22 TAC §131.15
The Texas Board of Professional Engineers adopts
an amendment to §131.15, relating to Committees, without changes
to the proposed text as published in the January 16, 2009, issue of
the Texas Register (34 TexReg 319)
and will not be republished.
The adopted rule changes the frequency of the Enforcement Committee
meetings to an as-needed basis. This is intended to prevent scheduling
unnecessary meetings when there is an insufficient agenda.
A total of 16 comments were received from individuals during the
public comment period concerning the proposed rule language. Nine
comments were in favor of the rule language. Three were neutral or
recommended minor language changes for clarification. The Board determined
that these changes were not necessary to clarify the rule.
Four comments were opposed to the proposed rule language. Two comments
requested that the rule specify who would determine if a meeting of
the Enforcement Committee would be considered necessary. The Board
disagrees. All meeting schedules and agendas are prepared by the Director
of Enforcement and reviewed by the Executive Director, as well as
the Chair of the Enforcement Committee. Ultimately the Chair of the
Board determines whether meetings are held. Therefore, the determination
of necessity for a meeting is not arbitrary, nor is it determined
by a single individual. In addition to the called meetings of the
Enforcement Committee, the Board has regular quarterly meetings where
the operations of the Enforcement Division can be discussed. No change
was made in response to these comments.
Two comments asserted that the Enforcement Committee's workload
warranted more frequent and regular meetings. The Board disagrees.
The Enforcement Committee reviews compliance and enforcement policy
issues and does not hear individual cases. Therefore, the Board made
no change in response to these comments.
One comment asserted that the Board offered no argument as to why
any change to the rule was necessary. The Board disagrees. The preamble
published with the proposed rule provided that the intent was "to
prevent scheduling unnecessary meetings when there is an insufficient
agenda." No change was made in response to this comment.
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 30, 2009.
TRD-200902696
Dale Beebe Farrow
Executive Director
Texas Board of Professional Engineers
Effective date: July 20, 2009
Proposal publication date: January 16, 2009
For further information, please call: (512) 440-7723