OCCUPATIONS CODE TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING, AND RELATED PRACTICES

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1 OCCUPATIONS CODE TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING, AND RELATED PRACTICES SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES CHAPTER ENGINEERS SUBCHAPTER A. GENERAL PROVISIONS Sec.A AASHORT TITLE. This chapter may be cited as The Texas Engineering Practice Act. Sec.A AADEFINITIONS. In this chapter: (1)AA"Board" means the Texas Board of Professional Engineers. (2)AA"Engineer" means a person licensed to engage in the practice of engineering in this state. Sec.A AAPRACTICE OF ENGINEERING. (a) In this section: (1)AA"Design codination" includes the review codination of technical submissions prepared by others, including the wk of other professionals wking with under the direction of an engineer with professional regard f the ability of each professional involved in a multidisciplinary efft. (2)AA"Engineering survey" includes any survey activity required to suppt the sound conception, planning, design, construction, maintenance, operation of an engineered project. The term does not include the surveying of real property other activity regulated under Chapter (b)aain this chapter, "practice of engineering" means the perfmance of an offer attempt to perfm any public private service creative wk, the adequate perfmance of which requires engineering education, training, experience in applying special knowledge judgment of the mathematical, physical, engineering sciences to that service creative wk. 1

2 (c)aathe practice of engineering includes: (1)AAconsultation, investigation, evaluation, analysis, planning, engineering f program management, providing an expert engineering opinion testimony, engineering f testing evaluating materials f construction other engineering use, mapping; (2)AAdesign, conceptual design, conceptual design codination of engineering wks systems; (3)AAdevelopment optimization of plans specifications f engineering wks systems; (4)AAplanning the use alteration of l water the design analysis of wks systems f the use alteration of l water; (5)AAresponsible charge of engineering teaching the teaching of engineering; (6)AAperfming an engineering survey study; (7)AAengineering f construction, alteration, repair of real property; (8)AAengineering f preparation of an operating maintenance manual; (9)AAengineering f review of the construction installation of engineered wks to monit compliance with drawings specifications; (10)AAa service, design, analysis, other wk perfmed f a public private entity in connection with a utility, structure, building, machine, equipment, process, system, wk, project, industrial consumer product equipment of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, thermal nature; (11)AAproviding an engineering opinion analysis related to a certificate of merit under Chapter 150, Civil Practice Remedies Code; (12)AAany other professional service necessary f the planning, progress, completion of an engineering service. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.001(a), eff. Sept. 1, 2

3 Amended by: Acts 2005, 79th Leg., Ch. 259 (H.B. 1817), Sec. 1, eff. September 1, Sec AAPRACTICES OF ENGINEERING AND ARCHITECTURE. (a) Except as provided by Subsection (d) (e), the practice of engineering does not include, engineers may not engage in offer to engage in, the practice of architecture as defined by Sections (7)(A), (B), (C), as that definition existed on April 1, 2011, by Section (a). (b)aaan engineer may not prepare provide a complete, comprehensive set of building plans f a building designed f human use occupancy unless: (1)AAthe plans specifications as described by Section (7)(A) (B) are prepared by, under the supervision of, an architect; (2)AAthe building is part of a project described by Section (b) a building described by Section (a)(4); (3)AAthe engineer has received administrative approval by the Texas Board of Architectural Examiners to practice architecture under Section (c)aaan engineer is responsible f the engineering plans specifications of a building unless the wk is exempt under Section AAIn this section, the term "engineering plans specifications" means: (1)AAplans f a structural, mechanical, electrical, electronic, fire suppression, geotechnical system in a building; (2)AAspecifications of structural elements connections of a building; (3)AAfoundation design; (4)AAhydrologic management calculations design of surface water control detention necessary f compliance with dinances regulations; (5)AAdesign of building drain waste system plumbing, fresh water plumbing, graywater systems, mechanical aspects of moving water in out of a structure, other than simple 3

4 roof drainage; (6)AAevaluation of structural framing members befe the addition of roof-mounted equipment a heavier roof covering; (7)AAdesign of changes in roof pitch by the addition of structural framing members; (8)AAevaluation repair of damaged roof structural framing; (9)AAdesign of electrical signal control systems; (10)AAshop drawings by manufacturers fabricats of materials products to be used in the building features designed by the engineer; (11)AAspecifications listing the nature quality of materials products f construction of features of the building elements systems designed by an engineer. (d)aathe preparation of engineering plans specifications f the following tasks is within the scope of practice of both engineering architecture: (1)AAsite plans depicting the location ientation of a building on the site based on: (A)AAa determination of the relationship of the intended use with the environment, topography, vegetation, climate, geographic aspects; (B)AAthe legal aspects of site development, including setback requirements, zoning other legal restrictions, surface drainage; (2)AAthe depiction of the building systems, including structural, mechanical, electrical, plumbing systems, in: (A)AAplan views; (B)AAcross-sections depicting building components from a hypothetical cut line through a building; (C)AAthe design of details of components assemblies, including any part of a building exposed to water infiltration fire-spread considerations; (3)AAlife safety plans sheets, including accessibility ramps related code analyses; (4)AAroof plans details depicting the design of 4

