Bill Text: TX HB1523 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation of the regulation of land surveyors and the transfer of the regulation to the Texas Board of Professional Engineers and Land Surveyors, following the recommendations of the Sunset Advisory Commission; changing fees.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1523 Detail]

Download: Texas-2019-HB1523-Comm_Sub.html

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86R20637 MP-D
By: Nevárez H.B. No. 1523
Substitute the following for H.B. No. 1523:
By: King of Uvalde C.S.H.B. No. 1523

A BILL TO BE ENTITLED
AN ACT
relating to the continuation of the regulation of land surveyors
and the transfer of the regulation to the Texas Board of
Professional Engineers and Land Surveyors, following the
recommendations of the Sunset Advisory Commission; changing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
SURVEYORS
SECTION 1.01. The heading to Chapter 1001, Occupations
Code, is amended to read as follows:
CHAPTER 1001. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
SURVEYORS
SECTION 1.02. Section 1001.002, Occupations Code, is
amended by amending Subdivision (1) and adding Subdivision (3) to
read as follows:
(1) "Board" means the Texas Board of Professional
Engineers and Land Surveyors.
(3) "Land surveyor," "licensed state land surveyor,"
"professional surveying," "registered professional land surveyor,"
and "state land surveying" have the meanings assigned by Section
1071.002.
SECTION 1.03. Section 1001.004(e), Occupations Code, is
amended to read as follows:
(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; or
(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.
SECTION 1.04. Section 1001.005, Occupations Code, is
amended to read as follows:
Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Engineers and Land Surveyors 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, 2025.
SECTION 1.05. Section 1001.064, Occupations Code, is
amended to read as follows:
Sec. 1001.064. STATE LAND SURVEYORS. A licensed state land
surveyor is exempt from the requirements of this chapter regulating
the practice of engineering in performing the [a] state land
surveyor's duties.
SECTION 1.06. The heading to Subchapter C, Chapter 1001,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
SURVEYORS
SECTION 1.07. Section 1001.101(a), Occupations Code, is
amended to read as follows:
(a) The Texas Board of Professional Engineers and Land
Surveyors consists of nine members appointed by the governor with
the advice and consent of the senate as follows:
(1) five [six] engineers; [and]
(2) one land surveyor; and
(3) three members who represent the public.
SECTION 1.08. Subchapter C, Chapter 1001, Occupations Code,
is amended by adding Section 1001.1011 to read as follows:
Sec. 1001.1011. EX OFFICIO MEMBER. The commissioner of the
General Land Office or a licensed state land surveyor employee of
the General Land Office designated by the commissioner as director
of surveying shall serve as an ex officio, nonvoting member of the
board.
SECTION 1.09. Section 1001.102, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(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 or land surveying;
(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.
(d) A land surveyor member of the board:
(1) must be:
(A) a licensed state land surveyor actively
engaged in the practice of state land surveying for not less than
the five years preceding appointment; or
(B) a registered professional land surveyor
actively engaged in the practice of professional surveying in this
state for not less than the five years preceding appointment; and
(2) may not be licensed as an engineer.
SECTION 1.10. Section 1001.103(a-1), Occupations Code, is
amended to read as follows:
(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 land surveying; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of engineering
or land surveying.
SECTION 1.11. Section 1001.105, Occupations Code, is
amended to read as follows:
Sec. 1001.105. PARTICIPATION OF PUBLIC MEMBERS. (a) The
board by majority vote may limit the participation of public
members in evaluating license, registration, or certification
applications.
(b) This section does not apply to the evaluation of
license, registration, or certification applications at an
official meeting of the board.
SECTION 1.12. Section 1001.107, Occupations Code, is
amended to read as follows:
Sec. 1001.107. PER DIEM. Each [A] board member, other than
the commissioner of the General Land Office, 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.
SECTION 1.13. Section 1001.112(b), Occupations Code, is
amended to read as follows:
(b) The training program must provide the person with
information regarding:
(1) this chapter and Chapter 1071;
(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.
SECTION 1.14. Section 1001.201, Occupations Code, is
amended to read as follows:
Sec. 1001.201. GENERAL POWERS AND DUTIES. (a) The board
shall administer and enforce this chapter and Chapter 1071.
(b) The board may spend money for any purpose the board
considers reasonably necessary for the proper performance of its
duties under this chapter and Chapter 1071.
SECTION 1.15. Section 1001.202, Occupations Code, is
amended to read as follows:
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 and land
surveying.
SECTION 1.16. Sections 1001.203(b) and (c), Occupations
Code, are amended to read as follows:
(b) Except as provided by Subsection (a), the board may not
adopt rules restricting advertising or competitive bidding by a
person regulated by the board [license holder] except to prohibit
false, misleading, or deceptive practices.
(c) In its rules to prohibit false, misleading, or deceptive
practices by a person regulated by the board, the board may not
include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of the person's [a license
holder's] personal appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person [license holder]; or
(4) restricts the person's [license holder's]
advertisement under a trade name.
