Tex. OCC Code § 1001.001. SHORT TITLE.
This chapter may be cited as The Texas Engineering Practice Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Tex. OCC Code ch. 1001
in effectTex. OCC Code § 1001.002. DEFINITIONS.
In this chapter:
(1) "Board" means the Texas Board of Professional Engineers and Land Surveyors.
(2) "Engineer" means a person licensed to engage in the practice of engineering in this state.
(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 .
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.003. PRACTICE OF ENGINEERING.
(a) In this section:
(1) "Design coordination" includes the review and coordination of technical submissions prepared by others, including the work of other professionals working with or under the direction of an engineer with professional regard for the ability of each professional involved in a multidisciplinary effort.
(2) "Engineering survey" includes any survey activity required to support the sound conception, planning, design, construction, maintenance, or operation of an engineered project. The term does not include the surveying of real property or other activity regulated under Chapter 1071 .
(b) In this chapter, "practice of engineering" means the performance of or an offer or attempt to perform any public or private service or creative work, the adequate performance of which requires engineering education, training, and experience in applying special knowledge or judgment of the mathematical, physical, or engineering sciences to that service or creative work.
(c) The practice of engineering includes:
(1) consultation, investigation, evaluation, analysis, planning, engineering for program management, providing an expert engineering opinion or testimony, engineering for testing or evaluating materials for construction or other engineering use, and mapping;
(2) design, conceptual design, or conceptual design coordination of engineering works or systems;
(3) development or optimization of plans and specifications for engineering works or systems;
(4) planning the use or alteration of land or water or the design or analysis of works or systems for the use or alteration of land or water;
(5) responsible charge of engineering teaching or the teaching of engineering;
(6) performing an engineering survey or study;
(7) engineering for construction, alteration, or repair of real property;
(8) engineering for preparation of an operating or maintenance manual;
(9) engineering for review of the construction or installation of engineered works to monitor compliance with drawings or specifications;
(10) a service, design, analysis, or other work performed for a public or private entity in connection with a utility, structure, building, machine, equipment, process, system, work, project, or industrial or consumer product or equipment of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature;
(11) providing an engineering opinion or analysis related to a certificate of merit under Chapter 150 , Civil Practice and Remedies Code; or
(12) any other professional service necessary for the planning, progress, or completion of an engineering service.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.001(a), eff. Sept. 1, 2003.
Tex. OCC Code § 1001.004. LEGISLATIVE PURPOSE AND INTENT; LIBERAL CONSTRUCTION OF CHAPTER.
(a) The legislature recognizes the vital impact that the rapid advance of knowledge of the mathematical, physical, and engineering sciences as applied in the practice of engineering has on the lives, property, economy, and security of state residents and the national defense.
(b) The purpose of this chapter is to:
(1) protect the public health, safety, and welfare;
(2) enable the state and the public to identify persons authorized to practice engineering in this state; and
(3) fix responsibility for work done or services or acts performed in the practice of engineering.
(c) The legislature intends that:
(1) the privilege of practicing engineering be entrusted only to a person licensed and practicing under this chapter;
(2) only a person licensed under this chapter may:
(A) engage in the practice of engineering;
(B) be represented in any way as any kind of "engineer"; or
(C) make any professional use of the term "engineer"; and
(3) this chapter be strictly complied with and enforced.
(d) This chapter shall be liberally construed to carry out the intent of the legislature.
(e) This chapter does not:
(1) prevent a person from identifying the person in the name and trade of any engineers' labor organization with which the person is affiliated;
(2) prohibit or otherwise restrict a person from giving testimony or preparing an exhibit or document for the sole purpose of being placed in evidence before an administrative or judicial tribunal, subject to the board's disciplinary powers under Subchapter J regarding negligence, incompetency, or misconduct in the practice of engineering; or
(3) affect or prevent the practice of any other legally recognized profession by a member of the profession who is licensed by the state or under the state's authority.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 1, eff. Sept. 1, 2003.
Tex. OCC Code § 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, 2033.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 2003.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652 ), Sec. 1.05, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 1, eff. September 1, 2013.
SUBCHAPTER B. EXEMPTIONS
Tex. OCC Code § 1001.0031. PRACTICES OF ENGINEERING AND ARCHITECTURE.
(a) Except as provided by Subsection (d) or (e), the practice of engineering does not include, and engineers may not engage in or offer to engage in, the practice of architecture as defined by Sections 1051.001 (7)(A), (B), and (C), as that definition existed on April 1, 2011, and by Section 1051.0016 (a).
(b) An engineer may not prepare or provide a complete, comprehensive set of building plans for a building designed for human use or occupancy unless:
(1) the plans and specifications as described by Section 1051.001 (7)(A) or (B) are prepared by, or under the supervision of, an architect;
(2) the building is part of a project described by Section 1051.601 (b) or a building described by Section 1051.606 (a)(4); or
(3) the engineer has received administrative approval by the Texas Board of Architectural Examiners to practice architecture under Section 1051.607 .
(c) An engineer is responsible for the engineering plans and specifications of a building unless the work is exempt under Section 1001.053 or 1001.056 . In this section, the term "engineering plans and specifications" means:
(1) plans for a structural, mechanical, electrical, electronic, fire suppression, or geotechnical system in a building;
(2) specifications of structural elements and connections of a building;
(3) foundation design;
(4) hydrologic management calculations and design of surface water control and detention necessary for compliance with ordinances and regulations;
(5) design of building drain and waste system plumbing, fresh water plumbing, graywater systems, and mechanical aspects of moving water in and out of a structure, other than simple roof drainage;
(6) evaluation of structural framing members before the addition of roof-mounted equipment or a heavier roof covering;
(7) design of changes in roof pitch by the addition of structural framing members;
(8) evaluation and repair of damaged roof structural framing;
(9) design of electrical and signal and control systems;
(10) shop drawings by manufacturers or fabricators of materials and products to be used in the building features designed by the engineer; and
(11) specifications listing the nature and quality of materials and products for construction of features of the building elements or systems designed by an engineer.
