957
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
22 TAC §139.61
The new rule is adopted pursuant to the Texas Engineering
Practice Act, Occupations Code §1001.202, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2004.
TRD-200402958
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: May 20, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 440-7723
Chapter 211.
GENERAL PROVISIONS
22 TAC §§211.1 - 211.6
The Board of Nurse Examiners adopts without changes amendments
to 22 Texas Administrative Code §§211.1-211.6, concerning General
Provisions. The proposed amendments were printed in the
Texas Register
on March 26, 2004 (29 TexReg 3031). Effective February
1, 2004, the Board of Nurse Examiners and Board of Vocational Nurse Examiners
were merged into one agency, the Board of Nurse Examiners. House Bill 1483,
passed by the 78th Regular Legislative Session, was the legislative action
that implemented the consolidation. These adopted amendments implement HB
1483 and define the make-up and function of the new Board of Nurse Examiners.
No comments were received in response to this amendment when proposed.
The proposed adoption of amendments to these sections is pursuant
to the authority of Texas Occupations Code §§301.151 and 301.152
which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal
rules consistent with its legislative authority under the Nursing Practice
Act. The adoption of the amendments does implement section §301.054 of
the Texas Occupations Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 27, 2004.
TRD-200402782
Katherine Thomas
Executive Director
Board of Nurse of Examiners
Effective date: May 17, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
22 TAC §§213.1, 213.10, 213.13, 213.23, 213.26 - 213.32
The Board of Nurse Examiners adopts amendments to 22 TAC
chapter 213, concerning Practice and Procedure, §§213.1, 213.10,
213.13, 213.23, and 213.26 - 213.32. One non-substantive change was made to §213.1(26)
where a period was removed. The proposed amendments were printed in the
No comments were received regarding the amendments to these sections.
The adoption of amendments to these sections is pursuant to the
authority of Texas Occupations Code §§301.151 and 301.152 which
authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules
consistent with its legislative authority under the Nursing Practice Act.
The adoption of the amendments implements §§301.252 and 301.257
of the Texas Occupations Code.
§213.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Act--The Nursing Practice Act or NPA, Texas Occupations
Code Annotated §§301.001 - 301.607; 303.001 - 304.014.
(2)
Address of record--The address of each licensee as provided
to the Board of Nurse Examiners (as required by Board rules relating to Change
of Name and/or Address) and currently found in §217.7 of this title (relating
to Change of Name and/or Address).
(3)
Administrative Law Judge or judge--An individual appointed
by the chief administrative law judge of the State Office of Administrative
Hearings to preside over administrative hearings pursuant to Texas Government
Code Annotated, Chapter 2003, §2003.041. The term shall also include
any temporary administrative law judge appointed by the chief administrative
law judge pursuant to Texas Government Code Annotated §2003.043.
(4)
Adverse licensure action--Any action to fine, reprimand,
warn, limit, probate, revoke, suspend, or otherwise discipline a license or
multistate licensure privilege. The term includes an order accepting a voluntary
surrender in lieu of disciplinary action.
(5)
Answer--A responsive pleading.
(6)
APA--Administrative Procedure Act, Texas Government Code
Annotated Chapter 2001.
(7)
Attorney of record--A person licensed to practice law in
Texas who has provided the staff with written notice of representation.
(8)
Board--The Board of Nurse Examiners appointed pursuant
to Texas Occupations Code Annotated §301.051. For purposes of this section,
"Board" also includes a three member standing committee designated by the
Board to determine matters of eligibility for licensure and discipline of
licensees.
(9)
Client--See Patient.
(10)
Complaint--Written accusations made by any person, or
by the Board on its own initiative, alleging that a licensee's conduct may
have violated the NPA.
(11)
Contested case--A proceeding including, but not restricted
to rate making and licensing, in which the legal rights, duties or privileges
of a party are to be determined by an agency after an opportunity for adjudicative
hearing.
(12)
Conviction--The result of a criminal proceeding wherein
an individual, based on a plea or verdict, is adjudged guilty of the offense
charged, or has been placed on probation with or without an adjudication of
guilt, or has received an order of deferred adjudication.
(13)
Declaratory order--An order, issued by the Board pursuant
to Texas Occupations Code Annotated §301.257, determining the eligibility
of an individual for initial licensure as a registered or vocational nurse
and setting forth both the basis for potential ineligibility and the Board's
determination of the disclosed eligibility issues.
