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 proposes an amendment
to §133.11, relating to Types of Licenses. The proposed amendment will
clarify the requirements for comity licensure under NAFTA.
The proposed 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 proposed rule change also clarifies language
regarding comity licensure and removes references to reciprocal licensure.
Lance Kinney, P.E., Deputy Executive Director for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment is better protection from unqualified engineers and
applicants that are not eligible via the NAFTA agreement.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-0417.
The amendment is 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.
No other statutes, articles or codes are affected by the proposed amendment.
§133.11.Types of Licenses.
The board shall receive, evaluate and process all applications for
licensure as a professional engineer received from individuals who assert
through the application process that they meet the minimum requirements of §1001.302
of the Act. The board shall deny a license to any applicant found not to have
met all requirements of the Act and board rules.
(1)
Standard License. Unless requested by the applicant or
license holder, all licenses issued by the board shall be considered standard
licenses. Standard licenses are fully renewable annually until such time as
the board takes specific action to prevent renewal or provision of the Texas
Engineering Practice Act prevents renewal.
(2)
Reciprocal [
(3)
[
(A)
are citizens of Canada or the United Mexican
States;
(B)
[
(C)
[
(D)
[
(4)
Temporary License. A temporary license holder shall be
subject to all other rules and legal requirements to which a holder of a standard
license is subject. A temporary license may only be renewed twice. The executive
director shall be authorized to convert a standard license to a temporary
license.
(5)
Provisional. The Board does not issue provisional licenses
at this time.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 6, 2006.
TRD-200601398
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 16, 2006
For further information, please call: (512) 440-7723
22 TAC §133.25
The Texas Board of Professional Engineers proposes an amendment
to §133.25, relating to Applications from Engineering Educators. The
rule proposal is a clarification of the requirements for application for licensure
via a waiver of one or more examinations.
The proposed rule change clarifies language regarding licensure via a waiver
of one or more examinations for Engineering Educators. The proposed rule change
reorganizes current rule language in conjunction with proposed rule changes
to §133.43 and §133.69 (published elsewhere in this issue of the
Lance Kinney, P.E., Deputy Executive Director for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment is clarification of the licensure process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-0417.
The amendment is 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.
No other statutes, articles or codes are affected by the proposed amendment.
§133.25.Applications from Engineering Educators.
(a)
Persons who are engineering educators instructing engineering
courses in an institution of higher education or a private or independent
institution of higher education, as defined in the Education Code §61.003[
(b)
The minimum
educational
qualifications
are as follows:
(1)
Earned doctoral degree in[
[
(2)
[
[
[
[
[
(c)
[
(1)
an alternate application form;
(2)
a supplementary experience record:
(A)
For the faculty approved for promotion or tenure through
the Dean of Engineering office level, submit a dossier (comprehensive resume
or curriculum vitae) prepared for tenure and/or promotion consideration, OR,
for tenured faculty, current resume containing educational experience, engineering
courses taught, and description of research and scholarly activities in lieu
of the supplementary experience record;
(B)
For non-tenured faculty, a standard supplementary experience
record with courses taught and/or other engineering experience shall be submitted;
(3)
reference statements or letters from currently licensed
professional engineers who have personal knowledge of the applicant's teaching
and/or other creditable engineering experience. A reference provider may,
in lieu of the reference statement, submit a letter of recommendation that,
at a minimum, testifies to the credentials and abilities of the educator.
The reference statements or letters of recommendation can be from colleagues
within the department, college, or university; from colleagues from another
university; or professional engineers from outside academia;
(4)
college/university transcripts;
(5)
a completed Texas Professional Conduct and Ethics Examination;
(6)
current application fee as established by the board;
(7)
verification of passage of examination(s) from other jurisdictions
as required under §133.61(g) (relating to Engineering Examinations),
if applicable; and
(8)
written requests for waivers of the examinations on the
fundamentals and/or principles and practices of engineering, if applicable.
(d)
[
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 6, 2006.
