TITLE 22.EXAMINING BOARDS

Part 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

The Texas Board of Professional Engineers proposes an amendment to §133.51, relating to Reference Providers. The proposed amendment clarifies the difference between reference statements and reference providers.

The proposed amendment adds language to differentiate between reference statements and reference providers.

Lance Kinney, P.E., Deputy Executive Director for the board, has determined that for the first five-year period the proposed amendment is in effect there are no fiscal implications for the state or local government as a result of enforcing or administering the section as amended. Mr. Kinney has determined that there is no additional cost to the agency or to licensees. There is no fiscal impact to individuals required to comply with the rule. There is no effect to small or micro businesses.

Mr. Kinney also has determined that for the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment would be a clear and effective application process ensuring the licensure of qualified individuals.

Comments may be submitted no later than 30 days after the publication of this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention at (512) 440-0417.

The amendment is proposed pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, that 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; §1001.302, that outlines the minimum requirements for licensure; and §1001.303, that lists the requirements for an application for licensure

No other statutes, articles or codes are affected by the proposed amendment.

§133.51.Reference Providers.

(a) Applicants for licensure shall provide reference statements [ ~~references~~ ] to verify character suitability for licensure and all engineering experience claimed to meet the minimum years of experience required. Reference statements will be used to verify the applicant's character and the factual presentation of the applicant's experience and to determine to the extent the experience is creditable engineering experience.

(1) Standard Licensure Procedure. Applicants applying under §1001.302(a)(1)(A) or (B) of the Act, including those applicants licensed in another jurisdiction or previously licensed in Texas, shall provide reference statements from at least three reference providers [ ~~references~~ ]. These reference providers shall be [ ~~from~~ ] currently licensed professional engineers who have personal knowledge of the applicant's character, reputation, suitability for licensure, and engineering experience and shall review all [ ~~or the~~ ] applicable portions of the applicant's supplementary experience record and complete the reference statement in full.

(2) Waiver of Examinations Procedure. Applicants requesting a waiver from the examinations on the fundamentals of engineering or principles and practice of engineering shall provide reference statements from at least five reference providers [ ~~references~~ ]. These reference providers shall be [ ~~from~~ ] currently licensed professional engineers who have personal knowledge of the applicant's character, reputation, suitability for licensure, and engineering experience and shall review all [ ~~or the~~ ] applicable portions of the applicant's supplementary experience record and complete the reference statement in full.

(3) Reciprocal or Comity Licensure Procedure (Canada and the United Mexican States through NAFTA). Applicants applying under §1001.311 of the Act and the NAFTA Mutual Recognition Agreement shall provide reference statements from at least three reference providers [ ~~references~~ ]. These reference providers shall be [ ~~from~~ ] currently licensed professional engineers who have personal knowledge of the applicant's character, reputation, suitability for licensure, and engineering experience and shall review all [ ~~or the~~ ] applicable portions of the applicant's supplementary experience record and complete the reference statement in full.

(b) Professional engineers who have not worked with or directly supervised an applicant may review and judge the applicant's experience and may serve as a licensed engineer reference provider ; such review shall be noted on the reference statement.

(c) All reference providers shall be [ ~~provided by~~ ] individuals with personal knowledge of the applicant's character, reputation, and general suitability for holding a license. If possible, reference providers should be [ ~~provided by~~ ] individuals who directly supervised the applicants.

(d) (No change.)

(e) Professional engineers who provide reference statements [ ~~references~~ ] shall not be compensated.

(f) Reference statements [ ~~References~~ ] on file with the board from previous applications may be used upon written request of the applicant and with the approval of the executive director.

(g) The board members and staff may, at their discretion, rely on any, all, or none of the reference statements [ ~~references~~ ] provided in connection with an application for licensure.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 16, 2007.

TRD-200700546

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: April 1, 2007

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

Subchapter G. EXAMINATIONS

22 TAC §133.67

The Texas Board of Professional Engineers proposes an amendment to §133.67, relating to the Examination on the Principles and Practice of Engineering. The proposed amendment will modify the requirements to sit for the Principles and Practice of Engineering (PE) exam.

Elsewhere in this issue of the Texas Register , the Texas Board of Professional Engineers withdraws the previously proposed amendment to §133.67, which was published in the September 15, 2006, issue of the Texas Register (31 TexReg 7917).

The proposed rule change removes the minimum experience requirement to sit for the PE exam for certain applicants. Previously, applicants had to meet a minimum experience requirement (4 or 8 years), based upon their educational background, prior to being approved to sit for the PE exam. The proposed amendment would allow an applicant that is currently a certified Engineer-In-Training (EIT) to sit for the PE exam one time prior to gaining the minimum experience requirement for licensure. If an examinee could not make the original date for the exam, they would be able to reschedule their exam twice, for a total of three scheduled dates. If the examinee misses all three scheduled dates, or if they fail the PE exam, they would have to wait until they met the minimum experience requirement prior to scheduling their next attempt to sit for the PE exam.

The proposed rule would not change the minimum experience requirement for licensure. An examinee that has taken and passed the PE exam prior to gaining the minimum experience requirement would still be required to gain the full experience required prior to licensure.

Lance Kinney, P.E., Deputy Executive Director for the board, has determined that for the first five-year period the proposed amendment is in effect there is a potential positive fiscal impact for the state or local government if examination registration increases as a result of administering the section as amended. Mr. Kinney has determined that there is no additional cost to the agency or to licensees. There is no fiscal impact to individuals required to comply with the rule as proposed. There is no effect to small or micro businesses.

