Texas 2011 - 82nd Regular

Texas House Bill HB3166 Compare Versions

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1	1	82R23472 JAM-F
2	2	By: Callegari H.B. No. 3166
3	3	Substitute the following for H.B. No. 3166:
4	4	By: Callegari C.S.H.B. No. 3166
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of architecture,
10	10	engineering, interior design, landscape architecture, and land
11	11	surveying by the Texas Board of Professional Services and the
12	12	abolition of the Texas Board of Professional Engineers, the Texas
13	13	Board of Architectural Examiners, and the Texas Board of
14	14	Professional Land Surveyors.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	ARTICLE 1. CREATING TEXAS BOARD OF PROFESSIONAL SERVICES
17	17	SECTION 1.01. Title 6, Occupations Code, is amended by
18	18	adding Subtitle D to read as follows:
19	19	SUBTITLE D. TEXAS BOARD OF PROFESSIONAL SERVICES
20	20	CHAPTER 1081. TEXAS BOARD OF PROFESSIONAL SERVICES
21	21	SUBCHAPTER A. GENERAL PROVISIONS
22	22	Sec. 1081.001. GENERAL DEFINITIONS. (a) In this subtitle:
23	23	(1) "Board" means the Texas Board of Professional
24	24	Services.
25	25	(2) "Executive director" means the executive director
26	26	of the board.
27	27	(b) Unless the context clearly indicates otherwise, the
28	28	definitions in Chapters 1001, 1051, 1052, 1053, and 1071 apply to
29	29	this chapter.
30	30	Sec. 1081.002. APPLICATION OF SUNSET ACT. The Texas Board
31	31	of Professional Services is subject to Chapter 325, Government Code
32	32	(Texas Sunset Act). Unless continued in existence as provided by
33	33	that chapter, the board is abolished and this title, other than
34	34	Chapter 1002, expires September 1, 2023.
35	35	[Sections 1081.003-1081.050 reserved for expansion]
36	36	SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL SERVICES
37	37	Sec. 1081.051. BOARD MEMBERSHIP. (a) The Texas Board of
38	38	Professional Services consists of 13 members appointed by the
39	39	governor with the advice and consent of the senate as follows:
40	40	(1) five members who are licensed engineers;
41	41	(2) three members who are registered architects;
42	42	(3) one member who is a registered landscape
43	43	architect;
44	44	(4) one member who is a registered interior designer;
45	45	(5) one member who is a registered professional land
46	46	surveyor; and
47	47	(6) two public members.
48	48	(b) Appointments to the board shall be made without regard
49	49	to the race, color, disability, sex, religion, age, or national
50	50	origin of the appointee.
51	51	(c) The legislature shall amend the board's composition as
52	52	necessary so that each profession is represented in proportion to
53	53	the number of license or registration holders in that profession,
54	54	except that no profession may have less than one or more than five
55	55	board members.
56	56	Sec. 1081.052. MEMBER ELIGIBILITY. (a) A person may not be
57	57	a public member of the board if the person or the person's spouse:
58	58	(1) is registered, certified, or licensed by a
59	59	regulatory agency in the field of engineering, architecture,
60	60	interior design, land surveying, or landscape architecture;
61	61	(2) is employed by or participates in the management
62	62	of a business entity or other organization regulated by or
63	63	receiving money from the board;
64	64	(3) owns or controls, directly or indirectly, more
65	65	than a 10 percent interest in a business entity or other
66	66	organization regulated by or receiving money from the board; or
67	67	(4) uses or receives a substantial amount of tangible
68	68	goods, services, or money from the board other than compensation or
69	69	reimbursement authorized by law for board membership, attendance,
70	70	or expenses.
71	71	(b) A member of the board must:
72	72	(1) be a citizen of the United States and a resident of
73	73	this state for at least 10 years before the date of appointment;
74	74	and
75	75	(2) have been engaged in the practice of engineering,
76	76	architecture, interior design, land surveying, or landscape
77	77	architecture, as applicable, for at least 10 years before the date
78	78	of appointment.
79	79	Sec. 1081.053. MEMBERSHIP RESTRICTIONS. (a) In this
80	80	section, "Texas trade association" means a cooperative and
81	81	voluntarily joined statewide association of business or
82	82	professional competitors in this state designed to assist its
83	83	members and its industry or profession in dealing with mutual
84	84	business or professional problems and in promoting their common
85	85	interest.
86	86	(b) A person may not be a member of the board employed in a
87	87	"bona fide executive, administrative, or professional capacity,"
88	88	as that phrase is used for purposes of establishing an exemption to
89	89	the overtime provisions of the federal Fair Labor Standards Act of
90	90	1938 (29 U.S.C. Section 201 et seq.) if:
91	91	(1) the person is an officer, employee, or paid
92	92	consultant of a Texas trade association in the field of
93	93	engineering, architecture, interior design, land surveying, or
94	94	landscape architecture; or
95	95	(2) the person's spouse is an officer, manager, or paid
96	96	consultant of a Texas trade association in the field of
97	97	engineering, architecture, interior design, land surveying, or
98	98	landscape architecture.
99	99	(c) A person may not be a member of the board or act as the
100	100	general counsel to the board if the person is required to register
101	101	as a lobbyist under Chapter 305, Government Code, because of the
102	102	person's activities for compensation on behalf of a profession
103	103	related to the operation of the board.
104	104	Sec. 1081.054. OFFICERS. The governor shall designate a
105	105	member of the board as the presiding officer of the board to serve
106	106	in that capacity at the will of the governor. The board shall elect
107	107	annually from its members an assistant presiding officer, a
108	108	treasurer, and a secretary.
109	109	Sec. 1081.055. GROUNDS FOR REMOVAL. (a) It is a ground for
110	110	removal from the board that a member:
111	111	(1) does not have at the time of taking office the
112	112	qualifications required by Sections 1081.051 and 1081.052;
113	113	(2) does not maintain during service on the board the
114	114	qualifications required by Sections 1081.051 and 1081.052;
115	115	(3) is ineligible for membership under Sections
116	116	1081.052 and 1081.053;
117	117	(4) cannot, because of illness or disability,
118	118	discharge the member's duties for a substantial part of the member's
119	119	term; or
120	120	(5) is absent from more than half of the regularly
121	121	scheduled board meetings that the member is eligible to attend
122	122	during a calendar year without an excuse approved by a majority vote
123	123	of the board.
124	124	(b) The validity of an action of the board is not affected by
125	125	the fact that it is taken when a ground for removal of a board member
126	126	exists.
127	127	(c) If the executive director has knowledge that a potential
128	128	ground for removal exists, the executive director shall notify the
129	129	presiding officer of the board of the potential ground. The
130	130	presiding officer shall then notify the governor and the attorney
131	131	general that a potential ground for removal exists. If the
132	132	potential ground for removal involves the presiding officer, the
133	133	executive director shall notify the next highest ranking officer of
134	134	the board, who shall then notify the governor and the attorney
135	135	general that a potential ground for removal exists.
