CHAPTER 1001. ENGINEERS
OCCUPATIONS CODE
TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,
AND RELATED PRACTICES
SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES
CHAPTER 1001. ENGINEERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. SHORT TITLE. This chapter may be cited as The
Texas Engineering Practice Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Professional Engineers.
(2) "Engineer" means a person licensed to engage in the practice
of engineering in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.003. PRACTICE OF ENGINEERING. (a) In this section:
(1) "Design coordination" includes the review and coordination
of technical submissions prepared by others, including the work
of other professionals working with or under the direction of an
engineer with professional regard for the ability of each
professional involved in a multidisciplinary effort.
(2) "Engineering survey" includes any survey activity required
to support the sound conception, planning, design, construction,
maintenance, or operation of an engineered project. The term does
not include the surveying of real property or other activity
regulated under Chapter 1071.
(b) In this chapter, "practice of engineering" means the
performance of or an offer or attempt to perform any public or
private service or creative work, the adequate performance of
which requires engineering education, training, and experience in
applying special knowledge or judgment of the mathematical,
physical, or engineering sciences to that service or creative
work.
(c) The practice of engineering includes:
(1) consultation, investigation, evaluation, analysis, planning,
engineering for program management, providing an expert
engineering opinion or testimony, engineering for testing or
evaluating materials for construction or other engineering use,
and mapping;
(2) design, conceptual design, or conceptual design coordination
of engineering works or systems;
(3) development or optimization of plans and specifications for
engineering works or systems;
(4) planning the use or alteration of land or water or the
design or analysis of works or systems for the use or alteration
of land or water;
(5) responsible charge of engineering teaching or the teaching
of engineering;
(6) performing an engineering survey or study;
(7) engineering for construction, alteration, or repair of real
property;
(8) engineering for preparation of an operating or maintenance
manual;
(9) engineering for review of the construction or installation
of engineered works to monitor compliance with drawings or
specifications;
(10) a service, design, analysis, or other work performed for a
public or private entity in connection with a utility, structure,
building, machine, equipment, process, system, work, project, or
industrial or consumer product or equipment of a mechanical,
electrical, electronic, chemical, hydraulic, pneumatic,
geotechnical, or thermal nature;
(11) providing an engineering opinion or analysis related to a
certificate of merit under Chapter 150, Civil Practice and
Remedies Code; or
(12) any other professional service necessary for the planning,
progress, or completion of an engineering service.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.001(a),
eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
259, Sec. 1, eff. September 1, 2005.
Sec. 1001.004. LEGISLATIVE PURPOSE AND INTENT; LIBERAL
CONSTRUCTION OF CHAPTER. (a) The legislature recognizes the
vital impact that the rapid advance of knowledge of the
mathematical, physical, and engineering sciences as applied in
the practice of engineering has on the lives, property, economy,
and security of state residents and the national defense.
(b) The purpose of this chapter is to:
(1) protect the public health, safety, and welfare;
(2) enable the state and the public to identify persons
authorized to practice engineering in this state; and
(3) fix responsibility for work done or services or acts
performed in the practice of engineering.
(c) The legislature intends that:
(1) the privilege of practicing engineering be entrusted only to
a person licensed and practicing under this chapter;
(2) only a person licensed under this chapter may:
(A) engage in the practice of engineering;
(B) be represented in any way as any kind of "engineer"; or
(C) make any professional use of the term "engineer"; and
(3) this chapter be strictly complied with and enforced.
(d) This chapter shall be liberally construed to carry out the
intent of the legislature.
(e) This chapter does not:
(1) prevent a person from identifying the person in the name and
trade of any engineers' labor organization with which the person
is affiliated;
(2) prohibit or otherwise restrict a person from giving
testimony or preparing an exhibit or document for the sole
purpose of being placed in evidence before an administrative or
judicial tribunal, subject to the board's disciplinary powers
under Subchapter J regarding negligence, incompetency, or
misconduct in the practice of engineering;
(3) repeal or amend a law affecting or regulating a licensed
state land surveyor; or
(4) affect or prevent the practice of any other legally
recognized profession by a member of the profession who is
licensed by the state or under the state's authority.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 1, eff.
Sept. 1, 2003.
Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board of
Professional Engineers is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2015.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff.
Sept. 1, 2003.
SUBCHAPTER B. EXEMPTIONS
Sec. 1001.051. LIMITATION ON EXEMPTION. An exemption under this
subchapter applies only to a person who does not offer to the
public to perform engineering services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff.