SECTION 1.17. Section 1001.204, Occupations Code, is
amended to read as follows:
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 and Chapter 1071, including:
(1) license, registration, and certification fees
[fee];
(2) [annual and late] renewal fee [fees];
(3) reciprocal license fee;
(4) duplicate license fee;
(5) [engineer-in-training certificate fee;
[(6)] roster [of engineers] fee;
(6) [(7)] examination fee;
[(8) registration fee for engineering firm;] and
(7) [(9)] inactive status fee.
(b) Fee revenue may not exceed the amount reasonable and
necessary to administer this chapter and Chapter 1071.
(c) General revenue of the state may not be used to pay the
costs of administering this chapter and Chapter 1071 in an amount
that exceeds the amount of fees received under this chapter and
Chapter 1071.
SECTION 1.18. Section 1001.205, Occupations Code, is
amended to read as follows:
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 or
land surveyor, 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 and land surveyors who are:
(1) at least 65 years of age; or
(2) disabled and not actively engaged in the practice
of engineering or land surveying.
(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 or land surveying not later than the 15th
day after the date the person resumes active practice.
SECTION 1.19. Section 1001.207, Occupations Code, is
amended to read as follows:
Sec. 1001.207. STANDARDS OF CONDUCT AND ETHICS. The board
may establish standards of conduct and ethics for engineers and
land surveyors in keeping with the purposes and intent of this
chapter and Chapter 1071 and to ensure strict compliance with and
enforcement of this chapter and Chapter 1071.
SECTION 1.20. The heading to Section 1001.208, Occupations
Code, is amended to read as follows:
Sec. 1001.208. ROSTER OF ENGINEERS AND LAND SURVEYORS.
SECTION 1.21. Section 1001.209, Occupations Code, is
amended to read as follows:
Sec. 1001.209. REGISTER OF APPLICANTS. The board shall
maintain a register of each application for a license or
registration under this chapter or Chapter 1071 [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 or registration;
(7) the date of board action; and
(8) any other information the board considers
necessary.
SECTION 1.22. Section 1001.210, Occupations Code, is
amended to read as follows:
Sec. 1001.210. CONTINUING EDUCATION PROGRAMS FOR
ENGINEERS. (a) The board shall recognize, prepare, or administer
continuing education programs for engineers [its license holders].
An engineer [A license holder] must participate in the programs to
the extent required by the board to keep the engineer's [person's]
license.
(b) The board may not require an engineer [a license holder]
to obtain more than 15 hours of continuing education annually. The
board shall permit an engineer [a license holder] to certify at the
time the license is renewed that the engineer [license holder] has
complied with the board's continuing education requirements.
(c) The board shall permit an engineer [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) An engineer [A license holder] may not receive more than
five continuing education credit hours annually for engaging in
self-directed study.
SECTION 1.23. Section 1001.212, Occupations Code, is
amended to read as follows:
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 licensing, registration, or certification [a
license] under this chapter or Chapter 1071 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, registration, or certification
process. The information is not subject to discovery, subpoena, or
other disclosure.
SECTION 1.24. Section 1001.213(a), Occupations Code, is
amended to read as follows:
(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 or Chapter
1071.
SECTION 1.25. Subchapter E, Chapter 1001, Occupations Code,
is amended by adding Section 1001.216 to read as follows:
Sec. 1001.216. ADVISORY COMMITTEE. The board shall appoint
an advisory committee to provide advice and recommendations to the
board on any matter relevant to the administration of this chapter
or Chapter 1071.
SECTION 1.26. Section 1001.251(a), Occupations Code, is
amended to read as follows:
(a) The board shall prepare information of consumer
interest describing:
(1) the regulatory functions of the board under this
chapter and Chapter 1071; and
(2) the procedures by which consumer complaints are
filed with and resolved by the board.
SECTION 1.27. Sections 1001.252(a) and (d), Occupations
Code, are amended to read as follows:
(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 or
Chapter 1071. The board shall maintain the confidentiality of the
complaint during the investigation.
(d) The board shall consider any written grievance against a
[license holder or other] person filed with the board as a
complaint.
SECTION 1.28. Chapter 1001, Occupations Code, is amended by
adding Subchapter F-1 to read as follows:
SUBCHAPTER F-1. GENERAL LICENSE, REGISTRATION, AND CERTIFICATION
REQUIREMENT
Sec. 1001.271. DEFINITION. In this subchapter, "license"
means a license, certification, registration, or other
authorization that is issued by the board under this chapter or
Chapter 1071.
SECTION 1.29. Section 1001.3035, Occupations Code, is
transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
added by this Act, and redesignated as Section 1001.272,
Occupations Code, to read as follows:
Sec. 1001.272 [1001.3035]. CRIMINAL HISTORY RECORD
INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) The board shall
require that an applicant for a license submit a complete and
legible set of fingerprints, on a form prescribed by the board, to
the board or to the Department of Public Safety for the purpose of
obtaining criminal history record information from the Department
of Public Safety and the Federal Bureau of Investigation.
(b) The board may not issue a license to a person who does
not comply with the requirement of Subsection (a).
