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Proposed Board Rules
Posted September 18, 2015

The deadline for comments is October 18, 2015.

The following proposed rule changes are published in the September 18, 2015 Version of the Texas Register.
Any comments pertaining to these proposed rules may be submitted prior to October 18, 2015 to the Texas Board of Professional Engineers at:rules@engineers.texas.gov, 1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.

§131.37.State Contract Guidelines
§131.85.Board Rules Procedures
§133.21.Application for Standard License
§133.23.Applications from Former Standard License Holders
§133.25.Application from Engineering Educators
§133.81.Receipt and Processing of Applications by the Board
§133.87.Final Action on Applications
§133.97.Issuance of License
§137.7 License Expiration and Renewal
§137.9 Renewal for Expired License
§137.11.Expiration and Licensed in Another Jurisdiction
§137.13 Inactive Status
§137.19 Engineers Qualified to be Texas Windstorm Inspectors


 §131.37 State Contract Guidelines

Pursuant to Texas Government Code, §2261.253, the executive director or his/her representative shall establish a written procedure to identify each contract that requires enhanced contract or performance monitoring and submit information on the contract to the Board.

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§131.85 Board Rules Procedures

(a) Amendments, Deletions, and Additions of Rules. Proposed amendments, deletions, or additions to the board rules of practice and procedure may be submitted by the staff or any board member. Board action to accept or amend the proposal shall require a majority vote when a quorum is present at a meeting. A proposal or amended proposal, as accepted by the board, can be promulgated as an amendment, deletion, or addition to board rules by following the procedures set out in 2001 and 2002, Government Code.

(b) Petition for Adoption of Rules. The board shall accept a petition from an interested person as defined in Texas Government Code, Chapter 2001, submitted by at least 25 persons or by an association having at least 25 members to adopt, delete, or amend a rule. For a petition under this section, at least 51 percent of the total number of signatures required must be of residents of this state. The petition must be filed with the executive director at least 30 days and not more than 60 days prior to a regular board meeting at which board action will be taken. Such a petition will include, but need not be limited to, the following.

(1) Identity information. Full name and complete mailing address and telephone number of the petitioner on whose behalf the petition is filed.

(2) Reference. Reference to the rule which it is proposed to make, change or amend, or delete, so that it may be identified and prepared in a manner to indicate the word, phrase, or sentence to be added, changed, or deleted from the current text, if any. The proposed rule should be presented in the exact form in which it is to be published, adopted, or promulgated.

(3) A suggested effective date. The desired effective date should be stated.

(4) Justification. Justification for the proposed action in narrative form with sufficient particularity to fully inform the board and any interested party of the facts upon which the petitioner relies, including the statutory authority for the promulgation of the proposed rule.

(5) Desired effect of proposal. Include a brief statement detailing the desired effect to be achieved by the proposed rule, change, or amendment or deletion.

(6) Summary. A concise summary of the proposed rule, change, or amendment.

(7) Signatures. Signatures on the petition of the petitioners and/or the attorney or representative of the petitioners.

(8) Fee. Any fee required by statute or board rules.

(c) - (g) (No change.)

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§133.21 Application for Standard License

(a) - (c) (No change.)

(d) Applicants for a license shall submit:

(1) an application in a format prescribed by the board and shall:

(A) list his or her full, legal and complete name without abbreviations, nicknames, or other variations of the full legal name. If applicable, the applicant shall submit proof of a legal name change including but not limited to a marriage certificate, passport, current Driver's License issued by the State of Texas, court documents, or nationalization documents to substantiate other documentation submitted in the application; and

(B) list social security number, as required under the Texas Family Code, §231.302;

(2) current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;

(3) proof of educational credentials pursuant to §133.33 or §133.35 of this chapter (relating to Proof of Educational Qualifications);

(4) supplementary experience record as required under §133.41 of this chapter (relating to Supplementary Experience Record);

(5) reference statements as required under §133.51 of this chapter (relating to Reference Providers);

(6) documentation of passage of examination(s), which may include official verifications from the National Council of Examiners for Engineering and Surveying (NCEES) or other jurisdictions as required under §133.61(g) of this chapter (relating to Engineering Examinations), if applicable;

(7) verification of a current license, if applicable;

(8) a completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter (relating to Professional Conduct and Ethics Examination);

(9) scores of TOEFL, if applicable;

(10) information regarding any criminal history including any judgments, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a format prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges;

(11) documentation of submittal of fingerprints for criminal history record check as required by §1001.3035 of the Act; and

(12) if applicable, written requests for waivers of the examinations on the fundamentals and/or principles and practices of engineering, the TOEFL, or a commercial evaluation of non-accredited degrees and a statement supporting the request(s).

