Law:Title 6. Regulation Of Engineering, Architecture, Land Surveying, And Related Practices (Texas)

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Subtitle A. Regulation Of Engineering And Related Practices

Contents

Chapter 1001. Engineers

Subchapter A. General Provisions

Section  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.



Section  1001.002.  Definitions.

In this chapter:

(1)  "Board" means the Texas Board of Professional Engineers.

(2)  "Engineer" means a person licensed to engage in the practice of engineering in this state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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.

Amended by:

Acts 2005, 79th Leg., Ch. 259, Sec. 1, eff. September 1, 2005.



Section  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;

(3)  repeal or amend a law affecting or regulating a licensed state land surveyor; or

(4)  affect or prevent the practice of any other legally recognized profession by a member of the profession who is licensed by the state or under the state's authority.

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.



Section  1001.005.  Application Of Sunset Act.

The Texas Board of Professional Engineers 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, 2015.

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.



Subchapter B. Exemptions

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1142, Sec. 1, eff. June 19, 2009.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  1001.064.  State Land Surveyors.

A licensed state land surveyor is exempt from this chapter in performing a state land surveyor's duties.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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.

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.002(a), eff. Sept. 1, 2003.



Section  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.



Section 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, Sec. 2, eff. June 19, 2009.



Subchapter C. Texas Board Of Professional Engineers

Section  1001.101.  Board Membership.

(a) The Texas Board of Professional Engineers consists of nine members appointed by the governor with the advice and consent of the senate as follows:

(1)  six engineers; and

(2)  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.



Section  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;

(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.

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.



Section  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

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of engineering.

(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.



Section  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.



Section  1001.105.  Participation Of Public Members.

(a) The board by majority vote may limit the participation of public members in evaluating license applications.

(b)  This section does not apply to the evaluation of license applications at an official meeting of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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.



Section 1001.107.  Per Diem.

A board member 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 1, eff. September 1, 2007.



Section 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 2, eff. September 1, 2007.



Section  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.



Section  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.



Section  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;

(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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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

Section  1001.201.  General Powers And Duties.

(a) The board shall administer and enforce this chapter.

(b)  The board may spend money for any purpose the board considers reasonably necessary for the proper performance of its duties under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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 license holder except to prohibit false, misleading, or deceptive practices.

(c)  In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that:

(1)  restricts the use of any medium for advertising;

(2)  restricts the use of a license holder's personal appearance or voice in an advertisement;

(3)  relates to the size or duration of an advertisement by the license holder; or

(4)  restricts the license holder'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.



Section  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.



Section  1001.204.  Fees.

(a) The board shall establish the following fees in amounts reasonable and necessary to cover the costs of administering this chapter:

(1)  license fee;

(2)  annual and late renewal fees;

(3)  reciprocal license fee;

(4)  duplicate license fee;

(5)  engineer-in-training certificate fee;

(6)  roster of engineers fee;

(7)  examination fee;

(8)  registration fee for engineering firm; and

(9)  inactive status fee.

(b)  Fee revenue may not exceed the amount reasonable and necessary to administer this chapter.

(c)  General revenue of the state may not be used to pay the costs of administering this chapter in an amount that exceeds the amount of fees received under this chapter.

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.

Amended by:

Acts 2005, 79th Leg., Ch. 259, Sec. 2, eff. September 1, 2005.



Section  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, other than an impairment caused by a current addiction to the use of alcohol or an illegal drug or controlled substance.

(b)  The board by rule may adopt reduced license fees and annual renewal fees for engineers who are:

(1)  at least 65 years of age; or

(2)  disabled and not actively engaged in the practice of engineering.

(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 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.



Section  1001.206.  Fee Increase.

(a) The fee for a license under this chapter, for the annual renewal of that license, and for a reciprocal license under this chapter is increased by $200.

(b)  Of each fee increase collected, $50 shall be deposited in the foundation school fund and $150 shall be deposited in the general revenue fund.

(c)  The fee increase imposed by Subsection (a) does not apply to an engineer who:

(1)  meets the qualifications for an exemption under Section 1001.057 or 1001.058 but does not claim that exemption;

(2)  is disabled as described by Section 1001.205;

(3)  is on inactive status as provided by Section 1001.355; or

(4)  is 65 years of age or older.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 16, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 3, eff. September 1, 2007.



Section  1001.207.  Standards Of Conduct And Ethics.

The board may establish standards of conduct and ethics for engineers in keeping with the purposes and intent of this chapter and to ensure strict compliance with and enforcement of this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1001.208.  Roster Of Engineers.

(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.



Section  1001.209.  Register Of Applicants.

The board shall maintain a register of license applications that shows:

(1)  the name, age, and residence of each applicant;

(2)  the date of the application;

(3)  the applicant's place of business;

(4)  the applicant's educational and other qualifications;

(5)  whether an examination was required;

(6)  whether the applicant was issued or denied a license;

(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.



Section  1001.210.  Continuing Education Programs.

(a) The board shall recognize, prepare, or administer continuing education programs for its license holders. A license holder must participate in the programs to the extent required by the board to keep the person's license.

(b)  The board may not require a license holder to obtain more than 15 hours of continuing education annually. The board shall permit a license holder to certify at the time the license is renewed that the license holder has complied with the board's continuing education requirements.

(c)  The board shall permit a license holder to receive continuing education credit for educational, technical, ethical, or professional management activities related to the practice of engineering, including:

(1)  successfully completing or auditing a course sponsored by an institution of higher education;

(2)  successfully completing a course certified by a professional or trade organization;

(3)  attending a seminar, tutorial, short course, correspondence course, videotaped course, or televised course;

(4)  participating in an in-house course sponsored by a corporation or other business entity;

(5)  teaching a course described by Subdivisions (1)-(4);

(6)  publishing an article, paper, or book on the practice of engineering;

(7)  making or attending a presentation at a meeting of a technical or engineering management society or organization or writing a paper presented at such a meeting;

(8)  participating in the activities of a professional society or association, including serving on a committee of the organization; and

(9)  engaging in self-directed study.