(c) The board shall conduct a criminal history check of each
applicant for a license using information:
(1) provided by the individual under this section; and
(2) made available to the board by the Department of
Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Chapter 411, Government Code.
(d) The board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history check.
SECTION 1.30. Subchapter F-1, Chapter 1001, Occupations
Code, as added by this Act, is amended by adding Section 1001.2721
to read as follows:
Sec. 1001.2721. EXAMINATION DEVELOPMENT AND
ADMINISTRATION. Notwithstanding any other law, the board may
adopt, recognize, develop, or contract for an examination required
by this chapter or Chapter 1071, including the administration of
the examination.
SECTION 1.31. Section 1001.306, Occupations Code, is
transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
added by this Act, redesignated as Section 1001.273, Occupations
Code, and amended to read as follows:
Sec. 1001.273 [1001.306]. EXAMINATION RESULTS. (a) Not
later than the 30th day after the date a person takes an [a
licensing] examination under this chapter or Chapter 1071, the
board shall notify the person of the results of the examination.
(a-1) If the examination is graded or reviewed by a testing
service:
(1) the board shall notify the person of the results of
the examination not later than the 14th day after the date the board
receives the results from the testing service; and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
(b) The board may require a testing service to notify a
person of the results of the person's examination.
(c) If requested in writing by a person who fails an [a
licensing] examination administered under this chapter or Chapter
1071, the board shall furnish the person with an analysis of the
person's performance on the examination.
(d) Examination results reported under this section must
include a numerical score and an indication of whether the person
passed or failed the examination.
SECTION 1.32. Sections 1001.307 and 1001.352, Occupations
Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
Code, as added by this Act, and redesignated as Sections 1001.274
and 1001.275, Occupations Code, respectively, to read as follows:
Sec. 1001.274 [1001.307]. REEXAMINATION. The board may
permit reexamination of an applicant on payment of an appropriate
reexamination fee in an amount set by the board.
Sec. 1001.275 [1001.352]. NOTICE OF LICENSE EXPIRATION.
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.
SECTION 1.33. Sections 1001.353 and 1001.3535, Occupations
Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
Code, as added by this Act, redesignated as Sections 1001.276 and
1001.277, Occupations Code, respectively, and amended to read as
follows:
Sec. 1001.276 [1001.353]. PROCEDURE FOR RENEWAL. (a) A
person who is otherwise eligible to renew a license may renew an
unexpired license by paying the required [annual] renewal fee to
the board before the expiration date of the license. A person whose
license has expired may not engage in activities that require a
license until the license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
[annual] renewal fee and a late renewal fee.
(c) A person whose license has been expired for more than 90
days but less than two years may renew the license by paying to the
board the required [annual] renewal fee and a late renewal fee for
each delinquent year or part of a year.
(d) A person whose license has been expired for two years or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license.
Sec. 1001.277 [1001.3535]. CRIMINAL HISTORY RECORD
INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant
renewing a license [issued under this chapter] shall submit a
complete and legible set of fingerprints for purposes of performing
a criminal history check of the applicant as provided by Section
1001.272 [1001.3035].
(b) The board may not renew the license of a person who does
not comply with the requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 1001.272 [1001.3035] for the initial
issuance of the license; or
(2) this section as part of a prior license renewal.
SECTION 1.34. Section 1001.354, Occupations Code, is
transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
added by this Act, and redesignated as Section 1001.278,
Occupations Code, to read as follows:
Sec. 1001.278 [1001.354]. RENEWAL OF EXPIRED LICENSE BY
OUT-OF-STATE PRACTITIONER. (a) A person who was licensed in this
state, moved to another state, and is currently licensed and has
been in practice in the other state for the two years preceding the
date of application may obtain a new license without reexamination.
(b) The person must pay to the board a fee that is equal to
two times the normally required renewal fee for the license.
SECTION 1.35. Section 1001.355, Occupations Code, is
transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
added by this Act, redesignated as Section 1001.279, Occupations
Code, and amended to read as follows:
Sec. 1001.279 [1001.355]. INACTIVE STATUS. (a) An
engineer or land surveyor may request inactive status at any time.
An engineer or land surveyor [A license holder] on inactive status
may not practice engineering or land surveying, as applicable.
(b) An engineer or land surveyor [A license holder] on
inactive status must pay a [an annual] fee in an amount and at times
prescribed [set] by the board.
(c) An engineer or land surveyor [A license holder] on
inactive status is not required to:
(1) comply with the continuing education requirements
adopted by the board under Section 1001.210 or 1071.305, as
applicable; or
(2) take an examination for reinstatement to active
status.
(d) To return to active status, an engineer or land surveyor
[a license holder] on inactive status must:
(1) file with the board a written notice requesting
reinstatement to active status;
(2) pay the fee for the [annual] renewal of the
license; and
(3) provide evidence satisfactory to the board that
the person has complied with the continuing education requirements
adopted by the board under Section 1001.210 or 1071.305, as
applicable.