Sept. 1, 2003.
Sec. 1001.052. EMPLOYEE OF LICENSE HOLDER. A person who is an
employee or subordinate of an engineer is exempt from the
licensing requirements of this chapter if the person's practice
does not include responsible charge of design or supervision.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.053. PUBLIC WORKS. The following work is exempt from
this chapter:
(1) a public work that involves electrical or mechanical
engineering, if the contemplated expense for the completed
project is $8,000 or less;
(2) a public work that does not involve electrical or mechanical
engineering, if the contemplated expense for the completed
project is $20,000 or less; or
(3) road maintenance or improvement undertaken by the
commissioners court of a county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 273, Sec. 1, eff. June
18, 2003.
Sec. 1001.054. FEDERAL OFFICER OR EMPLOYEE. An officer or
employee of the United States is exempt from the licensing
requirements of this chapter during the time the officer or
employee is engaged in the practice of engineering for the United
States in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.055. MECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT. (a)
A person is exempt from the licensing requirements of this
chapter if the person is installing, operating, repairing, or
servicing a locomotive or stationary engine, steam boiler, diesel
engine, internal combustion engine, refrigeration compressor or
system, hoisting engine, electrical engine, air conditioning
equipment or system, or mechanical, electrical, electronic, or
communications equipment or apparatus.
(b) This exemption does not permit a person to:
(1) sign an engineering plan or specification if the person is
not an engineer; or
(2) use the term "engineer" or "engineering" in any manner
prohibited by this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.056. CONSTRUCTION OR REPAIR OF AND PLANS FOR CERTAIN
BUILDINGS. (a) A person, sole proprietorship, firm,
partnership, joint stock association, or private corporation is
exempt from the licensing requirements of this chapter if:
(1) a representation that engineering services have been or will
be offered to the public is not made or implied; and
(2) the person or entity is erecting, constructing, enlarging,
altering, or repairing or is drawing plans or specifications for:
(A) a private dwelling;
(B) apartments not exceeding eight units for each building in
the case of one-story buildings;
(C) apartments not exceeding four units for each building and
having a maximum height of two stories;
(D) a garage or other structure pertinent to a building
described by Paragraph (A), (B), or (C);
(E) a private building to be used exclusively for:
(i) farm, ranch, or agricultural purposes; or
(ii) storage of raw agricultural commodities; or
(F) a building having no more than one story that:
(i) is not a building exempt from the licensing requirements of
this chapter under Section 1001.053 or subject to Section
1001.407;
(ii) has a total floor area of not more than 5,000 square feet;
and
(iii) does not contain a clear span between supporting
structures greater than 24 feet on the narrow side.
(b) If a structure described by Subsections (a)(2)(F)(i) and
(ii) contains unsupported spans greater than 24 feet, only the
trusses, beams, or other roof supporting members must be
engineered or pre-engineered.
(c) The exemption provided by this section does not apply to a
person or entity that is:
(1) providing engineering design or inspection services
necessary to comply with windstorm certification standards for a
residential dwelling under Subchapter F, Chapter 2210, Insurance
Code; or
(2) providing engineering design relating to constructing,
enlarging, altering, or repairing, or drawing plans or
specifications for, a residential dwelling slab located on
expansive soil that meets the expansive soil classification
provisions of the International Residential Code as applied in
the jurisdiction in which the residential dwelling is located,
unless the construction, enlargement, alteration, repair, or
drawing of plans or specifications meets the International
Residential Code requirements as applied in the jurisdiction in
which the residential dwelling is located.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1142, Sec. 1, eff. June 19, 2009.
Sec. 1001.057. EMPLOYEE OF PRIVATE CORPORATION OR BUSINESS
ENTITY. (a) This chapter shall not be construed to apply to the
activities of a private corporation or other business entity, or
the activities of the full-time employees or other personnel
under the direct supervision and control of the business entity,
on or in connection with:
(1) reasonable modifications to existing buildings, facilities,
or other fixtures to real property not accessible to the general
public and which are owned, leased, or otherwise occupied by the
entity; or
(2) activities related only to the research, development,
design, fabrication, production, assembly, integration, or
service of products manufactured by the entity.
(b) A person who claims an exemption under this section and who
is determined to have directly or indirectly represented the
person as legally qualified to engage in the practice of
engineering or who is determined to have violated Section
1001.301 may not claim an exemption until the 10th anniversary of
the date the person made that representation.