5 roof system materials, components, drainage, slopes, directions location of roof accessies equipment not involving structural engineering calculations. (e)aathe following activities may be perfmed by either an engineer an architect: (1)AAprogramming f construction projects, including: (A)AAidentification of economic, legal, natural constraints; (B)AAdetermination of the scope of functional elements; (2)AArecommending overseeing appropriate construction project delivery systems; (3)AAconsulting with regard to, investigating, analyzing the design, fm, materials, construction technology used f the construction, enlargement, alteration of a building its environment; (4)AAproviding expert opinion testimony with respect to issues within the responsibility of the engineer architect. Added by Acts 2011, 82nd Leg., R.S., Ch (H.B. 2284), Sec. 1, eff. September 1, Sec.A AALEGISLATIVE PURPOSE AND INTENT; LIBERAL CONSTRUCTION OF CHAPTER. (a) The legislature recognizes the vital impact that the rapid advance of knowledge of the mathematical, physical, engineering sciences as applied in the practice of engineering has on the lives, property, economy, security of state residents the national defense. (b)aathe purpose of this chapter is to: (1)AAprotect the public health, safety, welfare; (2)AAenable the state the public to identify persons authized to practice engineering in this state; (3)AAfix responsibility f wk done services acts perfmed in the practice of engineering. (c)aathe legislature intends that: (1)AAthe privilege of practicing engineering be entrusted only to a person licensed practicing under this 5

6 chapter; (2)AAonly a person licensed under this chapter may: (A)AAengage in the practice of engineering; (B)AAbe represented in any way as any kind of "engineer"; (C)AAmake any professional use of the term "engineer"; (3)AAthis chapter be strictly complied with enfced. (d)aathis chapter shall be liberally construed to carry out the intent of the legislature. (e)aathis chapter does not: (1)AAprevent a person from identifying the person in the name trade of any engineers lab ganization with which the person is affiliated; (2)AAprohibit otherwise restrict a person from giving testimony preparing an exhibit document f the sole purpose of being placed in evidence befe an administrative judicial tribunal, subject to the board s disciplinary powers under Subchapter J regarding negligence, incompetency, misconduct in the practice of engineering; (3)AArepeal amend a law affecting regulating a licensed state l survey; (4)AAaffect prevent the practice of any other legally recognized profession by a member of the profession who is licensed by the state under the state s authity. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 1, eff. Sept. 1, Sec AAAPPLICATION OF SUNSET ACT.AAThe Texas Board of Professional Engineers is subject to Chapter 325, Government Code (Texas Sunset Act).AAUnless continued in existence as provided by that chapter, the board is abolished this chapter expires September 1, Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 6

7 Amended by: Acts 2011, 82nd Leg., R.S., Ch (S.B. 652), Sec. 1.05, eff. June 17, Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 1, eff. September 1, SUBCHAPTER B. EXEMPTIONS Sec.A AALIMITATION ON EXEMPTION. An exemption under this subchapter applies only to a person who does not offer to the public to perfm engineering services. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff. Sept. 1, Sec.A AAEMPLOYEE OF LICENSE HOLDER. A person who is an employee subdinate of an engineer is exempt from the licensing requirements of this chapter if the person s practice does not include responsible charge of design supervision. Sec.A AAPUBLIC WORKS. The following wk is exempt from this chapter: (1)AAa public wk that involves electrical mechanical engineering, if the contemplated expense f the completed project is $8,000 less; (2)AAa public wk that does not involve electrical mechanical engineering, if the contemplated expense f the completed project is $20,000 less; (3)AAroad maintenance improvement undertaken by the commissioners court of a county. Amended by Acts 2003, 78th Leg., ch. 273, Sec. 1, eff. June 18, Sec.A AAFEDERAL OFFICER OR EMPLOYEE. An officer 7