(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
(B) the legal aspects of site development, including setback requirements, zoning and other legal restrictions, and surface drainage;
(2) the depiction of the building systems, including structural, mechanical, electrical, and plumbing systems, in:
(A) plan views;
(B) cross-sections depicting building components from a hypothetical cut line through a building; and
(C) the design of details of components and assemblies, including any part of a building exposed to water infiltration or fire-spread considerations;
(3) life safety plans and sheets, including accessibility ramps and related code analyses; and
(4) roof plans and details depicting the design of roof system materials, components, drainage, slopes, and directions and location of roof accessories and equipment not involving structural engineering calculations.
(e) The following activities may be performed by either an engineer or an architect:
(1) programming for construction projects, including:
(A) identification of economic, legal, and natural constraints; and
(B) determination of the scope of functional elements;
(2) recommending and overseeing appropriate construction project delivery systems;
(3) consulting with regard to, investigating, and analyzing the design, form, materials, and construction technology used for the construction, enlargement, or alteration of a building or its environment; and
(4) providing expert opinion and testimony with respect to issues within the responsibility of the engineer or architect.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1157 (H.B. 2284 ), Sec. 1, eff. September 1, 2011.
Tex. OCC Code § 1001.051. LIMITATION ON EXEMPTION.
An exemption under this subchapter applies only to a person who does not offer to the public to perform engineering services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.052. EMPLOYEE OF LICENSE HOLDER.
A person who is an employee or subordinate of an engineer is exempt from the licensing requirements of this chapter if the person's practice does not include responsible charge of design or supervision.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.053. PUBLIC WORKS.
The following work is exempt from this chapter:
(1) a public work that involves electrical or mechanical engineering, if the contemplated expense for the completed project is $8,000 or less;
(2) a public work that does not involve electrical or mechanical engineering, if the contemplated expense for the completed project is $20,000 or less; or
(3) road maintenance or improvement undertaken by the commissioners court of a county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 273, Sec. 1, eff. June 18, 2003.
Tex. OCC Code § 1001.054. FEDERAL OFFICER OR EMPLOYEE.
An officer or employee of the United States is exempt from the licensing requirements of this chapter during the time the officer or employee is engaged in the practice of engineering for the United States in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.055. MECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT.
(a) A person is exempt from the licensing requirements of this chapter if the person is installing, operating, repairing, or servicing a locomotive or stationary engine, steam boiler, diesel engine, internal combustion engine, refrigeration compressor or system, hoisting engine, electrical engine, air conditioning equipment or system, or mechanical, electrical, electronic, or communications equipment or apparatus.
(b) This exemption does not permit a person to:
(1) sign an engineering plan or specification if the person is not an engineer; or
(2) use the term "engineer" or "engineering" in any manner prohibited by this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.056. CONSTRUCTION OR REPAIR OF AND PLANS FOR CERTAIN BUILDINGS.
(a) A person, sole proprietorship, firm, partnership, joint stock association, or private corporation is exempt from the licensing requirements of this chapter if:
(1) a representation that engineering services have been or will be offered to the public is not made or implied; and
(2) the person or entity is erecting, constructing, enlarging, altering, or repairing or is drawing plans or specifications for:
(A) a private dwelling;
(B) apartments not exceeding eight units for each building in the case of one-story buildings;
(C) apartments not exceeding four units for each building and having a maximum height of two stories;
(D) a garage or other structure pertinent to a building described by Paragraph (A), (B), or (C);
(E) a private building to be used exclusively for:
(i) farm, ranch, or agricultural purposes; or
(ii) storage of raw agricultural commodities; or
(F) a building having no more than one story that:
(i) is not a building exempt from the licensing requirements of this chapter under Section 1001.053 or subject to Section 1001.407 ;
(ii) has a total floor area of not more than 5,000 square feet; and
(iii) does not contain a clear span between supporting structures greater than 24 feet on the narrow side.
(b) If a structure described by Subsections (a)(2)(F)(i) and (ii) contains unsupported spans greater than 24 feet, only the trusses, beams, or other roof supporting members must be engineered or pre-engineered.
(c) The exemption provided by this section does not apply to a person or entity that is:
(1) providing engineering design or inspection services necessary to comply with windstorm certification standards for a residential dwelling under Subchapter F , Chapter 2210 , Insurance Code; or
(2) providing engineering design relating to constructing, enlarging, altering, or repairing, or drawing plans or specifications for, a residential dwelling slab located on expansive soil that meets the expansive soil classification provisions of the International Residential Code as applied in the jurisdiction in which the residential dwelling is located, unless the construction, enlargement, alteration, repair, or drawing of plans or specifications meets the International Residential Code requirements as applied in the jurisdiction in which the residential dwelling is located.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649 ), Sec. 1, eff. June 19, 2009.
Tex. OCC Code § 1001.057. EMPLOYEE OF PRIVATE CORPORATION OR BUSINESS ENTITY.
(a) This chapter shall not be construed to apply to the activities of a private corporation or other business entity, or the activities of the full-time employees or other personnel under the direct supervision and control of the business entity, on or in connection with:
(1) reasonable modifications to existing buildings, facilities, or other fixtures to real property not accessible to the general public and which are owned, leased, or otherwise occupied by the entity; or
(2) activities related only to the research, development, design, fabrication, production, assembly, integration, or service of products manufactured by the entity.
(b) A person who claims an exemption under this section and who is determined to have directly or indirectly represented the person as legally qualified to engage in the practice of engineering or who is determined to have violated Section 1001.301 may not claim an exemption until the 10th anniversary of the date the person made that representation.
(c) This exemption does not prohibit:
(1) a licensed professional engineer who intends to incorporate manufactured products into a fixed work, system, or facility that is being designed by the licensee on public property or the property of others from requiring the manufacturer to have plans or specifications signed and sealed by a licensed professional engineer; or
(2) the board from requiring, by rule, that certain manufactured products delivered to or used by the public must be designed and sealed by a licensed professional engineer, if necessary to protect the public health, safety, and welfare.
(d) For purposes of this section, "products manufactured by the entity" also includes computer software, firmware, hardware, semiconductor devices, and the production, exploration, and transportation of oil and gas and related products.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 3, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.058. EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES.
(a) A regular full-time employee of a privately owned public utility or cooperative utility or of the utility's affiliate is exempt from the licensing requirements of this chapter if the employee:
(1) performs services exclusively for the utility or affiliate; and
(2) does not have the final authority to approve, or the ultimate responsibility for, engineering designs, plans, or specifications that are to be:
(A) incorporated into fixed works, systems, or facilities on the property of others; or
(B) made available to the public.