(c) This exemption does not prohibit:
(1) a licensed professional engineer who intends to incorporate
manufactured products into a fixed work, system, or facility that
is being designed by the licensee on public property or the
property of others from requiring the manufacturer to have plans
or specifications signed and sealed by a licensed professional
engineer; or
(2) the board from requiring, by rule, that certain manufactured
products delivered to or used by the public must be designed and
sealed by a licensed professional engineer, if necessary to
protect the public health, safety, and welfare.
(d) For purposes of this section, "products manufactured by the
entity" also includes computer software, firmware, hardware,
semiconductor devices, and the production, exploration, and
transportation of oil and gas and related products.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 3, eff.
Sept. 1, 2003.
Sec. 1001.058. EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES. (a)
A regular full-time employee of a privately owned public utility
or cooperative utility or of the utility's affiliate is exempt
from the licensing requirements of this chapter if the employee:
(1) performs services exclusively for the utility or affiliate;
and
(2) does not have the final authority to approve, or the
ultimate responsibility for, engineering designs, plans, or
specifications that are to be:
(A) incorporated into fixed works, systems, or facilities on the
property of others; or
(B) made available to the public.
(b) A person who claims an exemption under this section and who
is determined to have directly or indirectly represented the
person as legally qualified to engage in the practice of
engineering or who is determined to have violated Section
1001.301 may not claim an exemption until the 10th anniversary of
the date the person made that representation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 4, eff.
Sept. 1, 2003.
Sec. 1001.059. QUALIFIED SCIENTISTS. A qualified scientist
engaged in scientific research and investigation of the physical
or natural sciences is exempt from the licensing requirements of
this chapter. This exemption includes the usual work and
activities of a meteorologist, seismologist, geologist, chemist,
geochemist, physicist, or geophysicist.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.060. SOIL AND WATER CONSERVATION. Agricultural work
performed in carrying out soil and water conservation practices
is exempt from this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.061. TELEPHONE COMPANIES. (a) An operating telephone
company, an affiliate of the company, or an employee of the
company or affiliate is exempt from this chapter with respect to
any plan, design, specification, or service that relates strictly
to the science and art of telephony.
(b) This exemption includes the use of a job title or personnel
classification by a person included under Subsection (a) if the
person does not use:
(1) the title or classification in connection with an offer to
the public to perform engineering services; and
(2) a name, title, or word that tends to convey the impression
that a person not licensed under this chapter is offering to the
public to perform engineering services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.062. CERTAIN EMPLOYEES WORKING FROM ENGINEER'S PLANS.
(a) A regular full-time employee of a private business entity
who is engaged in erecting, constructing, enlarging, altering,
repairing, rehabilitating, or maintaining an improvement to real
property in accordance with plans or specifications that have an
engineer's seal is exempt from this chapter.
(b) This exemption includes the use of a job title or personnel
classification by the employee if the employee does not use the
title or classification in connection with an offer to the public
to perform engineering services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.063. ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR
DESIGNERS. This chapter or a rule adopted under this chapter
does not prevent or otherwise restrict a person licensed as an
architect under Chapter 1051, a landscape architect under Chapter
1052, or an interior designer under Chapter 1053 from performing
an act, service, or work that is within the definition of the
person's practice under those chapters.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.064. STATE LAND SURVEYORS. A licensed state land
surveyor is exempt from this chapter in performing a state land
surveyor's duties.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.065. EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.
(a) In this section, "institution of higher education" and
"private or independent institution of higher education" have the
meanings assigned by Section 61.003, Education Code.
(b) An employee of an institution of higher education or a
private or independent institution of higher education who is
performing research or instructional work within the scope of the
person's employment by the institution is exempt from the
licensing requirements of this chapter.
Acts 2003, 78th Leg., ch. 1276, Sec. 14A.002(a), eff. Sept. 1,
2003.
Sec. 1001.066. CERTAIN NASA-RELATED ACTIVITIES. This chapter
does not:
(1) apply to a business entity or the business entity's
employees to the extent that the entity's products or services
consist of space vehicles or space services provided to, or space
technology transfer programs required by, the National
Aeronautics and Space Administration; or
(2) prohibit the use of the term "engineer" or "engineering" in
a job title or personnel classification by an employee described
by Subdivision (1) to the extent that the use of the title or
classification is related to activities described by that
subdivision.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 5, eff. Sept. 1,
2003.
