82R23472 JAM-F
By: Callegari H.B. No. 3166
Substitute the following for H.B. No. 3166:
By: Callegari C.S.H.B. No. 3166
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of architecture,
engineering, interior design, landscape architecture, and land
surveying by the Texas Board of Professional Services and the
abolition of the Texas Board of Professional Engineers, the Texas
Board of Architectural Examiners, and the Texas Board of
Professional Land Surveyors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CREATING TEXAS BOARD OF PROFESSIONAL SERVICES
SECTION 1.01. Title 6, Occupations Code, is amended by
adding Subtitle D to read as follows:
SUBTITLE D. TEXAS BOARD OF PROFESSIONAL SERVICES
CHAPTER 1081. TEXAS BOARD OF PROFESSIONAL SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1081.001. GENERAL DEFINITIONS. (a) In this subtitle:
(1) "Board" means the Texas Board of Professional
Services.
(2) "Executive director" means the executive director
of the board.
(b) Unless the context clearly indicates otherwise, the
definitions in Chapters 1001, 1051, 1052, 1053, and 1071 apply to
this chapter.
Sec. 1081.002. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Services 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 title, other than
Chapter 1002, expires September 1, 2023.
[Sections 1081.003-1081.050 reserved for expansion]
SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL SERVICES
Sec. 1081.051. BOARD MEMBERSHIP. (a) The Texas Board of
Professional Services consists of 13 members appointed by the
governor with the advice and consent of the senate as follows:
(1) five members who are licensed engineers;
(2) three members who are registered architects;
(3) one member who is a registered landscape
architect;
(4) one member who is a registered interior designer;
(5) one member who is a registered professional land
surveyor; and
(6) two public members.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(c) The legislature shall amend the board's composition as
necessary so that each profession is represented in proportion to
the number of license or registration holders in that profession,
except that no profession may have less than one or more than five
board members.
Sec. 1081.052. 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, architecture,
interior design, land surveying, or landscape architecture;
(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) A 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,
architecture, interior design, land surveying, or landscape
architecture, as applicable, for at least 10 years before the date
of appointment.
Sec. 1081.053. MEMBERSHIP 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.
(b) A person may not be a member of the board 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.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of
engineering, architecture, interior design, land surveying, or
landscape architecture; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
engineering, architecture, interior design, land surveying, or
landscape architecture.
(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.
Sec. 1081.054. 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.
Sec. 1081.055. 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 1081.051 and 1081.052;
(2) does not maintain during service on the board the
qualifications required by Sections 1081.051 and 1081.052;
(3) is ineligible for membership under Sections
1081.052 and 1081.053;
(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.
Sec. 1081.056. 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 title, other than Chapter 1002;
(2) the programs, functions, rules, and budget of the
board;
(3) the results of the most recent formal audit of the
board;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(5) 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.
Sec. 1081.057. TERMS; VACANCY. (a) Members of the board
serve staggered six-year terms, with either four or five members'
terms, as applicable, expiring on January 31 of 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.
Sec. 1081.058. COMPENSATION; PER DIEM. (a) A board member
may not receive compensation for the member's services.
(b) A member is entitled to a per diem and travel allowance
for each day the member engages in board business at the rate set
for state employees in the General Appropriations Act.
Sec. 1081.059. MEETINGS. (a) The board shall hold at least
two regular meetings each year.
(b) Additional meetings may be held as provided by the
board's bylaws.
Sec. 1081.060. PUBLIC TESTIMONY. 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.
Sec. 1081.061. 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.
Sec. 1081.062. FILING OF OATH. Before assuming the duties
of office, each board member must file with the secretary of state a
copy of the constitutional oath of office taken by the member.
CHAPTER 1082. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 1082.001. EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY.
(a) The board may employ an executive director to conduct the
affairs of the board under the board's direction. The executive
director shall receive a salary in an amount determined by the
board.
(b) The executive director shall receive and account for any
money derived, including any fee collected, under this title, other
than Chapter 1002.
Sec. 1082.002. 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.
Sec. 1082.003. 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.
Sec. 1082.004. 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.
Sec. 1082.005. 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.
Sec. 1082.006. 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 civil rights division of the
Texas Workforce Commission for compliance with Subsection (b)(1);
and
(3) be filed with the governor's office.
CHAPTER 1083. BOARD POWERS AND DUTIES
SUBCHAPTER A. GENERAL POWERS AND DUTIES OF BOARD
Sec. 1083.001. GENERAL POWERS AND DUTIES. (a) The board
shall administer and enforce this title, other than Chapter 1002.
(b) The board may spend money for any purpose the board
considers reasonably necessary for the proper performance of its
duties under this title, other than Chapter 1002.
Sec. 1083.002. 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,
architecture, interior design, landscape architecture, and land
surveying.
Sec. 1083.003. 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.
Sec. 1083.004. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. The board shall adopt rules and guidelines as
necessary to comply with Chapter 53.