(d)  A license holder 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.



Section  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.



Section  1001.212.  Confidentiality Of Certain Information Related To License Application.

(a) A statement made by a person providing a reference for an applicant and other pertinent information compiled by or submitted to the board relating to an applicant for a license under this chapter 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 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.



Section  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.

(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.



Section  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.



Section  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.



Section  1001.216.  Joint Advisory Committee On The Practice Of Engineering And Architecture.

(a) The Joint Advisory Committee on the Practice of Engineering and Architecture is an advisory committee to the board and to the Texas Board of Architectural Examiners. The advisory committee consists of:

(1)  three members of the board and one practicing architectural engineer appointed by the board; and

(2)  three members of the Texas Board of Architectural Examiners and one practicing architect appointed by that board.

(b)  Members of the advisory committee serve staggered six-year terms with the terms of one or two members appointed by the board and one or two members appointed by the Texas Board of Architectural Examiners expiring each odd-numbered year.

(c)  The advisory committee shall meet at least twice a year.

(d)  The advisory committee shall work to resolve issues that result from the overlap between activities that constitute the practice of engineering and those that constitute the practice of architecture. The advisory committee shall assist each agency in protecting the public rather than advancing the interests of either agency or the profession it regulates.

(e)  The advisory committee shall issue advisory opinions to the board and to the Texas Board of Architectural Examiners on matters relating to the practice of engineering and the practice of architecture, including:

(1)  opinions on whether certain activities constitute the practice of engineering or the practice of architecture;

(2)  specific disciplinary proceedings initiated by either agency; and

(3)  the need for persons working on particular projects to be licensed by the board or registered by the Texas Board of Architectural Examiners.

(f)  If the advisory committee issues an advisory opinion to the board or the Texas Board of Architectural Examiners on a matter, that agency shall notify the committee of the final action taken with regard to the matter. The advisory committee shall consider the action taken by the agency on the matter in any advisory opinion subsequently issued by the committee on a related matter.

(g)  The board and the Texas Board of Architectural Examiners shall enter into a memorandum of understanding regarding the advisory committee that includes the composition and purpose of the committee.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1, 2003.



Subchapter F. Consumer Interest Information And Complaint Procedures

Section  1001.251.  Consumer Interest Information.

(a) The board shall prepare information of consumer interest describing the regulatory functions of the board and 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.



Section  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 license holder or other person who may have violated this chapter. 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 license holder or other 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.

Amended by:

Acts 2005, 79th Leg., Ch. 259, Sec. 3, eff. September 1, 2005.



Section  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.



Section  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.



Section  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 G. License Requirements

Section  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.



Section  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.



Section  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.



Section  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.

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.



Section  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. 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.



Section  1001.306.  Examination Results.

(a) Not later than the 30th day after the date a person takes a licensing examination under this chapter, 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 a licensing examination administered under this chapter, 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 4, eff. September 1, 2007.



Section  1001.307.  Reexamination.

The board may permit reexamination of an applicant on payment of an appropriate reexamination fee in an amount set by the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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.



Section  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 eight-hour written 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.



Section  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.



Section  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 for a license in this state.

(b)  The board may waive any prerequisite to obtaining a license 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.



Section  1001.312.  Replacement License.

The board, subject to board rules, may issue a new license to replace a license that is lost, destroyed, or mutilated.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Subchapter H. License Renewal

Section  1001.351.  Annual Renewal Required.

(a) The board shall provide for the annual renewal of a license or registration issued under this chapter.

(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.



Section  1001.352.  Notice Of License Expiration.

Not later than the 30th day before the date a person's license is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board.

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.



Section  1001.353.  Procedure For Renewal.

(a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required annual renewal fee to the board before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license until the license has been renewed.

(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the board the required annual renewal fee, a late renewal fee, and any applicable increase in fees as required by Section 1001.206.

(c)  A person whose license has been expired for more than 90 days but less than two years may renew the license by paying to the board the required annual renewal fee, a late renewal fee, and any applicable increase in fees as required by Section 1001.206 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.

Amended by:

Acts 2005, 79th Leg., Ch. 259, Sec. 4, eff. September 1, 2005.



Section  1001.354.  Renewal Of Expired License By Out-of-state Practitioner.

(a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination.

(b)  The person must pay to the board a fee that is equal to two times the normally required renewal fee for the license.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 28, eff. Sept. 1, 2003.



Section  1001.355.  Inactive Status.

(a) An engineer may request inactive status at any time.  A license holder on inactive status may not practice engineering.

(b)  A license holder on inactive status must pay an annual fee set by the board.

(c)  A license holder on inactive status 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 on inactive status must:

(1)  file with the board a written notice requesting reinstatement to active status;

(2)  pay the fee for the annual renewal of the license and the fee increase required by Section 1001.206; and

(3)  provide evidence satisfactory to the board that the person has complied with the continuing education requirements adopted by the board.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 28, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 5, eff. September 1, 2007.



Subchapter I. Practice Of Engineering

Section  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.

Amended by:

Acts 2005, 79th Leg., Ch. 259, Sec. 5, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1142, Sec. 3, eff. June 19, 2009.



Section  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.



Section  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.



Section  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.



Section  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 expires on the first anniversary of the date the registration is issued. The registration 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.



Section  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.



Section  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

Section  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.



Section  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;

(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 Article 9102, Revised Statutes.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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.



Section  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.



Section  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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 7, eff. September 1, 2007.



Section  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.



Section  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.



Section  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.



Section  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

Section  1001.501.  Imposition Of Administrative Penalty.

The board may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1001.502.  Amount Of Administrative Penalty.

(a) The amount of an administrative penalty may not exceed $3,000 for each violation. 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  1001.507.  Disposition Of Penalty.