136	136	Sec. 1081.056. TRAINING. (a) A person who is appointed to
137	137	and qualifies for office as a member of the board may not vote,
138	138	deliberate, or be counted as a member in attendance at a meeting of
139	139	the board until the person completes a training program that
140	140	complies with this section.
141	141	(b) The training program must provide the person with
142	142	information regarding:
143	143	(1) this title, other than Chapter 1002;
144	144	(2) the programs, functions, rules, and budget of the
145	145	board;
146	146	(3) the results of the most recent formal audit of the
147	147	board;
148	148	(4) the requirements of laws relating to open
149	149	meetings, public information, administrative procedure, and
150	150	conflicts of interest; and
151	151	(5) any applicable ethics policies adopted by the
152	152	board or the Texas Ethics Commission.
153	153	(c) A person appointed to the board is entitled to
154	154	reimbursement, as provided by the General Appropriations Act, for
155	155	the travel expenses incurred in attending the training program
156	156	regardless of whether the attendance at the program occurs before
157	157	or after the person qualifies for office.
158	158	Sec. 1081.057. TERMS; VACANCY. (a) Members of the board
159	159	serve staggered six-year terms, with either four or five members'
160	160	terms, as applicable, expiring on January 31 of each odd-numbered
161	161	year.
162	162	(b) If a vacancy occurs during a member's term, the governor
163	163	shall appoint a replacement to fill the unexpired term.
164	164	Sec. 1081.058. COMPENSATION; PER DIEM. (a) A board member
165	165	may not receive compensation for the member's services.
166	166	(b) A member is entitled to a per diem and travel allowance
167	167	for each day the member engages in board business at the rate set
168	168	for state employees in the General Appropriations Act.
169	169	Sec. 1081.059. MEETINGS. (a) The board shall hold at least
170	170	two regular meetings each year.
171	171	(b) Additional meetings may be held as provided by the
172	172	board's bylaws.
173	173	Sec. 1081.060. PUBLIC TESTIMONY. The board shall develop
174	174	and implement policies that provide the public with a reasonable
175	175	opportunity to appear before the board and to speak on any issue
176	176	under the jurisdiction of the board.
177	177	Sec. 1081.061. PARTICIPATION OF PUBLIC MEMBERS. (a) The
178	178	board by majority vote may limit the participation of public
179	179	members in evaluating license applications.
180	180	(b) This section does not apply to the evaluation of license
181	181	applications at an official meeting of the board.
182	182	Sec. 1081.062. FILING OF OATH. Before assuming the duties
183	183	of office, each board member must file with the secretary of state a
184	184	copy of the constitutional oath of office taken by the member.
185	185	CHAPTER 1082. EXECUTIVE DIRECTOR AND PERSONNEL
186	186	Sec. 1082.001. EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY.
187	187	(a) The board may employ an executive director to conduct the
188	188	affairs of the board under the board's direction. The executive
189	189	director shall receive a salary in an amount determined by the
190	190	board.
191	191	(b) The executive director shall receive and account for any
192	192	money derived, including any fee collected, under this title, other
193	193	than Chapter 1002.
194	194	Sec. 1082.002. PERSONNEL. (a) The board shall employ
195	195	clerical or other assistants as necessary to perform the board's
196	196	work.
197	197	(b) A salary paid under this section may not exceed the
198	198	salary paid for similar work in other departments.
199	199	Sec. 1082.003. CAREER LADDER PROGRAM; PERFORMANCE
200	200	EVALUATIONS. (a) The executive director or the executive
201	201	director's designee shall develop an intra-agency career ladder
202	202	program. The program must require intra-agency posting of each
203	203	nonentry level position with the board at least 10 days before the
204	204	date of any public posting.
205	205	(b) The executive director or the executive director's
206	206	designee shall develop a system of annual performance evaluations
207	207	of the board's employees based on measurable job tasks. All merit
208	208	pay authorized by the executive director must be based on the system
209	209	established under this subsection.
210	210	Sec. 1082.004. DIVISION OF RESPONSIBILITIES. The board
211	211	shall develop and implement policies that clearly separate the
212	212	policy-making responsibilities of the board and the management
213	213	responsibilities of the executive director and the staff of the
214	214	board.
215	215	Sec. 1082.005. QUALIFICATIONS AND STANDARDS OF CONDUCT
216	216	INFORMATION. The executive director or the executive director's
217	217	designee shall provide to members of the board and to board
218	218	employees, as often as necessary, information regarding the
219	219	requirements for office or employment under this chapter, including
220	220	information regarding a person's responsibilities under applicable
221	221	laws relating to standards of conduct for state officers or
222	222	employees.
223	223	Sec. 1082.006. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
224	224	REPORT. (a) The executive director or the executive director's
225	225	designee shall prepare and maintain a written policy statement that
226	226	implements a program of equal employment opportunity to ensure that
227	227	all personnel decisions are made without regard to race, color,
228	228	disability, sex, religion, age, or national origin.
229	229	(b) The policy statement must include:
230	230	(1) personnel policies, including policies relating
231	231	to recruitment, evaluation, selection, training, and promotion of
232	232	personnel, that show the intent of the board to avoid the unlawful
233	233	employment practices described by Chapter 21, Labor Code; and
234	234	(2) an analysis of the extent to which the composition
235	235	of the board's personnel is in accordance with state and federal law
236	236	and a description of reasonable methods to achieve compliance with
237	237	state and federal law.
238	238	(c) The policy statement must:
239	239	(1) be updated annually;
240	240	(2) be reviewed by the civil rights division of the
241	241	Texas Workforce Commission for compliance with Subsection (b)(1);
242	242	and
243	243	(3) be filed with the governor's office.
244	244	CHAPTER 1083. BOARD POWERS AND DUTIES
245	245	SUBCHAPTER A. GENERAL POWERS AND DUTIES OF BOARD
246	246	Sec. 1083.001. GENERAL POWERS AND DUTIES. (a) The board
247	247	shall administer and enforce this title, other than Chapter 1002.
248	248	(b) The board may spend money for any purpose the board
249	249	considers reasonably necessary for the proper performance of its
250	250	duties under this title, other than Chapter 1002.
251	251	Sec. 1083.002. RULES. The board may adopt and enforce any
252	252	rule or bylaw necessary to perform its duties, govern its
253	253	proceedings, and regulate the practice of engineering,
254	254	architecture, interior design, landscape architecture, and land
255	255	surveying.