TRD-200601399
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 16, 2006
For further information, please call: (512) 440-7723
22 TAC §133.27
The Texas Board of Professional Engineers proposes an amendment
to §133.27, relating to Application for Reciprocal or Comity License.
The proposed amendment will change the name of the section and will clarify
the requirements for application for comity licensure under NAFTA.
The proposed rule change clarifies language regarding comity licensure
and removes references to reciprocal licensure.
Lance Kinney, P.E., Deputy Executive Director for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment is better protection from unqualified engineers and
applicants that are not eligible via the NAFTA agreement.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-0417.
The amendment is 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.
No other statutes, articles or codes are affected by the proposed amendment.
§133.27.Application for [
[
[
[
[
[
(a)
[
(1)
submit a NAFTA [
(2)
proof of educational credentials pursuant to §133.33
or §133.35 (relating to Proof of Educational Qualifications) including:
(A)
official transcript(s) of qualifying degree(s), and
(B)
commercial evaluation(s) of a non-accredited or non-approved
degree(s), as applicable;
(3)
supplementary experience record as required under §133.41
(relating to Supplementary Experience Records);
(4)
reference statements as required under §133.51(a)(3)
and §133.53 of this chapter,
(5)
passing scores of TOEFL and TSE as described in §133.21(c)
of this chapter;
(6)
a statement describing criminal convictions, if any, together
with copies of any court orders or other legal documentation concerning the
criminal charges and the resolution of those charges;
(7)
a statement describing any engineering practice violations,
if any, together with documentation from the jurisdictional authority describing
the resolution of those charges,
(8)
submit a completed Texas Engineering Professional Conduct
and Ethics examination,
(9)
pay the application fee established by the Board; and
(10)
submit a verification of a license in good standing from
one of the jurisdictions listed in §133.11(3) of this chapter (relating
to Types of Licenses).
(b)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 6, 2006.
TRD-200601400
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 16, 2006
For further information, please call: (512) 440-7723
22 TAC §133.43
The Texas Board of Professional Engineers proposes an amendment
to §133.43, relating to Experience Evaluation. The rule proposal is a
clarification of the requirements for application for licensure via a waiver
of one or more examinations.
The proposed rule change clarifies language regarding licensure via a waiver
of one or more examinations for Engineering Educators. The proposed rule change
reorganizes current rule language in conjunction with proposed rule changes
to §133.25 and §133.69 (published elsewhere in this issue of the
Lance Kinney, P.E., Deputy Executive Director for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment is clarification of the licensure process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-0417.
The amendment is 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.
No other statutes, articles or codes are affected by the proposed amendment.
§133.43.Experience Evaluation.
(a)
The board shall evaluate the nature and quality of the
experience found in the supplementary experience record and shall determine
if the work is satisfactory to the board for the purpose of issuing a license
to the applicant. The board shall evaluate the supplementary experience record
for evidence of the applicant's competency to be placed in responsible charge
of engineering work of a similar character.
(1)
Engineering work shall be satisfactory to the board and,
therefore, considered by the board to be creditable engineering experience
for the purpose of licensure if it is of such a nature that its adequate performance
requires engineering education, training, or experience. The application of
engineering education, training and experience must be demonstrated through
the application of the mathematical, physical, and engineering sciences. Such
work must be fully described in the supplementary experience record. Satisfactory
engineering experience shall include an acceptable combination of design,
analysis, implementation, and/or communication experience, including the following
types of engineering activities:
(A)
design, conceptual design, or conceptual design coordination
for engineering works, products or systems;
(B)
development or optimization of plans and specifications
for engineering works, products, or systems;
(C)
analysis, consultation, investigation, evaluation, planning
or other related services for engineering works, products, or systems;
(D)
planning the use or alteration of land, water, or other
resources;
(E)
engineering for program management and for development
of operating and maintenance manuals;
(F)
engineering for construction, or review of construction;
(G)
performance of engineering surveys, studies, or mapping;
(H)
engineering for materials testing and evaluation;
(I)
expert engineering testimony;
(J)
any other work of a mechanical, electrical, electronic,
chemical, hydraulic, pneumatic, geotechnical, or thermal nature that requires
engineering education, training or experience for its adequate performance;
and
(K)
the teaching of engineering subjects by a person who began
teaching prior to September 1, 2001.
