Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter D. BARBER SHOPS
22 TAC §51.93
The Texas State Board of Barber Examiners adopts amendments
to §51.93. Sanitation Rules for Barber Shops, Schools and Colleges with
changes to the proposed text as published in the November 29, 2002, issue
of the
Texas Register
(27 TexReg 11033). As
adopted, the amendment to §51.93(f) paragraphs (7) and (8) are being
removed because they are duplicate paragraphs of §51.93(f)(5) and (6).
The amendments clarify that barber shops shall have not less than one sink
per three (rather than two) chairs whereas barber schools/colleges shall have
not less than one sink per two chairs.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under the Texas Occupations Code Chapter
1601.152, which directs the board to adopt reasonable rules on sanitation
for the operation of barber shops, specialty shops, and barber schools, and
Chapter 1601.151, which vests the board with the authority to make and enforce
all rules and regulations necessary for the performance of its duties, to
establish standards of conduct and ethics for all persons licensed or practicing
under the provision of the Texas Barber Law, and to regulate the practice
and teaching of barbering in keeping with the intent of the Texas Barber Law
and to ensure strict compliance with the Texas Barber Law.
No other article or statute is affected by these amendments.
§51.93.Sanitation Rules for Barber Shops and Barber Schools and Colleges.
(a)
Shop Conditions
(1)
Establishments to be lighted and ventilated. Every public
barber shop and barber school and college as defined in Texas Occupations
Code Chapter 1601 shall be properly and adequately lighted and ventilated.
An adequate volume of air must be exhausted to remove contaminants from aerosol
products. Fresh air must be provided to replace air exhausted.
(2)
Walls, ceilings, et cetera, to be kept clean. The walls,
ceilings, furniture and other fixtures, and all other exposed surfaces in
every such establishment shall be kept clean, free from dust, and maintained
in a state of good repair.
(3)
Floors to be kept clean. Floors of every such establishment
shall be thoroughly cleaned each day. All hair dropping upon the floor shall
be removed therefrom as soon as practicable and in such a manner as not to
cause a nuisance. Floors shall be maintained in a state of good repair.
(4)
Suitable equipment. Establishments shall be suitably equipped
to give adequate service to patrons and shall never be used as a living, dining,
or sleeping apartment.
(5)
A barber shop or barber school or college must be in a
separate room from sleeping quarters and the owner or operator shall permit
no person to sleep in any room used wholly or in part as such facility. There
shall be no entrances from the facility opening directly into sleeping quarters.
(6)
A barber shop or barber school or college must be separated
from a place where food is prepared or served by a solid wall from floor to
ceiling of lath or plaster or glass or other solid material.
(b)
Water Supply, Sewerage, and Toilet Facilities
(1)
All barber shops, barber schools, or colleges shall be
supplied with an adequate supply of hot and cold water under pressure. When
water is not obtained from an acceptable public supply, water must meet the
bacteriological, chemical, and physical requirements for drinking water systems
of the Texas Department of Health. Whenever possible, the source of water
supply shall be from an existing public drinking water system. Cross connections
between potable water systems and other systems or equipment containing water
or other substances of unknown or questionable safety are prohibited. Protection
against backflow and back siphonage shall be provided by proper airgaps or
approved backflow preventers where necessary.
(2)
Adequate and safe sewage facilities shall be provided.
Whenever possible, the facility shall be connected to a public sewerage facility.
Where public sewerage is not available, adequate treatment facilities meeting
the standards of the Texas Department of Health and approved by the local
health authority shall be installed to dispose of sewage.
(3)
Toilet facilities with flush toilets shall be suitably
located in adequately and properly ventilated compartments with closing doors
that lock from the inside. Toilet facilities in toilet rooms, separate for
each sex, shall be provided in all places of employment in accordance with
the table in this part.
(4)
The number of facilities to be provided for each sex shall
be based on the number of employees of that sex for whom the facilities are
furnished. Where only one toilet room is reasonably available and can be locked
from the inside, the rule requiring separate toilet rooms for each sex can
be waived. Where such single-occupancy rooms have more than one toilet facility,
only one such facility in each toilet room shall be counted for the purposes
of the table: Number employees--Number water closets: 1 to 15--1; 16 to 35--2;
36 to 55--3. When persons other than employees are permitted use of toilet
facilities on the premise, the number of such facilities shall be appropriately
increased in accordance with the table. For each three required toilet facilities,
at least one lavatory shall be located either in the toilet room or adjacent
thereto. Where only one or two toilet facilities are provided, at least one
lavatory so located shall be provided.
(5)
Washing facilities to be provided. Every such establishment
shall be provided with suitable and adequate washing facilities for barbering
services. Sinks or wash basins must be of nonabsorbent material and properly
trapped, with not less than one sink per three chairs for barber shops and
one sink per two chairs for barber schools/colleges.
(6)
Drinking water facilities. Where fountain facilities designed
for drinking from the stream are provided for dispensing drinking water, such
facilities shall be equipped with approved type angle jet fountain heads.
No common drinking cups are permitted.
