82R1074 JAM-D
By: Keffer H.B. No. 1164
A BILL TO BE ENTITLED
AN ACT
relating to enforcement actions by the Texas Board of Professional
Engineers against political subdivisions and certain public
officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.501, Occupations Code, is amended
to read as follows:
Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
Except as provided by Subsection (b), the [The] board may impose an
administrative penalty on a person who violates this chapter or a
rule adopted or order issued under this chapter.
(b) The board may not impose an administrative penalty for a
violation of this chapter on:
(1) a political subdivision of the state; or
(2) a public official or employee of the state or of a
political subdivision of the state who is not licensed under this
chapter.
SECTION 2. Subchapter L, Chapter 1001, Occupations Code, is
amended by adding Section 1001.5531 to read as follows:
Sec. 1001.5531. ENFORCEMENT ACTION PROHIBITED AGAINST
POLITICAL SUBDIVISIONS AND CERTAIN PUBLIC OFFICIALS.
Notwithstanding any other provision, the board may not take any
enforcement action for a violation of this chapter against:
(1) a political subdivision of the state; or
(2) a public official or employee of the state or of a
political subdivision of the state who is not licensed under this
chapter.
SECTION 3. (a) The change in law made by this Act applies
only to an administrative penalty assessed on or after the
effective date of this Act. An administrative penalty assessed
before the effective date of this Act is subject to the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
(b) Section 1001.5531, Occupations Code, as added by this
Act, applies only to a violation for which an enforcement action is
commenced on or after the effective date of this Act, regardless of
when the violation occurred. An action commenced before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2011.