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Proposed Board Rules

Proposed September 4, 2020

TBPELS is undergoing a rule review for Chapters 131, 133, 135, 137, and 139.
In conducting its review, the Board will determine whether the reasons for each rule continue to exist. The rule review will also determine whether each rule is obsolete, reflects current legal and policy considerations, and reflects current procedures of the Board.
Any comments or request for a public hearing may be submitted no later than October 4, 2020, to Lance Kinney, Ph.D., P.E., Executive Director, at rules@pels.texas.gov, sent via mail to Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, or faxed to his attention at (512) 440-0417. https://www.sos.texas.gov/texreg/archive/September42020/Review%20of%20Agency%20Rules/Review%20of%20Agency%20Rules.html#155


Approved August 20, 2020

At the August 20, 2020, Regular Board Meeting, the Texas Board of Professional Engineers and Land Surveyors (TBPELS), adopted an emergency rule amendment to Texas Administrative Code (TAC) Title 22, Part 6, Chapter 133, Subchapter G, amending 133.67, concerning Examination of the Principles and Practice of Engineering. This emergency rule is implemented as a result of the Governor's declaration of a statewide emergency over the coronavirus (COVID-19). The current rule provides a four consecutive year timeframe to successfully pass the examination. The purpose of the emergency rule is to extend the examination deadline by one year for applicants for licensure as a professional engineer in Texas who have been unable to take the Principles and Practice of Engineering examination as a result of examination cancelations due to the COVID-19 pandemic. The emergency rule applies to applicants who have been approved prior to August 20, 2020. The deadline will be automatically updated in the TBPELS database and examinees / applicants will not have to take any action. https://engineers.texas.gov/downloads/EmergencyRule133_67_ExamExtension.pdf


Proposed August 14, 2020

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code regarding the organization and administration of the agency. These proposed changes are referred to as "proposed rules."

Any comments or request for a public hearing may be submitted no later than September 23, 2020, to Lance Kinney, Ph.D., P.E., Executive Director, at rules@pels.texas.gov, sent via mail to Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, or faxed to his attention at (512) 440-0417.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The proposed rules implement necessary changes as required by House Bill (HB) 1523, 86th Legislature, Regular Session (2019), related to the merger of operations of the Texas Board of Professional Engineers and the Texas Board of Professional Land Surveying (TBPLS) into the Texas Board of Professional Engineers and Land Surveyors (TBPELS).

As required by HB 1523, the operations of the two agencies have been merged into one, including the registration and renewal of professional land surveyor registrations. The previous agency rules (22 Texas Administrative Code, Chapters 661 and 664), related to renewal of registrations and continuing education requirements for professional land surveyors, have been merged into Chapter 138 per the guidance of the Secretary of State. These rules have been formatted to be similar to the licensure rules for engineers (Chapter 137) and edited for format and clarity.

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code regarding the organization and administration of the agency. These proposed changes are referred to as "proposed rules."

Changes are specifically to the following:
Chapter 138 - 138.1, 138.5, 138.7, 138.9, 138.11, 138.13 - 138.15, and 138.17 regarding the renewal process and continuing education for professional land surveyors in Texas. Refer to the Texas Register for Details:
https://www.sos.state.tx.us/texreg/archive/August142020/Proposed%20Rules/22.EXAMINING%20BOARDS.html#23

Any comments or request for a public hearing may be submitted no later than September 23, 2020, to Lance Kinney, Ph.D., P.E., Executive Director, at rules@pels.texas.gov, sent via mail to Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, or faxed to his attention at (512) 440-0417.


Proposed August 7, 2020.

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code regarding the organization and administration of the agency. These proposed changes are referred to as "proposed rules."

Any comments or request for a public hearing may be submitted no later than September 23, 2020, to Lance Kinney, Ph.D., P.E., Executive Director, at rules@pels.texas.gov, sent via mail to Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, or faxed to his attention at (512) 440-0417.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The proposed rules implement necessary changes as required by House Bill (HB) 1523, 86th Legislature, Regular Session (2019), related to the merger of operations of the Texas Board of Professional Engineers and the Texas Board of Professional Land Surveying into the Texas Board of Professional Engineers and Land Surveyors (TBPELS).