(c)
Use of Equipment
(1)
No barber or other person affected by these rules shall
use on any person a comb, hairbrush, hair duster, mug, shaving brush, razor,
shears, scissors, clippers, or tweezers or any similar articles that are not
thoroughly cleaned and disinfected since last used.
(2)
The use of vacuum type devices for removal of loose hair
is satisfactory provided that the portion of the device coming in contact
with the patron is easily removed and constructed for easy cleaning and disinfection
and shall be disinfected prior to use on each patron.
(d)
Attendants to Wash Hands. Attendants shall wash their hands
thoroughly with soap and hot water before attending any person.
(e)
Cleaning and Disinfecting. A disinfectant, germicide, or
bactericide used shall be approved by the Environmental Protection Agency
and used according to label instructions. When not in use, instruments may
be placed in dry disinfectant equipment or under germicidal ultraviolet light.
Metallic instruments with a cutting edge may be disinfected after proper washing
by wiping carefully with a clean cotton pad saturated with a 70% alcohol solution,
or clipper blades may be disinfected with spray-type disinfectants approved
by the Environmental Protection Agency.
(f)
Towels
(1)
Individual towels required. No towels or washcloths shall
be used in any such establishment for more than one person without being properly
laundered and sanitized by regular commercial laundering or noncommercial
laundering process. The process shall include washing with a laundry detergent
and rinsing at a minimum temperature of 150 degrees Fahrenheit for not less
than 20 minutes. A bleach or sanitizing cycle using a rinse containing 100
ppm of available chlorine for three minutes may be used in addition to the
above wash and rinse cycle. A predrying procedure for towels and washcloths
will facilitate the removal of hair. Pre or post drying temperatures should
not exceed 165 degrees Fahrenheit.
(2)
Wet towels and washcloths must be removed from work-stands
upon completion of service to each patron.
(3)
Individual headrest coverage required. Before any patron
attended at any such establishment is permitted to recline in a chair, the
headrest of the chair shall be covered with a clean towel or clean sheet or
paper not previously used for any other purposes.
(4)
Dipping towels, shaving mugs, brushes, et cetera, in water
containers is prohibited.
(5)
Clean linens, such as face towels, steam towels, and other
linens used in any such establishment shall be kept in a closed cabinet at
all times.
(6)
Single use towels may be used on only one person.
(g)
Use of Stick Astringent Prohibited. No alums or other astringent
in stick or lump form shall be used in any such establishment. (Powdered or
liquid caustics are suggested.)
(h)
Creams, Lotions, and Cosmetics. All creams, lotions, and
other cosmetics used for patrons must be kept in clean and closed containers.
(i)
Powder Boxes. Open powder boxes must not be used in a reception
room and booths for patrons. Powder must be in shakers or similar receptacles.
(j)
Sanitary Removal of Creams and Semisolid Substances. Creams
and other semisolid substances must be dipped from the container with disinfected
articles or spatula; removing such substances with the fingers is prohibited.
(k)
Communicable Diseases and Infections
(1)
Employees. No person who is knowingly affected with a disease
in communicable form shall work or be employed in such establishment as required
in Texas Occupations Code Chapter 1601.
(2)
Patrons. No person who to his/her own knowledge is affected
with a known disease in communicable form shall be attended in any such establishment.
(l)
Regulations To Be Posted. Sufficient copies of these regulations
shall be kept posted in conspicuous places in every such establishment.
(m)
Penalties. Whoever violates any provision of these rules
and regulations as provided in the Texas Occupations Code Chapter 1601 or
refuses to comply with any provision thereof shall be fined not to exceed
$1,000.
(n)
Americans with Disabilities Act. To the extent that these
rules are in conflict with the Americans with Disabilities Act, the Act supercedes
these 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 January 14, 2003.
TRD-200300167
Dr. Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Effective date: February 3, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 458-1091
Chapter 80.
PROFESSIONAL CONDUCT
22 TAC §80.7
The Texas Board of Chiropractic Examiners adopts new §80.7,
relating to out-of-facility services, without changes to the proposed text
as published in the November 29, 2002, issue of the
Texas Register
(27 TexReg 11035). The text of the rule as amended will
not be republished.
As adopted, new §80.7 provides minimum requirements for providing
chiropractic services in a location other than the registered facility of
the licensee (out-of-facility services). The board recently received an inquiry
from a licensee who wishes to provide chiropractic services to employees of
certain businesses at their places of work. She wanted to know whether the
board had any requirements or restrictions on such practice. Prior to the
adoption of §80.7, the board did not have rules specifically applicable
to this type of practice. Recognizing that other licensees may develop their
practice in this direction, the board believes that some regulation should
be instituted to provide the board with basic information about these services
and to ensure that the public is provided with license and consumer information.
Accordingly, the board adopts §80.7 to provide minimal oversight of
out-of-facility services. Section 80.7 requires such licensees (1) to submit
specified information concerning each location at which they provide chiropractic
services, at the first visit and annually thereafter, and, (2) to provide
patients with their license numbers and dates of expiration, consumer information,
and basic information about their chiropractic facilities. Only licensees
who are practicing at a licensed facility may provide out-of-facility services.