(e) - (h) (No change.)

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§133.23 Applications from Former Standard License Holders

(a) A former standard license holder, whose original license has been expired for two or more years and who meets the current requirements for licensure, may apply for a new license. This section does not apply to a former holder of a temporary license.

(b) A former standard license holder applying for a license under the current law and rules must have the documentation requested in §133.21 of this chapter (relating to Application) recorded and on file with the board and may request in writing that any transcripts, reference statements, evaluations, supplementary experience records or other similar documentation previously submitted to the board be applied toward the new application. The applicant shall:

(1) submit a new application in a format prescribed by the board;

(2) pay the application fee established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;

(3) submit a completed Texas Engineering Professional Conduct and Ethics examination;

(4) submit a supplementary experience record that includes at least the last four years of engineering experience, which may include experience before the previous license expired;

(5) submit also at least one reference statement conforming to §133.51 of this chapter (relating to Reference Providers), in which a professional engineer shall verify at least four years of the updated supplementary experience record; and

(6) documentation of submittal of fingerprints for criminal history record check as required by §1001.3035 of the Act, unless previously submitted to the board.

(c) - (d) (No change.)

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§133.25 Application from Engineering Educators

(a) - (b) (No change.)

(c) An engineering educator, applying under the alternate process, shall submit:

(1) an application in a format prescribed by the board;

(2) a supplementary experience record:

(A) For tenured faculty (or those approved for promotion), submit a dossier including a comprehensive resume or curriculum vitae containing educational experience, engineering courses taught, and description of research and scholarly activities in lieu of the supplementary experience record;

(B) For non-tenured faculty, a standard supplementary experience record with courses taught and/or other engineering experience shall be submitted;

(3) reference statements or letters from currently licensed professional engineers who have personal knowledge of the applicant's teaching and/or other creditable engineering experience. A reference provider may, in lieu of the reference statement, submit a letter of recommendation that, at a minimum, testifies to the credentials and abilities of the educator. The reference statements or letters of recommendation can be from colleagues within the department, college, or university; from colleagues from another university; or professional engineers from outside academia;

(4) proof of educational credentials pursuant to §133.33 or §133.35 of this chapter (relating to Proof of Educational Qualifications);

(5) a completed Texas Professional Conduct and Ethics Examination;

(6) current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;

(7) Information regarding any criminal history including any judgments, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a format prescribed by the board, together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges;

(8) documentation of submittal of fingerprints for criminal history record check as required by §1001.3035 of the Act;

(9) documentation of passage of examination(s), which may include official verifications from the National Council of Examiners for Engineering and Surveying (NCEES) or other jurisdictions as required under §133.61(g) of this chapter (relating to Engineering Examinations), if applicable; and

(10)written requests for waivers of the examinations on the fundamentals and/or principles and practices of engineering, if applicable.

(d) - (e) (No change.)

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§133.81 Receipt and Processing of Applications by the Board

(a) Upon receipt of an application for licensure and application fee at the board office, the board shall initiate a review of the credentials submitted. Applicants who meet the licensure requirements [and pay the Professional Fee in accordance with §1001.206 of the Act] shall be issued a license. Applicants who fail to meet one or more of the licensure requirements shall be denied a license.

(b) - (g) (No change.)

(h) Pursuant to Chapter 55, [§55.005] Texas Occupations Code, an application for license from a military service member, military veteran or military spouse shall be processed and reviewed as soon as practicable in accordance with subsection (a) of this section. All other applications will be processed in the order they were received.

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§133.87 Final Action on Applications

(a) Upon approval of an application by the executive director, the licensing committee, or the board in a manner provided in this subchapter, the executive director shall:

(1) issue a license subject to the applicant's taking and passing the examination on the principles and practice of engineering according to §133.67 of this chapter (relating to Examination on the Principles and Practice of Engineering) [and paying the Professional Fee in accordance with §1001.206 of the Act]; or

(2) issue a license to an applicant who has passed the examination on the principles and practice of engineering or who has had that examination waived [and has paid the Professional Fee in accordance with §1001.206 of the Act].

(b) - (e) (No change.)

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§133.97 Issuance of License

(a) A license as a professional engineer shall be issued upon the approval of the application pursuant to §133.87(a) of this chapter (relating to Final Action on Applications).

[(b) The Professional Fee paid in accordance with §1001.206 of the Act at the time of license issuance is applied toward the required licensing fee for the first partial year of licensure.]

(b) [(c)] The new license holder shall be assigned a serial number issued consecutively in the order of approval.

(c) [(d)] The executive director shall notify the new license holder in writing of:

(1) the license issuance;

(2) the license serial number;

(3) the instructions to obtain a seal; and

(4) the instructions to return a seal imprint and a recent, wallet-size, portrait photograph.