(b) A person who claims an exemption under this section and who is determined to have directly or indirectly represented the person as legally qualified to engage in the practice of engineering or who is determined to have violated Section 1001.301 may not claim an exemption until the 10th anniversary of the date the person made that representation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 4, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.059. QUALIFIED SCIENTISTS.
A qualified scientist engaged in scientific research and investigation of the physical or natural sciences is exempt from the licensing requirements of this chapter. This exemption includes the usual work and activities of a meteorologist, seismologist, geologist, chemist, geochemist, physicist, or geophysicist.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.060. SOIL AND WATER CONSERVATION.
Agricultural work performed in carrying out soil and water conservation practices is exempt from this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.061. TELEPHONE COMPANIES.
(a) An operating telephone company, an affiliate of the company, or an employee of the company or affiliate is exempt from this chapter with respect to any plan, design, specification, or service that relates strictly to the science and art of telephony.
(b) This exemption includes the use of a job title or personnel classification by a person included under Subsection (a) if the person does not use:
(1) the title or classification in connection with an offer to the public to perform engineering services; and
(2) a name, title, or word that tends to convey the impression that a person not licensed under this chapter is offering to the public to perform engineering services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.062. CERTAIN EMPLOYEES WORKING FROM ENGINEER'S PLANS.
(a) A regular full-time employee of a private business entity who is engaged in erecting, constructing, enlarging, altering, repairing, rehabilitating, or maintaining an improvement to real property in accordance with plans or specifications that have an engineer's seal is exempt from this chapter.
(b) This exemption includes the use of a job title or personnel classification by the employee if the employee does not use the title or classification in connection with an offer to the public to perform engineering services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.063. ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS.
This chapter or a rule adopted under this chapter does not prevent or otherwise restrict a person licensed as an architect under Chapter 1051 , a landscape architect under Chapter 1052 , or an interior designer under Chapter 1053 from performing an act, service, or work that is within the definition of the person's practice under those chapters.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 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 state land surveyor's duties.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.065. EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.
(a) In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003 , Education Code.
(b) An employee of an institution of higher education or a private or independent institution of higher education who is performing research or instructional work within the scope of the person's employment by the institution is exempt from the licensing requirements of this chapter.
Tex. OCC Code § 1001.066. CERTAIN NASA-RELATED ACTIVITIES.
This chapter does not:
(1) apply to a business entity or the business entity's employees to the extent that the entity's products or services consist of space vehicles or space services provided to, or space technology transfer programs required by, the National Aeronautics and Space Administration; or
(2) prohibit the use of the term "engineer" or "engineering" in a job title or personnel classification by an employee described by Subdivision (1) to the extent that the use of the title or classification is related to activities described by that subdivision.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 5, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.067. CERTAIN FIRE DEPARTMENT EMPLOYEES.
This chapter does not prohibit the professional use of the term "fire engineer" by a member of a fire department in a municipality with a population of one million or more that has adopted Chapter 143 , Local Government Code, and to which Subchapter G of that chapter does not generally apply, who:
(1) holds the position of fire apparatus operator; and
(2) is not otherwise engaged in the practice of engineering.
Added by Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649 ), Sec. 2, eff. June 19, 2009.
Tex. OCC Code § 1001.068. CERTAIN OUT-OF-STATE ENGINEERS ENGAGED IN EVALUATING OIL AND GAS RESOURCES.
(a) In this section, "evaluation of oil and gas resources" includes:
(1) the quantification of the volume of oil and gas reserves and resources in the subsurface of the earth;
(2) the determination of production forecasts for the reserves or resources; and
(3) the evaluation of the economic impact of the production forecasts.
(b) This chapter does not apply to the evaluation of oil and gas resources if the evaluation:
(1) is done by an engineer licensed in a state that does not prohibit engineers licensed under this chapter from engaging in the evaluation of oil and gas resources in that state;
(2) does not involve design, construction, or engineering assessments on the surface; and
(3) does not present a risk to public health or safety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 161 (H.B. 2067 ), Sec. 1, eff. May 28, 2011.
SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Tex. OCC Code § 1001.101. BOARD MEMBERSHIP.
(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 engineers;
(2) one land surveyor; and
(3) three members who represent the public.
(b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 6, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.102. MEMBER ELIGIBILITY.
(a) A person may not be a public member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency in the field of engineering 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.
(b) An engineer member of the board must:
(1) be a citizen of the United States and a resident of this state for at least 10 years before the date of appointment; and
(2) have been engaged in the practice of engineering for at least 10 years before the date of appointment.
(c) For purposes of Subsection (b)(2), a person who has graduated from an approved engineering school may be considered to have engaged in the practice of engineering for two years.
(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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 7, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(a-1) A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of engineering or 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.
(b) A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305 , Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 8, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.104. TERMS; VACANCY.
(a) Board members serve staggered six-year terms, with the terms of one-third of the members expiring each odd-numbered year.
(b) If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.106. GROUNDS FOR REMOVAL.
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office the qualifications required by Sections 1001.101 and 1001.102 ;
(2) does not maintain during service on the board the qualifications required by Sections 1001.101 and 1001.102 ;
(3) is ineligible for membership under Section 1001.102 or 1001.103 ;
(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 9, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.107. PER DIEM.
Each 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.108. OFFICERS.
The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor. The board shall elect annually from its members an assistant presiding officer, a treasurer, and a secretary.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 10, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.110. MEETINGS.
The board shall hold at least two regular meetings each year. Special meetings shall be held at the time provided by the board's bylaws.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.111. FILING OF OATH.
Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.112. TRAINING.
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) this chapter 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.
(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 11, eff. Sept. 1, 2003.
SUBCHAPTER D. BOARD PERSONNEL
Tex. OCC Code § 1001.151. PERSONNEL.
(a) The board shall employ clerical or other assistants as necessary to perform the board's work.
(b) A salary paid under this section may not exceed the salary paid for similar work in other departments.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.152. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of each nonentry level position with the board at least 10 days before the date of any public posting.