SECTION 1.36. The heading to Subchapter G, Chapter 1001,
Occupations Code, is amended to read as follows:
SUBCHAPTER G. ENGINEERING LICENSE REQUIREMENTS
SECTION 1.37. Section 1001.305, Occupations Code, is
amended to read as follows:
Sec. 1001.305. WAIVER OF EXAMINATION REQUIREMENT. The
board by rule may waive all or part of the examination requirement
for an applicant for the issuance or reissuance of a license under
this chapter. The board may not waive the requirement unless the
board first determines that:
(1) the applicant possesses sufficient qualifications
to justify the waiver; and
(2) issuing or reissuing the license to the applicant
does not pose a threat to the public health, safety, or welfare.
SECTION 1.38. Section 1001.311, Occupations Code, is
amended to read as follows:
Sec. 1001.311. APPLICATION BY NONRESIDENT. (a) A person
who holds a license or certificate of registration issued by
another state or a foreign country may apply under this chapter for
a license in this state.
(b) The board may waive any prerequisite to obtaining a
license under this chapter for an applicant after reviewing the
applicant's credentials and determining that the applicant holds a
license issued by another jurisdiction that has licensing
requirements substantially equivalent to those of this state.
SECTION 1.39. Section 1001.312, Occupations Code, is
amended to read as follows:
Sec. 1001.312. REPLACEMENT LICENSE. The board, subject to
board rules, may issue a new license to replace a license issued
under this chapter that is lost, destroyed, or mutilated.
SECTION 1.40. The heading to Subchapter H, Chapter 1001,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. ENGINEERING LICENSE RENEWAL
SECTION 1.41. Section 1001.452, Occupations Code, is
amended to read as follows:
Sec. 1001.452. GROUNDS FOR DISCIPLINARY ACTION. A person
is subject to disciplinary action under Section 1001.451 for:
(1) a violation of this chapter or a board rule adopted
under this chapter;
(2) fraud or deceit in obtaining a license;
(3) a documented instance of retaliation by an
applicant against an individual who has served as a reference for
that applicant;
(4) gross negligence, incompetency, or misconduct in
the practice of engineering; or
(5) a failure to timely provide plans or
specifications to the Texas Department of Licensing and Regulation
as required by Chapter 469, Government Code [Article 9102, Revised
Statutes].
SECTION 1.42. Section 1001.501, Occupations Code, is
amended to read as follows:
Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The
board may impose an administrative penalty on a person who violates
this chapter or Chapter 1071 or a rule adopted or order issued under
this chapter or Chapter 1071.
SECTION 1.43. Section 1001.502, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The amount of an administrative penalty may not exceed:
(1) $5,000 for each violation of this chapter or a rule
adopted or order issued under this chapter; and
(2) $1,500 for each violation of Chapter 1071 or a rule
adopted or order issued under Chapter 1071.
(a-1) Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty.
SECTION 1.44. Sections 1001.551(a) and (d), Occupations
Code, are amended to read as follows:
(a) In addition to any other action authorized by law, the
board may bring an action in the board's name to enjoin a person
from violating this chapter or Chapter 1071 or a board rule adopted
under this chapter or Chapter 1071.
(d) In an action for an injunction under this section, the
defendant may assert and prove as a complete defense to the action
that the board deprived the defendant of a license, certificate, or
registration by a board action or proceeding that was:
(1) arbitrary or capricious;
(2) contrary to law; or
(3) conducted without due process of law.
SECTION 1.45. Section 1001.5511, Occupations Code, is
amended to read as follows:
Sec. 1001.5511. CEASE AND DESIST ORDER. If it appears to
the board that a person who is not licensed, certified, or
registered under this chapter or Chapter 1071 is violating this
chapter or Chapter 1071, a rule adopted under this chapter or
Chapter 1071, or another state statute or rule relating to the
practice of engineering or land surveying, the board, after notice
and opportunity for a hearing, may issue a cease and desist order
prohibiting the person from engaging in the activity.
SECTION 1.46. Section 1001.552(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) engages in the practice of engineering without
being licensed or exempted from the licensing requirement under
this chapter;
(2) violates this chapter with respect to the
regulation of engineering;
(3) presents or attempts to use as the person's own the
engineering license or seal of another; or
(4) gives false evidence of any kind to the board or a
board member in obtaining an engineering [a] license.
SECTION 1.47. Section 1001.553, Occupations Code, is
amended to read as follows:
Sec. 1001.553. REPORT OF VIOLATION. A public official
shall report a violation of this chapter or Chapter 1071 to the
proper authorities.
SECTION 1.48. Section 1001.554, Occupations Code, is
amended to read as follows:
Sec. 1001.554. PRESENTATION OF COMPLAINTS BY BOARD;
ASSISTANCE AT TRIAL. (a) A member of the board may present to a
prosecuting officer a complaint relating to a violation of this
chapter or Chapter 1071.
(b) The board through its members, officers, counsel, and
agents and subject to the control of the prosecuting officer may
assist in the trial of a case involving an alleged violation of this
chapter or Chapter 1071.