256	256	Sec. 1083.003. RULES RESTRICTING ADVERTISING OR
257	257	COMPETITIVE BIDDING. (a) The board by rule shall prescribe
258	258	standards for compliance with Subchapter A, Chapter 2254,
259	259	Government Code.
260	260	(b) Except as provided by Subsection (a), the board may not
261	261	adopt rules restricting advertising or competitive bidding by a
262	262	license holder except to prohibit false, misleading, or deceptive
263	263	practices.
264	264	(c) In its rules to prohibit false, misleading, or deceptive
265	265	practices, the board may not include a rule that:
266	266	(1) restricts the use of any medium for advertising;
267	267	(2) restricts the use of a license holder's personal
268	268	appearance or voice in an advertisement;
269	269	(3) relates to the size or duration of an
270	270	advertisement by the license holder; or
271	271	(4) restricts the license holder's advertisement under
272	272	a trade name.
273	273	Sec. 1083.004. RULES ON CONSEQUENCES OF CRIMINAL
274	274	CONVICTION. The board shall adopt rules and guidelines as
275	275	necessary to comply with Chapter 53.
276	276	Sec. 1083.005. FEES. (a) The board shall establish the
277	277	following fees in amounts reasonable and necessary to cover the
278	278	costs of administering this title, other than Chapter 1002:
279	279	(1) license and certificate of registration fees;
280	280	(2) annual and late renewal fees;
281	281	(3) reciprocal license and registration fees;
282	282	(4) duplicate license and registration fees;
283	283	(5) engineer-in-training certificate fee;
284	284	(6) roster of license and registration holders fee;
285	285	(7) examination fees;
286	286	(8) registration fee for engineering firm; and
287	287	(9) inactive status fee.
288	288	(b) The board may set a fee for a board action involving an
289	289	administrative expense in an amount that is reasonable and
290	290	necessary to cover the cost of administering this title, other than
291	291	Chapter 1002, unless the amount of the fee is set by this chapter or
292	292	by the General Appropriations Act.
293	293	(c) The board shall set the required renewal fee under
294	294	Chapter 1051 for:
295	295	(1) a resident of this state in an amount that is equal
296	296	to the sum of:
297	297	(A) the amount determined by the board as
298	298	reasonable and necessary to cover administrative costs; and
299	299	(B) an amount determined annually by the board as
300	300	reasonable and necessary for the administration of the examination
301	301	fee scholarship program under Section 1083.102; and
302	302	(2) nonresidents in an amount determined by the board.
303	303	(d) The board may accept payment of a fee by electronic
304	304	means. The board may charge a fee to process the payment made by
305	305	electronic means. The board shall set the processing fee in an
306	306	amount that is reasonably related to the expense incurred by the
307	307	board in processing the payment made by electronic means, not to
308	308	exceed five percent of the amount of the fee for which the payment
309	309	is made.
310	310	(e) A fee set by the board under this section may not be used
311	311	for the purpose of earning additional revenue for the board.
312	312	Sec. 1083.006. STANDARDS OF CONDUCT AND ETHICS. The board
313	313	may establish standards of conduct and ethics for license and
314	314	registration holders in keeping with the purposes and intent of
315	315	this title, other than Chapter 1002, and to ensure strict
316	316	compliance with and enforcement of this title, other than Chapter
317	317	1002.
318	318	Sec. 1083.007. ROSTER OF LICENSE AND REGISTRATION HOLDERS.
319	319	(a) The board shall prepare and publish a roster of persons,
320	320	including business entities, licensed, registered, certified, or
321	321	enrolled by the board. The roster shall include the name, business
322	322	address, and other identifying information required by board rule.
323	323	(b) The board shall make the roster available to the public
324	324	without cost in an online computer database format.
325	325	(c) The board shall provide a physical copy of the roster on
326	326	request and may charge a reproduction and shipping fee for
327	327	providing a physical copy of the roster.
328	328	Sec. 1083.008. REGISTER OF APPLICANTS. The board shall
329	329	maintain a register of license and registration applications that
330	330	shows:
331	331	(1) the name, age, and residence of each applicant;
332	332	(2) the date of the application;
333	333	(3) the applicant's place of business;
334	334	(4) the applicant's educational and other
335	335	qualifications;
336	336	(5) whether an examination was required;
337	337	(6) whether the applicant was issued or denied a
338	338	license or registration;
339	339	(7) the date of board action; and
340	340	(8) any other information the board considers
341	341	necessary.
342	342	Sec. 1083.009. CONTINUING EDUCATION PROGRAMS. (a) The
343	343	board shall recognize, prepare, or administer continuing education
344	344	programs for its license and registration holders. A license or
345	345	registration holder must participate in the programs to the extent
346	346	required by the board to keep the person's license or registration.
347	347	(b) The board may not require a license or registration
348	348	holder to obtain more than 15 hours of continuing education
349	349	annually. The board shall permit a license or registration holder
350	350	to certify at the time the license or registration is renewed that
351	351	the license or registration holder has complied with the board's
352	352	continuing education requirements.
353	353	(c) The board shall permit a license or registration holder
354	354	to receive continuing education credit for educational, technical,
355	355	ethical, or professional management activities related to the
356	356	practice of engineering, architecture, interior design, landscape
357	357	architecture, or land surveying, including:
358	358	(1) successfully completing or auditing a course
359	359	sponsored by an institution of higher education;
360	360	(2) successfully completing a course certified by a
361	361	professional or trade organization;
362	362	(3) attending a seminar, tutorial, short course,
363	363	correspondence course, videotaped course, or televised course;
364	364	(4) participating in an in-house course sponsored by a
365	365	corporation or other business entity;
366	366	(5) teaching a course described by Subdivisions
367	367	(1)-(4);
368	368	(6) publishing an article, paper, or book on the
369	369	practice of engineering, architecture, interior design, landscape
370	370	architecture, or land surveying;
371	371	(7) making or attending a presentation at a meeting of
372	372	a technical or engineering, architecture, interior design,
373	373	landscape architecture, or land surveying management society or
374	374	organization or writing a paper presented at such a meeting;
375	375	(8) participating in the activities of a professional
376	376	society or association, including serving on a committee of the
377	377	organization; and
378	378	(9) engaging in self-directed study.
379	379	(d) A license or registration holder may not receive more
380	380	than five continuing education credit hours annually for engaging
381	381	in self-directed study.
382	382	Sec. 1083.010. RECORDS. (a) The board shall maintain a
383	383	record of its proceedings.
384	384	(b) The board's records shall be available to the public at
385	385	all times.
386	386	(c) The board's records are prima facie evidence of the
387	387	proceedings of the board set forth in the records. A transcript of
388	388	the records certified by the secretary of the board under seal is
389	389	admissible in evidence with the same effect as if it were the
390	390	original.