(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations of the board's employees based on measurable job tasks. All merit pay authorized by the executive director must be based on the system established under this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.153. DIVISION OF RESPONSIBILITIES.
The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.154. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.
The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.155. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21 , Labor Code; and
(2) an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1, 2003.
SUBCHAPTER E. BOARD POWERS AND DUTIES
Tex. OCC Code § 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 .
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.203. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.
(a) The board by rule shall prescribe standards for compliance with Subchapter A , Chapter 2254 , Government Code.
(b) Except as provided by Subsection (a), the board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board 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 personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the person; or
(4) restricts the person's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 13, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.204. FEES.
(a) The board shall establish fees in amounts reasonable and necessary to cover the costs of administering this chapter and Chapter 1071 , including:
(1) license, registration, and certification fees;
(2) renewal fee and late renewal fee;
(3) reciprocal license fee;
(4) duplicate license fee;
(5) roster fee;
(6) examination fee; and
(7) 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 .
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 15, eff. Sept. 1, 2003.
Tex. OCC Code § 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 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 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 .
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.208. ROSTER OF ENGINEERS AND LAND SURVEYORS.
(a) The board shall prepare and publish a roster of persons, including business entities, licensed, registered, certified, or enrolled by the board. The roster shall include the name, business address, and other identifying information required by board rule.
(b) The board shall make the roster available to the public without cost in an online computer database format.
(c) The board shall provide a physical copy of the roster on request and may charge a reproduction and shipping fee for providing a physical copy of the roster.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 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 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.210. CONTINUING EDUCATION PROGRAMS FOR ENGINEERS.
(a) The board shall recognize, prepare, or administer continuing education programs for engineers. An engineer must participate in the programs to the extent required by the board to keep the engineer's license.
(b) The board may not require an engineer to obtain more than 15 hours of continuing education annually. The board shall permit an engineer to certify at the time the license is renewed that the engineer has complied with the board's continuing education requirements.
(c) The board shall permit an engineer 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 may not receive more than five continuing education credit hours annually for engaging in self-directed study.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 17, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.211. RECORDS.
(a) The board shall maintain a record of its proceedings.
(b) The board's records shall be available to the public at all times.
(c) The board's records are prima facie evidence of the proceedings of the board set forth in the records. A transcript of the records certified by the secretary of the board under seal is admissible in evidence with the same effect as if it were the original.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.212. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO 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 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.213. SUBPOENA.
(a) The board may request and, if necessary, compel by subpoena:
(1) the attendance of a witness for examination under oath; and
(2) the production for inspection or copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter or Chapter 1071 .
(b) The board, acting through the attorney general, may bring an action to enforce a subpoena issued under Subsection (a) against a person who fails to comply with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a district court in:
(1) Travis County; or
(2) the county in which the board may hold a hearing.
(d) The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.214. TECHNOLOGY POLICY.
The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:
(1) ensure that the public is able to find information about the board on the Internet;
(2) ensure that persons who want to use the board's services are able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through the Internet; and
(3) be cost-effective and developed through the board's planning processes.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.215. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.
(a) The board shall develop and implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008 , Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under Chapter 2009 , Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under Subsection (a);
(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3) collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.216. ADVISORY COMMITTEES.
(a) The board shall appoint an advisory committee for the purpose of providing advice and recommendations to the board on matters related to the regulation of land surveying. The advisory committee must consist of five or more individuals appointed by the board, at least five of whom must be land surveyors.
(a-1) The advisory committee appointed under Subsection (a) may, on its own initiative or at the request of any interested person, prepare a written report or recommendation to the board on any surveying-related subject regulated by the board.
(a-2) The advisory committee appointed under Subsection (a) shall maintain a written public record of each subject discussed and action taken at the committee's meetings.
(b) The board may not adopt a rule related to the scope of practice of, the professional or technical standards for, or the standards of conduct and ethics for land surveyors before considering advice and recommendations from the advisory committee described in Subsection (a).
(c) The board may appoint additional advisory committees to provide advice and recommendations to the board on any other matter relevant to the administration of this chapter or Chapter 1071 .
Added by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.25, eff. September 1, 2019.
SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT PROCEDURES
Tex. OCC Code § 1001.251. CONSUMER INTEREST INFORMATION.
(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.
(b) The board shall make the information available to the public and appropriate state agencies.
(c) The board shall maintain on the board's Internet website:
(1) information regarding the procedure for filing a complaint with the board; and
(2) a form that a person may use to file a complaint with the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 19, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.252. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.
(a) The board shall adopt rules that permit the board to receive and investigate a confidential complaint against a person who may have violated this chapter or Chapter 1071 . The board shall maintain the confidentiality of the complaint during the investigation.
(b) The board by rule shall specify:
(1) the manner by which a person may contact the board for assistance in filing a complaint;
(2) the place at which a complaint must be filed;
(3) the proper form of a complaint; and
(4) the information that must be included in a complaint.
(c) The board's procedures must permit a member of the public who desires to file a complaint to:
(1) speak to an investigator on the staff of the board if the person desires to do so; or
(2) easily and conveniently access the board's complaint process without being required to speak to an investigator on the staff of the board if the person does not desire to speak to an investigator.
(d) The board shall consider any written grievance against a person filed with the board as a complaint.
(e) A complaint must include information sufficient for the board to determine whether it has the authority to resolve the complaint. A complaint that contains sufficient information for the board to commence an investigation is not required to include all of the information necessary for the board to determine the validity of the complaint.
(f) On receipt of a complaint, the board shall determine whether the board has the authority to resolve the complaint. If the board does not have the authority to resolve the complaint, the board shall dismiss the complaint. If the board has the authority to resolve the complaint, the board shall initiate a disciplinary proceeding against the person who is the subject of the complaint.
(g) The board by rule shall prescribe a method for prioritizing complaints for purposes of complaint investigation. In establishing priorities:
(1) a complaint that alleges an action that could potentially harm the public takes precedence over a complaint that does not allege an action that could potentially harm the public; and
(2) with regard to complaints that do not allege an action that could potentially harm the public, a complaint filed by a member of the public takes precedence over a complaint filed by the staff of the board.
(h) The board's staff is responsible for conducting all phases of complaint investigation, including gathering evidence necessary to determine the validity of the complaint.