(2)
In the review of engineering experience, the board shall
consider additional elements unique to the history of the applicant. Such
elements should include, at a minimum:
(A)
whether the experience was sufficiently complex and diverse,
and of an increasing standard of quality and responsibility;
(B)
whether the quality of the engineering work shows minimum
technical competency;
(C)
whether the submitted materials indicate good character
and reputation;
(D)
whether the experience was gained in accordance with the
provisions of the Act;
(E)
whether the experience was gained in one dominant branch;
(F)
whether non-traditional engineering experience such as
sales or military service provides sufficient depth of practice;
(G)
whether short engagements have had an impact upon professional
growth; and
(H)
experience gained in relation to or concurrent with the
applicant's education. Experience claimed prior to an applicant's receiving
a conferred degree must:
(i)
be substantiated in the supplementary experience record;
(ii)
be accounted for proportionally to a standard 40-hour
work week, if it was part-time employment; and
(iii)
reflect that, at the time the experience was gained,
the applicant:
(I)
had successfully passed junior and senior level engineering
courses and applied that engineering and knowledge in the claimed experience;
or
(II)
received sufficient education and training under the supervision
of an engineer.
(3)
Engineering experience may be considered satisfactory for
the purpose of licensing provided that:
(A)
the experience is gained during an engagement longer than
three months in duration;
(B)
the experience, when taken as a whole, meets the minimum
time;
(C)
the experience is not anticipated and has actually been
gained at the time of application;
(D)
the experience includes at least two years of experience
in the United States, not including time claimed for educational credit, or
otherwise includes experience that would show a familiarity with US codes
and engineering practice;
(E)
the time granted for the experience claimed does not exceed
the calendar time available for the periods of employment claimed.
(b)
One year of experience credit may be granted for each post-baccalaureate
engineering degree earned by an applicant, provided:
(1)
the applicant has a baccalaureate degree in engineering;
and
(2)
the post-baccalaureate degree is from an engineering program
where either the graduate or undergraduate degree in the same discipline is
accredited or approved by one of the organizations listed in §133.31(a)(1)
of this chapter (concerning Educational Requirements for Applicants). Experience
credit for all post-baccalaureate degrees is limited to a total of two years.
(c)
Engineering Educators applying for a waiver
of examinations under §133.69 of this chapter (relating to Waiver of
Examinations) will not receive additional experience credit pursuant to subsection
(b) of this section.
(d)
[
(e)
For Engineering Educator applicants applying
under §133.25 of this chapter (relating to Applications from Engineering
Educators), other acceptable creditable engineering experience may include,
but is not limited to, scholarly activity such as publishing papers in technical
and professional journals; making technical and professional presentations;
publishing books and monographs; performing sponsored research; reporting
on research conducted for sponsors; supervising research of undergraduate
and graduate students, postdoctoral fellows, or other employees; providing
counseling, guidance, and advisement for engineering students; and performing
certain other types of formal or informal functions in higher education.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 6, 2006.
TRD-200601401
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 16, 2006
For further information, please call: (512) 440-7723
22 TAC §133.69
The Texas Board of Professional Engineers proposes an amendment
to §133.69, relating to Waiver of Examinations. The rule proposal is
a clarification of the requirements for application for licensure via a waiver
of one or more examinations.
The proposed rule change clarifies language regarding licensure via a waiver
of one or more examinations. The proposed rule change reorganizes current
rule language in conjunction with proposed rule changes to §133.25 and §133.43
(published elsewhere in this issue of the
Texas Register
).
Lance Kinney, P.E., Deputy Executive Director for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment is clarification of the licensure process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-0417.
The amendment is 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.
No other statutes, articles or codes are affected by the proposed amendment.
§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
examinations
[
(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 the requirements of subsections (b)[
(b)
Waiver of Fundamentals of Engineering Examination.