The part of an administrative penalty that represents the costs incurred by the board in investigating and prosecuting the violation may be appropriated only to the board to reimburse the board for performance of its regulatory functions.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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

Section  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 a board rule.

(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 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.



Section  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;

(3)  presents or attempts to use as the person's own the license or seal of another; or

(4)  gives false evidence of any kind to the board or a board member in obtaining a 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.



Section  1001.553.  Report Of Violation.

A public official shall report a violation of this chapter to the proper authorities.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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.

(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.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  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 and make it effective; and

(3)  represent the board in an action brought to enforce this chapter.

(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.



Section  1001.556.  Appeal Bond.

The board is not required to give an appeal bond in a cause arising under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Subchapter M. Advisory Opinions

Section 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

(2)  the application of this chapter 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.

Amended by:

Acts 2005, 79th Leg., Ch. 259, Sec. 6, eff. September 1, 2005.



Section  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.



Section  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.



Section  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.

Chapter 1002. Geoscientists

Subchapter A. General Provisions

Section  1002.001.  Short Title.

This chapter may be cited as the Texas Geoscience Practice Act.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.002.  Definitions.

In this chapter:

(1)  "Board" means the Texas Board of Professional Geoscientists.

(2)  "Certified geoscientist" means a geoscientist who has been certified in a discipline of geoscience by a professional organization, society, or association that maintains a certification program.

(3)  "Geoscience" means the science of the earth and its origin and history, the investigation of the earth's environment and its constituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the earth.

(3-a)  "Geoscience firm" means a firm, corporation, or other business entity as defined by the board and registered by the board to engage in the public practice of geoscience.

(4)  "Geoscientist" means a person qualified to engage in the public practice of geoscience because of the person's knowledge, acquired through education and practical experience, of geoscience, mathematics, and the supporting physical, chemical, mineralogical, morphological, and life sciences.

(4-a)  "Geoscientist in training" means a person registered by the board on the basis of education and who meets other requirements established by the board but who is not fully qualified to become a licensed geoscientist under this chapter.

(5)  "Licensed geoscientist" or "professional geoscientist" means a person who holds a license issued by the board under this chapter.

(6)  "Practice for the public":

(A)  means providing professional geoscientific services:

(i)  for a governmental entity in this state;

(ii)  to comply with a rule established by this state or a political subdivision of this state; or

(iii)  for the public or a firm or corporation in this state if the practitioner assumes the ultimate liability for the work product; and

(B)  does not include services provided for the express use of a firm or corporation by an employee or consultant if the firm or corporation assumes the ultimate liability for the work product.

(7)  "Public practice of geoscience" means the practice for the public of geoscientific services or work, including consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work and the responsible supervision of those tasks.

(8)  "Responsible charge" means the independent control and direction of geoscientific work or the supervision of geoscientific work by the use of initiative, skill, and independent judgment.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 504, Sec. 1, eff. September 1, 2009.



Section 1002.003.  Application Of Sunset Act.

The Texas Board of Professional Geoscientists 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, 2015.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1227, Sec. 4.01, eff. September 1, 2005.



Section  1002.004.  Application Of Chapter.

(a) In this section:

(1)  "Driller" has the meaning assigned by Section 1901.001.

(2)  "Engineer" has the meaning assigned by Section 1001.002.

(3)  "Installer" has the meaning assigned by Section 1902.001.

(4)  "Licensed driller" means a person who holds a license issued by the state under Chapter 1902.

(5)  "Licensed installer" means a person who holds a license issued under Chapter 1902.

(6)  "Practice of engineering" has the meaning assigned by Section 1001.003.

(7)  "Professional surveying" has the meaning assigned by Section 1071.002.

(b)  This chapter does not authorize the practice of professional surveying by a licensed geoscientist. This chapter does not apply to a qualified and registered surveyor who confines the surveyor's practice to acts of surveying allowed under Chapter 1071.

(c)  This chapter does not authorize the practice of engineering by a licensed geoscientist.

(d)  This chapter does not require an engineer, or a person acting under the supervision of an engineer, who performs service or work that is both engineering and geoscience to be licensed as a geoscientist or to work under the supervision of a licensed geoscientist.

(e)  A recommendation, design, analysis, redesign, or review and evaluation, the supervision, or a summary analysis of an engineered structure or work, the performance of which requires engineering education, training, and experience in the application of special knowledge of mathematical, physical, and engineering sciences, is engineering and is subject to Chapter 1001.

(f)  This chapter does not permit a licensed geoscientist to perform an engineering analysis supporting an engineering design unless the action is under the supervision of an engineer.

(g)  This chapter does not permit a licensed geoscientist to provide construction quality control and evaluation, to perform materials engineering and testing, or to design, develop, or perform engineering review and evaluation of engineering plans and engineering specifications for an engineered structure or work unless the action is under the supervision of an engineer.

(h)  With regard to an environmental and pollution remediation project, this chapter:

(1)  permits the characterization, study, appraisal, investigation, analysis, and geoscientific review and evaluation of and the making of recommendations regarding the geoscientific components of the project by a licensed geoscientist; and

(2)  does not permit the design, development, or performance of engineering review and evaluation of a component of the project consisting of an engineered structure, work, or process or a related constructed improvement by a licensed geoscientist.

(i)  With regard to a geoscientific investigation of geological conditions affecting an engineered structure, work, or process, this chapter:

(1)  permits the characterization, study, appraisal, investigation, analysis, and geoscientific review and evaluation of and the making of recommendations regarding the geoscientific components of the engineered structure, work, or process by a licensed geoscientist; and

(2)  does not permit the design, development, or performance of engineering review and evaluation of the engineered structure, work, or process or a related constructed improvement by a licensed geoscientist.

(j)  The board and the Texas Board of Professional Engineers by rule, memorandum of understanding, or other appropriate procedure or document shall jointly resolve any conflict between this chapter or a rule adopted under this chapter and Chapter 1001 or a rule adopted under that chapter.