(i) The board may employ or contract with advisors, consultants, engineers, or other persons to provide technical assistance in investigations and disciplinary proceedings. Except for an action involving fraud, conspiracy, or malice, a person whose services are obtained by the board under this subsection is immune from civil liability and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding made, or other action taken in the course of performing the person's official duties.
(j) The board's staff shall regularly report to the board on each complaint dismissed by board staff, including:
(1) the name of the complainant;
(2) the name of the person who is the subject of the complaint;
(3) the basis of the complaint; and
(4) the reason for the dismissal of the complaint.
(k) Except as provided by Subsection (l), a complaint filed with the board is public information.
(l) For any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. The information may be used only by the board or by its employees or agents directly involved in the enforcement process for that complaint. The information is not subject to discovery, subpoena, or other disclosure.
(m) In this section, "frivolous complaint" means a complaint that the executive director and investigator, with board approval, determined:
(1) was made for the purpose of harassment; and
(2) does not demonstrate harm to any person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.253. COMPLAINT INFORMATION.
(a) The board shall:
(1) assign a number to each complaint filed with the board; and
(2) ensure that each phase of the processing of a complaint is appropriately documented.
(b) The board shall maintain a file on each written complaint filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.
(c) The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution.
(d) The board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.254. STATISTICAL ANALYSIS OF COMPLAINTS.
(a) The board shall develop and maintain a complaint tracking system to monitor the processing of complaints filed with the board.
(b) The board shall include with the board's annual financial report under Section 2101.011 , Government Code, a statistical analysis of the complaints filed with the board during the preceding year, including:
(1) the number of complaints filed;
(2) a categorization of complaints filed according to the basis of the complaint and the number of complaints in each category;
(3) the number of complaints filed by board staff;
(4) the number of complaints filed by persons other than board staff;
(5) the average length of time required to resolve a complaint;
(6) the number of complaints resolved and the manner in which they were resolved, including:
(A) the number of complaints dismissed and the reasons for dismissal; and
(B) the number of complaints resulting in disciplinary action, the disciplinary action taken, and whether the disciplinary action taken was imposed by stipulation, agreed settlement, consent order, default, or order following a contested case hearing; and
(7) the number of complaints filed that are unresolved, the number of those complaints filed by board staff, the number of those complaints filed by persons other than board staff, and the average length of time that the unresolved complaints have been on file.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.255. PUBLIC PARTICIPATION.
The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, eff. Sept. 1, 2003.
SUBCHAPTER F-1. GENERAL LICENSE, REGISTRATION, AND CERTIFICATION REQUIREMENT
Tex. OCC Code § 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 .
Added by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.28, eff. September 1, 2019.
Tex. OCC Code § 1001.272. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.
(a) This section applies only to an applicant for a license or registration as an engineer, licensed state land surveyor, or registered professional land surveyor.
(b) 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.
(c) The board may not issue a license to a person who does not comply with the requirement of Subsection (b).
(d) 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.
(e) 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 5, eff. September 1, 2013.
Transferred, redesignated and amended from Occupations Code, Section 1001.3035 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.29, eff. September 1, 2019.
Tex. OCC Code § 1001.273. EXAMINATION RESULTS.
(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-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 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 25, eff. Sept. 1, 2003.
Transferred, redesignated and amended from Occupations Code, Section 1001.306 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.31, eff. September 1, 2019.
Tex. OCC Code § 1001.274. REEXAMINATION.
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 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Transferred and redesignated from Occupations Code, Section 1001.307 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.32, eff. September 1, 2019.
Tex. OCC Code § 1001.275. 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 27, eff. Sept. 1, 2003.
Transferred and redesignated from Occupations Code, Section 1001.352 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.32, eff. September 1, 2019.
Tex. OCC Code § 1001.276. PROCEDURE FOR RENEWAL.
(a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required 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 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 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 27, eff. Sept. 1, 2003.
Transferred, redesignated and amended from Occupations Code, Section 1001.353 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.33, eff. September 1, 2019.
Tex. OCC Code § 1001.277. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.
(a) This section applies only to an applicant for renewal of a license or registration as an engineer, licensed state land surveyor, or registered professional land surveyor.
(b) An applicant renewing a license 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 .
(c) The board may not renew the license of a person who does not comply with the requirement of Subsection (b).
(d) 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 for the initial issuance of the license; or
(2) this section as part of a prior license renewal.
Added by Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 6, eff. September 1, 2013.
Transferred, redesignated and amended from Occupations Code, Section 1001.3535 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.33, eff. September 1, 2019.
Tex. OCC Code § 1001.278. 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.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 28, eff. Sept. 1, 2003.
Transferred and redesignated from Occupations Code, Section 1001.354 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.34, eff. September 1, 2019.
Tex. OCC Code § 1001.279. INACTIVE STATUS.
(a) An engineer or land surveyor may request inactive status at any time. An engineer or land surveyor on inactive status may not practice engineering or land surveying, as applicable.
(b) An engineer or land surveyor on inactive status must pay a fee in an amount and at times prescribed by the board.
(c) An engineer or land surveyor 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 on inactive status must:
(1) file with the board a written notice requesting reinstatement to active status;
(2) pay the fee for the 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.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 28, eff. Sept. 1, 2003.
Transferred, redesignated and amended from Occupations Code, Section 1001.355 by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.35, eff. September 1, 2019.
SUBCHAPTER G. ENGINEERING LICENSE REQUIREMENTS
Tex. OCC Code § 1001.301. LICENSE REQUIRED.
(a) A person may not engage in the practice of engineering unless the person holds a license issued under this chapter.
(b) Except as provided by Subsection (f), a person may not, unless the person holds a license issued under this chapter, directly or indirectly use or cause to be used as a professional, business, or commercial identification, title, name, representation, claim, asset, or means of advantage or benefit any of, or a variation or abbreviation of, the following terms:
(1) "engineer";
(2) "professional engineer";
(3) "licensed engineer";
(4) "registered engineer";
(5) "registered professional engineer";
(6) "licensed professional engineer"; or
(7) "engineered."
(c) Except as provided by Subsection (f), a person may not directly or indirectly use or cause to be used an abbreviation, word, symbol, slogan, or sign that tends or is likely to create an impression with the public that the person is qualified or authorized to engage in the practice of engineering unless the person holds a license and is practicing under this chapter.