Applications for a waiver of the fundamentals of engineering examination will
only be accepted from persons who meet the requirements of paragraphs (1)
or (2) of this subsection.
(1)
Standard Application:
(A)
meet the educational requirements of §1001.302(a)(1)(A)
of the Act and have eight or more years of creditable engineering experience,
as evaluated by the board under §133.43 of this chapter (relating to
Experience Evaluation); or
(B)
meet the educational requirements of §1001.302(a)(1)(B)
of the Act and have twelve or more years of creditable engineering experience,
as evaluated by the board under §133.43 of this chapter.
(2)
Engineering Educator: meet the requirements
of §133.25(a) and (b) of this chapter (relating to Applications from
Engineering Educators.
(c)
Waiver of Principles and Practice of Engineering
Examination. Applications for a waiver of the principles and practice of engineering
examination will only be accepted from persons who meet the requirements of
paragraphs (1) or (2) of this subsection.
(1)
Currently Licensed in Another Jurisdiction:
Be currently licensed and in good standing in any U.S. state or territory,
Canada, or the United Mexican States, and:
(A)
meet the educational requirements of §1001.302(a)(1)(A)
of the Act and have 12 or more years of creditable engineering experience,
as evaluated by the board under §133.43 of this chapter; or
(B)
meet the educational requirements of §1001.302(a)(1)(B)
of the Act and have 16 or more years of creditable engineering experience,
as evaluated by the board under §133.43 of this chapter;
(2)
Engineering Educator:
(A)
meet the requirements of §133.25(a)
and §133.25(b)(1) of this chapter and have:
(i)
taught in an EAC/ABET-accredited or -approved
program for at least six years and began teaching engineering prior to September
1, 2001;
(ii)
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 and
began teaching engineering prior to September 1, 2001; or
(iii)
at least four years of creditable engineering
experience , as evaluated by the board under §133.43 of this chapter;
or
(B)
meet the requirements of §133.25(a)
and §133.25(b)(2) of this chapter and have:
(i)
taught in an EAC/ABET-accredited or -approved
program for at least eight years and began teaching engineering prior to September
1, 2001;
(ii)
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 and
began teaching engineering prior to September 1, 2001; or
(iii)
at least six years of creditable engineering
experience, as evaluated by the board under §133.43 of this chapter.
(d)
An applicant is not eligible to request
a waiver of the examination on the fundamentals of engineering if the applicant
has taken and failed any examination on the fundamentals of engineering within
the previous two years.
[
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(e)
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.
(f)
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 proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 6, 2006.
TRD-200601402
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 16, 2006
For further information, please call: (512) 440-7723
Subchapter D. FIRM, SOLE PROPRIETORSHIP AND GOVERNMENTAL ENTITY COMPLIANCE
22 TAC §137.77
The Texas Board of Professional Engineers proposes an amendment
to §137.77, relating to Firm Registration Compliance. The proposed amendment
will remove the 30-day amnesty period for firm registration.
The proposed 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.
Lance Kinney, P.E., Deputy Executive Director for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. Because the
number of violations in any period is unknown, the specific impact on individuals
required to comply with the proposed amendment cannot be assessed. However,
more firms will be subject to possible enforcement action, including an administrative
penalty, since the 30-day amnesty period will no longer be available. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment is better protection from unqualified and unregistered
engineering firms.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-0417.
The amendment is 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.
No other statutes, articles or codes are affected by the proposed amendment.
§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)
An active license holder who is a sole proprietor shall
satisfy the requirement of the regular, full-time employee.
(d)
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.
[
(e)
[
(f)
[
(g)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 6, 2006.
TRD-200601403
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 16, 2006
For further information, please call: (512) 440-7723
Chapter 279.
INTERPRETATIONS
or Comity
] License[
: (U.S.
states or territories). Pursuant to §1001.311 of the Act, the board has
reviewed the licensing requirements of the jurisdictions listed in this paragraph
and has found them to be substantially equivalent to the requirements in Texas.