Mr. Kinney also has determined that for the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment is an increased incentive for applicants to complete the licensure process. However, since this policy would not be in line with the requirements of some other jurisdiction, it could pose issues for examinees that wish to become licensed via reciprocity in other states.

The amendment is proposed pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state; §1001.302, which outlines the minimum requirements for licensure; and §1001.304, which lists the requirements the Board must meet for providing an examination.

No other statutes, articles or codes are affected by the proposed amendment.

§133.67.Examination on the Principles and Practice of Engineering.

(a) (No change.)

(b) An individual may apply to take the examination on the principles and practice of engineering prior to meeting the experience requirements for licensure listed in Subchapter E of this chapter (relating to Experience) if the individual:

(1) has taken and passed the fundamentals of engineering examination;

(2) meets the educational requirements listed in §133.31 of this chapter (relating to Educational Requirements for Applicants);

(3) is a registered Engineer-in-Training in Texas; and

(4) is a current resident of Texas.

(c) Individuals who are approved to take the examination on the principles and practice of engineering prior to meeting the experience requirements for licensure shall have one opportunity to take and pass the examination prior to applying for licensure.

(1) If the examinee passes the examination, the examinee will be required to complete all other requirements prior to application for licensure.

(2) If the examinee does not pass the examination, the examinee will be required to take and pass the examination or qualify for a waiver of the examination per §133.69 of this chapter (relating to Waiver of Examinations) prior to licensure. The examination taken prior to meeting the experience requirements for licensure will count as one of the four opportunities outlined in subsection (d) of this section.

(3) If the examinee is not able to sit for an examination as scheduled, the examinee may register to take a subsequent examination. An examinee is permitted to register for an examination a maximum of three times prior to meeting the experience requirements for licensure.

(d) [ ~~(b)~~ ] Applicants for licensure who are approved to take the examination on the principles and practice of engineering after completing the experience requirements for licensure 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. Except as provided for in §133.61(i) of this chapter , 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.

(e) [ ~~(c)~~ ] Applications for licensure from applicants who do not pass the examination within the allotted time shall be denied pursuant to §133.87 of this chapter (relating to Final Action on Applications).

(f) [ ~~(d)~~ ] The examination on the principles and practice of engineering shall be offered according to the schedule determined by the National Council of Examiners for Engineering and Surveying or by the board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 16, 2007.

TRD-200700547

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: April 1, 2007

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

22 TAC §133.69

The Texas Board of Professional Engineers proposes an amendment to §133.69, relating to Waivers of Examinations. The proposed amendment clarifies the requirements for applying for a waiver of the Principles and Practice of Engineering exam for applicants who are currently licensed in another U.S. state or territory and those who are currently licensed in Mexico or Canada.

The proposed rule amendment adds language to clarify the requirements for a waiver of the Principles and Practice of Engineering examination. Applicants who are currently license in another U.S. state or territory will receive a standard license, while those who are currently licensed in Canada or Mexico and are applying via NAFTA must meet all requirements outlined in §133.11 and will receive a temporary license.

The amendment is proposed pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state; and §1001.305, which allows the Board to waive examination requirements for licensure.

No other statutes, articles or codes are affected by the proposed amendment.

§133.69.Waiver of Examinations.

(a) - (b) (No change.)

(c) Waiver of Principles and Practice of Engineering Examination. Applications for a waiver of the principles and practice of engineering examination will only be accepted from persons who meet the requirements of [ ~~paragraphs (1) or (2) of~~ ] this subsection.

(1) Currently Licensed in U.S. State or Territory: An applicant who is applying for a standard license and is [ ~~Another Jurisdiction: Be~~ ] currently licensed and in good standing in any U.S. state or territory shall [ ~~, Canada, or the United Mexican States, and~~ ]:

(A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have 12 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter; or

(B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have 16 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter;

(2) Currently Licensed in Canada or United Mexican States: An applicant applying for a temporary comity license via NAFTA shall meet the requirements of §133.11(3) of this chapter, and:

(A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have 12 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter; or

(B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have 16 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter;

(3) [ ~~(2)~~ ] Engineering Educator:

(A) meet the requirements of §133.25(a) and §133.25(b)(1) of this chapter and have:

(i) taught in an EAC/ABET-accredited or -approved program for at least six years and began teaching engineering prior to September 1, 2001;

(ii) at least six years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or

(iii) at least four years of creditable engineering experience , as evaluated by the board under §133.43 of this chapter; or

(B) meet the requirements of §133.25(a) and §133.25(b)(2) of this chapter and have:

(i) taught in an EAC/ABET-accredited or -approved program for at least eight years and began teaching engineering prior to September 1, 2001;

(ii) at least eight years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or

(iii) at least six years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter.

(d) An applicant is not eligible to request a waiver of the examination on the fundamentals of engineering if the applicant has taken and failed any examination on the fundamentals of engineering within the previous two years.

(e) An applicant is not eligible to request a waiver of the examination on the principles and practice of engineering if the applicant has taken and failed any examination on the principles and practice of engineering within the previous four years.

(f) Applicants requesting a waiver from any examination(s) shall file any additional information needed to substantiate the eligibility for the waiver with the application, as provided in §133.51 of this chapter (relating to Reference Providers), and §133.53 [ ~~§133.52~~ ] of this chapter (relating to Reference Statements). The board shall review all elements of the application to evaluate waiver request(s) and may grant a waiver(s) to qualified applicants.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 16, 2007.

TRD-200700548

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: April 1, 2007

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