(d) A person may not receive any fee or compensation or the promise of any fee or compensation for engaging in the practice of engineering unless the person holds a license issued under this chapter.
(e) A person, sole proprietorship, firm, partnership, association, or corporation that engages in or offers or attempts to engage in conduct described by this section is conclusively presumed to be engaged in the practice of engineering.
(f) Notwithstanding the other provisions of this chapter, a regular employee of a business entity who is engaged in engineering activities but is exempt from the licensing requirements of this chapter under Sections 1001.057 or 1001.058 is not prohibited from using the term "engineer" on a business card, cover letter, or other form of correspondence that is made available to the public if the person does not:
(1) offer to the public to perform engineering services; or
(2) use the title in any context outside the scope of the exemption in a manner that represents an ability or willingness to perform engineering services or make an engineering judgment requiring a licensed professional engineer.
(g) Subsection (f) does not authorize a person to use a term listed in Subsections (b)(2)-(6) or a variation or abbreviation of one of those terms.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 22, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.302. LICENSE ELIGIBILITY REQUIREMENTS.
(a) An applicant for a license under this chapter must submit evidence satisfactory to the board showing at least that the applicant has:
(1) graduated from:
(A) an engineering curriculum approved by the board as having satisfactory standing; or
(B) an engineering or related science curriculum at a recognized institution of higher education, other than a curriculum approved by the board under Paragraph (A);
(2) passed the examination requirements prescribed by the board; and
(3) engaged in the active practice of engineering for at least:
(A) four years, if the applicant graduated from a curriculum described by Subdivision (1)(A); or
(B) eight years, if the applicant graduated from a curriculum described by Subdivision (1)(B).
(b) To satisfy the requirement of Subsection (a)(3), an applicant must submit a specific record showing engineering work of a character satisfactory to the board indicating that the applicant is competent to be placed in responsible charge of that work.
(c) For purposes of determining an applicant's qualifications under Subsection (a)(3), the board may not consider as active practice in engineering work:
(1) engineering teaching;
(2) the mere execution, as a contractor, of work designed by an engineer; or
(3) the supervision, as a foreman or superintendent, of the construction of work designed by an engineer.
(d) A person is not eligible to be licensed as an engineer unless the person is of good character and reputation.
(e) A person who has the necessary license qualifications described by this chapter is eligible for the license regardless of whether the person is practicing at the time the person applies for the license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.003(a), eff. Sept. 1, 2003.
Tex. OCC Code § 1001.303. APPLICATION FOR LICENSE.
(a) An applicant for a license under this chapter must submit an application on a form prescribed and provided by the board.
(b) The application must contain:
(1) personal information about the applicant, as required by board rule;
(2) a description of the applicant's education;
(3) a detailed summary of the applicant's actual engineering work;
(4) a description of any engineering license or registration previously issued to the applicant and any denial, revocation, or suspension of an engineering license or registration held by the applicant;
(5) a description of any criminal offense of which the applicant has been convicted; and
(6) at least three references from engineers having personal knowledge of the applicant's character, reputation, general suitability for a license, and engineering experience.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 23, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.304. EXAMINATION.
(a) The board shall administer examinations to determine the qualifications of applicants for a license.
(b) The board shall prescribe the scope of the examination and the methods of procedure with special reference to an applicant's ability to design and supervise engineering works to ensure the safety of life, health, and property.
(c) On payment of the examination fee, the board shall administer an oral or written examination to a qualified applicant at a time and place determined by the board.
(d) The board by rule shall ensure that the examination is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), and its subsequent amendments.
(e) The board shall:
(1) adopt policies and guidelines detailing the procedures for the examination process, including examination admission, examination administration, and national examination requirements; and
(2) post on the board's Internet website the policies that reference the examination procedures of the board or, if applicable, the national organization selected by the board to administer an examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 24, eff. Sept. 1, 2003.
Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 3, eff. September 1, 2013.
Tex. OCC Code § 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.308. ISSUANCE OF LICENSE.
(a) On payment of the license fee, the board shall issue a license authorizing the practice of engineering to an applicant who, in the board's opinion, has met all the requirements of this subchapter.
(b) A license shall:
(1) show the full name of the license holder;
(2) have a serial number; and
(3) be signed by the presiding officer and the secretary of the board under the board's seal.
(c) A license is evidence that the person named on the license is entitled to all rights and privileges of an engineer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.309. CERTIFICATION OR ENROLLMENT OF ENGINEERS-IN-TRAINING.
(a) The board shall certify or enroll as an engineer-in-training an applicant who meets the requirements of Subsection (b) if the applicant is otherwise qualified.
(b) The board shall consider as minimum evidence that an applicant is qualified for certification or enrollment as an engineer-in-training if the applicant:
(1) complies with the education and character requirements of Section 1001.302 ; and
(2) has passed the board's examination in the fundamentals of engineering.
(c) The fee for an engineer-in-training certificate or enrollment must accompany the application.
(d) The certification or enrollment of an engineer-in-training is valid for eight years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 4, eff. September 1, 2013.
Tex. OCC Code § 1001.310. TEMPORARY OR PROVISIONAL LICENSE.
(a) The board by rule may adopt standards and procedures for issuing a temporary or provisional license under this chapter.
(b) The board may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:
(1) has been licensed in good standing as an engineer for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination recognized by the board relating to the practice of engineering; and
(3) is sponsored by a person licensed by the board under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license.
(c) The board may waive the requirement of Subsection (b)(3) for an applicant if the board determines that compliance with that subsection would be a hardship to the applicant.
(d) A provisional license is valid until the date the board approves or denies the provisional license holder's application for a license. The board shall issue a license under this chapter to the provisional license holder if:
(1) the provisional license holder is eligible to be licensed under Section 1001.311 (b); or
(2) the provisional license holder meets the following requirements:
(A) the provisional license holder passes an examination that tests the provisional license holder's knowledge and understanding of the laws and rules relating to the practice of engineering in this state;
(B) the board verifies that the provisional license holder meets the academic and experience requirements for a license under this chapter; and
(C) the provisional license holder satisfies any other licensing requirements under this chapter.
