Part VI. Texas Board of Professional Engineers

Chapter 131. Practice and Procedure

Subchapter A. Bylaws and Definitions

22 TAC §131.18

The Texas Board of Professional Engineers adopts an amendment to §131.18, concerning bylaws and definitions, without changes to the proposed text as published in the April 24, 1998, issue of the Texas Register (23 TexReg 3991).

The amendment is being adopted to clarify that a resident of Texas may be someone who is practicing engineering in Texas exclusively on a Texas facility owned by that person's employer.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Civil Statutes, Article 3271a, §8(a), which provide the Texas Board of Professional Engineers with the authority to promulgate rules in accordance with Senate Bill 623.

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 June 29, 1998.

TRD-9810259

John R. Speed, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: July 19, 1998

Proposal publication date: April 24, 1998

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

22 TAC §131.52

The Texas Board of Professional Engineers adopts an amendment to §131.52, concerning application for license, without changes to the proposed text as published in the April 24, 1998, issue of the Texas Register (23 TexReg 3991).

The amendment is being adopted to consolidate all the engineering branches recognized by the board in one rule and denote software engineering as a new branch designation.

Comments were received regarding adoption of the amendment.

Seven individuals provided only favorable comments; four raised concerns. Among the concerns discussed were the lack of ethics education and design education within some academic programs leading to a software engineering career. Also discussed was the relationship of engineering academic accreditation to computer science academic accreditation. The board also discussed the "body of knowledge" within which software engineering is founded. It was the board's consensus that the issues raised were identical to issues addressed during the individual evaluation of any applicant under the existing licensing process. Therefore, the rule as proposed appeared to be adequate to provide proper protection to the public during the licensing process.

The amendment is adopted under Texas Civil Statutes, Article 3271a, §8(a), which provide the Texas Board of Professional Engineers with the authority to promulgate rules in accordance with Senate Bill 623.

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 June 29, 1998.

TRD-9810260

John R. Speed, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: July 19, 1998

Proposal publication date: April 24, 1998

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

22 TAC §131.101

The Texas Board of Professional Engineers adopts an amendment to §131.101, concerning examinations, without changes to the proposed text as published in the April 24, 1998, issue of the Texas Register (23 TexReg 3992).

The amendment is being adopted to establish a waiver from the Fundamentals of Engineering examination for individuals who meet certain educational requirements.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Civil Statutes, Article 3271a, §8(a), which provide the Texas Board of Professional Engineers with the authority to promulgate rules in accordance with Senate Bill 623.

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 June 29, 1998.

TRD-9810261

John R. Speed, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: July 19, 1998

Proposal publication date: April 24, 1998

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

22 TAC §131.114, §131.116

The Texas Board of Professional Engineers adopts amendments to §131.114 and §131.116, concerning board review of application, without changes to the proposed text as published in the April 24, 1998, issue of the Texas Register (23 TexReg 3992).

The amendments are being adopted to require that an applicant will be scheduled to appear before the full board for an interview instead of appearing before the licensing committee and to remove the branch designation listed in §131.116 as the branch designations are being consolidated in §131.52 which is being adopted in this issue of the Texas Register .

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Civil Statutes, Article 3271a, §8(a), which provide the Texas Board of Professional Engineers with the authority to promulgate rules in accordance with Senate Bill 623.

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 June 29, 1998.

TRD-9810262

John R. Speed, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: July 19, 1998

Proposal publication date: April 24, 1998

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

22 TAC §131.155

The Texas Board of Professional Engineers adopts an amendment to §131.155, concerning professional conduct and ethics, with changes to the proposed text as published in the April 24, 1998, issue of the Texas Register (23 TexReg 3993).

The amendment is being adopted to define inappropriate behaviors and clarify an engineer's conduct with regard to the personal reputation and retaliation under engineer's responsibility to the profession.

Subsection (b)(4) is adopted with changes to further clarify that misrepresentation in billing must be intentional.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Civil Statutes, Article 3271a, §8(a), which provide the Texas Board of Professional Engineers with the authority to promulgate rules in accordance with Senate Bill 623.

§131.155.Engineers' Responsibility to the Profession.

(a)

(No change.)

(b)

The engineer shall:

(1)-(3)

(No change.)

(4)

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)

(No change.)

(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)-(7)

(No change.)

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 June 29, 1998.

TRD-9810263

John R. Speed, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: July 19, 1998

Proposal publication date: April 24, 1998

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