1001.002. 9, eff. Sec. Sec. Amended by Acts 2003, 78th Leg., ch. 1232 (H.B. Sec. September 1, 2013. September 1, 2007. (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. Sec. 6, eff. Added by Acts 2001, 77th Leg., ch. (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. Special meetings shall be held at the time provided by the board's bylaws. 1142 (H.B. 1232 (H.B. Section 201 et seq. 652), Sec. 1.37, eff. 1001.456. (a) In this section, "business entity" includes a sole proprietorship, firm, partnership, corporation, or joint stock association. 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. 2, eff. 20, 2023). (5) a failure to timely provide plans or specifications to the Texas Department of Licensing and Regulation as required by Chapter 469, Government Code. https://texas.public.law/statutes/tex._occ._code_section_1001.302. 1168, Sec. Sec. 28, eff. (d) The registration of a business entity issued under this section expires on the first anniversary of the date the registration is issued. of Profl Engineers & Land Surveyors, http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1001.htm#1001.302, Lawyer Referral & Information Service (LRIS), Here is the original source for section 1001.302, 1001.302. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. Sec. (b) The engineer must: (1) meet all of the applicable professional practice requirements of federal, state and local statutes, codes, regulations, rules, ordinances or standards in the performance . 1, eff. Sec. The board may permit reexamination of an applicant on payment of an appropriate reexamination fee in an amount set by the board. Added by Acts 2011, 82nd Leg., R.S., Ch. 1523), Sec. 1001.304. The Texas Engineering Practice Act is part of the Texas Occupations Code which is a collection of state laws organized by subject area into a code made up of titles, subtitles and chapters. 25; June 23, 2023. 1001.555. 837 (H.B. (2) issuing or reissuing the license to the applicant does not pose a threat to the public health, safety, or welfare. 1.30, eff. Sec. APPEAL OF LICENSE REVOCATION. September 1, 2019. Sec. 1, eff. Added by Acts 2001, 77th Leg., ch. 1001.107. September 1, 2011. PDF The State of Texas Texas Engineering Practice Act and Rules Concerning June 1, 2003. WAIVER OF EXAMINATION REQUIREMENT. 1, eff. (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. Sec. June 1, 2003. (a) The board shall develop and maintain a complaint tracking system to monitor the processing of complaints filed with the board. an attorney in good standing. Amended by Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1232 (H.B. Added by Acts 2001, 77th Leg., ch. (c) The board's records are prima facie evidence of the proceedings of the board set forth in the records. 1142 (H.B. A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension. Sec. Sept. 1, 2003. This chapter may be cited as The Texas Engineering Practice Act. GENERAL LICENSE, REGISTRATION, AND CERTIFICATION REQUIREMENT. APPLICATION BY NONRESIDENT. Sec. 1001.207. Sec. 1.45, eff. (12) any other professional service necessary for the planning, progress, or completion of an engineering service. 1523), Sec. June 1, 2003. The proposed rules address the Board's ability to consider previous enforcement actions should a previous license holder reapply for a new license and they implement a new procedure for verifying that . Tex. (c) The board may not renew the license of a person who does not comply with the requirement of Subsection (b). Added by Acts 2001, 77th Leg., ch. Sept. 1, 2003. 1001.604. 259 (H.B. 1421, Sec. (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. Sec. (b) The person must pay to the board a fee that is equal to two times the normally required renewal fee for the license. PDF Texas Engineering and Land Surveying Practice Acts and Rules (b) The board shall adopt rules of procedure for imposing an administrative penalty. 1523), Sec. June 1, 2003. in the professional use of the person's name on a sign, directory, listing, document, contract, pamphlet, stationery, advertisement, signature, or another similar written or printed form of identification. 1232 (H.B. 1168, Sec. Sec. ADVISORY COMMITTEES. Sept. 1, 2003. 1001.067. 837 (H.B. 1232 (H.B. 1276, Sec. (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. REDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS. 1.02, eff. Sec. 1232 (H.B. 1001.064. 3, eff. (B) after the person pays the penalty if the person gave a supersedeas bond and the penalty is reduced. (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. (2) "Engineer" means a person licensed to engage in the practice of engineering in this state. Sec. (f) Submittal under seal of Texas licensed professional engineer. (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, registration, or certification process. 5, eff. The board shall: (1) number and classify each advisory opinion issued under this subchapter; and. 1, eff. Through social Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. Sec. 1421, Sec. 22, eff. 1001.205. ATTORNEY GENERAL'S OPINIONS. (2) a fact situation that is substantially similar to the fact situation in which the person is involved. 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. Sec. 4, eff. Added by Acts 2001, 77th Leg., ch. 1232 (H.B. 1001.4527. DIVISION OF RESPONSIBILITIES. 1168, Sec. Acts 2007, 80th Leg., R.S., Ch. (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: (6) "licensed professional engineer"; or. 1232 (H.B. (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. 1168, Sec. 1001.056. (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. Added by Acts 2001, 77th Leg., ch. Sec. LEGISLATIVE PURPOSE AND INTENT; LIBERAL CONSTRUCTION OF CHAPTER. (b) The board may not require an engineer to obtain more than 15 hours of continuing education annually. June 1, 2003. (d) The preparation of engineering plans and specifications for the following tasks is within the scope of practice of both engineering and architecture: (1) site plans depicting the location and orientation of a building on the site based on: (A) a determination of the relationship of the intended use with the environment, topography, vegetation, climate, and geographic aspects; and. Amended by Acts 2003, 78th Leg., ch. (b) The board by rule may adopt a system under which licenses and registrations expire on various dates during the year. 402 (S.B. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. In this subchapter, "license" means a license, certification, registration, or other authorization that is issued by the board under this chapter or Chapter 1071. 1001.058. MECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT. (f) The board may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license. (2) "Engineer" means a person licensed to engage in the practice of engineering in this . Sec. Sept. 1, 2003. Section 12101 et seq. Acts 2005, 79th Leg., Ch. (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; or. REPLACEMENT LICENSE. 8, eff. Not later than the 30th day before the date a person's license is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board. (a) Not later than the 30th day after the date a person takes an examination under this chapter or Chapter 1071, the board shall notify the person of the results of the examination. (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. 3, eff. (B) meet the educational requirements of 1001.302(a)(1)(B) of the Act and have twelve or more years of creditable engineering experience, as evaluated by the board under 133.43 of this chapter.
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