(e) The board must approve or deny a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued. The board may extend the 180-day period if the results of an examination have not been received by the board before the end of that period.
(f) The board may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 25, eff. Sept. 1, 2003.
Tex. OCC Code § 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 25, eff. Sept. 1, 2003.
Tex. OCC Code § 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER H. ENGINEERING LICENSE OR REGISTRATION RENEWAL
Tex. OCC Code § 1001.351. LICENSE OR REGISTRATION TERM AND RENEWAL.
(a) The board shall adopt rules providing for the renewal of a license or registration issued under this chapter. The rules must provide that a license or registration issued under this chapter is valid for a term of not less than two years.
(b) The board by rule may adopt a system under which licenses and registrations expire on various dates during the year. For the year in which the license or registration expiration date is changed, the board shall prorate license or registration fees on a monthly basis so that each license or registration holder pays only that portion of the license or registration fee that is allocable to the number of months during which the license or registration is valid. On renewal of the license or registration on the new expiration date, the total license or registration renewal fee is payable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 26, eff. Sept. 1, 2003.
SUBCHAPTER I. PRACTICE OF ENGINEERING
Tex. OCC Code § 1001.401. USE OF SEAL.
(a) On receiving a license, a license holder shall obtain a seal in a design authorized by the board, showing the license holder's name and the legend "Licensed Professional Engineer" or "Registered Professional Engineer."
(b) A plan, specification, plat, or report issued by a license holder for a project to be constructed or used in this state must include the license holder's seal placed on the document. A license holder is not required to use a seal required by this section if the project is to be constructed or used in another state or country.
(c) A person may not place a seal on a document if the license of the license holder named on the seal has expired or has been suspended or revoked.
(d) A license holder is not required to use a seal under this section for a project for which the license holder is not required to hold a license under an exemption provided by Subchapter B.
(e) A license holder shall not be required to provide or hold any additional certification, other than a license issued under this chapter, to seal an engineering plan, specification, plat, or report.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649 ), Sec. 3, eff. June 19, 2009.
Tex. OCC Code § 1001.402. ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS.
A public official of the state or of a political subdivision of the state who is responsible for enforcing laws that affect the practice of engineering may accept a plan, specification, or other related document only if the plan, specification, or other document was prepared by an engineer, as evidenced by the engineer's seal.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.403. PROFESSIONAL IDENTIFICATION.
A person licensed under this chapter shall use the term "Engineer," "Professional Engineer," or "P.E." 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.404. ELIGIBILITY FOR APPOINTED STATE POSITION.
An engineer is eligible to hold any appointive engineering position with the state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.405. PRACTICE BY BUSINESS ENTITY; REGISTRATION.
(a) In this section, "business entity" includes a sole proprietorship, firm, partnership, corporation, or joint stock association.
(b) A business entity may not engage in the practice of engineering in this state unless:
(1) the business entity is registered with the board; and
(2) the practice is carried on only by engineers.
(c) A business entity may register under this section by filing an application with the board on a form provided by the board. In addition to any other information required by board rule, the application must list the name and address of each officer or director of the business entity and each engineer who engages in the practice of engineering on behalf of the business entity.
(d) The registration of a business entity issued under this section is valid for the term provided by board rule adopted under Section 1001.351 and may be renewed by the filing of an updated application under Subsection (c).
(e) A business entity may not represent to the public that it is engaged in the practice of engineering under any business name or use or cause to be used the term "engineer," "engineering," "engineering services," "engineering company," "engineering, inc.," "professional engineers," "licensed engineer," "registered engineer," "licensed professional engineer," "registered professional engineer," or "engineered," or any abbreviation or variation of those terms, or directly or indirectly use or cause to be used any of those terms in combination with other words, letters, signs, or symbols as a part of any sign, directory, listing, contract, document, pamphlet, stationery, advertisement, signature, or business name unless:
(1) the business entity is registered under this section;
(2) the business entity is actively engaged in the practice of engineering; and
(3) each service, work, or act performed by the business entity that is part of the practice of engineering is either personally performed by an engineer or directly supervised by an engineer who is a regular full-time employee of the business entity.
(f) This section does not prohibit an engineer from performing engineering services on a part-time basis.
(g) Notwithstanding the other provisions of this section, the board by rule may provide that a business entity that has not previously registered with the board and that is engaged in the practice of engineering in violation of Subsection (b) is not subject to disciplinary action for the violation if the business entity registers with the board not later than the 30th day after the date the board gives written notice to the business entity of the registration requirement. This subsection does not apply to a business entity whose registration has expired.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 29, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.406. GRADUATE ENGINEERS.
(a) A graduate of a university recognized by the American Association of Colleges and Universities who has a degree from an engineering program accredited by the Accreditation Board for Engineering and Technology (ABET) has the right to:
(1) disclose any college degree received by the person; and
(2) use the term "graduate engineer" on the person's stationery or business cards or in personal communications of any character.
(b) A graduate engineer who is employed in a firm registered under this chapter and who is working under the direct supervision of a licensed professional engineer may use the term "engineer" on the person's stationery or business cards or in personal communications of any character.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 30, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS.
The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless:
(1) the engineering plans, specifications, and estimates have been prepared by an engineer; and
(2) the engineering construction is to be performed under the direct supervision of an engineer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER J. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES
Tex. OCC Code § 1001.451. DISCIPLINARY POWERS OF BOARD.
On a determination that a ground for disciplinary action exists under Section 1001.452 , the board may:
(1) deny an application for a license;
(2) revoke, suspend, or refuse to renew a license;
(3) probate the suspension of a license; or
(4) formally or informally reprimand a license holder.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.453. REVIEW OF LICENSE HOLDER'S STATUS.
(a) The board by rule may review the status of a license holder the board believes:
(1) may have been issued a license through fraud or error; or
(2) may constitute a threat to the public health, safety, or welfare.
(b) The board may suspend or revoke a license held by a person whose status is reviewed under this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.454. RIGHT TO HEARING.
(a) If the board proposes to suspend or revoke a person's license, the person is entitled to a hearing.
(b) Proceedings for the suspension or revocation of a license are governed by Chapter 2001 , Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.455. APPEAL OF LICENSE REVOCATION.