Section 80.7 does not restrict a licensee from treating a patient, in the
patient's home, if the patient is physically unable to visit the chiropractor's
facility for treatment.
No comments were received concerning the proposed new section.
Section 80.7 is adopted under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act.
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 January 14, 2003.
TRD-200300166
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 3, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 305-6709
Chapter 131.
PRACTICE AND PROCEDURE
Subchapter E. EDUCATION
22 TAC §131.91
The Texas Board of Professional Engineers adopts amendments
to §131.91, relating to Educational Requirements for Applicants. The
amended section is adopted without changes to the proposed text as published
in the August 16, 2002, issue of the
Texas Register
(27 TexReg 7335) and will not be republished.
Section 131.91 describes the educational requirements that an applicant
must meet for licensure as a professional engineer in Texas. The amended section
provides that the educational requirements may be met in one of several ways,
by earning (1) an engineering or engineering technology degree from a program
that has been accredited or otherwise approved by one of two enumerated organizations;
(2) a bachelor degree in engineering or one of the mathematical, physical,
or engineering sciences, plus a graduate degree in engineering that has been
approved by one of the two enumerated organizations; (3) a degree that has
been evaluated in accordance with §131.92 and determined to meet the
program criteria requirements for a program accredited or otherwise approved
by the Engineering Accreditation Commission of the Accreditation Board for
Engineering and Technology, United States (EAC/ABET); or (4) a non-accredited
or -approved bachelor or graduate degree in engineering, mathematical, physical,
or engineering science approved by the executive director that includes, at
a minimum, certain courses enumerated in the rule or contains, in addition,
the courses enumerated in the rule. This amendment represents omission of
a reference to six foreign accrediting organizations since they have already
been approved and included in the Washington Accord. The Washington Accord
is an agreement between EAC/ABET and foreign accreditation organizations.
By this agreement, the signatories acknowledge mutual recognition of the substantial
equivalency of their respective accrediting systems and the engineering programs
accredited under them.
The amended section also provides that, for an applicant to fulfill the
educational requirements of the Act, the board does not accept degree programs
that give credit for life experience or consist primarily of engineering,
mathematical, physical, or engineering sciences courses that are correspondence
courses or are self-taught outside a formal classroom setting.
The amended section allows the board to better ensure that only qualified
applicants will be approved for licensure by requiring applicants to meet
the minimum educational requirements of the Texas Engineering Practice Act
and certain additional educational requirements determined by the board. For
instance, the board has determined that certain degree programs, such as those
that have not been accredited or approved by a recognized accrediting organization,
or that give credit for life experience or that contain correspondence courses
or similar courses in lieu of formal classroom training, are not sufficiently
reliable to demonstrate to the board that an applicant has attained the minimal
competency in the use of engineering algorithms and procedures.
The board received one comment during the public comment period regarding
the board's adoption of the amended section. The commenter disagreed with §131.91(b)
as proposed, which limits the extent to which the board will accept non-ABET
accredited or approved degree programs consisting primarily of correspondence
courses in engineering, mathematical, physical, or engineering science that
are self-taught or that does not require classroom attendance. The commenter
believes that self-taught correspondence courses should be acceptable to the
board for purposes of satisfying an applicant's educational requirements of
the Texas Engineering Practice Act because not all people are auditory learners
who can derive much benefit from classroom attendance. The board acknowledges
this commenter's concerns but responds that the new section does not restrict
self-taught correspondence courses entirely, it just restricts degree programs
that are based
primarily
on this type of learning.
The board believes that courses that are self-taught without the personal
interaction and guidance of knowledgeable faculty do not adequately contribute
toward an applicant's engineering education. Recognizing an applicant's need
for flexibility in obtaining an engineering education, the board does accept
distance learning programs that involve the interactive participation of faculty
because the board views these programs as meeting the educational requirements
of the Act.
The amendment is adopted pursuant to the Texas Engineering Practice
Act, Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; and pursuant to the Texas Engineering Practice Act, Tex. Rev. Civ.
Stat. Ann. art. 3271a, §12, which sets forth the general requirements
for licensure as a professional engineer in Texas and delegates to the board
the authority to evaluate applications for licensure to determine whether
applicants meet the minimum educational requirements of the Texas Engineering
Practice Act and the responsibility to determine what engineering and other
programs and curricula it deems acceptable for meeting the statutory requirements.
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 January 14, 2003.
TRD-200300199
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.92
The Texas Board of Professional Engineers repeals §131.92,
relating to Degrees from Non-Accredited Programs. The repeal is adopted without
changes to the proposed text as published in the August 16, 2002, issue of
the
Texas Register
(27 TexReg 7337) and will
not be republished.
The repeal is adopted concurrently with the adoption of new §131.92,
relating to Proof of Educational Requirements - Non-Accredited/ Non-Approved
Programs, which re-states the more general requirements of the current section
with some modifications for clarity and more explicitly makes the commercial
evaluation service requirement applicable to individuals who have graduated
from a program other than one that has been accredited or approved by any
of the organizations identified in §131.91, which is being amended concurrently
with the adoption of this repeal.