(14)
Default proceeding--The issuance of a proposal for decision
or an order in which the factual allegations against the respondent in a contested
case are deemed admitted as true upon the respondent's failure to appear at
a properly noticed hearing, or failure to file a response to the Formal Charges.
(15)
Eligibility and Disciplinary Committee--A three member
committee organized in accordance with §211.6 of this title (relating
to Agreements in Writing) and authorized by the Board to make a final disposition
of licensure eligibility and disciplinary matters including temporary suspension.
(16)
Eligibility matter--A proceeding by which an individual
requests licensure (such as by Petition for Declaratory Order, Application
for Examination, Application for Endorsement), Reinstatement, Reissuance,
or Renewal.
(17)
Executive director--The executive director of the Board
of Nurse Examiners.
(18)
Formal charges--Pleading of the staff publicly alleging
the reasons for disciplinary actions against a registered or vocational nurse
created in accordance with Texas Occupations Code Annotated §301.458.
(19)
Hearing--A public adjudicative proceeding at the State
Office of Administrative Hearings.
(20)
Informal conference--A non-public settlement meeting conducted
by the executive director or designee to resolve a disciplinary or eligibility
matter pending before the Board.
(21)
Initial licensure--The original grant of permission to
practice nursing in Texas, regardless of the method through which licensure
was sought.
(22)
License--Includes the whole or part of any Board permit,
certificate, approval, registration, or similar form of permission required
by law to practice professional or vocational nursing in the State of Texas.
For purposes of this subchapter, the term includes a multistate licensure
privilege.
(23)
Licensee--A person who has met all the requirements to
practice as a registered or vocational nurse pursuant to the Nursing Practice
Act and the Rules and Regulations relating to Nurse Education, Licensure and
Practice and has been issued a license to practice professional or vocational
nursing in Texas. For purposes of this subchapter, the term includes a person
who practices pursuant to a multistate licensure privilege.
(24)
Licensing--Includes the Board's process with respect to
the granting, denial, renewal, revocation, suspension, annulment, withdrawal,
amendment of a license, or multistate licensure privilege.
(25)
Minor Incident--Conduct in violation of the Nursing Practice
Act, which after a thorough evaluation of factors enumerated under §217.16
of this title (relating to Minor Incidents), indicates that the nurse's continuing
to practice professional or vocational nursing does not pose a risk of harm
to a client or other person and, therefore, does not need to be reported to
the Board or peer review committee.
(26)
Multistate Licensure Privilege-- See Texas Occupations
Code Annotated §304.001, article 1(h) (definition of Multistate Licensure
Privilege). For purposes of this subchapter, the multistate licensure privilege
means the privilege to practice as a professional or vocational nurse in the
state of Texas based on the current, official authority to practice as a nurse
in another state that has enacted the Nurse Licensure Compact, Texas Occupations
Code Annotated Chapter 304.
(27)
Order--A written decision of the Board, regardless of
form, signed by the Board or the executive director on its behalf.
(28)
Party--A person who holds a license issued by the Board
of Nurse Examiners or multistate licensure privilege, a person who seeks to
obtain, retain, modify his or her license, or a multistate licensure privilege,
or the Board of Nurse Examiners.
(29)
Patient--An individual under the care and treatment of
a health care professional either at a health care facility or in his/her
own home.
(30)
Person--Any individual, representative, corporation, or
other entity, including any public or non-profit corporation, or any agency
or instrumentality of federal, state, or local government.
(31)
Petitioner--A party, including the staff, who brings a
request or action and assumes the burden of going forward with an administrative
proceeding, e.g., the staff in an action to discipline a licensee, the person
who seeks reinstatement of a license, or the person who seeks a determination
of eligibility for licensure.
(32)
Pleading -- A written document submitted by a party, or
a person seeking to participate in a case as a party, which requests procedural
or substantive relief, makes claims, alleges facts, makes legal argument,
or otherwise addresses matters involved in the case.
(33)
Reinstatement -- The process of reissuing and restoring
a license to active status that has been previously suspended, revoked, or
voluntarily surrendered.
