PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS
CHAPTER 131. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER F. ADMINISTRATION
22 TAC §131.85
The Texas Board of Professional Engineers (Board)
adopts an amendment to §131.85, relating to Board Rules Procedures,
with changes to the proposed text as published in the April 10, 2009,
issue of the Texas Register (34 TexReg
2351). The text of the rule will be republished.
The adopted amendment is related to minimum requirements for the
Board to accept a petition from the public for the development or
adoption of a Board rule.
The adopted rule requires the Board to accept a petition for proposal,
adoption, deletion, or amendment of a Board rule submitted by a minimum
of 25 individuals or an association representing at least 25 individuals.
The 25 person minimum is in line with Government Code §2001.029
regarding public hearings.
One comment was received from the public suggesting the removal
of redundant language regarding submitting a petition and this language
was incorporated into the rule.
The amendment is adopted pursuant to the Texas Engineering
Practice Act (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.
§131.85.Board Rules Procedures.
(a) Amendments, Deletions, and Additions of Rules.
Proposed amendments, deletions, or additions to the board rules of
practice and procedure may be submitted by the staff or any board
member. Board action to accept or amend the proposal shall require
a majority vote when a quorum is present at a meeting. A proposal
or amended proposal, as accepted by the board, can be promulgated
as an amendment, deletion, or addition to board rules by following
the procedures set out in Chapters 2001 and 2002, Texas Government Code.
(b) Petition for Adoption of Rules. The board shall
accept a petition submitted by at least 25 persons or by an association
having at least 25 members to adopt, delete, or amend a rule. The
petition must be filed with the executive director at least 30 days
and not more than 60 days prior to a regular board meeting at which
board action will be taken. Such a petition will include, but need
not be limited to, the following.
(1) Identity information. Full name and complete mailing
address and telephone number of the petitioner on whose behalf the
petition is filed.
(2) Reference. Reference to the rule which it is proposed
to make, change or amend, or delete, so that it may be identified
and prepared in a manner to indicate the word, phrase, or sentence
to be added, changed, or deleted from the current text, if any. The
proposed rule should be presented in the exact form in which it is
to be published, adopted, or promulgated.
(3) A suggested effective date. The desired effective
date should be stated.
(4) Justification. Justification for the proposed action
in narrative form with sufficient particularity to fully inform the
board and any interested party of the facts upon which the petitioner
relies, including the statutory authority for the promulgation of
the proposed rule.
(5) Desired effect of proposal. Include a brief statement
detailing the desired effect to be achieved by the proposed rule,
change, or amendment or deletion.
(6) Summary. A concise summary of the proposed rule,
change, or amendment.
(7) Signatures. Signatures on the petition of the petitioners
and/or the attorney or representative of the petitioners.
(8) Fee. Any fee required by statute or board rules.
(c) Petition Decision by Board. Within 60 days after
submission of a petition requesting the adoption of a rule the board
either shall deny the petition in writing, stating its reasons for
the denial, or shall initiate rule making proceedings in accordance
with subsection (a) of this section and by law.
(d) Suspension of Rules. In any case in which a public
emergency or imperative public necessity so requires, the board may
suspend the operation of these sections to the extent authorized by law.
(e) Invalid Portions and Saving Provisions.
(1) If any subcategory, rule, section, subsection,
sentence, clause, or phrase of these rules is for any reason held
invalid, such decision shall not affect the validity of the remaining
portions of these sections. The board hereby declares that it would
have adopted these sections and such subcategories, rules, sections,
subsections, sentences, clauses, or phrases thereof irrespective of
the fact that any one or more of the subcategories, rules, sections,
subsections, sentences, clauses, or phrases be declared invalid.
(2) Since individual board rules are adopted, changed,
or deleted periodically, each rule herein will apply only to acts
occurring on or after the effective date of the rule. An act occurring
before the effective date of one or more of these rules will be governed
by the rules existing before the effective date, which rules are continued
in effect for this purpose as if these rules were not in force. Any
proceeding pending before the board on the effective date of one or
more of these rules is governed by the rules existing before the effective
date of these rules, which rules are continued in effect for this
purpose as if these rules were not in force.
(3) If there is any conflict between the agency's rules
and statutory provisions, and the rules cannot be harmonized with
the statute in a timely manner, the statutory provisions shall control.
The board shall issue a statement describing the irregularity, expected
schedule for correction, and necessary action by an effected party.
(f) Effective Date. The effective date of each rule
or subdivision of each rule shall be that date published as the effective
date of the rule or subdivision of the rule in the Texas Register
as a result of the rule making
procedures set out in Chapters 2001 and 2002, Texas Government Code.
(g) Rules Identification and Format. The board reserves
the right to revise the format of these rules of practice and procedure
to comply with statutory requirements, and such required revision
shall not invalidate any portion or change the effective date of the
rules of practice and procedure as 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 June 26, 2009.
TRD-200902620
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 16, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers (Board) adopts amendments
to §133.11, relating to Types of Licenses; §133.23, relating
to Applications for Former Standard License Holders; §133.33,
relating to Proof of Educational Qualifications for Non-Accredited/Non-Approved
Programs; and §133.43, relating to Experience Evaluation for
Applicants, without changes to the proposed text as published in the
April 10, 2009, issue of the Texas Register (34
TexReg 2352) and will not be republished.
The adopted change to §133.11 relates to temporary licenses
obtained via international agreements such as the North American Free
Trade Agreement (NAFTA). Certain applicants have attempted to use
the temporary licensure process to obtain a de facto permanent license,
either through continual reapplication and renewal of the temporary
license or by claiming a temporary license qualifies for licensure
as a Former Texas License Holder. In addition, the adopted rule clarifies
that a temporary license has a maximum duration of three years and
that once a temporary license has expired, a former temporary license
holder cannot apply for a subsequent temporary license. In addition,
the holder of a temporary license can start the standard license process
while still holding a temporary license.
The adopted change to §133.23 clarifies that the re-licensure
rule was intended for applicants that held a standard license and
not those that were licensed via the emergency temporary or temporary
international licensure process. These changes limit the use of this
licensure process to former holders of a standard license only. The
adopted rule clarifies that a temporary license has a maximum duration
of three years and that once a temporary license has expired, a former
temporary license holder cannot apply for a subsequent temporary license.
In addition, the holder of a temporary license can start the standard
license process while still holding a temporary license.
The adopted change to §133.33 removes a reference to an organization
that no longer exists and clarifies that a foreign degree evaluation
must indicate that a degree is equivalent to a degree from a U.S.
educational institution.
The adopted change to §133.43 allows the Board to consider
if an applicant intends to perform or offer engineering services in
Texas when evaluating engineering experience. The Board is also adopting
additional editorial changes to clarify and simplify the language
used in the rule.
No public comments were received regarding adoption of the rules.
SUBCHAPTER B. PROFESSIONAL ENGINEER LICENSES
22 TAC §133.11
The amendment is adopted 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 2009.
TRD-200902621
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 16, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 440-7723
22 TAC §133.23
The amendment is adopted 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 2009.
TRD-200902622
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 16, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 440-7723
CHAPTER 133. LICENSING
SUBCHAPTER C. PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS
SUBCHAPTER D. EDUCATION