As required by HB 1523, the operations of the two agencies have been merged into one and the associated rules regarding operations of the agency have been merged per the guidance of the Secretary of State. These rules reflect language that has been expanded to include the name of the new agency, the regulation of land surveying, and other changes incorporated due to the merger. Some language has been included from the previous surveying rules including 22 Texas Administrative Code, Chapter 661.

Changes are specifically to the following:
Chapter 131 - 131.3, 131.5, 131.7, 131.9, 131.11. 131.15, 131.31, 131.37, 131.41, 131.43, 131.45, 131.81, 131.85, 131.101, and 131.103, regarding the organization and administration of the agency. Refer to the Texas Register for Details: https://www.sos.state.tx.us/texreg/archive/August72020/Proposed%20Rules/22.EXAMINING%20BOARDS.html#44

Chapter 134 - 134.1, 134.3, 134.5, 134.11. 134.21, 134.23, 134.25, 134.27, 134.29, 134.31, 134.35, 134.37, 134.41, 134.43, 134.51, 134.53, 134.55, 134.61, 134.65, 134.67 - 134.69, 134.71, 134.73, 134.75, 134.81, 134.83, 134.87, 134.89, 134.91, 134.93, 134.95, and 134.97, regarding the licensure and registration process for professional land surveyors in Texas. Refer to the Texas Register for Details: https://www.sos.state.tx.us/texreg/archive/August72020/Proposed%20Rules/22.EXAMINING%20BOARDS.html#53

Chapter 136 - 136.1, 136.3, and 136.5 regarding the registration process for professional land surveying firms in Texas. Refer to the Texas Register for Details: https://www.sos.state.tx.us/texreg/archive/August72020/Proposed%20Rules/22.EXAMINING%20BOARDS.html#62

Chapter 139 - 139.1, 139.11, 139.13, 139.17, 139.19, 139.21, 139.23. 139.31, 139.33, 139.41, 139.43, 139.45, 139.47, 139.49, 139.51, and 139.63, regarding the enforcement processes and procedures of the agency. Refer to the Texas Register for Details: https://www.sos.state.tx.us/texreg/archive/August72020/Proposed%20Rules/22.EXAMINING%20BOARDS.html#64

Any comments or request for a public hearing may be submitted no later than September 23, 2020, to Lance Kinney, Ph.D., P.E., Executive Director, at rules@pels.texas.gov, sent via mail to Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, or faxed to his attention at (512) 440-0417.


Repealed Rules Proposed August 21, 2020

The proposed repealed rules implement necessary changes as required by House Bill (HB) 1523, 86th Legislature, Regular Session (2019), related to the merger of operations of the Texas Board of Professional Engineers and the Texas Board of Professional Land Surveying into the Texas Board of Professional Engineers and Land Surveyors (TBPELS).

As required by HB 1523, the operations of the two agencies have been merged into one and the associated rules regarding operations of the agency have been merged into Chapter 131 per the guidance of the Secretary of State. During the review of the rules for the merger, certain sections were determined to not be appropriate rules, redundant, or consolidated with another rule.

https://www.sos.state.tx.us/texreg/archive/August212020/Proposed%20Rules/22.EXAMINING%20BOARDS.html#120

Any comments or request for a public hearing may be submitted, no later than September 20, 2020, to Lance Kinney, Ph.D., P.E., Executive Director, Texas Board of Professional Engineers, 1917 S. Interstate 35, Austin, Texas 78741, faxed to his attention at (512) 440-0417 or sent by email to rules@pels.texas.gov.


 


Previously Posted Rules - The comment period has expired for these changes.

Proposed May 15, 2020
Texas Register Issue

Proposed: January 3, 2020
Texas Register Issue

Proposed December 15, 2017
Texas Register Issue

Proposed March 10, 2017
Texas Register Issue

Proposed September 16, 2016
Texas Register Issue

Proposed June 17, 2016
Texas Register Issue

Proposed March 4, 2016
Texas Register Issue

Proposed December 18 and 25, 2015
Texas Register Posting 1
Texas Register Posting 2

Proposed August 27, 2015
Texas Register Issue

Proposed September 20, 2013

Proposed June 14, 2013

Proposed March 1, 2013

 

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