SECTION 1.49. Section 1001.555(a), Occupations Code, is
amended to read as follows:
(a) The attorney general shall:
(1) act as legal advisor of the board;
(2) provide legal assistance to the board as necessary
to enforce this chapter or Chapter 1071 and make those laws [it]
effective; and
(3) represent the board in an action brought to
enforce this chapter or Chapter 1071.
SECTION 1.50. Section 1001.556, Occupations Code, is
amended to read as follows:
Sec. 1001.556. APPEAL BOND. The board is not required to
give an appeal bond in a cause arising under this chapter or Chapter
1071.
SECTION 1.51. Section 1071.002(1), Occupations Code, is
amended to read as follows:
(1) "Board" means the Texas Board of Professional
Engineers and Land Surveyors [Surveying].
SECTION 1.52. The heading to Section 1071.301, Occupations
Code, is amended to read as follows:
Sec. 1071.301. LICENSE TERM AND [ANNUAL] RENEWAL
[REQUIRED].
SECTION 1.53. Section 1071.301, Occupations Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) The board by rule shall provide:
(1) that each certificate of registration or license
under this chapter is valid for a term of one year or two years; and
(2) for the renewal of the certificate or license.
(a-1) The board by rule may adopt a system under which
certificates of registration and licenses expire on various dates
during the year.
(a-2) For the year in which the certificate or license
expiration date is changed, the board shall prorate certificate and
license fees on a monthly basis so that each certificate or license
holder pays only that portion of the certificate or license fee that
is allocable to the number of months during which the certificate or
license is valid. On renewal of the certificate or license on the
new expiration date, the total certificate or license renewal fee
is payable.
SECTION 1.54. Section 1071.352(a-2), Occupations Code, is
amended to read as follows:
(a-2) The board may refuse to issue or renew and may suspend
or revoke the registration of a business entity and may impose an
administrative penalty under Subchapter K, Chapter 1001, against
the owner of a business entity for a violation of this chapter by an
employee, agent, or other representative of the entity, including a
registered professional land surveyor employed by the entity.
SECTION 1.55. Section 1071.401(a), Occupations Code, is
amended to read as follows:
(a) The board shall revoke, suspend, or refuse to renew a
certificate of registration or license, place on probation a person
whose certificate or license has been suspended, or reprimand a
registration holder or license holder for:
(1) fraud or deceit in obtaining a certificate or
license under this chapter;
(2) gross negligence, incompetence, or misconduct in
the practice of surveying as a land surveyor; or
(3) a violation of this chapter or a board rule adopted
under this chapter.
SECTION 1.56. Sections 1071.4035(a) and (b), Occupations
Code, are amended to read as follows:
(a) The board by rule shall establish guidelines for an
informal settlement conference related to a complaint filed with
the board regarding conduct regulated under this chapter.
(b) Subject to Subsection (c), the board may order a person
licensed or registered under this chapter to pay restitution to a
consumer as provided in an agreement resulting from an informal
settlement conference instead of or in addition to assessing an
administrative penalty under Subchapter K, Chapter 1001 [this
chapter].
SECTION 1.57. The following provisions of the Occupations
Code are repealed:
(1) Section 1071.003;
(2) Subchapter B, Chapter 1071;
(3) Subchapter C, Chapter 1071;
(4) Subchapter D, Chapter 1071;
(5) Subchapter E, Chapter 1071;
(6) Section 1071.255(c);
(7) Section 1071.257;
(8) Section 1071.258;
(9) Section 1071.263;
(10) Section 1071.302;
(11) Section 1071.303;
(12) Sections 1071.402(b), (c), (d), (e), (f), and
(g);
(13) Subchapter J, Chapter 1071;
(14) Section 1071.501;
(15) Section 1071.502; and
(16) Subchapter L, Chapter 1071.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 150.003(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) This section applies only to a licensed or registered
professional who provides architectural or engineering services if
the services:
(1) are authorized, as appropriate for the
professional, in:
(A) Chapter 1001, Occupations Code;
(B) Chapter 1051, Occupations Code;
(C) 22 T.A.C. Part 6 (Texas Board of
Professional Engineers and Land Surveyors), Chapter 137
(Compliance and Professionalism); and
(D) 22 T.A.C. Part 1 (Texas Board of
Architectural Examiners), Chapter 1 (Architects), Subchapter H
(Professional Conduct);
(2) subject to Subsection (d), are provided
voluntarily and without compensation or the expectation of
compensation;
(3) are in response to and provided during the
duration of a proclaimed state of emergency under Section 433.001,
Government Code, or a declared state of disaster under Section
418.014, Government Code;
(4) are provided at the request or with the approval of
a federal, state, or local public official acting in an official
capacity in response to the proclaimed state of emergency or
declared disaster, including a law enforcement official, public
safety official, or building inspection official; and
(5) are related to a structure, building, roadway,
piping, or other system, either publicly or privately owned.