Sec. 1001.067. CERTAIN FIRE DEPARTMENT EMPLOYEES. This chapter
does not prohibit the professional use of the term "fire
engineer" by a member of a fire department in a municipality with
a population of one million or more that has adopted Chapter 143,
Local Government Code, and to which Subchapter G of that chapter
does not generally apply, who:
(1) holds the position of fire apparatus operator; and
(2) is not otherwise engaged in the practice of engineering.
Added by Acts 2009, 81st Leg., R.S., Ch.
1142, Sec. 2, eff. June 19, 2009.
SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS
Sec. 1001.101. BOARD MEMBERSHIP. (a) The Texas Board of
Professional Engineers consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) six engineers; and
(2) three members who represent the public.
(b) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 6, eff.
Sept. 1, 2003.
Sec. 1001.102. MEMBER ELIGIBILITY. (a) A person may not be a
public member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of engineering;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
(b) An engineer member of the board must:
(1) be a citizen of the United States and a resident of this
state for at least 10 years before the date of appointment; and
(2) have been engaged in the practice of engineering for at
least 10 years before the date of appointment.
(c) For purposes of Subsection (b)(2), a person who has
graduated from an approved engineering school may be considered
to have engaged in the practice of engineering for two years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 7, eff.
Sept. 1, 2003.
Sec. 1001.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(a-1) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of engineering; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
engineering.
(b) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 8, eff.
Sept. 1, 2003.
Sec. 1001.104. TERMS; VACANCY. (a) Board members serve
staggered six-year terms, with the terms of one-third of the
members expiring each odd-numbered year.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a replacement to fill the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.105. PARTICIPATION OF PUBLIC MEMBERS. (a) The board
by majority vote may limit the participation of public members in
evaluating license applications.
(b) This section does not apply to the evaluation of license
applications at an official meeting of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.106. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 1001.101 and 1001.102;
(2) does not maintain during service on the board the
qualifications required by Sections 1001.101 and 1001.102;
(3) is ineligible for membership under Section 1001.102 or
1001.103;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 9, eff.
Sept. 1, 2003.
Sec. 1001.107. PER DIEM. A board member is entitled to receive
a per diem as set by the General Appropriations Act for each day
that the member engages in the business of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
837, Sec. 1, eff. September 1, 2007.
Sec. 1001.108. OFFICERS. The governor shall designate a member
of the board as the presiding officer of the board to serve in
that capacity at the will of the governor. The board shall elect
annually from its members an assistant presiding officer, a
treasurer, and a secretary.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 10, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
837, Sec. 2, eff. September 1, 2007.
Sec. 1001.110. MEETINGS. The board shall hold at least two
regular meetings each year. Special meetings shall be held at the
time provided by the board's bylaws.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.111. FILING OF OATH. Before assuming the duties of
office, each board member shall file with the secretary of state
a copy of the constitutional oath of office taken by the member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.112. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 11, eff. Sept. 1,
2003.
SUBCHAPTER D. BOARD PERSONNEL
Sec. 1001.151. PERSONNEL. (a) The board shall employ clerical
or other assistants as necessary to perform the board's work.
(b) A salary paid under this section may not exceed the salary
paid for similar work in other departments.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.152. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency posting of each nonentry level position
with the board at least 10 days before the date of any public
posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations of the
board's employees based on measurable job tasks. All merit pay
authorized by the executive director must be based on the system
established under this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.153. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1,
2003.
Sec. 1001.154. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1,
2003.
Sec. 1001.155. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure
that all personnel decisions are made without regard to race,
color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
board's personnel is in accordance with state and federal law and
a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the Commission on Human Rights for compliance
with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1,
2003.
SUBCHAPTER E. BOARD POWERS AND DUTIES
Sec. 1001.201. GENERAL POWERS AND DUTIES. (a) The board shall
administer and enforce this chapter.
(b) The board may spend money for any purpose the board
considers reasonably necessary for the proper performance of its
duties under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.202. RULES. The board may adopt and enforce any rule
or bylaw necessary to perform its duties, govern its proceedings,
and regulate the practice of engineering.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.203. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board by rule shall prescribe standards for
compliance with Subchapter A, Chapter 2254, Government Code.
(b) Except as provided by Subsection (a), the board may not
adopt rules restricting advertising or competitive bidding by a
license holder except to prohibit false, misleading, or deceptive
practices.
(c) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal appearance
or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
license holder; or
(4) restricts the license holder's advertisement under a trade
name.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 13, eff.
Sept. 1, 2003.