As a result of the repeal and the new and amended sections proposed concurrently
with it, the board's rules concerning educational qualifications are better
organized and allow persons who are interested in becoming licensed as a professional
engineer in Texas and the general public to more easily access and better
understand the board's proof of educational requirements applicable to the
licensure process.
No comments were received regarding the board's proposed adoption of the
repeal.
The repeal is adopted pursuant to the Texas Engineering Practice
Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which sets forth the general requirements
for licensure as a professional engineer in Texas and authorizes the board
to evaluate applications for licensure as well as the responsibility to determine
whether applicants have the educational qualifications required by the Texas
Engineering Practice Act and board rules; and §12.1 of the Act, which
authorizes the board to evaluate and approve applications from individuals
who wish to be certified as an engineer-in-training.
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 January 14, 2003.
TRD-200300200
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.92
The Texas Board of Professional Engineers adopts new §131.92,
relating to Proof of Educational Requirements - Non-Accredited/Non-Approved
Programs. The new section is adopted without changes to the proposed text
as published in the August 16, 2002, issue of the
Texas Register
(27 TexReg 7337) and will not be republished.
The new section combines portions of existing §131.92 (relating to
Degrees from Non-Accredited Programs), and §131.93, (relating to Transcripts);
both of those rules are being repealed and replaced concurrently with the
adoption of this new section. The new section delineates detailed requirements
for individual applicants using commercial degree evaluation services to meet
the education requirements.
The new section requires an applicant to furnish both an official transcript
and an evaluation for each degree to be relied upon to meet the educational
requirements of certification as an engineer-in-training or licensure. It
also provides that, in addition to providing a transcript reflecting the degree(s)
earned, an applicant is required to provide an official transcript from each
school from which more than 15 semester hours were earned towards the degree.
It also requires the applicant to ensure that the transcript is forwarded
from the institution's registrar or other records authority directly to a
commercial degree evaluation service approved by the board. This will provide
greater assurance that fraudulent or falsified documentation of educational
credentials will not be used in the review process.
The new section sets forth the requirements of any commercial degree evaluation
provided to it. Because some commercial degree evaluation services will not
be able to comply with all of these requirements, the board will maintain
a current list of the commercial degree evaluation services that it has approved
for purposes of evaluating non-accredited degree programs; the board will
maintain this list on the board's web site, at www.tbpe.state.tx.us.
The new section also changes the criteria and procedures to allow an applicant
to request that the executive director waive the commercial degree evaluation.
An applicant's waiver request must be provided in writing at the time of his
or her application for licensure. In addition, the new section removes several
redundant criteria for requesting waiver of a commercial evaluation, because
there is no requirement that a waiver be requested for the affected degree
programs. The substantially equivalent degree programs referred to in existing §131.92(b)
are now included as qualifying degrees in §131.91, relating to Educational
Requirements for Applicants, which is being amended concurrently with this
new rule.
The new section also provides that, if a transcript cannot be transmitted
directly to the evaluation service from the issuing institution, the applicant
may request approval from the executive director of an alternative method
of evaluating the applicant's educational qualifications. Finally, the new
section states that a commercial evaluation of a degree will not be accepted
in lieu of an official transcript.
As a result of the new rule, applicants, commercial degree evaluation services,
and the general public will be better informed of the procedures and information
necessary for the board to evaluate whether an applicant for licensure as
a professional engineer or certification as an engineer-in-training has met
the educational qualifications for licensure or certification. In addition,
the board will have greater information to evaluate whether a particular degree
program is satisfactory for purposes of licensure or certification.
On a fairly routine basis, the board receives applications from individuals
who have graduated from programs that are not EAC/ABET- or TAC/ABET-accredited
or approved, many of whom have graduated from degree programs at institutions
in countries outside the United States. The proposed section requires the
evaluation to determine whether a degree is equivalent to a United States
bachelor of science degree and further determine if the degree coursework
meets the EAC/ABET program criteria. If the degree does meet this criteria,
the propose section requires the board to accept the educational credentials
as meeting those of an approved program and the applicant would be eligible
for licensure under Section 12(a)(1) of the Act requiring four years of creditable
engineering experience. Those degrees evaluated by a commercial evaluation
service and found to not meet the EAC/ABET program criteria, but which meet
the minimum required course content as required under §131.91, would
continue to be eligible for licensure under Section 12(a)(2) of the Act requiring
eight years of creditable engineering experience.
No comments were received regarding the board's adoption of the new section.
The new section is adopted pursuant to the Texas Engineering
Practice Act, Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which sets forth the general requirements
for licensure as a professional engineer in Texas and authorizes the board
to evaluate applications for licensure and determine whether applicants have
the educational qualifications required by the Act and board rules; and §12.1
of the Act, which authorizes the board to evaluate and approve applications
from individuals who wish to be certified as an engineer-in-training.
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 January 14, 2003.
TRD-200300201
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.93
The Texas Board of Professional Engineers repeals §131.93,
relating to Transcripts. The repeal is adopted without changes to the proposed
text as published in the August 16, 2002, issue of the
Texas Register
(27 TexReg 7339) and will not be republished.