The board shall waive the application requirements of §133.21 for an
applicant who is licensed in good standing with at least one of the jurisdictions
listed in this paragraph and submits the documentation as required in §133.27(a)
of this chapter. A reciprocal or comity license issued under this paragraph
has full status of and shall be issued as a standard license
]. The board
does not recognize any
jurisdiction
[
U.S. state or territory
] for reciprocity [
or comity
] at this time.
Reciprocal or
] Comity License: (Canada and
the United Mexican States through NAFTA). Pursuant to §1001.311 of the
Act and the NAFTA Mutual Recognition Agreement, the board has reviewed the
licensing requirements of Canada and the United Mexican States and has found
them to be substantially equivalent to the requirements in Texas. A [
reciprocal or
] comity license issued under this paragraph has full status
of and shall be issued as a temporary license. The board may waive the application
requirements of §133.21 for applicants who:
(A)
] are currently licensed in good
standing with at least one of the jurisdictions
of Canada or the United
Mexican States
[
listed in this paragraph
];
(B)
] meet the experience requirements
of §133.69 (c) of this chapter; and
(C)
] submit the documentation as
required in §133.27
(a)
[
(b)
] of this chapter.
Subchapter C. APPLICATION REQUIREMENTS
, and who began teaching engineering prior to September 1, 2001,
] are
permitted to seek licensure utilizing an alternate application.
:
]
(A)
]
engineering from a college or university
that offers an undergraduate or master's degree program in a related branch
of engineering that is approved by the EAC/ABET as published in the current
version of the ABET Accreditation Yearbook and or the current version of the
ABET International Yearbook or as published in the yearbook applicable to
a previous year in which the applicant graduated; or
(B)
]
Earned doctoral degree
in
engineering or another related field of science or mathematics assessed
and approved by the board
.
[
;
]
(2)
To request a waiver of the fundamentals
of engineering and principles and practice of engineering examinations, the
applicant must meet the experience requirements of §133.69(d), consisting
of:
]
(A)
teaching experience in an EAC/ABET-approved
program, or
]
(B)
other acceptable, creditable engineering
experience, including, but not limited to, scholarly activity such as publishing
papers in technical and professional journals; making technical and professional
presentations; publishing books and monographs; performing sponsored research;
reporting on research conducted for sponsors; supervising research of undergraduate
and graduate students, postdoctoral fellows, or other employees; providing
counseling, guidance, and advisement for engineering students; and performing
certain other types of formal or informal functions in higher education; or
]
(C)
a combination of teaching and acceptable,
creditable engineering experience.
]
(b)
] An engineering educator, applying
under the alternate process, shall submit:
(c)
] Once an alternative application
from an engineering educator is received, the board will follow the procedures
in §133.85 of this chapter (relating to Board Review of and Action on
Applications) to review and approve or deny the application.
(d)
] This section does not prohibit
any engineering educator from applying for licensure under the standard application
process.
Reciprocal or ] Comity License.
(a)
The applicant applying for a reciprocal
or comity license from a U.S. state or territory shall:
]
(1)
submit a reciprocal or comity application
form,
]
(2)
pay the application fee established by
the Board,
]
(3)
submit a completed Texas Engineering Professional
Conduct and Ethics examination, and
]
(4)
submit a verification of a license in
good standing from one of the jurisdictions listed in §133.11(2) of this
chapter (relating to Types of Licenses).
]
(b)
] The applicant applying for
a [
reciprocal or
] comity license from Canada or the United Mexican
States shall:
reciprocal or
] comity application
form;
(c)
] Upon receipt of the application
and verification of a license in good standing, the board may issue to the
applicant
a temporary license
[
the appropriate license type
] as described under §133.11 of this chapter, unless the application
requires further review under §133.83 of this chapter (relating to Staff
Review, Evaluation and Processing of Applications) or §133.85 of this
chapter (relating Board Review of and Action on Applications). For those applications
requiring further Board review, the Board may request additional information
to clarify an application, as needed. Pursuant to §1001.453 of the Act,
the Board may review the license holders status and take action if the license
was obtained by fraud or error or the license holder may pose a threat to
the public's health, safety, or welfare.
