TITLE 22.EXAMINING BOARDS

Part 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

Chapter 133. LICENSING

Subchapter B. PROFESSIONAL ENGINEER LICENSES

22 TAC §133.11

The Texas Board of Professional Engineers adopts an amendment to §133.11, relating to Types of Licenses, without changes to the proposed text as published in the March 17, 2006, issue of the Texas Register (31 TexReg 1864) and will not be republished.

The adopted rule change limits licensure via the NAFTA agreement to applicants that are citizens of Canada or Mexico and are licensed in good standing in their home jurisdiction. The adopted rule change also clarifies language regarding comity licensure and removes references to reciprocal licensure.

No comments were received regarding the Board's adoption of the amended section.

The amendment 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 May 31, 2006.

TRD-200602968

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 20, 2006

Proposal publication date: March 17, 2006

For further information, please call: (512) 440-7723


Subchapter C. APPLICATION REQUIREMENTS

22 TAC §133.25

The Texas Board of Professional Engineers adopts an amendment to §133.25, relating to Applications from Engineering Educators, without changes to the proposed text as published in the March 17, 2006, issue of the Texas Register (31 TexReg 1865) and will not be republished.

The adopted rule change clarifies language regarding licensure via a waiver of one or more examinations for Engineering Educators. The adopted rule change reorganizes current rule language in conjunction with adopted changes to §133.43 and §133.69.

No comments were received regarding the Board's adoption of the amended section.

The amendment 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 May 31, 2006.

TRD-200602969

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 20, 2006

Proposal publication date: March 17, 2006

For further information, please call: (512) 440-7723


22 TAC §133.27

The Texas Board of Professional Engineers adopts an amendment to §133.27, relating to Application for Reciprocal or Comity License, without changes to the proposed text as published in the March 17, 2006, issue of the Texas Register (31 TexReg 1866) and will not be republished.

The adopted rule change clarifies language regarding comity licensure and removes references to reciprocal licensure.

No comments were received regarding the Board's adoption of the amended section.

The amendment 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 May 31, 2006.

TRD-200602970

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 20, 2006

Proposal publication date: March 17, 2006

For further information, please call: (512) 440-7723


Subchapter E. EXPERIENCE

22 TAC §133.43

The Texas Board of Professional Engineers adopts an amendment to §133.43, relating to Experience Evaluation, without changes to the proposed text as published in the March 17, 2006, issue of the Texas Register (31 TexReg 1867) and will not be republished.

The adopted rule change clarifies language regarding licensure via a waiver of one or more examinations for Engineering Educators. The adopted rule change reorganizes current rule language in conjunction with adopted changes to §133.25 and §133.69.

No comments were received regarding the Board's adoption of the amended section.

The amendment 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 May 31, 2006.

TRD-200602971

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 20, 2006

Proposal publication date: March 17, 2006

For further information, please call: (512) 440-7723


Subchapter G. EXAMINATIONS

22 TAC §133.69

The Texas Board of Professional Engineers adopts an amendment to §133.69, relating to Waiver of Examinations, without changes to the proposed text as published in the March 17, 2006, issue of the Texas Register (31 TexReg 1868) and will not be republished.

The adopted rule change clarifies language regarding licensure via a waiver of one or more examinations. The adopted rule change reorganizes current rule language in conjunction with adopted changes to §133.25 and §133.43.

No comments were received regarding the Board's adoption of the amended section.

The amendment 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 May 31, 2006.

TRD-200602972

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 20, 2006

Proposal publication date: March 17, 2006

For further information, please call: (512) 440-7723


Chapter 137. COMPLIANCE AND PROFESSIONALISM

Subchapter D. FIRM, SOLE PROPRIETORSHIP AND GOVERNMENTAL ENTITY COMPLIANCE

22 TAC §137.77

The Texas Board of Professional Engineers adopts an amendment to §137.77, relating to Firm Registration Compliance, without changes to the proposed text as published in the March 17, 2006, issue of the Texas Register (31 TexReg 18670) and will not be republished.

The adopted rule change removes the 30-day amnesty period for firm registration, requiring all firms offering engineering services to the public to be registered with the Board prior to offering those services or using the word "engineering" in their name.

No comments were received regarding the Board's adoption of the amended section.

The amendment 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 May 31, 2006.

TRD-200602973

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 20, 2006

Proposal publication date: March 17, 2006

For further information, please call: (512) 440-7723


Chapter 139. ENFORCEMENT

Subchapter C. ENFORCEMENT PROCEEDINGS

22 TAC §139.35

The Texas Board of Professional Engineers adopts an amendment to §139.35, relating to Sanctions and Penalties, without changes to the proposed text as published in the March 31, 2006, issue of the Texas Register (31 TexReg 2800) and will not be republished.

The adopted rule change updates citations in the Sanction and Penalty table in relation to proposed changes to §137.77, concerning removal of the 30-day amnesty period for firm registration.

No comments were received regarding the Board's adoption of the amended section.

The amendment 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 May 31, 2006.

TRD-200602974

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 20, 2006

Proposal publication date: March 31, 2006

For further information, please call: (512) 440-7723