8 employee of the United States is exempt from the licensing requirements of this chapter during the time the officer employee is engaged in the practice of engineering f the United States in this state. Sec.A AAMECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT. (a) A person is exempt from the licensing requirements of this chapter if the person is installing, operating, repairing, servicing a locomotive stationary engine, steam boiler, diesel engine, internal combustion engine, refrigeration compress system, hoisting engine, electrical engine, air conditioning equipment system, mechanical, electrical, electronic, communications equipment apparatus. (b)aathis exemption does not permit a person to: (1)AAsign an engineering plan specification if the person is not an engineer; (2)AAuse the term "engineer" "engineering" in any manner prohibited by this chapter. Sec.A AACONSTRUCTION OR REPAIR OF AND PLANS FOR CERTAIN BUILDINGS. (a) A person, sole proprietship, firm, partnership, joint stock association, private cpation is exempt from the licensing requirements of this chapter if: (1)AAa representation that engineering services have been will be offered to the public is not made implied; (2)AAthe person entity is erecting, constructing, enlarging, altering, repairing is drawing plans specifications f: (A)AAa private dwelling; (B)AAapartments not exceeding eight units f each building in the case of one-sty buildings; (C)AAapartments not exceeding four units f each building having a maximum height of two sties; (D)AAa garage other structure pertinent to a building described by Paragraph (A), (B), (C); 8

9 (E)AAa private building to be used exclusively f: (i)aafarm, ranch, agricultural purposes; (ii)aastage of raw agricultural commodities; (F)AAa building having no me than one sty that: (i)aais not a building exempt from the licensing requirements of this chapter under Section subject to Section ; (ii)aahas a total flo area of not me than 5,000 square feet; (iii)aadoes not contain a clear span between suppting structures greater than 24 feet on the narrow side. (b)aaif a structure described by Subsections (a)(2)(f)(i) (ii) contains unsuppted spans greater than 24 feet, only the trusses, beams, other roof suppting members must be engineered pre-engineered. (c)aathe exemption provided by this section does not apply to a person entity that is: (1)AAproviding engineering design inspection services necessary to comply with windstm certification stards f a residential dwelling under Subchapter F, Chapter 2210, Insurance Code; (2)AAproviding engineering design relating to constructing, enlarging, altering, repairing, drawing plans specifications f, 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, drawing of plans specifications meets the International Residential Code requirements as applied in the jurisdiction in which the residential dwelling is located. Amended by: 9

10 Acts 2009, 81st Leg., R.S., Ch (H.B. 2649), Sec. 1, eff. June 19, Sec.A AAEMPLOYEE OF PRIVATE CORPORATION OR BUSINESS ENTITY. (a) This chapter shall not be construed to apply to the activities of a private cpation other business entity, the activities of the full-time employees other personnel under the direct supervision control of the business entity, on in connection with: (1)AAreasonable modifications to existing buildings, facilities, other fixtures to real property not accessible to the general public which are owned, leased, otherwise occupied by the entity; (2)AAactivities related only to the research, development, design, fabrication, production, assembly, integration, service of products manufactured by the entity. (b)aaa person who claims an exemption under this section who is determined to have directly indirectly represented the person as legally qualified to engage in the practice of engineering who is determined to have violated Section may not claim an exemption until the 10th anniversary of the date the person made that representation. (c)aathis exemption does not prohibit: (1)AAa licensed professional engineer who intends to incpate manufactured products into a fixed wk, system, facility that is being designed by the licensee on public property the property of others from requiring the manufacturer to have plans specifications signed sealed by a licensed professional engineer; (2)AAthe board from requiring, by rule, that certain manufactured products delivered to used by the public must be designed sealed by a licensed professional engineer, if necessary to protect the public health, safety, welfare. (d)aaf purposes of this section, "products manufactured by the entity" also includes computer software, firmware, hardware, semiconduct devices, the production, explation, transptation of oil gas related products. 10

11 Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 3, eff. Sept. 1, Sec.A AAEMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES. (a) A regular full-time employee of a privately owned public utility cooperative utility of the utility s affiliate is exempt from the licensing requirements of this chapter if the employee: (1)AAperfms services exclusively f the utility affiliate; (2)AAdoes not have the final authity to approve, the ultimate responsibility f, engineering designs, plans, specifications that are to be: (A)AAincpated into fixed wks, systems, facilities on the property of others; (B)AAmade available to the public. (b)aaa person who claims an exemption under this section who is determined to have directly indirectly represented the person as legally qualified to engage in the practice of engineering who is determined to have violated Section may not claim an exemption until the 10th anniversary of the date the person made that representation. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 4, eff. Sept. 1, Sec.A AAQUALIFIED SCIENTISTS. A qualified scientist engaged in scientific research investigation of the physical natural sciences is exempt from the licensing requirements of this chapter. This exemption includes the usual wk activities of a meteologist, seismologist, geologist, chemist, geochemist, physicist, geophysicist. Sec.A AASOIL AND WATER CONSERVATION. Agricultural wk perfmed in carrying out soil water conservation 11