Subchapter E. EXPERIENCE
(c)
] Experience gained in conjunction
with or in relation to earning a post-baccalaureate degree, such as research
or teaching assistant work, will not be credited in addition to experience
credited pursuant to subsection (b) of this section.
Subchapter G. EXAMINATIONS
examination
] on the fundamentals of engineering or [
examination on
] the principles and practice of engineering for applicants
who:
,
]
or
(c)[
, or (d)
] of this section.
(b)
Persons requesting a waiver of the fundamentals
of engineering examination must meet one of the following requirements:
]
(1)
have 8 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
]
(2)
have 12 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
]
(3)
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 EAC/ABET,
and have:
]
(A)
taught in an EAC/ABET-accredited or -approved
program for at least four years and began teaching engineering prior to September
1, 2001; or
]
(B)
at least four years of experience consisting
of a combination of EAC/ABET teaching experience or other creditable engineering
experience and began teaching engineering prior to September 1, 2001; or
]
(C)
at least four years of creditable engineering
experience, as evaluated by the board under §133.43 of this chapter (relating
to Experience Evaluation).
]
(4)
have a Ph.D. degree in engineering not
qualifying under subsection (b)(3) 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 have:
]
(A)
taught in an EAC/ABET-accredited or -approved
program for at least six years and who began teaching engineering prior to
September 1, 2001; or
]
(B)
at least six years of experience consisting
of a combination of EAC/ABET teaching experience or other creditable engineering
experience and who began teaching engineering prior to September 1, 2001;
or
]
(C)
at least six years of creditable engineering
experience as evaluated by the board under §133.43 of this chapter (relating
to Experience Evaluation).
]
(5)
Persons who meet the requirements to apply
for licensure as an Engineering Educator under §133.25(a)(1) of this
chapter (relating to Applications from Engineering Educators) and who are
requesting a waiver of the fundamentals of engineering examination and permission
to take the principles and practice of engineering examination may be granted
the waiver with no minimum experience requirement.
]
(c)
Persons currently licensed and in good
standing in any U.S. state or territory, Canada, or the United Mexican States,
and requesting a waiver of the principles and practice of engineering or a
waiver of both the fundamentals of engineering examination and the principles
and practice of engineering examination must meet one of the following requirements:
]
(1)
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
]
(2)
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.
]
(d)
Persons who meet the requirements to apply
for licensure as an Engineering Educator under §133.25(a)(1) of this
chapter and who are requesting a waiver of the principles and practice of
engineering or a waiver of both the fundamentals of engineering examination
and the principles and practice of engineering examination must meet one of
the following requirements:
]
(1)
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 ABET (EAC/ABET), and have:
]
(A)
taught in an EAC/ABET-accredited or -approved
program for at least four years and began teaching engineering prior to September
1, 2001; or
]
(B)
at least four years of experience consisting
of a combination of EAC/ABET teaching experience or other creditable engineering
experience and began teaching engineering prior to September 1, 2001; or
]
(C)
at least four years of creditable engineering
experience , as evaluated by the board under §133.43 of this chapter
(relating to Experience Evaluation).
]
(2)
have a Ph.D. degree in engineering not
qualifying under subsection (d)(1) 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 have:
]
(A)
taught in an EAC/ABET-accredited or -approved
program for at least six years and who began teaching engineering prior to
September 1, 2001; or
]
(B)
at least six years of experience consisting
of a combination of EAC/ABET teaching experience or other creditable engineering
experience and who began teaching engineering prior to September 1, 2001;
or
]
(C)
at least six years of creditable engineering
experience as evaluated by the board under §133.43 of this chapter (relating
to Experience Evaluation).
]
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
(e)
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.
]
(f)
] A business entity that offers
or is engaged in the practice of engineering in Texas and
is not registered
with the board
[
that fails to comply with subsection (e) 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).
(g)
] 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.
(h)
] 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 (e)
[
and (f)
] of this section unless renewed.
Part 14.
TEXAS OPTOMETRY BOARD