The repeal is adopted concurrently with the adoption of new §131.92,
relating to Proof of Educational Requirements - Non-Accredited/Non-Approved
Programs, and new §131.93, relating to Proof of Qualifications - Accredited/Approved
Programs, which re-state the more general requirements of the current section
with some modifications for clarity.
As a result of the proposed repeal and the new sections adopted concurrently
with it, the board's rules concerning educational qualifications are better
organized and allow persons who are interested in becoming licensed as a professional
engineer in Texas and the general public to more easily access and better
understand the board's proof of educational requirements applicable to the
licensure process.
No comments were received regarding the board's proposed adoption of the
repeal.
The repeal is adopted pursuant to the Texas Engineering Practice
Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which sets forth the general requirements
for licensure as a professional engineer in Texas and authorizes the board
to evaluate applications for licensure as well as the responsibility to determine
whether applicants have the educational qualifications required by the Texas
Engineering Practice Act and board rules; and §12.1 of the Act, which
authorizes the board to evaluate and approve applications from individuals
who wish to be certified as an engineer-in-training.
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 January 14, 2003.
TRD-200300202
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.93
The Texas Board of Professional Engineers adopts new §131.93,
relating to Proof of Qualifications - Accredited/Approved Programs. The new
section is adopted without changes to the proposed text as published in the
August 16, 2002, issue of the
Texas Register
(27
TexReg 7340) and will not be republished.
The new section describes the board's requirements concerning transcripts
to be furnished by applicants for licensure as a professional engineer or
certification as an engineer-in-training in Texas who have graduated from
a degree program that is accredited or approved by either the Engineering
Accreditation Commission of the Accreditation Board for Engineering and Technology,
United States (EAC/ABET); the Technology Accreditation Commission of the Accreditation
Board for Engineering and Technology (TAC/ABET); or the Consejo de Acreditacion
de la Ensenanza de la Ingenieria, Mexico (Council of Accreditation for Engineering
Education, C.A.). The new section re-states, with some modifications, the
requirements of existing §131.93, which is being repealed concurrently
with the adoption of this new rule. The new section requires applicants to
provide an official transcript to the board and to ensure that it is forwarded
directly to the board by the registrar of the institution from which the applicant
graduated. The new section provides that applicants may submit copies of transcripts
of all other degree programs directly to the board. Finally, the new section
provides that the applicant is responsible for ordering and paying for all
transcripts and that the executive director may request additional academic
information of an applicant.
The new section clarifies the board's requirements that an applicant demonstrate,
by furnishing the board with an acceptable transcript or a copy thereof, that
he or she has, in fact, graduated from an approved degree program and, therefore,
meets the minimum educational requirements of the Texas Engineering Practice
Act.
No comments were received regarding the board's adoption of the new section.
The new section is adopted pursuant to the Texas Engineering
Practice Act, Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which sets forth the general requirements
for licensure as a professional engineer in Texas and authorizes the board
to evaluate applications for licensure and determine whether applicants have
the educational qualifications required by the Act and board rules; and §12.1
of the Act, which authorizes the board to evaluate and approve applications
from individuals who wish to be certified as an engineer-in-training.
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 January 14, 2003.
TRD-200300203
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.101
The Texas Board of Professional Engineers repeals §131.101,
relating to Engineering Examinations Required for a License to Practice as
a Professional Engineer. The repeal is adopted without changes to the proposed
text as published in the August 16, 2002, issue of the
Texas Register
(27 TexReg 7341) and will not be republished.
The board is repealing this section concurrently with the adoption of a
new §131.101, which re-states the more general requirements of the current
section, with some modifications for clarity, reserving the more specific
portions of the existing section for other new sections being adopted concurrently
with this new section. The repeal and the new sections adopted concurrently
with it result in a better organization of the board's rules concerning examinations,
allowing persons who are interested in becoming licensed as a professional
engineer in Texas and the general public to more easily access and understand
the board's examination requirements applicable to the licensure process.
No comments were received regarding the board's proposed adoption of the
repeal.
The repeal is adopted pursuant to the Texas Engineering Practice
Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300204
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.101
The Texas Board of Professional Engineers adopts new §131.101,
relating to Engineering Examinations Required for a License to Practice as
a Professional Engineer. The new section is adopted without changes to the
proposed text as published in the August 16, 2002, issue of the
Texas Register
(27 TexReg 7341) and will not be republished.
The new section replaces existing §131.101, which sets forth numerous
requirements concerning the written examinations required by the board of
an applicant for licensure as a professional engineer in Texas. The new section
re-states the more general of these requirements, with some modifications
for clarity, reserving the more specific portions of the existing section
for other new sections being adopted concurrently with this new section.
The new section and other sections adopted concurrently with it result
in a better organization of the board's rules concerning examinations, allowing
persons who are interested in becoming licensed as a professional engineer
in Texas and the general public to more easily access and understand the board's
examination requirements applicable to the licensure process.
No comments were received regarding the board's adoption of the new section.
The new section is adopted pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300205
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.102
The Texas Board of Professional Engineers repeals §131.102,
relating to Examination for Record Purposes. The repeal is adopted without
changes to the proposed text as published in the August 16, 2002, issue of
the
Texas Register
(27 TexReg 7342) and will
not be republished.