(34)
Respondent -- A party, including the staff, to whom a
request is made or against whom an action is brought, e.g., the licensee in
a disciplinary action by the staff, the person who holds a multistate licensure
privilege in a disciplinary action by the staff, the Board in a reinstatement
action, or the Board in an action to determine eligibility for licensure.
(35)
Rule--Any agency statement of general applicability that
implements, interprets, or prescribes law or policy, or describes the procedure
or practice requirements of a state agency. The term includes the amendment
or repeal of a prior rule, and does not include statements regarding only
the internal management or organization of any agency and not affecting private
rights or procedures.
(36)
SOAH--The State Office of Administrative Hearings.
(37)
Staff--The staff of the Board, not including the executive
director. For purposes of these rules, the staff may act through the legal
counsel.
(38)
Technical error--A judge's misinterpretation or misapplication
of sound nursing principles or minimum nursing practice standards in a proposal
for decision that must be corrected to sufficiently protect the public.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 27, 2004.
TRD-200402803
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: May 17, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
Chapter 231.
ADMINISTRATION
Subchapter A. DEFINITIONS
22 TAC §231.1
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code chapter 231 concerning Administration, and specifically
Subchapter A (Definitions), §231.1. The proposed repeal of this section
was in the March 26, 2004, publication of the
Texas
Register
(29 TexReg 3037). The other two subchapters are being repealed
concurrently with this subchapter; General Practice and Procedure (Subchapter
B), and Board Rules (Subchapter C). Effective February 1, 2004, the Board
of Nurse Examiners and the Board of Vocational Nurse Examiners were merged
into one agency, the Board of Nurse Examiners. The Board of Vocational Nurse
Examiners ceased to exist as an agency. House Bill 1483, passed by the 78th
Regular Legislative Session, was the legislative action that implemented the
consolidation. These repeals implement HB 1483 and the make-up and function
of the new Board of Nurse Examiners. Concurrent with these repeals are the
adoption of amendments to 22 Texas Administrative code chapter 211 (General
Provisions) and chapter 213 (Practice and Procedure) which incorporate Licensed
Vocational Nurses into the Board of Nurse Examiners' procedural rules. This
repeal is for the purpose of preventing conflicting rules.
No written comments were received regarding these repealed sections.
The repeal of this section is adopted pursuant to the authority
of Texas Occupations Code §§301.151 and 301.152 which authorizes
the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent
with its legislative authority under the Nursing Practice Act. The adoption
of the repeals will not affect any existing statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 27, 2004.
TRD-200402781
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: May 17, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
22 TAC §§231.11 - 231.20, 231.22 - 231.27, 231.29 - 231.50
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code chapter 231 concerning Administration, and specifically
Subchapter B (General Practice and Procedure), §§231.11 - 231.20,
231.22 - 231.27, and 231.29 - 231.50. The proposed repeal of this section
was in the March 26, 2004, publication of the
Texas
Register
(29 TexReg 3037) and is being adopted without changes. The
other two subchapters are being repealed concurrently with this subchapter:
Definitions (Subchapter A), and Board Rules (Subchapter C). Effective February
1, 2004, the Board of Nurse Examiners and the Board of Vocational Nurse Examiners
were merged into one agency, the Board of Nurse Examiners. The Board of Vocational
Nurse Examiners ceased to exist as an agency. House Bill 1483, passed by the
78th Regular Legislative Session, was the legislative action that implemented
the consolidation. These repeals implement HB 1483 and the make-up and function
of the new Board of Nurse Examiners. Concurrent with these repeals are the
adoption of amendments to 22 Texas Administrative Code chapter 211 (General
Provisions) and chapter 213 (Practice and Procedure) which incorporate Licensed
Vocational Nurses into the Board of Nurse Examiners' procedural rules. This
repeal is for the purpose of preventing conflicting rules.
No comments were received regarding the repeal of these sections.
The repeal of these sections is pursuant to the authority of
Texas Occupations Code §§301.151 and 301.152 which authorizes the
Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with
its legislative authority under the Nursing Practice Act. The adoption of
the repeals will not affect any existing statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 27, 2004.