(d) [(e)] Within 60 days from the written notice from the executive director of license issuance, the new license holder shall:

(1) obtain a seal(s);

(2) place the seal imprint(s) on the form provided by the board and return it to the board office; and

(3) furnish a wallet-size portrait photograph for the board's files.

(e) [(f)] Failure to comply with paragraph (d) [(e)] of this section is a violation of board rules and shall be subject to sanctions.

(f) [(g)] The printed license shall bear the signature of the chair and the secretary of the board, bear the seal of the board, and bear the full name and license number of the license holder.

(g) [(h)] The printed license shall be uniform and of a design approved by the board. Any new designs for a printed license shall be made available to all license holders upon request and payment of a replacement certificate fee.

(h) [(i)] A license issued by the board is as a professional engineer, regardless of branch designations or specialty practices. Practice is restricted only by the license holder's professional judgment and applicable board rules regarding professional practice and ethics.

(i) [(j)] The records of the board shall indicate a branch of engineering considered by the board or license holder to be a primary area of competency. A license holder shall indicate a branch of engineering by providing:

(1) a transcript showing a degree in the branch of engineering;

(2) a supplementary experience record documenting at least 4 years of experience in the branch of engineering and verified by at least one PE reference provider that has personal knowledge of the license holder's character, reputation, suitability for licensure, and engineering experience; or

(3) verification of successful passage of the examination on the principles and practice of engineering in the branch of engineering.

(j) [(k)] A license holder may request that the board change the primary area of competency or indicate additional areas of competency by providing one or more of the items listed in paragraphs (1) - (3) of this subsection:

(1) a transcript showing an additional degree in the new branch other than the degree used for initial licensure;

(2) a supplementary experience record documenting at least 4 years of experience in the new branch verified by at least one PE reference provider who has documented competence in the engineering discipline being added that has personal knowledge of the license holder's character, reputation, suitability for licensure, and engineering experience; or

(3) verification of successful passage of the examination on the principles and practice of engineering in the new branch.

(k) [(l)] All requests relating to branch listings for areas of competency require the review and approval of the executive director or the executive director's designee.

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§137.7 License Expiration and Renewal

(a) Pursuant to §1001.352 of the Act, the license holder must renew the license annually to continue to practice engineering under the provisions of the Act. If the license renewal requirements are not met by the expiration date of the license, the license shall expire and the license holder may not engage in engineering activities that require a license until the renewal requirements have been met.

(b) Pursuant to §1001.352 of the Act, the board will mail a renewal notice to the last recorded address of each license holder at least 30 days prior to the date a person's license is to expire. Regardless of whether the renewal notice is received, the license holder has the sole responsibility to pay the required renewal fee together with any applicable [increase in fees or] late fees at the time of payment.

(c) A license holder may renew a license by submitting:

(1) the required annual renewal fee[, including applicable increase in fees as required by §1001.206 of the Act]. Payment may be made by personal, company, or other checks drawn on a United States bank (money order or cashier's check), or by electronic means, payable in United States currency;

(2) the continuing education program documentation as required in §137.17 of this chapter (relating to Continuing Education Program) to the board prior to the expiration date of the license; and

(3) documentation of submittal of fingerprints for criminal history record check as required by §1001.3535 of the Act, unless previously submitted to the board.

[(d) Pursuant to authority in §1001.205(b) and §1001.206(c) of the Act, the board has established the renewal fee for the following categories of licenses that do not require the increase in professional fees:]

[(1) a license holder who is 65 years of age or older;]

[(2) a license holder who is disabled with a mental or physical impairment that substantially limits the ability of the person to earn a living as an engineer excluding an impairment caused by an addiction to the use of alcohol, illegal drugs, or controlled substance;]

[(3) a license holder who meets the exemption from licensure requirement of §1001.057 or §1001.058 of the Act but does not claim that exemption;]

[(4) a license holder who is not practicing engineering and has claimed inactive status with the board in accordance with the requirements of §137.13 of this chapter (relating to Inactive Status).]

(d) [(e)] Licenses will expire according to the following schedule:

(1) Licenses originally approved in the first quarter of a calendar year will expire on December 31.

(2) Licenses originally approved in the second quarter of a calendar year will expire on March 31.

(3) Licenses originally approved in the third quarter of a calendar year will expire on June 30.

(4) Licenses originally approved in the fourth quarter of a calendar year will expire on September 30.

(e) [(f)] A temporary license may only be renewed twice for a total duration of three years, after which the former license holder may apply for a new temporary or a standard license as provided in the current Act and applicable board rules.