391	391	Sec. 1083.011. CONFIDENTIALITY OF CERTAIN INFORMATION
392	392	RELATED TO LICENSE APPLICATION. (a) A statement made by a person
393	393	providing a reference for an applicant and other pertinent
394	394	information compiled by or submitted to the board relating to an
395	395	applicant for a license or registration under this title, other
396	396	than Chapter 1002, is privileged and confidential.
397	397	(b) Information described by Subsection (a) may be used only
398	398	by the board or its employees or agents who are directly involved in
399	399	the application or licensing or registration process. The
400	400	information is not subject to discovery, subpoena, or other
401	401	disclosure.
402	402	Sec. 1083.012. SUBPOENA. (a) The board may request and, if
403	403	necessary, compel by subpoena:
404	404	(1) the attendance of a witness for examination under
405	405	oath; and
406	406	(2) the production for inspection or copying of
407	407	records, documents, and other evidence relevant to the
408	408	investigation of an alleged violation of this title, other than
409	409	Chapter 1002.
410	410	(b) The board, acting through the attorney general, may
411	411	bring an action to enforce a subpoena issued under Subsection (a)
412	412	against a person who fails to comply with the subpoena.
413	413	(c) Venue for an action brought under Subsection (b) is in a
414	414	district court in:
415	415	(1) Travis County; or
416	416	(2) the county in which the board may hold a hearing.
417	417	(d) The court shall order compliance with the subpoena if
418	418	the court finds that good cause exists to issue the subpoena.
419	419	Sec. 1083.013. TECHNOLOGY POLICY. The board shall develop
420	420	and implement a policy requiring the executive director and board
421	421	employees to research and propose appropriate technological
422	422	solutions to improve the board's ability to perform its functions.
423	423	The technological solutions must:
424	424	(1) ensure that the public is able to find information
425	425	about the board on the Internet;
426	426	(2) ensure that persons who want to use the board's
427	427	services are able to:
428	428	(A) interact with the board through the Internet;
429	429	and
430	430	(B) access any service that can be provided
431	431	effectively through the Internet; and
432	432	(3) be cost-effective and developed through the
433	433	board's planning processes.
434	434	Sec. 1083.014. NEGOTIATED RULEMAKING AND ALTERNATIVE
435	435	DISPUTE RESOLUTION POLICY. (a) The board shall develop and
436	436	implement a policy to encourage the use of:
437	437	(1) negotiated rulemaking procedures under Chapter
438	438	2008, Government Code, for the adoption of board rules; and
439	439	(2) appropriate alternative dispute resolution
440	440	procedures under Chapter 2009, Government Code, to assist in the
441	441	resolution of internal and external disputes under the board's
442	442	jurisdiction.
443	443	(b) The board's procedures relating to alternative dispute
444	444	resolution must conform, to the extent possible, to any model
445	445	guidelines issued by the State Office of Administrative Hearings
446	446	for the use of alternative dispute resolution by state agencies.
447	447	(c) The board shall designate a trained person to:
448	448	(1) coordinate the implementation of the policy
449	449	adopted under Subsection (a);
450	450	(2) serve as a resource for any training needed to
451	451	implement the procedures for negotiated rulemaking or alternative
452	452	dispute resolution; and
453	453	(3) collect data concerning the effectiveness of those
454	454	procedures, as implemented by the board.
455	455	Sec. 1083.015. BOARD SEAL. (a) The board shall adopt a
456	456	seal and shall use the seal on official documents.
457	457	(b) The design of the seal must include a five-pointed star
458	458	with a circular border and the words "Texas Board of Professional
459	459	Services" within the border.
460	460	[Sections 1083.016-1083.050 reserved for expansion]
461	461	SUBCHAPTER B. POWERS AND DUTIES OF BOARD SPECIFIC TO ENGINEERS
462	462	Sec. 1083.051. REDUCED FEES: ELDERLY, DISABLED, INACTIVE
463	463	STATUS. (a) For purposes of this section, a person is disabled if
464	464	the person has a mental or physical impairment that substantially
465	465	limits the ability of the person to earn a living as an engineer,
466	466	other than an impairment caused by a current addiction to the use of
467	467	alcohol or an illegal drug or controlled substance.
468	468	(b) The board by rule may adopt reduced license fees and
469	469	annual renewal fees for engineers who are:
470	470	(1) at least 65 years of age; or
471	471	(2) disabled and not actively engaged in the practice
472	472	of engineering.
473	473	(c) A person entitled to reduced fees under Subsection
474	474	(b)(2) shall notify the board that the person has resumed the active
475	475	practice of engineering not later than the 15th day after the date
476	476	the person resumes active practice.
477	477	Sec. 1083.052. FEE INCREASE. (a) The fee for a license
478	478	under Chapter 1001, for the annual renewal of that license, and for
479	479	a reciprocal license under Chapter 1001 is increased by $200.
480	480	(b) Of each fee increase collected, $50 shall be deposited
481	481	in the foundation school fund and $150 shall be deposited in the
482	482	general revenue fund.
483	483	(c) The fee increase imposed by Subsection (a) does not
484	484	apply to an engineer who:
485	485	(1) meets the qualifications for an exemption under
486	486	Section 1001.057 or 1001.058 but does not claim that exemption;
487	487	(2) is disabled as described by Section 1083.051;
488	488	(3) is on inactive status as provided by Section
489	489	1001.355; or
490	490	(4) is 65 years of age or older.
491	491	[Sections 1083.053-1083.100 reserved for expansion]
492	492	SUBCHAPTER C. POWERS AND DUTIES OF BOARD SPECIFIC TO ARCHITECTS
493	493	Sec. 1083.101. FEE INCREASE. (a) The fee for the issuance
494	494	of a certificate to an applicant possessing a license or
495	495	certificate to practice architecture in another state and the fee
496	496	for the renewal of a certificate under Chapter 1051 are increased by
497	497	$200.
498	498	(b) Of each fee increase collected, $50 shall be deposited
499	499	in the foundation school fund and $150 shall be deposited in the
500	500	general revenue fund.
501	501	Sec. 1083.102. EXAMINATION FEE SCHOLARSHIPS. (a) The
502	502	board shall administer scholarships to applicants for examination
503	503	under Article 3, Chapter 1051, in a manner the board determines best
504	504	serves the public purpose of:
505	505	(1) promoting the professional needs of the state;
506	506	(2) increasing the number of highly trained and
507	507	educated architects available to serve the residents of the state;
508	508	(3) improving the state's business environment and
509	509	encouraging economic development; and
510	510	(4) identifying, recognizing, and supporting
511	511	outstanding applicants who plan to pursue careers in architecture.
512	512	(b) In determining what best serves the public purpose of
513	513	the scholarships as described by Subsection (a), the board shall
514	514	consider at least the financial need of each person who applies for
515	515	a scholarship under this section.