TRD-200402791
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: May 17, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
22 TAC §§231.61, 231.63, 231.64, 231.67, 231.69
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code chapter 231 concerning Administration, and specifically
Subchapter C (Board Rules), §§231.61, 231.63, 231.64, 231.67, and
231.69. The proposed repeal of this section was in the March 26, 2004, publication
of the
Texas Register
(29 TexReg 3038) and
is being adopted without changes. The other two subchapters are being repealed
concurrently with this subchapter: Definitions (Subchapter A), and General
Practice and Procedure (Subchapter B). Effective February 1, 2004, the Board
of Nurse Examiners and the Board of Vocational Nurse Examiners were merged
into one agency, the Board of Nurse Examiners. The Board of Vocational Nurse
Examiners ceased to exist as an agency. House Bill 1483, passed by the 78th
Regular Legislative Session, was the legislative action that implemented the
consolidation. These adopted repeals implement HB 1483 and the make-up and
function of the new Board of Nurse Examiners. Concurrent with these repeals
are the adopted amendments to 22 Texas Administrative Code chapter 211 (General
Provisions) and chapter 213 (Practice and Procedure) which incorporate Licensed
Vocational Nurses into the Board of Nurse Examiners' procedural rules. This
adopted repeal is for the purpose of preventing conflicting rules.
No comments were received regarding the repeal of these sections.
The adopted repeal of these sections is pursuant to the authority
of Texas Occupations Code §§301.151 and 301.152 which authorizes
the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent
with its legislative authority under the Nursing Practice Act. The adoption
of the repeals will not affect any existing statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 27, 2004.
TRD-200402792
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: May 17, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
Subchapter A. APPLICATION FOR LICENSURE
22 TAC §235.19
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code, Subshapter A, §235.19 (Licensure of Persons With
Criminal Convictions). The proposed repeal was printed in the
Texas Register
on March 26, 2004 (29 TexReg 3039) and is being adopted
without changes. Effective February 1, 2004, the Board of Nurse Examiners
and the Board of Vocational Nurse Examiners were merged into one agency, the
Board of Nurse Examiners. The Board of Vocational Nurse Examiners ceased to
exist as an agency. House Bill 1483, passed by the 78th Regular Legislative
Session, was the legislative action that implemented the consolidation. These
repeals implement HB 1483 and the make-up and function of the new Board of
Nurse Examiners. Concurrent with these repeals are the adoption of amendments
to 22 Texas Administrative Code chapter 211 (General Provisions) and chapter
213 (Practice and Procedure) which incorporate Licensed Vocational Nurses
into the Board of Nurse Examiners' procedural rules. This repeal is for the
purpose of preventing conflicting rules regarding the effect of criminal convictions
on the licensing process.
No comments were received regarding the repeal of these sections.
The repeal of this section is adopted pursuant to the authority
of Texas Occupations Code §§301.151 and 301.152 which authorizes
the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent
with its legislative authority under the Nursing Practice Act. The adoption
of the repeal will not affect any existing statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 28, 2004.
TRD-200402811
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: May 18, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
22 TAC §§235.21 - 235.25
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code, Subchapter B (Board Review of Application), of chapter
235 (Licensing), §§235.21 - 235.25. The proposed repeal was printed
in the
Texas Register
on March 26, 2004, (29
TexReg 3039) and is being adopted without changes. Effective February 1, 2004,
the Board of Nurse Examiners and the Board of Vocational Nurse Examiners were
merged into one agency, the Board of Nurse Examiners. The Board of Vocational
Nurse Examiners ceased to exist as an agency. House Bill 1483, passed by the
78th Regular Legislative Session, was the legislative action that implemented
the consolidation. These repeals implement HB 1483 and the make-up and function
of the new Board of Nurse Examiners. Concurrent with these repeals are adopted
amendments to 22 Texas Administrative Code chapter 211 (General Provisions)
and chapter 213 (Practice and Procedure) which incorporate Licensed Vocational
Nurses into the Board of Nurse Examiners' procedural rules. This repeal is
for the purpose of setting guidelines for the determination of a nurse's eligibility
for licensure which is required to be done under a declaration of eligibility
under the new statutes.
No comments were received regarding the repeal of these sections.
The repeal of these sections is adopted pursuant to the authority
of Texas Occupations Code §§301.151 and 301.152 which authorizes
the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent
with its legislative authority under the Nursing Practice Act. The adoption
of the repeal will not affect any existing statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 28, 2004.