SECTION 2.02. Section 411.122(d), Government Code, is
amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers and Land
Surveyors;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) [Department of State] Health and Human Services
Commission, except as provided by Section 411.110, and agencies
attached to the commission [department], including:
(A) Texas State Board of Examiners of Marriage
and Family Therapists;
(B) Texas State Board of Examiners of
Professional Counselors; and
(C) Texas State Board of Social Worker Examiners;
(9) [Texas Board of Professional Land Surveying;
[(10)] Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(10) [(11)] Texas Commission on Environmental
Quality;
(11) [(12)] Texas Board of Occupational Therapy
Examiners;
(12) [(13)] Texas Optometry Board;
(13) [(14)] Texas State Board of Pharmacy;
(14) [(15)] Texas Board of Physical Therapy
Examiners;
(15) [(16)] Texas State Board of Plumbing Examiners;
(16) [(17) Texas State Board of Podiatric Medical
Examiners;
[(18)] Texas State Board of Examiners of
Psychologists;
(17) [(19)] Texas Real Estate Commission;
(18) [(20)] Texas Department of Transportation;
(19) [(21)] State Board of Veterinary Medical
Examiners;
(20) [(22)] Texas Department of Housing and Community
Affairs;
(21) [(23)] secretary of state;
(22) [(24)] state fire marshal;
(23) [(25)] Texas Education Agency;
(24) [(26)] Department of Agriculture; and
(25) [(27)] Texas Department of Motor Vehicles.
SECTION 2.03. Section 469.104, Government Code, is amended
to read as follows:
Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
The commission shall report to the Texas Board of Architectural
Examiners, the Texas Board of Professional Engineers and Land
Surveyors, or another appropriate licensing authority the failure
of any architect, interior designer, landscape architect, or
engineer to submit or resubmit in a timely manner plans and
specifications to the department as required by this subchapter.
SECTION 2.04. Section 472.001, Government Code, is amended
to read as follows:
Sec. 472.001. APPLICABILITY OF CHAPTER. This chapter
applies to:
(1) the Texas State Board of Public Accountancy;
(2) the Texas Board of Professional Engineers and Land
Surveyors; and
(3) the Texas Board of Architectural Examiners.
SECTION 2.05. Section 472.102(c), Government Code, is
amended to read as follows:
(c) The Texas State Board of Public Accountancy shall
annually remit $703,344 to the general revenue fund, the Texas
Board of Professional Engineers and Land Surveyors shall annually
remit $373,900 to the general revenue fund, and the Texas Board of
Architectural Examiners shall annually remit $510,000 to the
general revenue fund.
SECTION 2.06. Section 2054.352(a), Government Code, is
amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Judicial Branch Certification Commission;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) [Texas Board of Professional Land Surveying;
[(6)] Texas Medical Board;
(6) [(7)] Texas Board of Nursing;
(7) [(8)] Texas Optometry Board;
(8) [(9)] Department of Agriculture, for licenses
issued under Chapter 1951, Occupations Code;
(9) [(10)] Texas State Board of Pharmacy;
(10) [(11)] Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(11) [(12)] Texas State Board of Plumbing Examiners;
(12) [(13) Texas State Board of Podiatric Medical
Examiners;
[(14)] Texas State Board of Examiners of
Psychologists;
(13) [(15)] State Board of Veterinary Medical
Examiners;
(14) [(16)] Texas Real Estate Commission;
(15) [(17)] Texas Appraiser Licensing and
Certification Board;
(16) [(18)] Texas Department of Licensing and
Regulation;
(17) [(19)] Texas State Board of Public Accountancy;
(18) [(20)] State Board for Educator Certification;
(19) [(21)] Texas Board of Professional Engineers and
Land Surveyors;
(20) [(22) Department of State] Health and Human
Services Commission;
(21) [(23)] Texas Board of Architectural Examiners;
(22) [(24)] Texas Racing Commission;
(23) [(25)] Texas Commission on Law Enforcement; and
(24) [(26)] Texas Private Security Board.
SECTION 2.07. Section 2166.202(b), Government Code, is
amended to read as follows:
(b) The commission, in consultation with the Texas Board of
Architectural Examiners and the Texas Board of Professional
Engineers and Land Surveyors, shall adopt by rule criteria to
evaluate the competence and qualifications of a prospective private
design professional.
SECTION 2.08. Section 361.901(6), Health and Safety Code,
is amended to read as follows:
(6) "Licensed professional engineer" means a person
licensed as an engineer by the Texas Board of Professional
Engineers and Land Surveyors.
SECTION 2.09. Section 366.071(c), Health and Safety Code,
is amended to read as follows:
(c) A person who conducts preconstruction site evaluations,
including visiting a site and performing a soil analysis, a site
survey, or other activities necessary to determine the suitability
of a site for an on-site sewage disposal system must hold a license
issued by the commission under Chapter 37, Water Code, unless the
person is licensed by the Texas Board of Professional Engineers and
Land Surveyors as an engineer.
SECTION 2.10. Sections 2210.2515(c) and (d), Insurance
Code, are amended to read as follows:
(c) A person may apply to the association on a form
prescribed by the department for a certificate of compliance for a
completed improvement. The association shall issue a certificate
of compliance for a completed improvement if a professional
engineer licensed by the Texas Board of Professional Engineers and
Land Surveyors:
(1) has designed the improvement, has affixed the
engineer's seal on the design, and submits to the association on a
form prescribed by the department an affirmation of compliance with
the applicable building code under the plan of operation; or
(2) completes a sealed post-construction evaluation
report that confirms compliance with the applicable building code
under the plan of operation.