516	516	(c) The amount of the scholarship is the lesser of:
517	517	(1) $500; or
518	518	(2) the amount of the required examination fee.
519	519	(d) Scholarships under this section are funded by the amount
520	520	added to each renewal fee under Section 1083.005(c). The board may
521	521	not use more than 15 percent of the amount appropriated to the board
522	522	for scholarships under this section to pay the costs of
523	523	administering the scholarships.
524	524	Sec. 1083.103. DESIGN AND APPROVAL OF ARCHITECT'S SEAL.
525	525	(a) The board shall prescribe and approve the seal to be used by an
526	526	architect.
527	527	(b) The design of the seal must be the same as the design
528	528	used by the board, except that the words "Registered Architect,
529	529	State of Texas" must be used instead of "Texas Board of Professional
530	530	Services."
531	531	[Sections 1083.104-1083.150 reserved for expansion]
532	532	SUBCHAPTER D. POWERS AND DUTIES OF BOARD SPECIFIC TO LANDSCAPE
533	533	ARCHITECTS
534	534	Sec. 1083.151. FEE INCREASE. (a) The fee for the issuance
535	535	of a certificate of registration under Chapter 1052 and the fee for
536	536	the renewal of a certificate of registration under Chapter 1052 is
537	537	increased by $200.
538	538	(b) Of each fee increase collected, $50 shall be deposited
539	539	in the foundation school fund and $150 shall be deposited in the
540	540	general revenue fund.
541	541	Sec. 1083.152. DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S
542	542	SEAL. (a) The board shall prescribe and approve the seal to be used
543	543	by a landscape architect.
544	544	(b) The design of the seal must be the same as the design
545	545	used by the board, except that the words "Registered Landscape
546	546	Architect, State of Texas" must be used instead of "Texas Board of
547	547	Professional Services."
548	548	[Sections 1083.153-1083.200 reserved for expansion]
549	549	SUBCHAPTER E. POWERS AND DUTIES OF BOARD
550	550	SPECIFIC TO LAND SURVEYORS
551	551	Sec. 1083.201. FEE INCREASE. (a) The fee for the issuance
552	552	of a certificate of registration to a registered professional land
553	553	surveyor under Chapter 1071 and the fee for the renewal of a
554	554	certificate of registration for a registered professional land
555	555	surveyor under Chapter 1071 is increased by $200.
556	556	(b) Of each fee increase collected, $50 shall be deposited
557	557	in the foundation school fund and $150 shall be deposited in the
558	558	general revenue fund.
559	559	(c) This section does not apply to state agency employees
560	560	who are employed by the state as land surveyors.
561	561	Sec. 1083.202. REDUCED FEES FOR ELDERLY LAND SURVEYORS.
562	562	The board by rule may adopt reduced certificate of registration and
563	563	license fees and annual renewal fees for land surveyors who are at
564	564	least 65 years of age.
565	565	[Sections 1083.203-1083.250 reserved for expansion]
566	566	SUBCHAPTER F. POWERS AND DUTIES OF BOARD SPECIFIC TO INTERIOR
567	567	DESIGNERS
568	568	Sec. 1083.251. FEE INCREASE. (a) The fee for the issuance
569	569	of a certificate of registration under Chapter 1053 and the fee for
570	570	the renewal of a certificate of registration under Chapter 1053 is
571	571	increased by $200.
572	572	(b) Of each fee increase collected, $50 shall be deposited
573	573	in the foundation school fund and $150 shall be deposited in the
574	574	general revenue fund.
575	575	Sec. 1083.252. DESIGN AND APPROVAL OF INTERIOR DESIGNER'S
576	576	SEAL. (a) The board shall prescribe and approve the seal to be used
577	577	by an interior designer.
578	578	(b) The design of the seal must be the same as the design
579	579	used by the board, except that the words "Registered Interior
580	580	Designer, State of Texas" must be used instead of "Texas Board of
581	581	Professional Services."
582	582	ARTICLE 2. REGULATION OF ENGINEERING, ARCHITECTURE, INTERIOR
583	583	DESIGN, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING
584	584	SECTION 2.01. Section 1001.002(1), Occupations Code, is
585	585	amended to read as follows:
586	586	(1) "Board" means the Texas Board of Professional
587	587	Services [Engineers].
588	588	SECTION 2.02. Section 1001.063, Occupations Code, is
589	589	amended to read as follows:
590	590	Sec. 1001.063. ARCHITECTS, LANDSCAPE ARCHITECTS, AND
591	591	INTERIOR DESIGNERS. This chapter or a rule adopted under this
592	592	chapter does not prevent or otherwise restrict a person registered
593	593	[licensed] as an architect under Chapter 1051, a landscape
594	594	architect under Chapter 1052, or an interior designer under Chapter
595	595	1053 from performing an act, service, or work that is within the
596	596	definition of the person's practice under those chapters.
597	597	SECTION 2.03. Sections 1001.353(b) and (c), Occupations
598	598	Code, are amended to read as follows:
599	599	(b) A person whose license has been expired for 90 days or
600	600	less may renew the license by paying to the board the required
601	601	annual renewal fee, a late renewal fee, and any applicable increase
602	602	in fees as required by Section 1083.052 [1001.206].
603	603	(c) A person whose license has been expired for more than 90
604	604	days but less than two years may renew the license by paying to the
605	605	board the required annual renewal fee, a late renewal fee, and any
606	606	applicable increase in fees as required by Section 1083.052
607	607	[1001.206] for each delinquent year or part of a year.
608	608	SECTION 2.04. Section 1001.355(d), Occupations Code, is
609	609	amended to read as follows:
610	610	(d) To return to active status, a license holder on inactive
611	611	status must:
612	612	(1) file with the board a written notice requesting
613	613	reinstatement to active status;
614	614	(2) pay the fee for the annual renewal of the license
615	615	and the fee increase required by Section 1083.052 [1001.206]; and
616	616	(3) provide evidence satisfactory to the board that
617	617	the person has complied with the continuing education requirements
618	618	adopted by the board.
619	619	SECTION 2.05. The heading to Chapter 1051, Occupations
620	620	Code, is amended to read as follows:
621	621	CHAPTER 1051. [TEXAS BOARD OF ARCHITECTURAL EXAMINERS;] GENERAL
622	622	PROVISIONS AFFECTING ARCHITECTS, LANDSCAPE ARCHITECTS, AND
623	623	INTERIOR DESIGNERS; PROVISIONS AFFECTING ONLY ARCHITECTS
624	624	SECTION 2.06. The heading to Article 1, Chapter 1051,
625	625	Occupations Code, is amended to read as follows:
626	626	ARTICLE 1. GENERAL PROVISIONS[; BOARD OF ARCHITECTURAL EXAMINERS]
627	627	SECTION 2.07. Section 1051.001(2), Occupations Code, is
628	628	amended to read as follows:
629	629	(2) "Board" means the Texas Board of Professional
630	630	Services [Architectural Examiners].