TRD-200402812
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: May 18, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
Subchapter B. ENFORCEMENT
22 TAC §§239.12 - 239.15, 239.17 - 239.19
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code, chapter 239 (Contested Case Procedure), Subchapter B
(Enforcement), §§239.12 - 239.15 and 239.17 - 239.19. The proposed
repeal was printed in the
Texas Register
on
March 26, 2004 (29 TexReg 3040) and is being adopted without changes. Effective
February 1, 2004, the Board of Nurse Examiners and the Board of Vocational
Nurse Examiners were merged into one agency, the Board of Nurse Examiners.
The Board of Vocational Nurse Examiners ceased to exist as an agency. House
Bill 1483, passed by the 78th Regular Legislative Session, was the legislative
action that implemented the consolidation. These repeals implement HB 1483
and the make-up and function of the new Board of Nurse Examiners. Concurrent
with these adopted repeals are the adopted amendments to 22 Texas Administrative
Code chapter 211 (General Provisions) and chapter 213 (Practice and Procedure)
which incorporate Licensed Vocational Nurses into the Board of Nurse Examiners'
procedural rules. This adopted repeal is for the purpose of preventing conflicting
rules regarding the determination of a nurse's eligibility for licensure when
they have an issue involving criminal convictions, mental fitness, or chemical
dependency which are issues considered in the declaration of eligibility process
under 22 TAC §213.30. These rules also address the disciplinary process
which is in 22 TAC chapter 213.
No comments were received regarding the repeal of these sections.
The repeal of this section is adopted pursuant to the authority
of Texas Occupations Code §§ 301.151 and 301.152 which authorizes
the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent
with its legislative authority under the Nursing Practice Act. The adoption
of the repeal will not affect any existing statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 28, 2004.
TRD-200402814
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: May 18, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 305-6823
Subchapter B. APPLICATION FOR LICENSE
Subchapter C. REFERENCES
Subchapter D. ENGINEERING EXPERIENCE
Subchapter E. EDUCATION
Subchapter F. EXAMINATIONS
Subchapter G. BOARD REVIEW OF APPLICATION
Subchapter H. LICENSING
2.
REGISTRATION OF FIRMS
Subchapter I. PROFESSIONAL CONDUCT AND ETHICS
Subchapter J. COMPLIANCE AND ENFORCEMENT
Subchapter K. COMPLAINTS
Subchapter L. HEARINGS-CONTESTED CASES
Subchapter M. POLICY ADVISORY OPINIONS
Chapter 131.
ORGANIZATION AND ADMINISTRATION
Subchapter B. ORGANIZATION OF THE BOARD STAFF
Subchapter C. MEETINGS
Subchapter D. FISCAL MATTERS
Subchapter E. COOPERATIVE AFFILIATIONS
Subchapter F. ADMINISTRATION
Subchapter G. ADVISORY OPINIONS
Chapter 133.
LICENSING
Subchapter B. PROFESSIONAL ENGINEER LICENSES
Subchapter C. APPLICATION REQUIREMENTS
Subchapter D. EDUCATION
Subchapter E. EXPERIENCE
Subchapter F. REFERENCE DOCUMENTATION
Subchapter G. EXAMINATIONS
Subchapter H. REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE
Chapter 135.
FIRMS AND SOLE PROPRIETORSHIPS REGISTRATIONS
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
Subchapter B. SEALING REQUIREMENTS
Subchapter C. PROFESSIONAL CONDUCT AND ETHICS
Subchapter D. FIRM, SOLE PROPRIETORSHIP AND GOVERNMENTAL ENTITY COMPLIANCE
Chapter 139.
ENFORCEMENT
Subchapter B. COMPLAINT PROCESS AND PROCEDURES
Subchapter C. ENFORCEMENT PROCEEDINGS
Subchapter D. SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS
Subchapter E. HEARINGS
Part 11.
BOARD OF NURSE EXAMINERS
Chapter 213.
PRACTICE AND PROCEDURE
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
Subchapter B. GENERAL PRACTICE AND PROCEDURE
Subchapter C. BOARD RULES
Chapter 235.
LICENSING
Subchapter B. BOARD REVIEW OF APPLICATION
Chapter 239.
CONTESTED CASE PROCEDURE
Subchapter C. HEARINGS PROCESS