The repeal is adopted concurrently with the adoption of new §131.106,
which re-states the language of the current section, with some modifications
for clarity. Therefore, the board's current policy of allowing an individual
to take an examination for record purposes will continue to be in effect,
but will be better organized within the board's rules concerning examinations.
The repeal is also adopted concurrently with the adoption of a new §131.102,
regarding the Texas Engineering Professional Conduct and Ethics Examination.
The board's intent is to reorganize its rules concerning examinations in a
more logical and readable fashion.
No comments were received regarding the board's proposed adoption of the
repeal.
The repeal is adopted pursuant to the Texas Engineering Practice
Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300206
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.102
The Texas Board of Professional Engineers adopts new §131.102,
relating to Texas Engineering Professional Conduct and Ethics Examination.
The new section is adopted without changes to the proposed text as published
in the August 16, 2002, issue of the
Texas Register
(27 TexReg 7343) and will not be republished.
The new section describes the board's requirements and procedures related
to the administration of the Texas Engineering Professional Conduct and Ethics
Examination. The new section re-states certain requirements that are contained
in existing §131.101, which is being repealed concurrently with the adoption
of this new section; it also clarifies that there are no fees or scheduling
forms associated with the examination.
No comments were received regarding the board's adoption of the new section.
The new section is adopted pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300207
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.103
The Texas Board of Professional Engineers repeals §131.103,
relating to Examination Analysis. The repeal is adopted without changes to
the proposed text as published in the August 16, 2002, issue of the
The repeal is adopted concurrently with the adoption of new §131.107,
which re-states the language of the current section with some modifications
for clarity. Through the repeal and the new section adopted concurrently with
it, the board continues to provide a procedure for an examinee who fails an
examination to receive a written analysis of the examination, but the board's
rules concerning examinations are reorganized in a more logical and readable
fashion.
No comments were received regarding the board's proposed adoption of the
repeal.
The repeal is adopted pursuant to the Texas Engineering Practice
Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300208
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.103
The Texas Board of Professional Engineers proposes new §131.103,
relating to Fundamentals of Engineering Examination. The new section is adopted
with changes to the proposed text as published in the August 16, 2002, issue
of the
Texas Register
(27 TexReg 7344). The
text of the rule will be republished.
The new section describes the board's requirements and procedures related
to its administration of the Fundamentals of Engineering Examination. The
new section re-states with some modifications for clarity certain requirements
that are contained in existing §131.101, which is being repealed concurrently
with the adoption of this new section; it also provides that certain undergraduate
students who do not meet the criteria of subsection (a) but must complete
the Fundamentals of Engineering examination to fulfill certain graduation
requirements may apply to the board to take the examination.
Through the adoption of the new section and others being adopted concurrently
with it, the board's rules concerning examinations are better organized and
will allow persons who are interested in becoming licensed as a professional
engineer in Texas and the general public to more easily access and better
understand the board's examination requirements applicable to the licensure
process.
A comment was received from the Texas Department of Transportation (TxDOT)
regarding the board's adoption of the new section. TxDOT questions why the
board would need to specify the office at which a participating school should
schedule the Fundamentals of Engineering examination. In response to this
comment, the board acknowledges that the proposed language specifying the
dean's office may not be appropriate for all programs participating in the
examination. Therefore, the language of §131.103(c) is changed to read
as follows: "Engineering students may schedule the Fundamentals of Engineering
examination at their participating school through the engineering dean, department
head, or other program administrator."
The new section is adopted pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
§131.103.Fundamentals of Engineering Examination.
(a)
An undergraduate student who is within two full-time regular
semesters (not including summer sessions) of graduating and who is enrolled
in an engineering program accredited or approved by the Engineering Accreditation
Commission of the Accreditation Board for Engineering and Technology, United
States (EAC/ABET), a four year baccalaureate technical program accredited
or approved by the Technology Accreditation Commission of the Accreditation
Board for Engineering and Technology, United States (TAC/ABET), or an engineering-related
science program of four years or more that has been approved by the board,
may take the Fundamentals of Engineering examination at the student's school
provided the school administers the examination as prescribed by the board.
(b)
A graduate student may take the Fundamentals of Engineering
examination at the student's school provided that the school administers the
examination as prescribed by the board and the student is enrolled in an EAC/ABET-accredited
graduate degree program or in a graduate program at an institution which has
an EAC/ABET-accredited undergraduate degree program in that discipline, and
the student has:
(1)
a baccalaureate degree that is EAC/ABET-accredited;
(2)
an engineering or engineering-related science program degree
that has been approved by the board; or
(3)
a non-engineering related curriculum or other degree in
which the student has provided evidence acceptable to the executive director
as meeting the minimum requirements of §12(a)(1) or (2) of the Act.
(c)
Engineering students may schedule the Fundamentals of Engineering
examination at their participating school through the engineering dean, department
head, or other program administrator.
(d)
Persons who demonstrate that they meet the educational
requirements for a license and who have not passed the Fundamentals of Engineering
examination while in college may apply to the board to take the examination
in accordance with the applicable examination schedule adopted by the board.