A person whose license has been revoked may file suit to annul or vacate the board's order revoking the license. The person may file the suit in the district court of the county in which:
(1) the person resides; or
(2) the alleged conduct that is the ground for revocation occurred.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.456. REISSUANCE OF REVOKED LICENSE.
The board may reissue a license to a person whose license has been revoked if the board has sufficient reason to reissue the license. At least six board members must vote for reissuance of the license. A new license may be issued in accordance with board rules.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER K. ADMINISTRATIVE PENALTY
Tex. OCC Code § 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 .
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.502. AMOUNT OF ADMINISTRATIVE PENALTY.
(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.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of the prohibited act; and
(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts or resistance to efforts to correct the violation; and
(6) any other matter that justice may require.
(c) The board may include in the amount of the penalty the actual costs of investigating and prosecuting the violation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 8, eff. September 1, 2013.
Tex. OCC Code § 1001.503. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Not later than the 30th day after the date the board's order becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; or
(3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow account; or
(B) giving to the court a supersedeas bond that is approved by the court and that is:
(i) for the amount of the penalty; and
(ii) effective until judicial review of the board's order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the executive director by certified mail.
(c) If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d) The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or give a supersedeas bond.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.504. COLLECTION OF PENALTY.
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.505. DETERMINATION BY COURT.
(a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b) If a court does not sustain the determination that a violation occurred, the court shall order that an administrative penalty is not owed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.506. REMITTANCE OF PENALTY AND INTEREST.
(a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall:
(1) order the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty; or
(2) order the release of the bond:
(A) if the person gave a supersedeas bond and the penalty is not upheld by the court; or
(B) after the person pays the penalty if the person gave a supersedeas bond and the penalty is reduced.
(b) The interest paid under Subsection (a)(1) is at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.508. ADMINISTRATIVE PROCEDURE.
(a) A proceeding under this subchapter is subject to Chapter 2001 , Government Code.
(b) The board shall adopt rules of procedure for imposing an administrative penalty. The rules must conform to the requirements of Chapter 2001 , Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER L. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Tex. OCC Code § 1001.551. INJUNCTION.
(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 .
(b) An action under this section must be brought in a district court of Travis County.
(c) To sustain an action under this section, the board is not required to allege or prove that:
(1) an adequate remedy at law does not exist; or
(2) substantial or irreparable damage would result from the continued violation.
(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.
(e) Either party to an action under this section may appeal to the appellate court with jurisdiction of the action.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.552. CRIMINAL PENALTY.
(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 license.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.553. REPORT OF VIOLATION.
A public official shall report a violation of this chapter or Chapter 1071 to the proper authorities.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 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 .
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.555. ATTORNEY GENERAL AS LEGAL ADVISOR; REPRESENTATION BY ATTORNEY GENERAL.
(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 effective; and
(3) represent the board in an action brought to enforce this chapter or Chapter 1071 .
(b) This section does not affect the duties of local prosecuting officers.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Tex. OCC Code § 1001.556. APPEAL BOND.
The board is not required to give an appeal bond in a cause arising under this chapter or Chapter 1071 .
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER M. ADVISORY OPINIONS
Tex. OCC Code § 1001.601. BOARD ADVISORY OPINIONS.
(a) On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion about:
(1) an interpretation of this chapter or Chapter 1071 ; or
(2) the application of this chapter or Chapter 1071 to a person in regard to a specified existing or hypothetical factual situation.
(b) The board shall respond to requests for opinions within 180 days unless the board affirmatively states the board's reason:
(1) for not responding to the request within 180 days; or
(2) for not responding to the request at all.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.602. MAINTENANCE OF OPINIONS; SUMMARY.
The board shall:
(1) number and classify each advisory opinion issued under this subchapter; and
(2) annually compile a summary of the opinions in a single reference document that is available on the Internet.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.603. ATTORNEY GENERAL'S OPINIONS.
The authority of the board to issue an advisory opinion under this subchapter does not affect the authority of the attorney general to issue an opinion as authorized by law.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.604. RELIANCE ON ADVISORY OPINION.
It is a defense to prosecution or to imposition of a civil penalty that a person reasonably relied on a written advisory opinion of the board relating to:
(1) the provision of the law the person is alleged to have violated; or
(2) a fact situation that is substantially similar to the fact situation in which the person is involved.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
Tex. OCC Code § 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.08, eff. September 1, 2019.
Tex. OCC Code § 1001.2035. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The board shall adopt rules and guidelines as necessary to comply with Chapter 53 .
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 14, eff. Sept. 1, 2003.
Tex. OCC Code § 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 1.30, eff. September 1, 2019.
Tex. OCC Code § 1001.4525. PROBATION.
(a) If a person's license suspension is probated, the board may require the person to:
(1) report regularly to the board on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
(b) The board by rule shall adopt written guidelines to ensure that probation is administered consistently.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 31, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.4526. RESTITUTION.
(a) Subject to Subsection (b), 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 imposing an administrative penalty under this chapter.
(b) The amount of restitution ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the person for a service regulated by this chapter. The board may not require payment of other damages or estimate harm in a restitution order.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 31, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.4527. RECUSAL OF BOARD MEMBER.
(a) A board member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint:
(1) may not vote on the matter at a board meeting related to the complaint; and
(2) shall state at the meeting why the member is prohibited from voting on the matter.
(b) A statement under Subsection (a)(2) shall be entered into the minutes of the meeting.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 31, eff. Sept. 1, 2003.
Tex. OCC Code § 1001.4528. EMERGENCY SUSPENSION.
(a) The board or a three-member panel of board members designated by the board shall temporarily suspend the license, certificate, or registration of a person if the board or panel determines from the evidence or information presented to it that continued practice by the person would constitute a continuing and imminent threat to the public welfare.
(b) A license, certificate, or registration may be suspended under this section without notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a hearing before the State Office of Administrative Hearings simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this chapter and Chapter 2001 , Government Code.
(c) The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 14th day after the date of the temporary suspension to determine if there is probable cause to believe that a continuing and imminent threat to the public welfare still exists. A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension.
Added by Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 7, eff. September 1, 2013.
Tex. OCC Code § 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204 ), Sec. 9, eff. September 1, 2013.