(d) A person may apply to the department on a form
prescribed by the department for a certificate of compliance for an
ongoing improvement. Except as provided by Subsection (e), the
department shall issue a certificate of compliance for an ongoing
improvement if a qualified inspector under Section 2210.254
inspects the ongoing improvement in accordance with commissioner
rule and affirms that the improvement:
(1) conforms to a design of the improvement that has a
seal affixed by a professional engineer licensed by the Texas Board
of Professional Engineers and Land Surveyors and complies with the
applicable building code under the plan of operation; or
(2) complies with the applicable building code under
the plan of operation.
SECTION 2.11. Section 89.023(a), Natural Resources Code, is
amended to read as follows:
(a) The commission may grant an extension of the deadline
for plugging an inactive well if the operator maintains a current
organization report with the commission as required by Section
91.142 and if, on or before the date of renewal of the operator's
organization report as required by that section, the operator files
with the commission an application for an extension that includes:
(1) an affirmation that complies with Section 89.029;
(2) a statement that the operator has, and on request
will provide, evidence of a good faith claim to a continuing right
to operate the well; and
(3) at least one of the following:
(A) documentation that since the preceding date
that the operator's organization report was required to be renewed
the operator has plugged, or restored to active operation as
defined by commission rule, a number of inactive wells equal to or
greater than 10 percent of the number of inactive wells operated by
the operator on that date;
(B) an abeyance of plugging report on a form
approved by the commission that:
(i) is in the form of a certification signed
by a person licensed by the Texas Board of Professional Engineers
and Land Surveyors as an engineer or by the Texas Board of
Professional Geoscientists;
(ii) includes:
(a) an affirmation by the licensed
person that the well has:
(1) a reasonable expectation of
economic value in excess of the cost of plugging the well for the
duration of the period covered by the report, based on the cost
calculation for plugging an inactive well; and
(2) a reasonable expectation of
being restored to a beneficial use that will prevent waste of oil or
gas resources that otherwise would not be produced if the well were
plugged; and
(b) appropriate documentation
demonstrating the basis for the affirmation of the well's future
utility; and
(iii) specifies the field and the covered
wells within that field in a format prescribed by the commission;
(C) a statement that the well is part of an
enhanced oil recovery project;
(D) if the operator of the well is not currently
otherwise required by commission rule or order to conduct a fluid
level or hydraulic pressure test of the well, documentation of the
results of a successful fluid level or hydraulic pressure test of
the well conducted in accordance with the commission's rules in
effect at the time the test is conducted;
(E) a supplemental bond, letter of credit, or
cash deposit sufficient for each well specified in the application
that:
(i) complies with the requirements of
Chapter 91; and
(ii) is of an amount at least equal to the
cost calculation for plugging an inactive well for each well
specified in the application;
(F) documentation of the deposit with the
commission each time the operator files an application of an amount
of escrow funds as prescribed by commission rule that equal at least
10 percent of the total cost calculation for plugging an inactive
well for each well specified in the application; or
(G) if the operator is a publicly traded entity:
(i) the following documents:
(a) a copy of the operator's federal
documents filed to comply with Financial Accounting Standards Board
Statement No. 143, Accounting for Asset Retirement Obligations;
and
(b) an original, executed Uniform
Commercial Code Form 1 Financing Statement, filed with the
secretary of state, that:
(1) names the operator as the
"debtor" and the Railroad Commission of Texas as the "secured
creditor"; and
(2) specifies the funds covered
by the documents described by Sub-subparagraph (a) in the amount of
the cost calculation for plugging an inactive well for each well
specified in the application; or
(ii) a blanket bond in the amount of the
lesser of:
(a) the cost calculation for plugging
any inactive wells; or
(b) $2 million.
SECTION 2.12. Section 1002.004(j), Occupations Code, is
amended to read as follows:
(j) The board and the Texas Board of Professional Engineers
and Land Surveyors by rule, memorandum of understanding, or other
appropriate procedure or document shall jointly resolve any
conflict between this chapter or a rule adopted under this chapter
and Chapter 1001 or a rule adopted under that chapter.
SECTION 2.13. Sections 1051.607(b), (g), and (h),
Occupations Code, are amended to read as follows:
(b) An engineer may not engage or offer to engage in the
practice of architecture unless:
(1) the engineer is listed under Subsection (a); and
(2) the engineer is in good standing with the Texas
Board of Professional Engineers and Land Surveyors.
(g) The board and the Texas Board of Professional Engineers
and Land Surveyors shall pay equally the costs of a contested case.
(h) The Texas Board of Professional Engineers and Land
Surveyors has exclusive regulatory oversight over an engineer
listed under Subsection (a).