631	631	SECTION 2.08. Section 1051.355(b), Occupations Code, is
632	632	amended to read as follows:
633	633	(b) A person whose certificate of registration is on
634	634	inactive status must pay an annual renewal fee on a date and in a
635	635	manner prescribed by board rule. The board shall prescribe the
636	636	renewal fee under this subsection in an amount equal to the sum of:
637	637	(1) the amount determined by the board as reasonable
638	638	and necessary to cover the costs of administering this section; and
639	639	(2) except as provided by Subsection (e), the
640	640	additional amount required under Section 1083.005(c)(1)(B)
641	641	[1051.651(b)(1)(B)] for the examination fee scholarship program.
642	642	ARTICLE 3. CONFORMING AMENDMENTS
643	643	SECTION 3.01. Section 2, Self-Directed Semi-Independent
644	644	Agency Act (Article 8930, Revised Statutes), is amended to read as
645	645	follows:
646	646	Sec. 2. The Texas State Board of Public Accountancy
647	647	[following agencies] shall be part of the pilot project created by
648	648	this Act[:
649	649	[(1) the Texas State Board of Public Accountancy;
650	650	[(2) the Texas Board of Professional Engineers; and
651	651	[(3) the Texas Board of Architectural Examiners].
652	652	SECTION 3.02. Section 6(c), Self-Directed Semi-Independent
653	653	Agency Act (Article 8930, Revised Statutes), is amended to read as
654	654	follows:
655	655	(c) The Texas State Board of Public Accountancy shall
656	656	annually remit $703,344 to the general revenue fund[, the Texas
657	657	Board of Professional Engineers shall annually remit $373,900 to
658	658	the general revenue fund, and the Texas Board of Architectural
659	659	Examiners shall annually remit $510,000 to the general revenue
660	660	fund].
661	661	SECTION 3.03. Section 61.0822, Education Code, is amended
662	662	to read as follows:
663	663	Sec. 61.0822. CONTRACT WITH TEXAS BOARD OF PROFESSIONAL
664	664	SERVICES [ARCHITECTURAL EXAMINERS]. The board may contract with
665	665	the Texas Board of Professional Services [Architectural Examiners]
666	666	to administer the examination fee scholarship program established
667	667	under Section 1083.102 [1051.206], Occupations Code.
668	668	SECTION 3.04. Section 411.122(d), Government Code, as
669	669	amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933
670	670	(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009,
671	671	is reenacted and amended to read as follows:
672	672	(d) The following state agencies are subject to this
673	673	section:
674	674	(1) Texas Appraiser Licensing and Certification
675	675	Board;
676	676	(2) Texas Board of Professional Services
677	677	[Architectural Examiners];
678	678	(3) Texas Board of Chiropractic Examiners;
679	679	(4) State Board of Dental Examiners;
680	680	(5) [Texas Board of Professional Engineers;
681	681	[(6)] Texas Funeral Service Commission;
682	682	(6) [(7)] Texas Board of Professional Geoscientists;
683	683	(7) [(8)] Department of State Health Services, except
684	684	as provided by Section 411.110, and agencies attached to the
685	685	department, including:
686	686	(A) Texas State Board of Examiners of Dietitians;
687	687	(B) Texas State Board of Examiners of Marriage
688	688	and Family Therapists;
689	689	(C) Midwifery Board;
690	690	(D) Texas State Perfusionist Advisory Committee;
691	691	(E) Texas State Board of Examiners of
692	692	Professional Counselors;
693	693	(F) Texas State Board of Social Worker Examiners;
694	694	(G) State Board of Examiners for Speech-Language
695	695	Pathology and Audiology;
696	696	(H) Advisory Board of Athletic Trainers;
697	697	(I) State Committee of Examiners in the Fitting
698	698	and Dispensing of Hearing Instruments;
699	699	(J) Texas Board of Licensure for Professional
700	700	Medical Physicists; and
701	701	(K) Texas Board of Orthotics and Prosthetics;
702	702	(8) [(9) Texas Board of Professional Land Surveying;
703	703	[(10)] Texas Department of Licensing and Regulation,
704	704	except as provided by Section 411.093;
705	705	(9) [(11)] Texas Commission on Environmental Quality;
706	706	(10) [(12)] Texas Board of Occupational Therapy
707	707	Examiners;
708	708	(11) [(13)] Texas Optometry Board;
709	709	(12) [(14)] Texas State Board of Pharmacy;
710	710	(13) [(15)] Texas Board of Physical Therapy
711	711	Examiners;
712	712	(14) [(16)] Texas State Board of Plumbing Examiners;
713	713	(15) [(17)] Texas State Board of Podiatric Medical
714	714	Examiners;
715	715	(16) [(18)] Texas State Board of Examiners of
716	716	Psychologists;
717	717	(17) [(19)] Texas Real Estate Commission;
718	718	(18) [(20)] Texas Department of Transportation;
719	719	(19) [(21)] State Board of Veterinary Medical
720	720	Examiners;
721	721	(20) [(22)] Texas Department of Housing and Community
722	722	Affairs;
723	723	(21) [(23)] secretary of state;
724	724	(22) [(24)] state fire marshal;
725	725	(23) [(25)] Texas Education Agency;
726	726	(24) [(26)] Department of Agriculture; and
727	727	(25) [(27)] Texas Department of Motor Vehicles.
728	728	SECTION 3.05. Section 469.104, Government Code, is amended
729	729	to read as follows:
730	730	Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
731	731	The commission shall report to the Texas Board of Professional
732	732	Services [Architectural Examiners, the Texas Board of Professional
733	733	Engineers, or another appropriate licensing authority] the failure
734	734	of any architect, interior designer, landscape architect, or
735	735	engineer to submit or resubmit in a timely manner plans and
736	736	specifications to the department as required by this subchapter.
