TITLE 22.EXAMINING BOARDS

Part 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

Chapter 131. PRACTICE AND PROCEDURE

Subchapter B. APPLICATION FOR LICENSE

22 TAC §131.52

The Texas Board of Professional Engineers adopts an amendment to §131.52, relating to Applications for a Professional Engineer License. The amended section is adopted without changes to the proposed text as published in the August 8, 2003, issue of the Texas Register (28 TexReg 6177) and will not be republished.

The amendment adds language to clarify that a person must list his or her full, legal name on the application for licensure as a professional engineer without nicknames or abbreviations. The amendment also requires by rule the applicant to submit proof of a legal name change to substantiate other required documentation submitted with the application such as transcripts or examination results.

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

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202 (formerly 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, Occupations Code §1001.302 (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §12) of the Act, which delegates to the board the authority to evaluate applications and sets forth general licensure 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 October 13, 2003.

TRD-200306716

Victoria J.L. Hsu, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: November 2, 2003

Proposal publication date: August 8, 2003

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


Subchapter E. EDUCATION

22 TAC §131.92

The Texas Board of Professional Engineers adopts amendments to §131.92, relating to Proof of Educational Requirements - Non-Accredited/Non-Approved Programs. The amended section is adopted without changes to the proposed text as published in the August 8, 2003, issue of the Texas Register (28 TexReg 6178) and will not be republished. This modifies the evaluation requirements required for a degree evaluation for those applicants with sufficient years of engineering experience to qualify under Section 1001.302 of the Texas Engineering Practice Act . The adopted amendment allows for the applicant to forego a detailed comparison in the evaluation to the Accreditation Board for Engineering and Technology program criteria since the applicant meets the requirements in Section 1001.302 of the Act.

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

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202 (formerly 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, Occupations Code §1001.302 (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §12) of the Act, which delegates to the board the authority to evaluate applications and sets forth general licensure requirements; and Occupations Code §1001. 309 (formerly §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 October 13, 2003.

TRD-200306717

Victoria J.L. Hsu, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: November 2, 2003

Proposal publication date: August 8, 2003

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


Chapter 131. PRACTICE AND PROCEDURE

The Texas Board of Professional Engineers adopts amendments to §§131.101, 131.104 and 131.106, relating to Examinations and §131.113, relating to Reconsideration of Non-Approved Applications or Examination Waivers. The amended sections are adopted without changes to the proposed text as published in the August 8, 2003, issue of the Texas Register (28 TexReg 6179) and will not be republished.

The amendments modify the existing rules to include provisions for complying with the American with Disabilities Act for examination candidates, for adding provisions to allow those applicants who have been called into active military duty alternatives for examination scheduling, and for clarifying a recent modification in the rule to allow currently licensed professional engineers the ability to sit for an examination for record purposes. In addition, the amendment to §131.113, clarifies the current board practice for requesting an appeal to the Board's action on a denied application or examination waiver request.

No comments were received regarding the board's adoption of the amended sections.

Subchapter F. EXAMINATIONS

22 TAC §§131.101, 131.104, 131.106

The amendments are adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202 (formerly 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, Occupations Code §1001.302 (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §12) of the Act, which delegates to the board the authority to evaluate applications and sets forth general licensure requirements; and Occupations Code §1001.304 (formerly §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 October 13, 2003.

TRD-200306718

Victoria J.L. Hsu, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: November 2, 2003

Proposal publication date: August 8, 2003

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


Subchapter G. BOARD REVIEW OF APPLICATION

22 TAC §131.113

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202 (formerly 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, Occupations Code §1001.302 (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §12) of the Act, which delegates to the board the authority to evaluate applications and sets forth general licensure requirements; and Occupations Code §1001.304 (formerly §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 October 13, 2003.

TRD-200306719

Victoria J.L. Hsu, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: November 2, 2003

Proposal publication date: August 8, 2003

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


Subchapter H. LICENSING

2. REGISTRATION OF FIRMS

22 TAC §§131.141 - 131.143

The Texas Board of Professional Engineers adopts amendments to §§131.141-131.143, relating to Firm Registration. Section 131.141 is adopted without changes to the proposed text as published in the August 8, 2003, issue of the Texas Register (28 TexReg 6181) and will not be republished. Sections 131.142 and 131.143 are adopted with three non-substantive changes to the proposed text as published in the August 8, 2003, issue of the Texas Register (28 TexReg 6181). The text of the rules will be republished. The amendments modify the existing rules to include provisions to clarify the definition of "public" as referenced in the Act, to clarify the required information necessary for firm registration and to clarify the board's interpretation of a full-time employee of a part-time firm. In addition, the amendments clarify the firm renewal process, set deadlines for certificate expiration, and clarify reporting requirements for firms no longer offering engineering services to the public in Texas.