SECTION 2.14. Section 223.151, Transportation Code, is
amended to read as follows:
Sec. 223.151. APPLICABILITY. This subchapter:
(1) applies to services of a technical expert,
including an archeologist, biologist, geologist, or historian, to
conduct an environmental or cultural assessment required by state
or federal law for a transportation project under the authority or
jurisdiction of the department; and
(2) does not apply to services defined as engineering
by the Texas Board of Professional Engineers and Land Surveyors
under Chapter 1001, Occupations Code.
SECTION 2.15. Section 26.3573(u), Water Code, is amended to
read as follows:
(u) The petroleum storage tank remediation account may not
be used to pay for a site remediation that involves the installation
or construction of on-site equipment, structures, or systems used
in the extraction or management of wastes, except for soil
excavation and landfill disposal or well sampling and monitoring,
unless:
(1) the plans and specifications for the equipment,
structures, or systems are sealed by an engineer licensed by the
Texas Board of Professional Engineers and Land Surveyors; and
(2) the equipment, structures, or systems are
constructed under the supervision of an engineer licensed by the
Texas Board of Professional Engineers and Land Surveyors.
SECTION 2.16. Sections 26.364(b), (c), and (e), Water Code,
are amended to read as follows:
(b) The commission, on the request of an engineer licensed
by the Texas Board of Professional Engineers and Land Surveyors,
shall register the engineer in the program.
(c) An engineer registered in the program may contract to
perform corrective action under this subchapter unless the Texas
Board of Professional Engineers and Land Surveyors determines the
engineer is not qualified to perform a corrective action.
(e) The commission may not adopt minimum qualifications for
an engineer licensed by the Texas Board of Professional Engineers
and Land Surveyors to contract with an eligible owner or operator to
perform a corrective action under this subchapter.
SECTION 2.17. Sections 26.366(b), (c), and (e), Water Code,
are amended to read as follows:
(b) The commission, on the request of an engineer licensed
by the Texas Board of Professional Engineers and Land Surveyors,
shall license the engineer in the program.
(c) An engineer licensed in the program may supervise a
corrective action under this subchapter unless the Texas Board of
Professional Engineers and Land Surveyors determines the engineer
is not qualified to supervise a corrective action.
(e) The commission may not adopt minimum qualifications for
an engineer licensed by the Texas Board of Professional Engineers
and Land Surveyors to supervise a corrective action under this
subchapter.
ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
SECTION 3.01. (a) The Texas Board of Professional Land
Surveying is abolished but continues in existence until September
1, 2020, for the sole purpose of transferring obligations,
property, rights, powers, and duties to the Texas Board of
Professional Engineers and Land Surveyors as created by this Act.
The Texas Board of Professional Engineers and Land Surveyors
assumes all of the obligations, property, rights, powers, and
duties of the Texas Board of Professional Land Surveying as they
exist immediately before the effective date of this Act. All
unexpended funds appropriated to the Texas Board of Professional
Land Surveying are transferred to the Texas Board of Professional
Engineers and Land Surveyors.
(b) The Texas Board of Professional Engineers and Land
Surveyors and the Texas Board of Professional Land Surveying shall,
in consultation with appropriate state entities, ensure that the
transfer of the obligations, property, rights, powers, and duties
of the Texas Board of Professional Land Surveying to the Texas Board
of Professional Engineers and Land Surveyors is completed not later
than September 1, 2020.
(c) All rules of the Texas Board of Professional Land
Surveying are continued in effect as rules of the Texas Board of
Professional Engineers and Land Surveyors until superseded by a
rule of the Texas Board of Professional Engineers and Land
Surveyors. A certificate, license, registration, or other
authorization issued by the Texas Board of Professional Land
Surveying is continued in effect as provided by the law in effect
immediately before the effective date of this Act. An application
for a certificate, license, registration, or other authorization
pending on the effective date of this Act is continued without
change in status after the effective date of this Act. A complaint,
investigation, contested case, or other proceeding pending on the
effective date of this Act is continued without change in status
after the effective date of this Act.
SECTION 3.02. The change in law made by this Act to Section
1001.101, Occupations Code, does not affect the entitlement of a
member serving on the Texas Board of Professional Engineers
immediately before the effective date of this Act to continue to
serve for the remainder of the member's term. As the terms of board
members expire, the governor shall appoint or reappoint members to
the Texas Board of Professional Engineers and Land Surveyors who
have the qualifications required for members under Sections
1001.101 and 1001.102, Occupations Code, as amended by this Act.
SECTION 3.03. (a) Except as provided by Subsection (b) of
this section, Section 1001.112, Occupations Code, as amended by
this Act, applies to a member of the Texas Board of Professional
Engineers and Land Surveyors appointed before, on, or after the
effective date of this Act.
(b) A member of a board who, before the effective date of
this Act, completed the training program required by Section
1001.112, Occupations Code, as that section existed before the
effective date of this Act, is required to complete additional
training only on the subjects added by this Act to the training
program. A board member described by this subsection may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board held on or after September 1, 2020, until the member
completes the additional training.
SECTION 3.04. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 3.05. This Act takes effect September 1, 2019.