Sec. 1001.2035. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The board shall adopt rules and guidelines as necessary to comply
with Chapter 53.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 14, eff. Sept. 1,
2003.
Sec. 1001.204. FEES. (a) The board shall establish the
following fees in amounts reasonable and necessary to cover the
costs of administering this chapter:
(1) license fee;
(2) annual and late renewal fees;
(3) reciprocal license fee;
(4) duplicate license fee;
(5) engineer-in-training certificate fee;
(6) roster of engineers fee;
(7) examination fee;
(8) registration fee for engineering firm; and
(9) inactive status fee.
(b) Fee revenue may not exceed the amount reasonable and
necessary to administer this chapter.
(c) General revenue of the state may not be used to pay the
costs of administering this chapter in an amount that exceeds the
amount of fees received under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 15, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
259, Sec. 2, eff. September 1, 2005.
Sec. 1001.205. REDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS.
(a) For purposes of this section, a person is disabled if the
person has a mental or physical impairment that substantially
limits the ability of the person to earn a living as an engineer,
other than an impairment caused by a current addiction to the use
of alcohol or an illegal drug or controlled substance.
(b) The board by rule may adopt reduced license fees and annual
renewal fees for engineers who are:
(1) at least 65 years of age; or
(2) disabled and not actively engaged in the practice of
engineering.
(c) A person entitled to reduced fees under Subsection (b)(2)
shall notify the board that the person has resumed the active
practice of engineering not later than the 15th day after the
date the person resumes active practice.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.206. FEE INCREASE. (a) The fee for a license under
this chapter, for the annual renewal of that license, and for a
reciprocal license under this chapter is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited in
the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c) The fee increase imposed by Subsection (a) does not apply to
an engineer who:
(1) meets the qualifications for an exemption under Section
1001.057 or 1001.058 but does not claim that exemption;
(2) is disabled as described by Section 1001.205;
(3) is on inactive status as provided by Section 1001.355; or
(4) is 65 years of age or older.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 16, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
837, Sec. 3, eff. September 1, 2007.
Sec. 1001.207. STANDARDS OF CONDUCT AND ETHICS. The board may
establish standards of conduct and ethics for engineers in
keeping with the purposes and intent of this chapter and to
ensure strict compliance with and enforcement of this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.208. ROSTER OF ENGINEERS. (a) The board shall
prepare and publish a roster of persons, including business
entities, licensed, registered, certified, or enrolled by the
board. The roster shall include the name, business address, and
other identifying information required by board rule.
(b) The board shall make the roster available to the public
without cost in an online computer database format.
(c) The board shall provide a physical copy of the roster on
request and may charge a reproduction and shipping fee for
providing a physical copy of the roster.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.209. REGISTER OF APPLICANTS. The board shall maintain
a register of license applications that shows:
(1) the name, age, and residence of each applicant;
(2) the date of the application;
(3) the applicant's place of business;
(4) the applicant's educational and other qualifications;
(5) whether an examination was required;
(6) whether the applicant was issued or denied a license;
(7) the date of board action; and
(8) any other information the board considers necessary.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.210. CONTINUING EDUCATION PROGRAMS. (a) The board
shall recognize, prepare, or administer continuing education
programs for its license holders. A license holder must
participate in the programs to the extent required by the board
to keep the person's license.
(b) The board may not require a license holder to obtain more
than 15 hours of continuing education annually. The board shall
permit a license holder to certify at the time the license is
renewed that the license holder has complied with the board's
continuing education requirements.
(c) The board shall permit a license holder to receive
continuing education credit for educational, technical, ethical,
or professional management activities related to the practice of
engineering, including:
(1) successfully completing or auditing a course sponsored by an
institution of higher education;
(2) successfully completing a course certified by a professional
or trade organization;
(3) attending a seminar, tutorial, short course, correspondence
course, videotaped course, or televised course;
(4) participating in an in-house course sponsored by a
corporation or other business entity;
(5) teaching a course described by Subdivisions (1)-(4);
(6) publishing an article, paper, or book on the practice of
engineering;
(7) making or attending a presentation at a meeting of a
technical or engineering management society or organization or
writing a paper presented at such a meeting;
(8) participating in the activities of a professional society or
association, including serving on a committee of the
organization; and
(9) engaging in self-directed study.
(d) A license holder may not receive more than five continuing
education credit hours annually for engaging in self-directed
study.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 17, eff.
Sept. 1, 2003.