(k)  This chapter does not authorize a licensed geoscientist to act as or offer to perform services as a driller or installer. This chapter does not apply to a licensed driller or licensed installer who confines the driller's or installer's activities to activities regulated under Chapter 1901 or 1902, respectively.

(l)  The board and the executive director of the Texas Department of Licensing and Regulation by rule, memorandum of understanding, or other appropriate procedure or document shall jointly resolve any conflict between this chapter or a rule adopted under this chapter and Chapter 51, 1901, or 1902 or a rule adopted under one of those chapters.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter B. Texas Board Of Professional Geoscientists

Section  1002.051.  Board Membership.

(a) The Texas Board of Professional Geoscientists shall administer this chapter.

(b)  The board is composed of nine members appointed by the governor with the advice and consent of the senate.

(c)  Six members of the board must be licensed geoscientists.

(d)  Three members of the board must be members of the public.

(e)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.052.  Member Eligibility.

(a) A member of the board must:

(1)  be a citizen of the United States;

(2)  have been a resident of this state for at least the three years preceding appointment; and

(3)  be at least 25 years of age.

(b)  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

(1)  is registered, certified, or licensed by an occupational regulatory agency in a discipline of geoscience;

(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.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.053.  Membership And Employee Restrictions.

(a) In this section, "society or trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b)  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 in Section 13, Fair Labor Standards Act of 1938 (29 U.S.C. Section 213), and its subsequent amendments, if:

(1)  the person is an officer, employee, or paid consultant of a society or trade association in a discipline of geoscience; or

(2)  the person's spouse is an officer, manager, or paid consultant of a society or trade association in a discipline of geoscience.

(c)  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 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.054.  Terms.

(a) Members of the board serve staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year.

(b)  A member of the board may not serve more than two consecutive full terms.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.055.  Grounds For Removal.

(a) It is a ground for removal from the board that a member:

(1)  is no longer qualified for appointment to the board;

(2)  engages in misconduct, is determined to be incompetent, neglects the member's official duties, or engages in malfeasance;

(3)  commits a violation of this chapter resulting in disciplinary action or a felony; or

(4)  fails without excuse to attend at least half of the regularly scheduled meetings held in a calendar year while the member is a member 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 assistant presiding officer, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.056.  Reimbursement For Travel Expenses.

A member of the board is entitled to reimbursement for the travel expenses incurred by the member while conducting the business of the board, as provided by the General Appropriations Act.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.057.  Officers.

(a) The board shall elect biennially from its own membership a presiding officer, assistant presiding officer, and secretary-treasurer. A member may not hold one of those positions for more than two consecutive two-year periods. A member serves in the position at the will of the board and may be removed from the position by a two-thirds majority vote of the board.

(b)  The board may appoint an assistant secretary and other assistants who are not members of the board to assist the board and exercise its authority in carrying out the board's powers and duties.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.058.  Office.

The board shall maintain its office in Austin.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.059.  Meetings.

The board shall hold at least two regular meetings in each calendar year. A special meeting may be held at a time permitted by board rule.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.060.  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)  the legislation that created the board;

(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 investigative 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. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter C. Executive Director And Personnel

Section  1002.101.  Executive Director.

The board shall appoint an executive director, who shall be responsible for managing the day-to-day affairs of the board, including:

(1)  arranging for and supervising the necessary support, secretarial, and clerical services;

(2)  obtaining space for holding examinations, meetings, and conferences;

(3)  printing or purchasing examinations;

(4)  printing and mailing forms, information, and licenses;

(5)  sending notices, collecting fees, and issuing receipts;

(6)  conducting the correspondence of the board, including replying to routine requests for information;

(7)  maintaining the minutes and records of the board;

(8)  keeping records of receipts and disbursements; and

(9)  providing necessary investigative services.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.102.  Receipts And Disbursements.

The executive director shall receive, administer, and account for all money received under this chapter and shall transfer the money to the comptroller.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.103.  Division Of Responsibilities.

The board shall develop and implement policies that clearly separate the policymaking 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. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.104.  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. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.105.  Career Ladder Program; Performance Evaluations.

(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement of employees within the board. The program must require intra-agency posting of all positions concurrently with any public posting.

(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations based on documented employee performance. All decisions regarding merit pay for a board employee must be based on that system.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.106.  Equal Employment Opportunity Policy.

(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 be:

(1)  updated annually;

(2)  reviewed by the Commission on Human Rights for compliance with Subsection (b)(1); and

(3)  filed with the governor.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter D. Board Powers And Duties

Section  1002.151.  General Rulemaking Authority.

The board shall adopt and enforce rules consistent with this chapter and necessary for the performance of its duties.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.152.  Fees.

The board may set reasonable and necessary fees to be charged applicants and license holders under this chapter, including fees for application, examination, licensure, and renewal of a license. The board shall base a fee for examination in a discipline of geoscience on the costs associated with preparing, administering, and grading that examination.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.153.  Code Of Professional Conduct.

(a) The board by rule shall adopt a code of professional conduct that is binding on all license holders under this chapter.

(b)  The board may enforce the code by imposing sanctions as provided by this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.154.  Enforcement; Referral Of Complaints And Investigations.

(a) The board shall enforce this chapter. Any member of the board may present to a prosecuting officer a complaint relating to a violation of this chapter. The board through its members, officers, counsel, or agents may assist in the trial of a case involving the violation of this chapter, subject to the control of the prosecuting officer.

(a-1)  Complaints and investigations under this chapter are of two types:

(1)  complaints received from a member of the public; and

(2)  complaints and investigations that are initiated by the board as a result of information that becomes known to the board or board staff and that may indicate a violation.

(a-2)  The board by rule shall prioritize complaints and investigations.  Rules adopted under this subsection must provide that:

(1)  a complaint that alleges an action that may harm the public takes precedence over a complaint that does not allege an action that may harm the public or may harm the public to a lesser degree; and

(2)  with regard to complaints that do not allege an action that may harm the public, a complaint filed by a member of the public takes precedence over a complaint initiated by the board.