737	737	SECTION 3.06. Section 2054.352(a), Government Code, as
738	738	amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
739	739	81st Legislature, Regular Session, 2009, is reenacted and amended
740	740	to read as follows:
741	741	(a) The following licensing entities shall participate in
742	742	the system established under Section 2054.353:
743	743	(1) Texas Board of Chiropractic Examiners;
744	744	(2) Court Reporters Certification Board;
745	745	(3) State Board of Dental Examiners;
746	746	(4) Texas Funeral Service Commission;
747	747	(5) Texas Board of Professional Services [Land
748	748	Surveying];
749	749	(6) Texas Medical Board;
750	750	(7) Texas Board of Nursing;
751	751	(8) Texas Optometry Board;
752	752	(9) Department of Agriculture, for licenses issued
753	753	under Chapter 1951, Occupations Code;
754	754	(10) Texas State Board of Pharmacy;
755	755	(11) Executive Council of Physical Therapy and
756	756	Occupational Therapy Examiners;
757	757	(12) Texas State Board of Plumbing Examiners;
758	758	(13) Texas State Board of Podiatric Medical Examiners;
759	759	(14) Texas State Board of Examiners of Psychologists;
760	760	(15) State Board of Veterinary Medical Examiners;
761	761	(16) Texas Real Estate Commission;
762	762	(17) Texas Appraiser Licensing and Certification
763	763	Board;
764	764	(18) Texas Department of Licensing and Regulation;
765	765	(19) Texas State Board of Public Accountancy;
766	766	(20) State Board for Educator Certification;
767	767	(21) [Texas Board of Professional Engineers;
768	768	[(22)] Department of State Health Services;
769	769	(22) [(23) Texas Board of Architectural Examiners;
770	770	[(24)] Texas Racing Commission;
771	771	(23) [(25)] Commission on Law Enforcement Officer
772	772	Standards and Education; and
773	773	(24) [(26)] Texas Private Security Board.
774	774	SECTION 3.07. Section 2166.202(b), Government Code, is
775	775	amended to read as follows:
776	776	(b) The commission, in consultation with the Texas Board of
777	777	Professional Services [Architectural Examiners and the Texas Board
778	778	of Professional Engineers], shall adopt by rule criteria to
779	779	evaluate the competence and qualifications of a prospective private
780	780	design professional.
781	781	SECTION 3.08. Section 361.901(6), Health and Safety Code,
782	782	is amended to read as follows:
783	783	(6) "Licensed professional engineer" means a person
784	784	licensed by the Texas Board of Professional Services [Engineers].
785	785	SECTION 3.09. Section 366.071(c), Health and Safety Code,
786	786	is amended to read as follows:
787	787	(c) A person who conducts preconstruction site evaluations,
788	788	including visiting a site and performing a soil analysis, a site
789	789	survey, or other activities necessary to determine the suitability
790	790	of a site for an on-site sewage disposal system must hold a license
791	791	issued by the commission under Chapter 37, Water Code, unless the
792	792	person is licensed by the Texas Board of Professional Services
793	793	[Engineers] as an engineer.
794	794	SECTION 3.10. Section 2210.102(g), Insurance Code, is
795	795	amended to read as follows:
796	796	(g) The commissioner shall appoint one person to serve as a
797	797	nonvoting member of the board to advise the board regarding issues
798	798	relating to the inspection process. The commissioner may give
799	799	preference in an appointment under this subsection to a person who
800	800	is a qualified inspector under Section 2210.254. The nonvoting
801	801	member appointed under this section must:
802	802	(1) be an engineer licensed by, and in good standing
803	803	with, the Texas Board of Professional Services [Engineers];
804	804	(2) reside in a first tier coastal county; and
805	805	(3) be knowledgeable of, and have professional
806	806	expertise in, wind-related design and construction practices in
807	807	coastal areas that are subject to high winds and hurricanes.
808	808	SECTION 3.11. Section 2210.255(a), Insurance Code, is
809	809	amended to read as follows:
810	810	(a) On request of an engineer licensed by the Texas Board of
811	811	Professional Services [Engineers], the commissioner shall appoint
812	812	the engineer as an inspector under this subchapter not later than
813	813	the 10th day after the date the engineer delivers to the
814	814	commissioner information demonstrating that the engineer is
815	815	qualified to perform windstorm inspections under this subchapter.
816	816	SECTION 3.12. Section 2210.256(f), Insurance Code, is
817	817	amended to read as follows:
818	818	(f) If an appointee is an engineer licensed by the Texas
819	819	Board of Professional Services [Engineers] who is found by the
820	820	department to have knowingly, wilfully, fraudulently, or with gross
821	821	negligence signed or caused to be prepared an inspection report
822	822	that contains a false or fraudulent statement, the commissioner may
823	823	take action against the appointee in the manner provided by
824	824	Subsections (a) and (b) but may not assess a fine against the
825	825	appointee. The commissioner shall notify the Texas Board of
826	826	Professional Services [Engineers] of an order issued by the
827	827	commissioner against an appointee who is an engineer licensed by
828	828	that board, including an order suspending or revoking the
829	829	appointment of the person.
830	830	SECTION 3.13. Section 214.215(d), Local Government Code, is
831	831	amended to read as follows:
832	832	(d) A municipality may:
833	833	(1) adopt the rehabilitation code or prescriptive
834	834	provisions for rehabilitation recommended by the Texas Board of
835	835	Professional Services [Architectural Examiners]; or
836	836	(2) amend its rehabilitation code or prescriptive
837	837	provisions for rehabilitation.
838	838	SECTION 3.14. Section 89.023(a), Natural Resources Code, is
839	839	amended to read as follows:
840	840	(a) The commission may grant an extension of the deadline
841	841	for plugging an inactive well if the operator maintains a current
842	842	organization report with the commission as required by Section
843	843	91.142 and if, on or before the date of renewal of the operator's
844	844	organization report as required by that section, the operator files
845	845	with the commission an application for an extension that includes:
846	846	(1) an affirmation that complies with Section 89.029;
847	847	(2) a statement that the well and associated
848	848	facilities are in compliance with all commission rules and orders;
849	849	(3) a statement that the operator has, and on request
850	850	will provide, evidence of a good faith claim to a continuing right
851	851	to operate the well; and
852	852	(4) at least one of the following:
853	853	(A) documentation that since the preceding date
854	854	that the operator's organization report was required to be renewed
855	855	the operator has plugged, or restored to active operation as
856	856	defined by commission rule, a number of inactive wells equal to or
857	857	greater than 10 percent of the number of inactive wells operated by
858	858	the operator on that date;
859	859	(B) an abeyance of plugging report on a form
860	860	approved by the commission that:
861	861	(i) is in the form of a certification signed
862	862	by an engineer [a person] licensed by the Texas Board of
863	863	Professional Services [Engineers] or a person licensed by the Texas
864	864	Board of Professional Geoscientists;
865	865	(ii) includes:
866	866	(a) an affirmation by the licensed
867	867	person that the well has:
868	868	(1) a reasonable expectation of
869	869	economic value in excess of the cost of plugging the well for the
870	870	duration of the period covered by the report, based on the cost
871	871	calculation for plugging an inactive well; and
872	872	(2) a reasonable expectation of
873	873	being restored to a beneficial use that will prevent waste of oil or
874	874	gas resources that otherwise would not be produced if the well were
875	875	plugged; and
876	876	(b) appropriate documentation
877	877	demonstrating the basis for the affirmation of the well's future
878	878	utility; and
879	879	(iii) specifies the field and the covered
880	880	wells within that field in a format prescribed by the commission;
881	881	(C) a statement that the well is part of an
882	882	enhanced oil recovery project;
883	883	(D) if the operator of the well is not currently
884	884	otherwise required by commission rule or order to conduct a fluid
885	885	level or hydraulic pressure test of the well, documentation of the
886	886	results of a successful fluid level or hydraulic pressure test of
887	887	the well conducted in accordance with the commission's rules in
888	888	effect at the time the test is conducted;
889	889	(E) a supplemental bond, letter of credit, or
890	890	cash deposit sufficient for each well specified in the application
891	891	that:
892	892	(i) complies with the requirements of
893	893	Chapter 91; and
894	894	(ii) is of an amount at least equal to the
895	895	cost calculation for plugging an inactive well for each well
896	896	specified in the application;
897	897	(F) documentation of the deposit with the
898	898	commission each time the operator files an application of an amount
899	899	of escrow funds as prescribed by commission rule that equal at least
900	900	10 percent of the total cost calculation for plugging an inactive
901	901	well for each well specified in the application; or
902	902	(G) if the operator is a publicly traded entity:
903	903	(i) the following documents:
904	904	(a) a copy of the operator's federal
905	905	documents filed to comply with Financial Accounting Standards Board
906	906	Statement No. 143, Accounting for Asset Retirement Obligations; and
907	907	(b) an original, executed Uniform
908	908	Commercial Code Form 1 Financing Statement, filed with the
909	909	secretary of state, that:
910	910	(1) names the operator as the
911	911	"debtor" and the Railroad Commission of Texas as the "secured
912	912	creditor"; and
913	913	(2) specifies the funds covered
914	914	by the documents described by Sub-subparagraph (a) in the amount of
915	915	the cost calculation for plugging an inactive well for each well
916	916	specified in the application; or
917	917	(ii) a blanket bond in the amount of the
918	918	lesser of:
919	919	(a) the cost calculation for plugging
920	920	any inactive wells; or
921	921	(b) $2 million.