Sec. 1083.005. FEES. (a) The board shall establish the
following fees in amounts reasonable and necessary to cover the
costs of administering this title, other than Chapter 1002:
(1) license and certificate of registration fees;
(2) annual and late renewal fees;
(3) reciprocal license and registration fees;
(4) duplicate license and registration fees;
(5) engineer-in-training certificate fee;
(6) roster of license and registration holders fee;
(7) examination fees;
(8) registration fee for engineering firm; and
(9) inactive status fee.
(b) The board may set a fee for a board action involving an
administrative expense in an amount that is reasonable and
necessary to cover the cost of administering this title, other than
Chapter 1002, unless the amount of the fee is set by this chapter or
by the General Appropriations Act.
(c) The board shall set the required renewal fee under
Chapter 1051 for:
(1) a resident of this state in an amount that is equal
to the sum of:
(A) the amount determined by the board as
reasonable and necessary to cover administrative costs; and
(B) an amount determined annually by the board as
reasonable and necessary for the administration of the examination
fee scholarship program under Section 1083.102; and
(2) nonresidents in an amount determined by the board.
(d) The board may accept payment of a fee by electronic
means. The board may charge a fee to process the payment made by
electronic means. The board shall set the processing fee in an
amount that is reasonably related to the expense incurred by the
board in processing the payment made by electronic means, not to
exceed five percent of the amount of the fee for which the payment
is made.
(e) A fee set by the board under this section may not be used
for the purpose of earning additional revenue for the board.
Sec. 1083.006. STANDARDS OF CONDUCT AND ETHICS. The board
may establish standards of conduct and ethics for license and
registration holders in keeping with the purposes and intent of
this title, other than Chapter 1002, and to ensure strict
compliance with and enforcement of this title, other than Chapter
1002.
Sec. 1083.007. ROSTER OF LICENSE AND REGISTRATION HOLDERS.
(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.
Sec. 1083.008. REGISTER OF APPLICANTS. The board shall
maintain a register of license and registration 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 or registration;
(7) the date of board action; and
(8) any other information the board considers
necessary.
Sec. 1083.009. CONTINUING EDUCATION PROGRAMS. (a) The
board shall recognize, prepare, or administer continuing education
programs for its license and registration holders. A license or
registration holder must participate in the programs to the extent
required by the board to keep the person's license or registration.
(b) The board may not require a license or registration
holder to obtain more than 15 hours of continuing education
annually. The board shall permit a license or registration holder
to certify at the time the license or registration is renewed that
the license or registration holder has complied with the board's
continuing education requirements.
(c) The board shall permit a license or registration holder
to receive continuing education credit for educational, technical,
ethical, or professional management activities related to the
practice of engineering, architecture, interior design, landscape
architecture, or land surveying, 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, architecture, interior design, landscape
architecture, or land surveying;
(7) making or attending a presentation at a meeting of
a technical or engineering, architecture, interior design,
landscape architecture, or land surveying 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 or registration holder may not receive more
than five continuing education credit hours annually for engaging
in self-directed study.
Sec. 1083.010. 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.
Sec. 1083.011. 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 or registration under this title, other
than Chapter 1002, 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 or registration process. The
information is not subject to discovery, subpoena, or other
disclosure.
Sec. 1083.012. 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 title, other than
Chapter 1002.
(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.
Sec. 1083.013. 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.
Sec. 1083.014. 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.
Sec. 1083.015. BOARD SEAL. (a) The board shall adopt a
seal and shall use the seal on official documents.
(b) The design of the seal must include a five-pointed star
with a circular border and the words "Texas Board of Professional
Services" within the border.
[Sections 1083.016-1083.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF BOARD SPECIFIC TO ENGINEERS
Sec. 1083.051. 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.
Sec. 1083.052. FEE INCREASE. (a) The fee for a license
under Chapter 1001, for the annual renewal of that license, and for
a reciprocal license under Chapter 1001 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 1083.051;
(3) is on inactive status as provided by Section
1001.355; or
(4) is 65 years of age or older.
[Sections 1083.053-1083.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES OF BOARD SPECIFIC TO ARCHITECTS
Sec. 1083.101. FEE INCREASE. (a) The fee for the issuance
of a certificate to an applicant possessing a license or
certificate to practice architecture in another state and the fee
for the renewal of a certificate under Chapter 1051 are 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.
Sec. 1083.102. EXAMINATION FEE SCHOLARSHIPS. (a) The
board shall administer scholarships to applicants for examination
under Article 3, Chapter 1051, in a manner the board determines best
serves the public purpose of:
(1) promoting the professional needs of the state;
(2) increasing the number of highly trained and
educated architects available to serve the residents of the state;
(3) improving the state's business environment and
encouraging economic development; and
(4) identifying, recognizing, and supporting
outstanding applicants who plan to pursue careers in architecture.
(b) In determining what best serves the public purpose of
the scholarships as described by Subsection (a), the board shall
consider at least the financial need of each person who applies for
a scholarship under this section.
(c) The amount of the scholarship is the lesser of:
(1) $500; or
(2) the amount of the required examination fee.