Sec. 1001.211. RECORDS. (a) The board shall maintain a record
of its proceedings.
(b) The board's records shall be available to the public at all
times.
(c) The board's records are prima facie evidence of the
proceedings of the board set forth in the records. A transcript
of the records certified by the secretary of the board under seal
is admissible in evidence with the same effect as if it were the
original.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.212. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO
LICENSE APPLICATION. (a) A statement made by a person providing
a reference for an applicant and other pertinent information
compiled by or submitted to the board relating to an applicant
for a license under this chapter is privileged and confidential.
(b) Information described by Subsection (a) may be used only by
the board or its employees or agents who are directly involved in
the application or licensing process. The information is not
subject to discovery, subpoena, or other disclosure.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.213. SUBPOENA. (a) The board may request and, if
necessary, compel by subpoena:
(1) the attendance of a witness for examination under oath; and
(2) the production for inspection or copying of records,
documents, and other evidence relevant to the investigation of an
alleged violation of this chapter.
(b) The board, acting through the attorney general, may bring an
action to enforce a subpoena issued under Subsection (a) against
a person who fails to comply with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) the county in which the board may hold a hearing.
(d) The court shall order compliance with the subpoena if the
court finds that good cause exists to issue the subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1001.214. TECHNOLOGY POLICY. The board shall develop and
implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its
functions. The technological solutions must:
(1) ensure that the public is able to find information about the
board on the Internet;
(2) ensure that persons who want to use the board's services are
able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the board's planning
processes.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1,
2003.
Sec. 1001.215. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1,
2003.
Sec. 1001.216. JOINT ADVISORY COMMITTEE ON THE PRACTICE OF
ENGINEERING AND ARCHITECTURE. (a) The Joint Advisory Committee
on the Practice of Engineering and Architecture is an advisory
committee to the board and to the Texas Board of Architectural
Examiners. The advisory committee consists of:
(1) three members of the board and one practicing architectural
engineer appointed by the board; and
(2) three members of the Texas Board of Architectural Examiners
and one practicing architect appointed by that board.
(b) Members of the advisory committee serve staggered six-year
terms with the terms of one or two members appointed by the board
and one or two members appointed by the Texas Board of
Architectural Examiners expiring each odd-numbered year.
(c) The advisory committee shall meet at least twice a year.
(d) The advisory committee shall work to resolve issues that
result from the overlap between activities that constitute the
practice of engineering and those that constitute the practice of
architecture. The advisory committee shall assist each agency in
protecting the public rather than advancing the interests of
either agency or the profession it regulates.
(e) The advisory committee shall issue advisory opinions to the
board and to the Texas Board of Architectural Examiners on
matters relating to the practice of engineering and the practice
of architecture, including:
(1) opinions on whether certain activities constitute the
practice of engineering or the practice of architecture;
(2) specific disciplinary proceedings initiated by either
agency; and
(3) the need for persons working on particular projects to be
licensed by the board or registered by the Texas Board of
Architectural Examiners.
(f) If the advisory committee issues an advisory opinion to the
board or the Texas Board of Architectural Examiners on a matter,
that agency shall notify the committee of the final action taken
with regard to the matter. The advisory committee shall consider
the action taken by the agency on the matter in any advisory
opinion subsequently issued by the committee on a related matter.
(g) The board and the Texas Board of Architectural Examiners
shall enter into a memorandum of understanding regarding the
advisory committee that includes the composition and purpose of
the committee.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1,
2003.
SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 1001.251. CONSUMER INTEREST INFORMATION. (a) The board
shall prepare information of consumer interest describing the
regulatory functions of the board and the procedures by which
consumer complaints are filed with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
(c) The board shall maintain on the board's Internet website:
(1) information regarding the procedure for filing a complaint
with the board; and
(2) a form that a person may use to file a complaint with the
board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 19, eff.
Sept. 1, 2003.
Sec. 1001.252. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt rules that permit
the board to receive and investigate a confidential complaint
against a license holder or other person who may have violated
this chapter. The board shall maintain the confidentiality of the
complaint during the investigation.
(b) The board by rule shall specify:
(1) the manner by which a person may contact the board for
assistance in filing a complaint;
(2) the place at which a complaint must be filed;
(3) the proper form of a complaint; and
(4) the information that must be included in a complaint.
(c) The board's procedures must permit a member of the public
who desires to file a complaint to:
(1) speak to an investigator on the staff of the board if the
person desires to do so; or
(2) easily and conveniently access the board's complaint process
without being required to speak to an investigator on the staff
of the board if the person does not desire to speak to an
investigator.