(b)  Notwithstanding Subsection (a), the board shall refer a complaint or investigation involving the unlicensed practice of geoscience by a person who is licensed as an engineer, surveyor, driller, installer, or member of another similar profession to the agency that issued the license to the person.

(c)  The board may administer oaths and affirmations and issue subpoenas to compel the attendance of witnesses and the production of evidence.

(d)  The attorney general shall act as legal advisor to the board and shall provide legal assistance as necessary in enforcing this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 504, Sec. 2, eff. September 1, 2009.



Section  1002.155.  Recognition Of Use Of Designations.

(a) The board by rule may recognize the use of the designations used by a professional organization, society, or association that maintains a certification program in a discipline of geoscience if:

(1)  the requirements for that certification are acceptable to the board;

(2)  the full name or recognized abbreviation of the organization, society, or association granting the certification is stated following or in conjunction with the use of the designation or abbreviation; and

(3)  the designation or abbreviation is not used in a manner that is misleading or that creates an impression that the person is licensed to practice geoscience for the public unless the person is licensed under this chapter.

(b)  The board by rule shall recognize the title "geological engineer," "geotechnical engineer," "hydraulic engineer," or "agricultural engineer" or another legitimate engineering title as a legitimate engineering title separate from geoscience, the use of which requires licensure as an engineer.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.156.  Establishment Of Disciplines.

The board by rule shall establish the disciplines of geoscience in which a person may be licensed and the requirements for eligibility for a license in each discipline.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.157.  Agreements To Develop Uniform Standards.

The board may enter into agreements with licensing or registration boards in other states and other appropriate organizations, societies, associations, and agencies to develop uniform standards for:

(1)  the licensing or registration of geoscientists;

(2)  accrediting educational programs;

(3)  establishing reciprocal and temporary licenses;

(4)  developing regional or national examinations;

(5)  evaluating applicants; or

(6)  other purposes consistent with this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.158.  Authority To Incur Administrative Expenses.

In administering this chapter, the board may:

(1)  appoint committees;

(2)  employ personnel, contractors, and consultants;

(3)  lease or purchase furnishings, equipment, and supplies;

(4)  lease office space; and

(5)  incur other similar expenses.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.159.  Roster Of License Holders.

(a) The board shall maintain a roster stating the name, discipline of geoscience, and place of business of each licensed geoscientist.

(b)  The board shall maintain copies of the roster and shall provide a copy on request to a state agency, a county or municipal clerk or building official, or a license holder. The board may charge a license holder a reasonable fee set by the board for providing the copy.

(c)  The board shall provide a copy of the roster to another person on written request, subject to payment of a reasonable fee set by the board.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.160.  List Of Governmental Entities With Comparable Requirements And With Which Reciprocity Agreements Exist.

The board shall maintain a list of each state or foreign country in which the requirements and qualifications for licensure or registration are comparable to those established in this state and with which a reciprocity agreement exists.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter E. Public Interest Information And Complaint Procedures

Section  1002.201.  Public Interest Information.

The board shall:

(1)  prepare information of public interest describing:

(A)  the regulatory functions of the board; and

(B)  the board's procedures by which complaints are filed with and resolved by the board; and

(2)  make the information available to the public and appropriate state agencies.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.202.  Complaints.

(a) A person may file a complaint alleging a violation of this chapter or a rule adopted under this chapter.

(b)  A complaint from a member of the public must be:

(1)  in writing;

(2)  sworn to by the person making the complaint; and

(3)  filed with the secretary-treasurer.

(c)  A complaint that is initiated by the board or board staff must be:

(1)  in writing; and

(2)  signed by the person who became aware of information that may indicate a violation.

(d)  A complaint must contain sufficient information for the board to determine whether the board has the jurisdiction and authority to resolve the complaint.  If the board does not have the jurisdiction and authority, the board shall dismiss the complaint.  A complaint must have sufficient information for the board to commence an investigation, though the amount of information ultimately required for the board to determine the validity of the complaint may be more than the information initially included with the complaint.

(e)  The board shall maintain the confidentiality of a complaint from the time of receipt through the conclusion of the investigation of the complaint.  Complaint information is not confidential after the date formal charges are filed.

(f)  For any complaint determined to be frivolous or without merit, the complaint and other information related to the complaint are confidential.  The information is not subject to discovery, subpoena, or other disclosure.  A complaint is considered to be frivolous if the executive director and investigator, with board approval, determine that the complaint:

(1)  was made for the likely purpose of harassment; and

(2)  does not demonstrate apparent harm to any person.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 504, Sec. 3, eff. September 1, 2009.



Section  1002.203.  Records Of Complaints.

(a) The board shall maintain a file on each complaint filed with the board. The file must include:

(1)  the name of the person who filed the complaint;

(2)  the date the complaint was 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.

(b)  The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.204.  Complaint Investigation And Disposition.

(a) 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.

(b)  The board shall investigate all complaints brought to its attention and may employ investigators, expert witnesses, and hearing officers, appoint advisory committees, and conduct hearings to determine whether disciplinary or other action should be taken.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.205.  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. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter F. License Requirements

Section  1002.251.  License Required.

(a) Unless exempted by this chapter, a person may not engage in the public practice of geoscience unless the person holds a license issued under this chapter.

(b)  Unless the person is licensed under this chapter, a person may not:

(1)  use the term "Licensed Professional Geoscientist" or the initials "P.G." as part of a professional, business, or commercial identification or title; or

(2)  otherwise represent to the public that the person is qualified to:

(A)  practice as a geoscientist; or

(B)  engage in the public practice of geoscience.

(c)  A person may not take responsible charge of a geoscientific report or a geoscientific portion of a report required by municipal or county ordinance, state or federal law, state agency rule, or federal regulation that incorporates or is based on a geoscientific study or geoscientific data unless the person is licensed under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.252.  Exemptions.