12 practices is exempt from this chapter. Sec.A AATELEPHONE COMPANIES. (a) An operating telephone company, an affiliate of the company, an employee of the company affiliate is exempt from this chapter with respect to any plan, design, specification, service that relates strictly to the science art of telephony. (b)aathis exemption includes the use of a job title personnel classification by a person included under Subsection (a) if the person does not use: (1)AAthe title classification in connection with an offer to the public to perfm engineering services; (2)AAa name, title, wd that tends to convey the impression that a person not licensed under this chapter is offering to the public to perfm engineering services. Sec.A AACERTAIN 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, maintaining an improvement to real property in accdance with plans specifications that have an engineer s seal is exempt from this chapter. (b)aathis exemption includes the use of a job title personnel classification by the employee if the employee does not use the title classification in connection with an offer to the public to perfm engineering services. Sec.A AAARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS. This chapter a rule adopted under this chapter does not prevent otherwise restrict a person licensed as an architect under Chapter 1051, a lscape architect under Chapter 1052, an interi designer under Chapter 1053 from perfming an act, service, wk that is within the definition of the person s practice under those chapters. 12

13 Sec.A AASTATE LAND SURVEYORS. A licensed state l survey is exempt from this chapter in perfming a state l survey s duties. Sec.A AAEMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "institution of higher education" "private independent institution of higher education" have the meanings assigned by Section , Education Code. (b)aaan employee of an institution of higher education a private independent institution of higher education who is perfming research instructional wk 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, Sec.A AACERTAIN NASA-RELATED ACTIVITIES. This chapter does not: (1)AAapply to a business entity the business entity s employees to the extent that the entity s products services consist of space vehicles space services provided to, space technology transfer programs required by, the National Aeronautics Space Administration; (2)AAprohibit the use of the term "engineer" "engineering" in a job title personnel classification by an employee described by Subdivision (1) to the extent that the use of the title classification is related to activities described by that subdivision. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 5, eff. Sept. 1, Sec AACERTAIN 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 me that has adopted Chapter 143, Local Government Code, to which Subchapter G of that chapter 13

14 does not generally apply, who: (1)AAholds the position of fire apparatus operat; (2)AAis not otherwise engaged in the practice of engineering. Added by Acts 2009, 81st Leg., R.S., Ch (H.B. 2649), Sec. 2, eff. June 19, Sec AACERTAIN OUT-OF-STATE ENGINEERS ENGAGED IN EVALUATING OIL AND GAS RESOURCES.A(a) In this section, "evaluation of oil gas resources" includes: (1)AAthe quantification of the volume of oil gas reserves resources in the subsurface of the earth; (2)AAthe determination of production fecasts f the reserves resources; (3)AAthe evaluation of the economic impact of the production fecasts. (b)aathis chapter does not apply to the evaluation of oil gas resources if the evaluation: (1)AAis done by an engineer licensed in a state that does not prohibit engineers licensed under this chapter from engaging in the evaluation of oil gas resources in that state; (2)AAdoes not involve design, construction, engineering assessments on the surface; (3)AAdoes not present a risk to public health safety. Added by Acts 2011, 82nd Leg., R.S., Ch. 161 (H.B. 2067), Sec. 1, eff. May 28, SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS Sec.A AABOARD MEMBERSHIP. (a) The Texas Board of Professional Engineers consists of nine members appointed by the govern with the advice consent of the senate as follows: (1)AAsix engineers; (2)AAthree members who represent the public. (b)aaappointments to the board shall be made without regard to the race, col, disability, sex, religion, age, national igin of the appointee. 14

15 Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 6, eff. Sept. 1, Sec.A AAMEMBER ELIGIBILITY. (a) A person may not be a public member of the board if the person the person s spouse: (1)AAis registered, certified, licensed by a regulaty agency in the field of engineering; (2)AAis employed by participates in the management of a business entity other ganization regulated by receiving money from the board; (3)AAowns controls, directly indirectly, me than a 10 percent interest in a business entity other ganization regulated by receiving money from the board; (4)AAuses receives a substantial amount of tangible goods, services, money from the board other than compensation reimbursement authized by law f board membership, attendance, expenses. (b)aaan engineer member of the board must: (1)AAbe a citizen of the United States a resident of this state f at least 10 years befe the date of appointment; (2)AAhave been engaged in the practice of engineering f at least 10 years befe the date of appointment. (c)aaf 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 f two years. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 7, eff. Sept. 1, Sec.A AAMEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative voluntarily joined statewide association of business professional competits in this state designed to assist its members its industry profession in dealing with mutual business professional problems in promoting their common 15