Three non-substantive changes are proposed from the previous text to account for statutory changes to Chapter 1001, Occupations Code. In the adopted rule, references to sections in Vernon Civil Statutes have been changed to the appropriate cross-referenced sections in Chapter 1001, Occupations Code. In addition, legislative action now allows the use of the title of "engineer" by various persons meeting the revised requirements in the amended statute. Since the original intent of the adopted rule was to clarify the ability of a licensed engineer to provide services to the public on a part-time basis, the term "professional" was added to the rule language to continue this original intent and clearly distinguish from those who may use the title "engineer" within their employment arrangement.

No comments were received from the public regarding the board's adoption of the amended sections. Three non-substantive changes are proposed from the previous text to account for statutory changes to Chapter 1001, Occupations Code. In the adopted rule, references to sections in Vernon Civil Statutes have been changed to the appropriate cross-referenced sections in Chapter 1001, Occupations Code. In addition, legislative action now allows the use of the title of "engineer" by various persons meeting the revised requirements in the amended statute. Since the original intent of the adopted rule was to clarify the ability of a licensed engineer to provide services to the public on a part-time basis, the term "professional" was added to the rule language to continue this original intent and clearly distinguish from those who may use the title "engineer" within their employment arrangement.

The amendments are adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202 (formerly 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, Occupations Code §1001.405 (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §§17 and 18), which sets forth requirements for a firm to practice engineering within the state.

§131.142.Application for a Certificate of Registration.

(a) The board may issue a certificate of registration only to applicant firms having submitted sufficient information to meet the requirements set forth in §1001.405 of the Act and this section.

(b) The authorized official of the firm shall complete the form furnished by the board including but not limited to the following listed in paragraphs (1)-(6) of this subsection:

(1) the name, address, and communication number of the firm offering to engage or engaging in the practice of professional engineering for the public in Texas;

(2) the name, position, address, and communication numbers of each officer or director;

(3) the name, address, current Texas professional engineer license number of each regular, full-time engineer employee performing engineering for the public in Texas on behalf of the firm;

(4) the name, location, and communication numbers of each subsidiary or branch office offering to engage or engaging in the practice of professional engineering for the public in Texas, if any;

(5) a signed statement attesting to the correctness and completeness of the application; and

(6) a registration fee as determined by the board.

(c) For a firm that operates only on a part-time basis, the professional engineer who has physical presence, is an employee of the firm, and offers or performs the engineering work or who directly supervises the engineering work while the firm is in operation shall satisfy the requirement of the regular, full-time employee.

(d) The application fee will not be refunded.

§131.143.Registration Modification, Renewal and Expiration.

(a) The certificate of registration shall be valid until the last day of the twelfth month following the date of issuance of the certificate of registration. At least one month in advance of the date of the expiration, the board shall notify each firm holding a certificate of registration of the date of the expiration and the amount of the fee that shall be required for its renewal for one year. Such notice shall be mailed of said registration to the last address provided by the firm to the board. The certificate of registration may be renewed by completing the renewal application and paying the annual registration renewal fee set by the board. It is the sole responsibility of the firm to pay the required renewal fee at the time of payment, regardless of whether the renewal notice is received.

(b) No engineering services are to be offered or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.

(c) Notification in writing shall be given to the board within fifteen (15) calendar days of:

(1) any change of the firm name or address;

(2) any change in the officers or directors

(3) change in the employment status of the professional engineers of the firm;

(4) the dissolution of the firm; or

(5) the firm no longer offers to provide or is not providing engineering services to the public in Texas.

(d) A certificate of registration which has been expired for less than one year may be renewed by completing the renewal statement sent by the board and payment of two (2) times the normal renewal fee. When renewing an expired certificate of registration, the authorized official of the firm shall submit a written a statement of whether engineering services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired.

(e) If a certificate of registration has been expired for more than one year, the firm must re-apply for certification under the laws and rules in effect at the time of the new application and shall be issued a new certificate of registration serial number if the new application is approved.

(f) Offering to engage or engaging in the practice of professional engineering for the public in Texas with an expired certificate of registration may also result in administrative penalties under the Texas Engineering Practice Act (Act), §1001.502 and §131.167(i) of this title (relating to Disciplinary Actions).

(g) The renewal fee will not be refunded.

(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 a professional engineer licensed in Texas, the certificate of registration record will be placed in inactive status until the board is notified of resumed offering and services. If firm certificate of registration is inactive, the certificate of registration will expire under the same requirements of subsections (d) and (e) of this section unless renewed.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 13, 2003.