The following activities do not require a license under this chapter:

(1)  geoscientific work performed by an employee or a subordinate of a license holder under this chapter if the work does not include the responsible charge of geoscientific work and is performed under the direct supervision of a licensed geoscientist who is responsible for the work;

(2)  geoscientific work performed by an officer or employee of the United States practicing solely as such an officer or employee;

(3)  geoscientific work performed exclusively in exploring for and developing oil, gas, or other energy resources, base metals, or precious or nonprecious minerals, including sand, gravel, or aggregate, if the work is done in and for the benefit of private industry;

(4)  geoscientific research conducted through an academic institution, local, state, or federal governmental agency, nonprofit research institution, or for-profit organization, including submission of a report on the research to a public agency, unless the work is covered by Section 1002.251(c);

(5)  teaching geoscience or a related physical or natural science;

(6)  work customarily performed by a cartographer, technician, or physical or natural scientist, including a geologist, geophysicist, soil scientist, chemist, archaeologist, geographer, or oceanographer, if the work does not include the public practice of geoscience;

(7)  work performed by an archaeologist, geoscientist, or other person conducting a stratigraphic or historical geological investigation for archaeological purposes;

(8)  testifying or preparing and presenting an exhibit or document for the sole purpose of being placed in evidence before an administrative or judicial tribunal or hearing if the testimony, exhibit, or document does not imply that the person is licensed under this chapter;

(9)  the evaluation by a state agency, as defined by Section 2001.003, Government Code, or by a hearing examiner of an exhibit or document offered or placed in evidence before an administrative tribunal; or

(10)  the determination of the suitability of a site for a specific on-site sewage disposal system by a person who has successfully completed site evaluation training approved by the Texas Commission on Environmental Quality and is:

(A)  registered by the commission as:

(i)  an installer, if the commission recognizes only one level of installer; or

(ii)  the highest level of installer recognized by the commission, if the commission recognizes more than one level of installer;

(B)  a designated representative; or

(C)  a registered professional sanitarian.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.253.  License Application.

(a) An applicant for a license under this chapter, including an applicant for a temporary or reciprocal license, must apply on a form prescribed by the board that is signed and sworn to by the applicant before a notary public.

(b)  The application must include:

(1)  information concerning the applicant's education;

(2)  a detailed summary of the applicant's relevant work experience; and

(3)  a signed statement that the applicant has read and will comply with the code of professional conduct adopted under this chapter.

(c)  The application must be accompanied by:

(1)  not fewer than five reference letters, of which not fewer than three are from geoscientists, or other professionals acceptable to the board, who have personal knowledge of the applicant's relevant work experience; and

(2)  the appropriate application fee.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.254.  Examinations.

(a) The board may prepare, administer, and grade oral and written examinations required or permitted under this chapter.

(b)  The board may adopt or recognize, in whole or in part, an examination prepared, administered, or graded by another organization, on a regional or national basis, that the board determines appropriate to measure the qualifications of an applicant for a license under this chapter if:

(1)  the examination questions, the correct answers, and the applicant's completed examination are available to the board; and

(2)  the board retains the authority to determine a passing grade for a license in this state.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.255.  License Eligibility.

(a) To be eligible for a license under this chapter, an applicant must:

(1)  be of good moral and ethical character as attested to by letters of reference submitted in behalf of the applicant or as otherwise determined by the board;

(2)  have:

(A)  graduated from a course of study in a discipline of geoscience satisfactory to the board that consists of at least four years of study and includes at least 30 semester hours or 45 quarter hours of credit in geoscience, of which at least 20 semester hours or 30 quarter hours of credit must be in upper-level college courses in that discipline; or

(B)  satisfactorily completed other equivalent educational requirements as determined by the board;

(3)  have a documented record of at least five years of qualifying work experience, as provided by Section 1002.256, that demonstrates that the applicant is qualified to assume responsible charge of geoscientific work;

(4)  pass an examination required by the board covering the fundamentals and practice of the appropriate discipline of geoscience; and

(5)  meet any other requirements established by the board.

(b)  The board may accept qualifying work experience in lieu of the education required by Subsection (a)(2).

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.256.  Qualifying Work Experience. (a)

The board shall apply the following standards in evaluating the work experience of an applicant for a license under Section 1002.255:

(1)  each year of work experience acceptable to the board constitutes one year of qualifying work experience if the experience was acquired under the direct supervision of:

(A)  a geoscientist who is licensed in this state or in another state under requirements for licensure or registration that are comparable to those in this chapter;

(B)  a geoscientist who meets the educational and work experience requirements for licensure but is not required to be licensed under this chapter; or

(C)  another professional acceptable to the board;

(2)  each year of work experience acceptable to the board and acquired before September 1, 2003, constitutes one year of qualifying work experience if the experience:

(A)  was acquired under the direct supervision of:

(i)  a geoscientist who meets the educational and work experience requirements for a license under this chapter;

(ii)  a geoscientist who is licensed or registered under comparable requirements in another state; or

(iii)  another professional acceptable to the board; or

(B)  would constitute the responsible charge of professional geoscientific work as determined by the board; and

(3)  each year of full-time graduate study in a discipline of geoscience that is acceptable to the board constitutes one year of qualifying work experience.

(b)  The board may accept research in or the teaching of a discipline of geoscience at the college or university level as qualifying work experience if the research or teaching, in the judgment of the board, is comparable to work experience obtained in the practice of geoscience.

(c)  For purposes of Subsection (a)(3), the board may not accept more than two years of full-time graduate study in a discipline of geoscience as qualifying work experience.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.257.  Reciprocal License.

(a) The board by rule may authorize the licensing of a person who has not met the examination requirement of Section 1002.255(a)(4) if the person is licensed or registered to practice a discipline of geoscience under the law of another state or a foreign country.

(b)  The board may issue a license to an applicant who provides proof of licensure or registration under requirements that the board determines to be substantially similar to those established by this chapter and who pays the required fees.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.258.  Temporary License.