16 interest. (a-1)aaa person may not be a member of the board may not be a board employee employed in a "bona fide executive, administrative, professional capacity," as that phrase is used f purposes of establishing an exemption to the overtime provisions of the federal Fair Lab Stards Act of 1938 (29 U.S.C. Section 201 et seq.), its subsequent amendments, if: (1)AAthe person is an officer, employee, paid consultant of a Texas trade association in the field of engineering; (2)AAthe person s spouse is an officer, manager, paid consultant of a Texas trade association in the field of engineering. (b)aaa person may not be a member of the board 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 f compensation on behalf of a profession related to the operation of the board. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 8, eff. Sept. 1, Sec.A AATERMS; VACANCY. (a) Board members serve staggered six-year terms, with the terms of one-third of the members expiring each odd-numbered year. (b)aaif a vacancy occurs during a member s term, the govern shall appoint a replacement to fill the unexpired term. Sec.A AAPARTICIPATION OF PUBLIC MEMBERS. (a) The board by majity vote may limit the participation of public members in evaluating license applications. (b)aathis section does not apply to the evaluation of license applications at an official meeting of the board. Sec.A AAGROUNDS FOR REMOVAL. (a) It is a ground f 16

17 removal from the board that a member: (1)AAdoes not have at the time of taking office the qualifications required by Sections ; (2)AAdoes not maintain during service on the board the qualifications required by Sections ; (3)AAis ineligible f membership under Section ; (4)AAcannot, because of illness disability, discharge the member s duties f a substantial part of the member s term; (5)AAis absent from me 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 majity vote of the board. (b)aathe validity of an action of the board is not affected by the fact that it is taken when a ground f removal of a board member exists. (c)aaif the executive direct has knowledge that a potential ground f removal exists, the executive direct shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the govern the attney general that a potential ground f removal exists. If the potential ground f removal involves the presiding officer, the executive direct shall notify the next highest ranking officer of the board, who shall then notify the govern the attney general that a potential ground f removal exists. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 9, eff. Sept. 1, Sec AAPER DIEM. A board member is entitled to receive a per diem as set by the General Appropriations Act f each day that the member engages in the business of the board. Amended by: Acts 2007, 80th Leg., R.S., Ch. 837 (H.B. 899), Sec. 1, eff. September 1,

18 Sec AAOFFICERS. The govern shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the govern.aathe board shall elect annually from its members an assistant presiding officer, a treasurer, a secretary. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 10, eff. Sept. 1, Amended by: Acts 2007, 80th Leg., R.S., Ch. 837 (H.B. 899), Sec. 2, eff. September 1, Sec.A AAMEETINGS. 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. Sec.A AAFILING OF OATH. Befe 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. Sec.A AATRAINING. (a) A person who is appointed to qualifies f office as a member of the board may not vote, deliberate, 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)aathe training program must provide the person with infmation regarding: (1)AAthis chapter; (2)AAthe programs operated by the board; (3)AAthe role functions of the board; (4)AAthe rules of the board, with an emphasis on the rules that relate to disciplinary investigaty authity; (5)AAthe current budget f the board; (6)AAthe results of the most recent fmal audit of the 18

19 board; (7)AAthe requirements of: (A)AAthe open meetings law, Chapter 551, Government Code; (B)AAthe public infmation law, Chapter 552, Government Code; (C)AAthe administrative procedure law, Chapter 2001, Government Code; (D)AAother laws relating to public officials, including conflict-of-interest laws; (8)AAany applicable ethics policies adopted by the board the Texas Ethics Commission. (c)aaa person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, f the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs befe after the person qualifies f office. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 11, eff. Sept. 1, SUBCHAPTER D. BOARD PERSONNEL Sec.A AAPERSONNEL. (a) The board shall employ clerical other assistants as necessary to perfm the board s wk. (b)aaa salary paid under this section may not exceed the salary paid f similar wk in other departments. Sec.A AACAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive direct the executive direct 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 befe the date of any public posting. (b)aathe executive direct the executive direct s designee shall develop a system of annual perfmance evaluations 19

20 of the board s employees based on measurable job tasks. All merit pay authized by the executive direct must be based on the system established under this subsection. Sec.A AADIVISION OF RESPONSIBILITIES. The board shall develop implement policies that clearly separate the policy-making responsibilities of the board the management responsibilities of the executive direct the staff of the board. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1, Sec.A AAQUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive direct the executive direct s designee shall provide to members of the board to board employees, as often as necessary, infmation regarding the requirements f office employment under this chapter, including infmation regarding a person s responsibilities under applicable laws relating to stards of conduct f state officers employees. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1, Sec.A AAEQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive direct the executive direct s designee shall prepare maintain a written policy statement that implements a program of equal employment opptunity to ensure that all personnel decisions are made without regard to race, col, disability, sex, religion, age, national igin. (b)aathe policy statement must include: (1)AApersonnel policies, including policies relating to recruitment, evaluation, selection, training, promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Lab Code; (2)AAan analysis of the extent to which the composition of the board s personnel is in accdance with state federal law 20