922	922	ARTICLE 4. REPEALER
923	923	SECTION 4.01. The following provisions of the Occupations
924	924	Code are repealed:
925	925	(1) Section 1001.005;
926	926	(2) Subchapters C, D, and E, Chapter 1001;
927	927	(3) Section 1051.003;
928	928	(4) Subchapters B, C, and D, Article 1, Chapter 1051;
929	929	(5) Subchapter M, Article 3, Chapter 1051;
930	930	(6) Subchapter B, Chapter 1052;
931	931	(7) Subchapter B, Chapter 1053;
932	932	(8) Section 1071.003; and
933	933	(9) Subchapters B, C, and D, Chapter 1071.
934	934	ARTICLE 5. TRANSITION AND EFFECTIVE DATE
935	935	SECTION 5.01. (a) The Texas Board of Professional
936	936	Engineers, the Texas Board of Architectural Examiners, and the
937	937	Texas Board of Professional Land Surveying are abolished but
938	938	continue in existence until September 1, 2012, for the sole purpose
939	939	of transferring obligations, property, employees, rights, powers,
940	940	and duties to the Texas Board of Professional Services created
941	941	under Subtitle D, Title 6, Occupations Code, as added by this Act.
942	942	The Texas Board of Professional Services assumes all of the
943	943	obligations, property, rights, powers, and duties of the Texas
944	944	Board of Professional Engineers, the Texas Board of Architectural
945	945	Examiners, and the Texas Board of Professional Land Surveying, as
946	946	they exist immediately before the effective date of this Act. All
947	947	unexpended funds appropriated to the Texas Board of Professional
948	948	Engineers, the Texas Board of Architectural Examiners, and the
949	949	Texas Board of Professional Land Surveying are transferred to the
950	950	Texas Board of Professional Services. The transfer of the
951	951	obligations, property, rights, powers, and duties of the Texas
952	952	Board of Professional Engineers, the Texas Board of Architectural
953	953	Examiners, and the Texas Board of Professional Land Surveying to
954	954	the Texas Board of Professional Services must be completed not
955	955	later than September 1, 2012.
956	956	(b) All rules of the Texas Board of Professional Engineers,
957	957	the Texas Board of Architectural Examiners, and the Texas Board of
958	958	Professional Land Surveying are continued in effect as rules of the
959	959	Texas Board of Professional Services until superseded by a rule of
960	960	the Texas Board of Professional Services. A certificate, license,
961	961	registration, or other authorization issued by the Texas Board of
962	962	Professional Engineers, the Texas Board of Architectural
963	963	Examiners, or the Texas Board of Professional Land Surveying is
964	964	continued in effect as provided by the law in effect immediately
965	965	before the effective date of this Act. An application for a
966	966	certificate, license, registration, or other authorization pending
967	967	on the effective date of this Act is continued without change in
968	968	status after the effective date of this Act. A complaint,
969	969	investigation, contested case, or other proceeding pending on the
970	970	effective date of this Act is continued without change in status
971	971	after the effective date of this Act.
972	972	(c) A reference in another law or an administrative rule to
973	973	the Texas Board of Professional Engineers, the Texas Board of
974	974	Architectural Examiners, or the Texas Board of Professional Land
975	975	Surveying means the Texas Board of Professional Services.
976	976	SECTION 5.02. (a) In making the initial appointments to
977	977	the Texas Board of Professional Services, the governor shall
978	978	appoint:
979	979	(1) four members to serve terms expiring February 1,
980	980	2013;
981	981	(2) four members to serve terms expiring February 1,
982	982	2015; and
983	983	(3) five members to serve terms expiring February 1,
984	984	2017.
985	985	(b) Not later than March 1, 2012, each initial board member
986	986	appointed under this section must complete the training required by
987	987	Section 1081.056, Occupations Code, as added by this Act. Before
988	988	March 1, 2012, Section 1081.056(a) does not apply to an initial
989	989	board member.
990	990	SECTION 5.03. Not later than the 90th day after the date
991	991	that a majority of the members of the Texas Board of Professional
992	992	Services are appointed under Section 5.02 of this article and
993	993	qualify for office, the board shall appoint an executive director
994	994	under Section 1082.001, Occupations Code, as added by this Act. A
995	995	person who is the executive director of the Texas Board of
996	996	Professional Engineers, the Texas Board of Architectural
997	997	Examiners, or the Texas Board of Professional Land Surveying on, or
998	998	within one year preceding, the effective date of this Act is not
999	999	eligible to be employed as the initial executive director under
1000	1000	this section.
1001	1001	SECTION 5.04. To the extent of any conflict, this Act
1002	1002	prevails over another Act of the 82nd Legislature, Regular Session,
1003	1003	2011, relating to nonsubstantive additions to and corrections in
1004	1004	enacted codes.
1005	1005	SECTION 5.05. This Act takes effect September 1, 2011.