(a) The board may issue a temporary license to a person who:

(1)  is not a resident of this state and does not have an established place of business in this state but who seeks to engage in the public practice of geoscience in this state for a temporary period; or

(2)  applies for a reciprocal license and seeks to engage in the public practice of geoscience pending a determination on the application for the reciprocal license.

(b)  An applicant for a temporary license must:

(1)  apply to the board for a temporary license, provide proof of licensure or registration in another state or a foreign country and pay the required fees;

(2)  agree to comply with the signature requirements of Section 1002.263(b) and to affix the person's seal from the jurisdiction in which the person is licensed or registered on all work completed while practicing under the temporary license; and

(3)  file the required information and reports and comply with other requirements established by the board concerning the person's temporary practice.

(c)  A temporary license issued under Subsection (a)(1) expires on the 90th day after the date of issuance. A temporary license issued under Subsection (a)(2) expires on the date the reciprocal license is issued or denied.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.259.  Waiver Of Requirements.

(a) Except for the payment of required fees, the board may waive any of the requirements for licensure by a two-thirds vote of the entire board if the applicant makes a written request and shows good cause and the board determines that the applicant is otherwise qualified for a license.

(b)  Each requirement waived under this section and the basis for the waiver must be recorded in the applicant's record and in the proceedings of the board.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.260.  Confidentiality Of Certain Information.

A statement made by a person who provides a reference for an applicant for a license under this chapter or provides any information compiled by or submitted to the board relating to an applicant is privileged and confidential and may be used only by the board or an employee or agent of the board who is directly involved in the application or licensure process. Confidential information under this section is not subject to discovery, subpoena, or other disclosure in any proceeding.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.261.  Issuance Of License.

(a) The board shall issue a license to an applicant who meets the requirements of this chapter on payment of the applicable license fee.

(b)  The license must:

(1)  show the full name of the license holder;

(2)  have a serial number;

(3)  state the license holder's discipline of geoscience; and

(4)  be signed by an appropriate officer of the board under the board's seal.

(c)  The issuance by the board of a license is prima facie evidence that during the term of the license the license holder is entitled to all the rights and privileges of a licensed geoscientist.

(d)  A licensed geoscientist may engage in the practice of any discipline of geoscience regardless of the discipline of geoscience stated on the person's license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.262.  License Duration; Expiration.

(a) A license is valid for a period not to exceed three years and expires according to a schedule established by board rule.

(b)  On expiration, a license is invalid and may not be renewed except as provided by this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.263.  Seal.

(a) On issuance of a license, the license holder must obtain a seal of a design established by the board bearing:

(1)  the license holder's name;

(2)  the license number;

(3)  the words "Licensed Professional Geoscientist"; and

(4)  the license holder's discipline of geoscience.

(b)  A geoscientific report, document, or other record, as defined by the board, that is offered to the public and prepared or issued by or under the supervision of a licensed geoscientist must, in accordance with rules adopted by the board, include the full name, signature, and license number of the license holder who prepared the report, document, or other record or under whose supervision it was prepared and bear an impression of the license holder's seal.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.264.  Replacement Of Lost, Destroyed, Or Mutilated License.

The board shall issue a new license to replace a license that has been lost, destroyed, or mutilated, subject to the rules and fees adopted by the board.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter G. License Renewal

Section  1002.301.  License Renewal.

(a) Not later than the 60th day before the date the license expires, the board shall notify a license holder of:

(1)  the date the license expires; and

(2)  the amount of the fee required for renewal.

(b)  The board shall renew the license of a license holder who before the date the license expires or within a period not to exceed 60 days after the expiration date:

(1)  submits the required renewal application and fee and a penalty for late renewal, if required; and

(2)  meets the requirements for renewal established by the board.

(c)  The board by rule may establish conditions and fees for the reissuance of a license that has lapsed, expired, or been suspended or revoked.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.302.  Continuing Professional Education.

As a condition for renewal of a license, the board may require each license holder to participate in continuing professional education on a periodic or other basis.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter H. Public Practice Of Geoscience

Section  1002.351.  Public Practice Of Geoscience By Firm Or Corporation.

(a) A firm or corporation may engage in the public practice of geoscience only if:

(1)  the geoscientific work is performed by, or under the supervision of, a licensed geoscientist who is in responsible charge of the work and who signs and seals all geoscientific reports, documents, and other records as required by this chapter; or

(2)  the principal business of the firm or corporation is the public practice of geoscience as determined by board rule and a principal of the firm or an officer or director of the corporation is a licensed geoscientist and has overall supervision and control of the geoscientific work performed in this state.

(b)  The board may adopt rules relating to the public practice of geoscience by a firm or corporation. Rules adopted under this section must recognize that this chapter does not apply to an engineer or engineering firm that performs service or work that is both engineering and geoscience. A firm that engages in the practice of both engineering and geoscience is exempt from any firm registration requirements created under this subsection.

(c)  Except as provided by this section, an individual, firm, or corporation may not represent to the public that the individual, firm, or corporation is a licensed geoscientist or able to perform geoscientific services or prepare a geoscientific report, document, or other record that requires the signature and seal of a license holder under Section 1002.263(b).

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section 1002.352.  Geoscientist In Training.

The board by rule shall establish criteria by which an individual who expresses the intent to become a licensed geoscientist under this chapter may register with the board as a geoscientist in training.

Added by Acts 2009, 81st Leg., R.S., Ch. 504, Sec. 4, eff. September 1, 2009.



Section 1002.353.  Advisory Opinions.

(a) On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion regarding:

(1)  an interpretation of this chapter; or

(2)  the application of this chapter to a person with respect to a specified existing or hypothetical factual situation.

(b)  The board shall respond to a request for an opinion not later than the 180th day after the date the request is submitted to the board unless the board affirmatively states the board's reason for not responding to the request within that period or not responding to the request at all.