(f) [(g)] A license holder who, at the time of his or her annual renewal, has any unpaid administrative penalty owed to the Board or who has failed to comply with any term or condition of a Consent Order, Agreed Board Order, or a Final Board Order shall not be allowed to renew his or her license to practice engineering until such time as the administrative penalty is paid in full or the term or condition is satisfied unless otherwise authorized by the Consent Order, Agreed Board Order, or a Final Board Order.

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§137.9 Renewal for Expired License

(a) A license holder may renew a license that has expired for 90 days or less by submitting to the board the required annual renewal fee, a late renewal fee[, any increase in fees as required by §1001.206 of the Act,] and the continuing education program documentation as required in §137.17 of this chapter.

(b) A license holder may renew a license that has expired for more than 90 days but less than one year by submitting to the board the required annual renewal fee, a late renewal fee[, any increase in fees as required by §1001.206 of the Act,] and the continuing education program documentation as required in §137.17 of this chapter (relating to Continuing Education Program).

(c) A license holder may renew a license that has expired for more than one year but less than two years by submitting to the board the required annual renewal fee, a late renewal fee[, any increase in fees as required by §1001.206 of the Act,] and the continuing education program documentation as required in §137.17 of this chapter for each delinquent year or part of a year.

(d) A license which has been expired for two years may not be renewed, but the former license holder may apply for a new license as provided in the current Act and applicable board rules. Military service members, as defined in Texas Occupations Code, §55.001(4), may be granted up to two years of additional time to renew a license.

(e) - (g) (No change.)

(h) Pursuant to Texas Occupations Code Chapter 55 [§55.002], a license holder is exempt from any [increased fee or other] penalty imposed in this section for failing to renew the license in a timely manner if the license holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license holder failed to renew in a timely manner because the license holder was serving as a military service member as defined in Texas Occupations Code, §55.001(4) [on active duty in the United States armed forces outside Texas].

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§137.11.Expiration and Licensed in Another Jurisdiction.

(a) A person who was licensed in Texas and moved to another state and, for the two years preceding the date of application for an out-of-state renewal, who is currently licensed and has been practicing engineering in the other state may apply for a new license pursuant to this section.

(b) A person meeting the criteria in subsection (a) of this section is exempt from examination requirements.

(c) To apply for renewal, the former license holder meeting the criteria in subsection (a) of this section, must fill out an out-of-state renewal application form, submit documentation demonstrating licensure in the other state, pay a renewal fee that is equal to two times the normally required renewal fee for the license, [pay any increase in fees as required by §1001.206 of the Act as applicable,] and submit documentation demonstrating compliance with the continuing education program requirements for an expired license as prescribed in §137.17 of this chapter (relating to Continuing Education Program).

(d) Any license issued to a former Texas license holder under this section shall be assigned a new serial number.

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§137.13 Inactive Status

(a) A license holder may request in writing to change the status of the license to "inactive" at any time. A license holder whose license is inactive may not practice engineering. A license holder who has requested inactive status [shall not be required to pay the fee increase per §1001.206 of the Act and] shall not receive any refunds for licensing fees previously paid to the board.

(b) A license holder whose license is inactive must pay an annual fee as established by the board at the time of the license renewal. If the inactive fee is not paid by the date a person's license is to expire, the inactive renewal fee for the expired license shall be increased in the same manner as for an active license renewal fee.

(c) A license holder whose license is inactive is not required to:

(1) comply with the continuing education requirements adopted by the board; or

(2) take an examination for reinstatement to active status.

(d) To return to active status, a license holder whose license is inactive must:

(1) submit a request in writing for reinstatement to active status;

(2) pay the fee for annual renewal [and the fee increase required by §1001.206 of the Act], as applicable;

(3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.3535 of the Act, unless previously submitted to the board; and

(4) comply with the continuing education program requirements for inactive license holders returning to practice as prescribed in §137.17(o) of this chapter (relating to Continuing Education Program).

(e) - (h) (No change.)

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.


§137.19 Engineers Qualified to be Texas Windstorm Inspectors

(a) Pursuant to Texas House Bill 2439, 84th Legislature, Regular Session (2015) and §1001.652 of the Act as it existed on August 31, 2015, which is continued in effect until January 1, 2017, the board shall create and maintain a roster of windstorm inspector candidates composed of licensed engineers who have demonstrated the knowledge, understanding, and professional competence to be qualified to provide engineering design services related to compliance with applicable windstorm certification standards under Subchapter F, Chapter 2210, Insurance Code.

(b) - (g) (No change.)

Any comments pertaining to this proposed rule may be submitted prior to October 18, 2015 to:
Texas Board of Professional Engineers at: rules@engineers.texas.gov
1917 S. Interstate 35, Austin, Texas 78741 or faxed to (512) 440-0417.

 

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