21 a description of reasonable methods to achieve compliance with state federal law. (c)aathe policy statement must: (1)AAbe updated annually; (2)AAbe reviewed by the Commission on Human Rights f compliance with Subsection (b)(1); (3)AAbe filed with the govern s office. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1, SUBCHAPTER E. BOARD POWERS AND DUTIES Sec.A AAGENERAL POWERS AND DUTIES. (a) The board shall administer enfce this chapter. (b)aathe board may spend money f any purpose the board considers reasonably necessary f the proper perfmance of its duties under this chapter. Sec.A AARULES. The board may adopt enfce any rule bylaw necessary to perfm its duties, govern its proceedings, regulate the practice of engineering. Sec.A AARULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The board by rule shall prescribe stards f compliance with Subchapter A, Chapter 2254, Government Code. (b)aaexcept as provided by Subsection (a), the board may not adopt rules restricting advertising competitive bidding by a license holder except to prohibit false, misleading, deceptive practices. (c)aain its rules to prohibit false, misleading, deceptive practices, the board may not include a rule that: (1)AArestricts the use of any medium f advertising; (2)AArestricts the use of a license holder s personal appearance voice in an advertisement; 21

22 (3)AArelates to the size duration of an advertisement by the license holder; (4)AArestricts the license holder s advertisement under a trade name. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 13, eff. Sept. 1, Sec.A AARULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The board shall adopt rules guidelines as necessary to comply with Chapter 53. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 14, eff. Sept. 1, Sec.A AAFEES. (a) The board shall establish the following fees in amounts reasonable necessary to cover the costs of administering this chapter: (1)AAlicense fee; (2)AAannual late renewal fees; (3)AAreciprocal license fee; (4)AAduplicate license fee; (5)AAengineer-in-training certificate fee; (6)AAroster of engineers fee; (7)AAexamination fee; (8)AAregistration fee f engineering firm; (9)AAinactive status fee. (b)aafee revenue may not exceed the amount reasonable necessary to administer this chapter. (c)aageneral 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. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 15, eff. Sept. 1, Amended by: Acts 2005, 79th Leg., Ch. 259 (H.B. 1817), Sec. 2, eff. September 1,

23 Sec.A AAREDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS. (a) F purposes of this section, a person is disabled if the person has a mental 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 an illegal drug controlled substance. (b)aathe board by rule may adopt reduced license fees annual renewal fees f engineers who are: (1)AAat least 65 years of age; (2)AAdisabled not actively engaged in the practice of engineering. (c)aaa 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. Sec.A AASTANDARDS OF CONDUCT AND ETHICS. The board may establish stards of conduct ethics f engineers in keeping with the purposes intent of this chapter to ensure strict compliance with enfcement of this chapter. Sec.A AAROSTER OF ENGINEERS. (a) The board shall prepare publish a roster of persons, including business entities, licensed, registered, certified, enrolled by the board. The roster shall include the name, business address, other identifying infmation required by board rule. (b)aathe board shall make the roster available to the public without cost in an online computer database fmat. (c)aathe board shall provide a physical copy of the roster on request may charge a reproduction shipping fee f providing a physical copy of the roster. Sec.A AAREGISTER OF APPLICANTS. The board shall 23

24 maintain a register of license applications that shows: (1)AAthe name, age, residence of each applicant; (2)AAthe date of the application; (3)AAthe applicant s place of business; (4)AAthe applicant s educational other qualifications; (5)AAwhether an examination was required; (6)AAwhether the applicant was issued denied a license; (7)AAthe date of board action; (8)AAany other infmation the board considers necessary. Sec.A AACONTINUING EDUCATION PROGRAMS. (a) The board shall recognize, prepare, administer continuing education programs f 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)aathe board may not require a license holder to obtain me 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)aathe board shall permit a license holder to receive continuing education credit f educational, technical, ethical, professional management activities related to the practice of engineering, including: (1)AAsuccessfully completing auditing a course sponsed by an institution of higher education; (2)AAsuccessfully completing a course certified by a professional trade ganization; (3)AAattending a seminar, tutial, sht course, crespondence course, videotaped course, televised course; (4)AAparticipating in an in-house course sponsed by a cpation other business entity; (5)AAteaching a course described by Subdivisions 24