(c)  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 document that is available on the Internet.

(d)  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.

(e)  It is a defense to prosecution or to imposition of an administrative 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 2009, 81st Leg., R.S., Ch. 504, Sec. 4, eff. September 1, 2009.



Subchapter I. License Denial And Disciplinary Procedures

Section  1002.401.  Denial Of License.

(a) The board may deny a license:

(1)  to an applicant who fails to satisfy a requirement of this chapter; or

(2)  on a determination by the board that there is probable cause to believe that an applicant has violated:

(A)  this chapter;

(B)  a provision of this chapter to which a license holder would be subject; or

(C)  a comparable provision in the licensing or registration law of another state.

(b)  The board may not issue a license pending the disposition of a complaint alleging a violation in this or another state if the board has notice of the alleged violation.

(c)  The board shall notify an applicant who is denied a license of the reason for denial in writing not later than the 30th day after the date of the board's decision. Not later than the 30th day after the date of receipt of the notice, the applicant may make a written request for a hearing. In the absence of a request for a hearing, the board's action is final.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.402.  Grounds For Disciplinary Action.

The board may impose appropriate sanctions for:

(1)  the practice of fraud or deceit in obtaining a license as a geoscientist;

(2)  incompetence, misconduct, fraud, gross negligence, or repeated incidents of negligence in the public practice of geoscience;

(3)  conviction of a license holder of a crime involving moral turpitude or a felony;

(4)  the imposition of an administrative or civil penalty or a criminal fine, or imprisonment or probation instead of a fine, for a misdemeanor relating to or arising out of the public practice of geoscience;

(5)  the issuance of a cease and desist order or a similar sanction relating to or arising out of the public practice of geoscience;

(6)  using the seal of another license holder or using or allowing the use of the license holder's seal on geoscientific work not performed by or under the supervision of the license holder;

(7)  aiding or abetting a person in a violation of this chapter;

(8)  the revocation or suspension of a license, the denial of renewal of a license, or other disciplinary action taken by a state agency, board of registration, or similar licensing agency for geoscientists or a profession or occupation related to the public practice of geoscience;

(9)  practicing or offering to practice geoscience or representing to the public that the person or the person's firm or corporation is licensed or qualified to practice geoscience if the person is not licensed under this chapter or the person's firm or corporation does not employ a licensed geoscientist as required under this chapter; or

(10)  violating this chapter, a rule adopted under this chapter, including the code of professional conduct, or a comparable provision of the laws or rules regulating the practice of geoscience in another state or country.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.403.  Disciplinary Actions.

(a) The board may take the following disciplinary actions:

(1)  refuse to issue or renew a license;

(2)  permanently revoke a license;

(3)  suspend a license for a specified time, not to exceed three years, to take effect immediately notwithstanding an appeal if the board determines that the license holder's continued practice constitutes an imminent danger to the public health, safety, or welfare;

(4)  issue a public or private reprimand to an applicant, a license holder, or an individual, firm, or corporation practicing geoscience under this chapter;

(5)  impose limitations, conditions, or restrictions on the practice of an applicant, a license holder, or an individual, firm, or corporation practicing geoscience under this chapter;

(6)  require that a license holder participate in a peer review program under rules adopted by the board;

(7)  require that a license holder obtain remedial education and training prescribed by the board;

(8)  impose probation on a license holder requiring regular reporting to the board;

(9)  require restitution, in whole or in part, of compensation or fees earned by a license holder, individual, firm, or corporation practicing geoscience under this chapter;

(10)  impose an appropriate administrative penalty as provided by Subchapter J for a violation of this chapter or a rule adopted under this chapter on a license holder or a person who is not licensed and is not exempt from licensure under this chapter; or

(11)  issue a cease and desist order.

(b)  The board may not impose a sanction for a ground described by Section 1002.402(8) that exceeds in severity or duration the sanction on which the board's action is based.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.404.  Right To Hearing.

A person is entitled to a hearing before the board may suspend or revoke the person's license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.405.  Reinstatement.

(a) On application, the board may reinstate a license to engage in the public practice of geoscience to a person whose license has been revoked if a majority of the entire board votes in favor of the reinstatement.

(b)  As a condition for reinstatement, the board may:

(1)  review the applicant's qualifications and experience;

(2)  require continuing professional education;

(3)  conduct a reexamination on a periodic or other basis; or

(4)  require other evidence of the competence of the applicant.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter J. Administrative Penalty

Section  1002.451.  Imposition Of Penalty.

The board may impose an administrative penalty against a person licensed under this chapter or any other person who violates this chapter or a rule adopted or order issued under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.452.  Amount Of Penalty.

(a) The board may include in the amount of the administrative penalty the actual costs of investigating and prosecuting the violation.

(b)  The amount of the penalty may not exceed $100 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(c)  The amount of the penalty shall be based on:

(1)  the seriousness of the violation, including:

(A)  the nature, circumstances, extent, and gravity of any prohibited acts; 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.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.453.  Administrative Procedure.

(a) The board shall adopt rules of procedure for the imposition of an administrative penalty.

(b)  Rules adopted under this section must conform to the requirements of Chapter 2001, Government Code.

(c)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.454.  Options Following Final Order: 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 approved by the court for the amount of the penalty that is 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 a sworn 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)  On receipt of a copy of an affidavit under Subsection (b)(2), the executive director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.455.  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 of the penalty.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.456.  Judicial Review.

The order of the board is subject to judicial review.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Section  1002.457.  Remittance Of Penalty And Interest.

(a) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty. If the court does not sustain the occurrence of the violation, the court shall order that a penalty is not owed.

(b)  If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:

(1)  order that 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 if the penalty is not imposed or order the release of the bond after the person pays the penalty if the person posted a supersedeas bond.

(c)  Interest accrues under Subsection (b)(1) 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 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.



Subchapter K. Other Enforcement Provisions

Section  1002.501.  Injunction.

The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.


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