(e)
Persons who do not meet the criteria of subsection (a)
of this section, but who need only to complete the Fundamentals of Engineering
examination to fulfill the graduation requirements of a degree program that
would meet the educational requirements for a license, may apply to the board
to take the examinations in accordance with the applicable examination schedule
adopted by the board.
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 January 14, 2003.
TRD-200300209
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.104
The Texas Board of Professional Engineers repeals §131.104,
relating to Examination Irregularities. The repeal is adopted without changes
to the proposed text as published in the August 16, 2002, issue of the
The repeal is adopted concurrently with the adoption of new §131.108,
which re-states the language of the current §131.104, with some modifications
for clarity, in order to reorganize its rules concerning examinations in a
more logical and readable fashion.
No comments were received regarding the board's proposed adoption of the
repeal.
The repeal is adopted pursuant to the Texas Engineering Practice
Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300210
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.104
The Texas Board of Professional Engineers adopts new §131.104,
relating to the Principles and Practice of Engineering Examination. The new
section is adopted with changes to the proposed text as published in the August
16, 2002, issue of the
Texas Register
(27
TexReg 7346). The text of the rule will be republished.
The new section describes the board's requirements and procedures related
to the administration of the Principles and Practice Examination. The new
section re-states, with some modification and reorganization for clarity,
certain requirements that are contained in existing §131.101, which is
being repealed concurrently with this proposed new section; it also provides
that applicants must register to test in an area of competency as demonstrated
by their experience and education. The new section also clarifies certain
scheduling requirements for the examination, depending on whether it is an
examination that is offered once per year or an examination that is offered
twice per year.
Through the adoption of the new section and others adopted concurrently
with it, the board's rules concerning examinations are better organized and
will allow persons who are interested in becoming licensed as a professional
engineer in Texas and the general public to more easily access and better
understand the board's examination requirements applicable to the licensure
process.
A comment was received from the Texas Department of Transportation (TxDOT)
regarding the board's adoption of the new section. TxDOT states that subsections
(b)(4)(A) and (b)(4)(B) of the new section are confusing and suggests that
the language could be simplified by counting every offering of an exam up
to four. To eliminate confusion that may exist in the rule as proposed, the
board has changed the language of subsection (b)(4)(B) to read as follows:
"Once an applicant has scheduled for an examination that is offered twice
per year, either or the first time or after scheduling for an examination
that is offered once per year, the remaining consecutive opportunities shall
be counted as two annually from that examination forward until the four consecutive
opportunities expire."
The board declines to change the language of the rule in the manner suggested
by TxDOT because the counting of examination opportunities depends entirely
on which examination is chosen by an applicant and when, during the examination
cycle, a particular examination is chosen. There are 18 different disciplines
for which an applicant can sit for the Principles and Practice of Engineering
examination; some of these are offered once per year while others are offered
twice per year. Because an applicant can choose a particular examination that
he or she believes appropriately tests the applicant's experience, tracking
the available opportunities to take an examination would be difficult without
the language adopted by the board. An applicant may choose to take an examination
that is offered only once per year, and then, upon failing that examination,
may later choose to take a different examination that is offered twice per
year. The new section defines the board's system for tracking an applicant's
consecutive opportunities, clearly detailing when those opportunities will
expire based on the type of examination chosen and when during the examination
cycle it is chosen.
The new section is adopted pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
§131.104.Principles and Practice of Engineering Examination.
(a)
The Principles and Practice of Engineering examination
is open only to licensed engineers who wish to take the examination for record
purposes and to applicants who have received board approval to take it.
(b)
Applicants approved to take the Principles and Practice
of Engineering examination shall:
(1)
be advised of the first examination date for which they
are eligible;
(2)
schedule to test in an area of competency as demonstrated
by their experience and education;
(3)
be solely responsible for timely scheduling for the examination
and any payment of examination fees; and
(4)
have no more than four consecutive examination opportunities,
including the examination given on the date of the first available examination,
to pass the examination. No extensions shall be granted under any circumstances.
(A)
Once an applicant has scheduled for an examination that
is offered once per year, the consecutive opportunities shall be counted as
one annually as long as the applicant does not schedule to sit for an examination
that is offered twice per year.
(B)
Once an applicant has scheduled for an examination that
is offered twice per year, either for the first time or after scheduling for
an examination that is offered once per year, the remaining consecutive opportunities
shall be counted as two annually from that examination forward until the four
consecutive opportunities expire.
(c)
Applications for applicants who do not pass the examination
within the allotted time shall be denied.
(d)
After an application has been denied due to an applicant's
not passing the examination, an applicant may immediately apply for a license
under the law and rules in place when submitting the new application, and
shall submit all applicable documentation and fees associated with the application.
(e)
The Principles and Practice of Engineering examinations
shall be offered according to the schedule determined by the National Council
of Examiners for Engineering and Surveying.
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 January 14, 2003.
TRD-200300211
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.105
The Texas Board of Professional Engineers adopts new §131.105,
relating to Waiver of Examinations. The new section is adopted without changes
to the proposed text as published in the August 16, 2002, issue of the
The new section sets forth certain requirements of an applicant for licensure
who wishes to seek a waiver of one or more of the board's examination requirements.