25 (1)-(4); (6)AApublishing an article, paper, book on the practice of engineering; (7)AAmaking attending a presentation at a meeting of a technical engineering management society ganization writing a paper presented at such a meeting; (8)AAparticipating in the activities of a professional society association, including serving on a committee of the ganization; (9)AAengaging in self-directed study. (d)aaa license holder may not receive me than five continuing education credit hours annually f engaging in self-directed study. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 17, eff. Sept. 1, Sec.A AARECORDS. (a) The board shall maintain a recd of its proceedings. (b)aathe board s recds shall be available to the public at all times. (c)aathe board s recds are prima facie evidence of the proceedings of the board set fth in the recds. A transcript of the recds certified by the secretary of the board under seal is admissible in evidence with the same effect as if it were the iginal. Sec.A AACONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO LICENSE APPLICATION. (a) A statement made by a person providing a reference f an applicant other pertinent infmation compiled by submitted to the board relating to an applicant f a license under this chapter is privileged confidential. (b)aainfmation described by Subsection (a) may be used only by the board its employees agents who are directly involved in the application licensing process. The infmation is not 25

26 subject to discovery, subpoena, other disclosure. Sec.A AASUBPOENA. (a) The board may request, if necessary, compel by subpoena: (1)AAthe attendance of a witness f examination under oath; (2)AAthe production f inspection copying of recds, documents, other evidence relevant to the investigation of an alleged violation of this chapter. (b)aathe board, acting through the attney general, may bring an action to enfce a subpoena issued under Subsection (a) against a person who fails to comply with the subpoena. (c)aavenue f an action brought under Subsection (b) is in a district court in: (1)AATravis County; (2)AAthe county in which the board may hold a hearing. (d)aathe court shall der compliance with the subpoena if the court finds that good cause exists to issue the subpoena. Sec.A AATECHNOLOGY POLICY. The board shall develop implement a policy requiring the executive direct board employees to research propose appropriate technological solutions to improve the board s ability to perfm its functions. The technological solutions must: (1)AAensure that the public is able to find infmation about the board on the Internet; (2)AAensure that persons who want to use the board s services are able to: (A)AAinteract with the board through the Internet; (B)AAaccess any service that can be provided effectively through the Internet; (3)AAbe cost-effective developed through the board s planning processes. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1, 26

27 Sec.A AANEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The board shall develop implement a policy to encourage the use of: (1)AAnegotiated rulemaking procedures under Chapter 2008, Government Code, f the adoption of board rules; (2)AAappropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal external disputes under the board s jurisdiction. (b)aathe board s procedures relating to alternative dispute resolution must confm, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings f the use of alternative dispute resolution by state agencies. (c)aathe board shall designate a trained person to: (1)AAcodinate the implementation of the policy adopted under Subsection (a); (2)AAserve as a resource f any training needed to implement the procedures f negotiated rulemaking alternative dispute resolution; (3)AAcollect 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, SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT PROCEDURES Sec.A AACONSUMER INTEREST INFORMATION. (a) The board shall prepare infmation of consumer interest describing the regulaty functions of the board the procedures by which consumer complaints are filed with resolved by the board. (b)aathe board shall make the infmation available to the public appropriate state agencies. (c)aathe board shall maintain on the board s Internet website: 27

28 (1)AAinfmation regarding the procedure f filing a complaint with the board; (2)AAa fm that a person may use to file a complaint with the board. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 19, eff. Sept. 1, Sec.A AAGENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules that permit the board to receive investigate a confidential complaint against a license holder other person who may have violated this chapter. The board shall maintain the confidentiality of the complaint during the investigation. (b)aathe board by rule shall specify: (1)AAthe manner by which a person may contact the board f assistance in filing a complaint; (2)AAthe place at which a complaint must be filed; (3)AAthe proper fm of a complaint; (4)AAthe infmation that must be included in a complaint. (c)aathe board s procedures must permit a member of the public who desires to file a complaint to: (1)AAspeak to an investigat on the staff of the board if the person desires to do so; (2)AAeasily conveniently access the board s complaint process without being required to speak to an investigat on the staff of the board if the person does not desire to speak to an investigat. (d)aathe board shall consider any written grievance against a license holder other person filed with the board as a complaint. (e)aaa complaint must include infmation sufficient f the board to determine whether it has the authity to resolve the complaint. A complaint that contains sufficient infmation f the board to commence an investigation is not required to include all of the infmation necessary f the board to determine the validity of the complaint. 28