TRD-200306720

Victoria J.L. Hsu, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: November 2, 2003

Proposal publication date: August 8, 2003

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


Subchapter J. COMPLIANCE AND ENFORCEMENT

22 TAC §131.162

The Texas Board of Professional Engineers adopts an amendment to §131.162, relating to Firm Compliance, with changes to the proposed text as published in the August 8, 2003, issue of the Texas Register (28 TexReg 6181). The text of the rule will be republished. The board adopts the amendments with three non-substantive changes to reflect recodification of the Texas Engineering Practice Act into the Occupations Code, Chapter 1001. The adopted amendment adds language to the existing rule to include providing engineering services in addition to the offering engineering services to reflect the statutory language in Section 1001.405 of the Texas Engineering Practice Act.

No comments were received as a result of the board's adoption of this amendment. The board adopts the amendments with three non-substantive changes to reflect recodification of the Texas Engineering Practice Act into the Occupations Code, Chapter 1001.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202 (formerly 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, Occupations Code §1001.405 (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §§17 and 18), which sets forth requirements for a firm to practice engineering within the state; and pursuant to the Texas Engineering Practice Act, Occupations Code Subchapters J and K (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §§22 and 22C), which authorize the board to impose certain sanctions and administrative penalties if the board determines that violations of the Texas Engineering Practice Act and/or board rules have occurred; and pursuant to the Texas Engineering Practice Act, Occupations Code Subchapter L (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §23), which authorizes the board to refer matters for criminal prosecution if the board determines that violations of the Texas Engineering Practice Act and/or board rules have occurred.

§131.162.Firm Compliance.

(a) The board shall not consider any firm, partnership, association, corporation, or other business entity as being in compliance with the Texas Engineering Practice Act (Act), §1001.405, unless a licensed professional engineer is a regular full-time employee of the firm, partnership, association, corporation or other business entity. The engineer shall provide to the board evidence of such employment upon its request. This section does not prohibit a licensed professional engineer from performing consulting engineering services on a part-time basis as an individual. An engineering firm shall provide that at least one full-time engineer employee directly supervises all engineering work performed in branch, remote, or project offices.

(b) In accordance with §1001.405, of the Act and §131.141 of this title (relating to Authority), all sole proprietorships, firms, partnerships, corporations and joint stock associations offering and/or providing engineering services to the public must be registered by the board. Effective October 1, 2000, any qualifying entity under §1001.405 of the Act that offers and/or provides consulting engineering services to the public and does not hold a current certificate of registration with the board 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 §131.167(i) of this title (relating to Disciplinary Actions).

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 October 13, 2003.

TRD-200306721

Victoria J.L. Hsu, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: November 2, 2003

Proposal publication date: August 8, 2003

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


22 TAC §131.167

The Texas Board of Professional Engineers adopts amendment to §131.167, relating to Disciplinary Actions. The amended section is adopted without changes to the proposed text as published in the August 8, 2003, issue of the Texas Register (28 TexReg 6183) and will not be republished. The proposed amendment separates the infractions of practicing with an expired or suspended license and modifies the penalties associated with each type of infraction.

The adopted amendment distinguishes between the intent of the license holder while practicing without a valid license. In the case of practicing with an expired license, the license holder may have not received notice and paid the renewal timely. Although a violation of the Act and the Board processes a substantial number of cases for practicing with an expired license, the license holder does not exhibit a willful intent to defy the law and rules. In the case of practicing with a suspended license, the Board has previously disciplined the license holder and subsequent practice is a willful violation of the Board authority. The Board believes the latter requires a more substantial penalty and proposes to amend the rule accordingly. The adopted recommended sanction for practicing with an expired license is a probated suspension of the license and $500 fine. The adopted recommended sanction for practicing with a suspended license is revocation and $3,000 fine.

No comments were received in response to the adoption of this amendment by the board.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202 (formerly 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, Occupations Code Subchapters J and K (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §§22 and 22C), which authorize the board to impose certain sanctions and administrative penalties if the board determines that violations of the Texas Engineering Practice Act and/or board rules have occurred; and pursuant to the Texas Engineering Practice Act, Occupations Code Subchapter L (formerly Tex. Rev. Civ. Stat. Ann. art. 3271a, §23), which authorizes the board to refer matters for criminal prosecution if the board determines that violations of the Texas Engineering Practice Act and/or board rules have occurred.

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 October 13, 2003.

TRD-200306722

Victoria J.L. Hsu, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: November 2, 2003

Proposal publication date: August 8, 2003

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