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
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
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
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
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 E. EDUCATION
Chapter 131.
PRACTICE AND PROCEDURE
Subchapter G. BOARD REVIEW OF APPLICATION
Subchapter H. LICENSING
Subchapter J. COMPLIANCE AND ENFORCEMENT