29 (f)aaon receipt of a complaint, the board shall determine whether the board has the authity to resolve the complaint. If the board does not have the authity to resolve the complaint, the board shall dismiss the complaint. If the board has the authity to resolve the complaint, the board shall initiate a disciplinary proceeding against the person who is the subject of the complaint. (g)aathe board by rule shall prescribe a method f priitizing complaints f purposes of complaint investigation. In establishing priities: (1)AAa 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; (2)AAwith 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)aathe board s staff is responsible f conducting all phases of complaint investigation, including gathering evidence necessary to determine the validity of the complaint. (i)aathe board may employ contract with adviss, consultants, engineers, other persons to provide technical assistance in investigations disciplinary proceedings. Except f an action involving fraud, conspiracy, malice, a person whose services are obtained by the board under this subsection is immune from civil liability may not be subjected to a suit f damages f any investigation, rept, recommendation, statement, evaluation, finding made, other action taken in the course of perfming the person s official duties. (j)aathe board s staff shall regularly rept to the board on each complaint dismissed by board staff, including: (1)AAthe name of the complainant; (2)AAthe name of the person who is the subject of the complaint; (3)AAthe basis of the complaint; (4)AAthe reason f the dismissal of the complaint. (k)aaexcept as provided by Subsection (l), a complaint filed 29

30 with the board is public infmation. (l)aaf any complaint determined to be frivolous without merit, the complaint other enfcement case infmation related to that complaint are confidential.aathe infmation may be used only by the board by its employees agents directly involved in the enfcement process f that complaint.aathe infmation is not subject to discovery, subpoena, other disclosure. (m)aain this section, "frivolous complaint" means a complaint that the executive direct investigat, with board approval, determined: (1)AAwas made f the purpose of harassment; (2)AAdoes not demonstrate harm to any person. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff. Sept. 1, Amended by: Acts 2005, 79th Leg., Ch. 259 (H.B. 1817), Sec. 3, eff. September 1, shall: Sec.A AACOMPLAINT INFORMATION. (a) The board (1)AAassign a number to each complaint filed with the board; (2)AAensure that each phase of the processing of a complaint is appropriately documented. (b)aathe board shall maintain a file on each written complaint filed with the board. The file must include: (1)AAthe name of the person who filed the complaint; (2)AAthe date the complaint is received by the board; (3)AAthe subject matter of the complaint; (4)AAthe name of each person contacted in relation to the complaint; (5)AAa summary of the results of the review investigation of the complaint; (6)AAan explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint. 30

31 (c)aathe board shall provide to the person filing the complaint to each person who is a subject of the complaint a copy of the board s policies procedures relating to complaint investigation resolution. (d)aathe board, at least quarterly 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. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff. Sept. 1, Sec.A AASTATISTICAL ANALYSIS OF COMPLAINTS. (a) The board shall develop maintain a complaint tracking system to monit the processing of complaints filed with the board. (b)aathe board shall include with the board s annual financial rept under Section , Government Code, a statistical analysis of the complaints filed with the board during the preceding year, including: (1)AAthe number of complaints filed; (2)AAa categization of complaints filed accding to the basis of the complaint the number of complaints in each categy; (3)AAthe number of complaints filed by board staff; (4)AAthe number of complaints filed by persons other than board staff; (5)AAthe average length of time required to resolve a complaint; (6)AAthe number of complaints resolved the manner in which they were resolved, including: (A)AAthe number of complaints dismissed the reasons f dismissal; (B)AAthe number of complaints resulting in disciplinary action, the disciplinary action taken, whether the disciplinary action taken was imposed by stipulation, agreed settlement, consent der, default, der following a contested case hearing; 31

32 (7)AAthe 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, 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, Sec.A AAPUBLIC PARTICIPATION. The board shall develop implement policies that provide the public with a reasonable opptunity to appear befe the board to speak on any issue under the jurisdiction of the board. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, eff. Sept. 1, SUBCHAPTER G. LICENSE REQUIREMENTS Sec.A AALICENSE REQUIRED. (a) A person may not engage in the practice of engineering unless the person holds a license issued under this chapter. (b)aaexcept as provided by Subsection (f), a person may not, unless the person holds a license issued under this chapter, directly indirectly use cause to be used as a professional, business, commercial identification, title, name, representation, claim, asset, means of advantage benefit any of, a variation abbreviation of, the following terms: (1)AA"engineer"; (2)AA"professional engineer"; (3)AA"licensed engineer"; (4)AA"registered engineer"; (5)AA"registered professional engineer"; (6)AA"licensed professional engineer"; (7)AA"engineered." (c)aaexcept as provided by Subsection (f), a person may not directly indirectly use cause to be used an abbreviation, wd, symbol, slogan, sign that tends is likely to create an impression with the public that the person is qualified 32