(d) The board shall consider any written grievance against a
license holder or other person filed with the board as a
complaint.
(e) A complaint must include information sufficient for the
board to determine whether it has the authority to resolve the
complaint. A complaint that contains sufficient information for
the board to commence an investigation is not required to include
all of the information necessary for the board to determine the
validity of the complaint.
(f) On receipt of a complaint, the board shall determine whether
the board has the authority to resolve the complaint. If the
board does not have the authority to resolve the complaint, the
board shall dismiss the complaint. If the board has the authority
to resolve the complaint, the board shall initiate a disciplinary
proceeding against the person who is the subject of the
complaint.
(g) The board by rule shall prescribe a method for prioritizing
complaints for purposes of complaint investigation. In
establishing priorities:
(1) a complaint that alleges an action that could potentially
harm the public takes precedence over a complaint that does not
allege an action that could potentially harm the public; and
(2) with regard to complaints that do not allege an action that
could potentially harm the public, a complaint filed by a member
of the public takes precedence over a complaint filed by the
staff of the board.
(h) The board's staff is responsible for conducting all phases
of complaint investigation, including gathering evidence
necessary to determine the validity of the complaint.
(i) The board may employ or contract with advisors, consultants,
engineers, or other persons to provide technical assistance in
investigations and disciplinary proceedings. Except for an action
involving fraud, conspiracy, or malice, a person whose services
are obtained by the board under this subsection is immune from
civil liability and may not be subjected to a suit for damages
for any investigation, report, recommendation, statement,
evaluation, finding made, or other action taken in the course of
performing the person's official duties.
(j) The board's staff shall regularly report to the board on
each complaint dismissed by board staff, including:
(1) the name of the complainant;
(2) the name of the person who is the subject of the complaint;
(3) the basis of the complaint; and
(4) the reason for the dismissal of the complaint.
(k) Except as provided by Subsection (l), a complaint filed with
the board is public information.
(l) For any complaint determined to be frivolous or without
merit, the complaint and other enforcement case information
related to that complaint are confidential. The information may
be used only by the board or by its employees or agents directly
involved in the enforcement process for that complaint. The
information is not subject to discovery, subpoena, or other
disclosure.
(m) In this section, "frivolous complaint" means a complaint
that the executive director and investigator, with board
approval, determined:
(1) was made for the purpose of harassment; and
(2) does not demonstrate harm to any person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
259, Sec. 3, eff. September 1, 2005.
Sec. 1001.253. COMPLAINT INFORMATION. (a) The board shall:
(1) assign a number to each complaint filed with the board; and
(2) ensure that each phase of the processing of a complaint is
appropriately documented.
(b) The board shall maintain a file on each written complaint
filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(c) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
(d) The board, at least quarterly and until final disposition of
the complaint, shall notify the parties to the complaint of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff.
Sept. 1, 2003.
Sec. 1001.254. STATISTICAL ANALYSIS OF COMPLAINTS. (a) The
board shall develop and maintain a complaint tracking system to
monitor the processing of complaints filed with the board.
(b) The board shall include with the board's annual financial
report under Section 2101.011, Government Code, a statistical
analysis of the complaints filed with the board during the
preceding year, including:
(1) the number of complaints filed;
(2) a categorization of complaints filed according to the basis
of the complaint and the number of complaints in each category;
(3) the number of complaints filed by board staff;
(4) the number of complaints filed by persons other than board
staff;
(5) the average length of time required to resolve a complaint;
(6) the number of complaints resolved and the manner in which
they were resolved, including:
(A) the number of complaints dismissed and the reasons for
dismissal; and
(B) the number of complaints resulting in disciplinary action,
the disciplinary action taken, and whether the disciplinary
action taken was imposed by stipulation, agreed settlement,
consent order, default, or order following a contested case
hearing; and
(7) the number of complaints filed that are unresolved, the
number of those complaints filed by board staff, the number of
those complaints filed by persons other than board staff, and the
average length of time that the unresolved complaints have been
on file.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, eff. Sept. 1,
2003.
Sec. 1001.255. PUBLIC PARTICIPATION. The board shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, eff. Sept. 1,
2003.
SUBCHAPTER G. LICENSE REQUIREMENTS
Sec. 1001.301. LICENSE REQUIRED. (a) A person may not engage
in the practice of engineering unless the person holds a license
issued under this chapter.