The new section re-states, with some modification and reorganization for clarity,
certain requirements that are contained in existing §131.101, which is
being repealed concurrently with the adoption of this new section. The new
section also sets forth certain additional requirements that were not in existing §131.101,
concerning applicants who hold a Ph.D., in engineering and whose engineering
experience includes the teaching of engineering in an institution of higher
education.
Through the adoption of the new section and others adopted concurrently
with it, the board's requirements concerning waiver of the examination requirements
are more accurately reflected in its rules; in addition, the new section includes
a more thorough set of requirements applicable to those whose engineering
experience includes teaching. In addition, the board's rules concerning examinations
will be better organized and will allow persons who are interested in becoming
licensed as a professional engineer in Texas and the general public to more
easily access and better understand the board's examination requirements applicable
to the licensure process.
A comment was received from the Texas Department of Transportation (TxDOT)
regarding the board's adoption of the new section. TxDOT requested clarification
of §131.105(a)(3)(C) and (D) to specify a certain number of courses that
an applicant with a Ph.D., in engineering and who teaches engineering in an
institution of higher education must have taught during the time periods provided
in those paragraphs. TxDOT indicated that teaching one course for six years,
for example, should not be considered equivalent to passing both the Fundamentals
and Principles and Practice of Engineering examinations.
The board agrees with TxDOT that the teaching of only one course, may not
be sufficient experience for licensure. The new section, however, does not
automatically grant a waiver of the examination requirement. Instead, it identifies
the minimum engineering work experience necessary for eligibility to request
a waiver. Each application is evaluated individually to determine an applicant's
qualifications for waiver. Therefore, the board declines to specify a number
of courses that must have been taught. The Board recognizes that engineering
competency can be demonstrated by the level of education and in-depth work
involved in completing a dissertation associated with obtaining an advanced
degree such as a Ph.D., in engineering. The new section also recognizes that
an engineering educator is likely to have a combination of teaching and other
engineering work experience, such as publishing papers in technical and professional
journals, making technical and professional presentations, publishing books
and monographs, performing sponsored research, and reporting on research conducted
for sponsors.
Another comment was received from an individual who objects to a waiver
of the Principles and Practice of Engineering examination requirement for
Ph.D., faculty members. The commenter believes that teaching in a university
does not automatically qualify a person to practice "real world" engineering.
The commenter asserts that engineering experience satisfactory to the board
should be acquired under the watchful eye of a professional mentor. For the
reasons stated above, the board disagrees with this observation. The board
further points out that the commenter's concern is addressed by §131.153(b)
of this title (regarding Engineers' Actions Shall Be Competent), which requires
all licensed professional engineers to only accept and perform engineering
assignments for which they are qualified by education or experience to perform
adequately and competently. To facilitate awareness of this requirement, the
board requires all applicants to review the Act and board rules, including
those rules pertaining to professional conduct and ethics, and satisfactorily
complete an examination over these rules.
The new section is adopted pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300212
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.106
The Texas Board of Professional Engineers adopts new §131.106,
relating to Examination for Record Purposes. The new section is adopted without
changes to the proposed text as published in the August 16, 2002, issue of
the
Texas Register
(27 TexReg 7347) and will
not be republished.
The new section provides that an applicant for licensure may, upon written
request to the board, take an examination for record purposes only; it also
provides that an applicant may only take the Principles and Practice of Engineering
examination if the applicant is licensed as a professional engineer in Texas
or has been given permission by the board to do so. These provisions are not
new; they are a restatement, with some modification for clarity, of the same
provisions that were in §131.102, which is being repealed concurrently
with the adoption of this new section.
Through the adoption of the new section and others adopted concurrently
with it, the board's rules concerning examinations are better organized and
will allow persons who are interested in becoming licensed as a professional
engineer in Texas and the general public to more easily access and better
understand the board's examination requirements applicable to the licensure
process.
No comments were received regarding the board's adoption of the new section.
The new section is adopted pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300213
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
22 TAC §131.108
The Texas Board of Professional Engineers adopts new §131.108,
relating to Examination Irregularities. The new section is adopted without
changes to the proposed text as published in the August 16, 2002, issue of
the
Texas Register
(27 TexReg 7349) and will
not be republished.
The new section describes the manner in which the board addresses irregularities
that arise during an examination, such as cheating or other violations of
applicable policies and procedures. These provisions are not new; they are
a restatement, with some modification for clarity, of provisions that were
found in §131.104, which is being repealed concurrently with the adoption
of this new section.
Through the adoption of the new section and the others proposed concurrently
with it, the board's rules concerning examinations are better organized and
will allow persons who are interested in becoming licensed as a professional
engineer in Texas and the general public to more easily access and better
understand the board's examination requirements applicable to the licensure
process.
No comments were received regarding the board's adoption of the new section.
The new section is adopted pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, 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; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
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 January 14, 2003.
TRD-200300214
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 3, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 440-7723
Chapter 599.
TREATMENT STANDARDS
Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Subchapter F. EXAMINATIONS
Part 25.
STRUCTURAL PEST CONTROL BOARD