(b) Except as provided by Subsection (f), a person may not,
unless the person holds a license issued under this chapter,
directly or indirectly use or cause to be used as a professional,
business, or commercial identification, title, name,
representation, claim, asset, or means of advantage or benefit
any of, or a variation or abbreviation of, the following terms:
(1) "engineer";
(2) "professional engineer";
(3) "licensed engineer";
(4) "registered engineer";
(5) "registered professional engineer";
(6) "licensed professional engineer"; or
(7) "engineered."
(c) Except as provided by Subsection (f), a person may not
directly or indirectly use or cause to be used an abbreviation,
word, symbol, slogan, or sign that tends or is likely to create
an impression with the public that the person is qualified or
authorized to engage in the practice of engineering unless the
person holds a license and is practicing under this chapter.
(d) A person may not receive any fee or compensation or the
promise of any fee or compensation for engaging in the practice
of engineering unless the person holds a license issued under
this chapter.
(e) A person, sole proprietorship, firm, partnership,
association, or corporation that engages in or offers or attempts
to engage in conduct described by this section is conclusively
presumed to be engaged in the practice of engineering.
(f) Notwithstanding the other provisions of this chapter, a
regular employee of a business entity who is engaged in
engineering activities but is exempt from the licensing
requirements of this chapter under Sections 1001.057 or 1001.058
is not prohibited from using the term "engineer" on a business
card, cover letter, or other form of correspondence that is made
available to the public if the person does not:
(1) offer to the public to perform engineering services; or
(2) use the title in any context outside the scope of the
exemption in a manner that represents an ability or willingness
to perform engineering services or make an engineering judgment
requiring a licensed professional engineer.
(g) Subsection (f) does not authorize a person to use a term
listed in Subsections (b)(2)-(6) or a variation or abbreviation
of one of those terms.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 22, eff.
Sept. 1, 2003.
Sec. 1001.302. LICENSE ELIGIBILITY REQUIREMENTS. (a) An
applicant for a license under this chapter must submit evidence
satisfactory to the board showing at least that the applicant
has:
(1) graduated from:
(A) an engineering curriculum approved by the board as having
satisfactory standing; or
(B) an engineering or related science curriculum at a recognized
institution of higher education, other than a curriculum approved
by the board under Paragraph (A);
(2) passed the examination requirements prescribed by the board;
and
(3) engaged in the active practice of engineering for at least:
(A) four years, if the applicant graduated from a curriculum
described by Subdivision (1)(A); or
(B) eight years, if the applicant graduated from a curriculum
described by Subdivision (1)(B).
(b) To satisfy the requirement of Subsection (a)(3), an
applicant must submit a specific record showing engineering work
of a character satisfactory to the board indicating that the
applicant is competent to be placed in responsible charge of that
work.
(c) For purposes of determining an applicant's qualifications
under Subsection (a)(3), the board may not consider as active
practice in engineering work:
(1) engineering teaching;
(2) the mere execution, as a contractor, of work designed by an
engineer; or
(3) the supervision, as a foreman or superintendent, of the
construction of work designed by an engineer.
(d) A person is not eligible to be licensed as an engineer
unless the person is of good character and reputation.
(e) A person who has the necessary license qualifications
described by this chapter is eligible for the license regardless
of whether the person is practicing at the time the person
applies for the license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.003(a),
eff. Sept. 1, 2003.
Sec. 1001.303. APPLICATION FOR LICENSE. (a) An applicant for a
license under this chapter must submit an application on a form
prescribed and provided by the board.
(b) The application must contain:
(1) personal information about the applicant, as required by
board rule;
(2) a description of the applicant's education;
(3) a detailed summary of the applicant's actual engineering
work;
(4) a description of any engineering license or registration
previously issued to the applicant and any denial, revocation, or
suspension of an engineering license or registration held by the
applicant;
(5) a description of any criminal offense of which the applicant
has been convicted; and
(6) at least three references from engineers having personal
knowledge of the applicant's character, reputation, general
suitability for a license, and engineering experience.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 23, eff.
Sept. 1, 2003.
Sec. 1001.304. EXAMINATION. (a) The board shall administer
examinations to determine the qualifications of applicants for a
license.
(b) The board shall prescribe the scope of the examination and
the methods of procedure with special reference to an applicant's
ability to design and supervise engineering works to ensure the
safety of life, health, and property.
(c) On payment of the examination fee, the board shall
administer an oral or written examination to a qualified
appli