(d) Scholarships under this section are funded by the amount
added to each renewal fee under Section 1083.005(c). The board may
not use more than 15 percent of the amount appropriated to the board
for scholarships under this section to pay the costs of
administering the scholarships.
Sec. 1083.103. DESIGN AND APPROVAL OF ARCHITECT'S SEAL.
(a) The board shall prescribe and approve the seal to be used by an
architect.
(b) The design of the seal must be the same as the design
used by the board, except that the words "Registered Architect,
State of Texas" must be used instead of "Texas Board of Professional
Services."
[Sections 1083.104-1083.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF BOARD SPECIFIC TO LANDSCAPE
ARCHITECTS
Sec. 1083.151. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under Chapter 1052 and the fee for
the renewal of a certificate of registration under Chapter 1052 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.
Sec. 1083.152. DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S
SEAL. (a) The board shall prescribe and approve the seal to be used
by a landscape architect.
(b) The design of the seal must be the same as the design
used by the board, except that the words "Registered Landscape
Architect, State of Texas" must be used instead of "Texas Board of
Professional Services."
[Sections 1083.153-1083.200 reserved for expansion]
SUBCHAPTER E. POWERS AND DUTIES OF BOARD
SPECIFIC TO LAND SURVEYORS
Sec. 1083.201. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration to a registered professional land
surveyor under Chapter 1071 and the fee for the renewal of a
certificate of registration for a registered professional land
surveyor under Chapter 1071 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) This section does not apply to state agency employees
who are employed by the state as land surveyors.
Sec. 1083.202. REDUCED FEES FOR ELDERLY LAND SURVEYORS.
The board by rule may adopt reduced certificate of registration and
license fees and annual renewal fees for land surveyors who are at
least 65 years of age.
[Sections 1083.203-1083.250 reserved for expansion]
SUBCHAPTER F. POWERS AND DUTIES OF BOARD SPECIFIC TO INTERIOR
DESIGNERS
Sec. 1083.251. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under Chapter 1053 and the fee for
the renewal of a certificate of registration under Chapter 1053 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.
Sec. 1083.252. DESIGN AND APPROVAL OF INTERIOR DESIGNER'S
SEAL. (a) The board shall prescribe and approve the seal to be used
by an interior designer.
(b) The design of the seal must be the same as the design
used by the board, except that the words "Registered Interior
Designer, State of Texas" must be used instead of "Texas Board of
Professional Services."
ARTICLE 2. REGULATION OF ENGINEERING, ARCHITECTURE, INTERIOR
DESIGN, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING
SECTION 2.01. Section 1001.002(1), Occupations Code, is
amended to read as follows:
(1) "Board" means the Texas Board of Professional
Services [Engineers].
SECTION 2.02. Section 1001.063, Occupations Code, is
amended to read as follows:
Sec. 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 registered
[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.
SECTION 2.03. Sections 1001.353(b) and (c), Occupations
Code, are amended to read as follows:
(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 1083.052 [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 1083.052
[1001.206] for each delinquent year or part of a year.
SECTION 2.04. Section 1001.355(d), Occupations Code, is
amended to read as follows:
(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 1083.052 [1001.206]; and
(3) provide evidence satisfactory to the board that
the person has complied with the continuing education requirements
adopted by the board.
SECTION 2.05. The heading to Chapter 1051, Occupations
Code, is amended to read as follows:
CHAPTER 1051. [TEXAS BOARD OF ARCHITECTURAL EXAMINERS;] GENERAL
PROVISIONS AFFECTING ARCHITECTS, LANDSCAPE ARCHITECTS, AND
INTERIOR DESIGNERS; PROVISIONS AFFECTING ONLY ARCHITECTS
SECTION 2.06. The heading to Article 1, Chapter 1051,
Occupations Code, is amended to read as follows:
ARTICLE 1. GENERAL PROVISIONS[; BOARD OF ARCHITECTURAL EXAMINERS]
SECTION 2.07. Section 1051.001(2), Occupations Code, is
amended to read as follows:
(2) "Board" means the Texas Board of Professional
Services [Architectural Examiners].
SECTION 2.08. Section 1051.355(b), Occupations Code, is
amended to read as follows:
(b) A person whose certificate of registration is on
inactive status must pay an annual renewal fee on a date and in a
manner prescribed by board rule. The board shall prescribe the
renewal fee under this subsection in an amount equal to the sum of:
(1) the amount determined by the board as reasonable
and necessary to cover the costs of administering this section; and
(2) except as provided by Subsection (e), the
additional amount required under Section 1083.005(c)(1)(B)
[1051.651(b)(1)(B)] for the examination fee scholarship program.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. Section 2, Self-Directed Semi-Independent
Agency Act (Article 8930, Revised Statutes), is amended to read as
follows:
Sec. 2. The Texas State Board of Public Accountancy
[following agencies] shall be part of the pilot project created by
this Act[:
[(1) the Texas State Board of Public Accountancy;
[(2) the Texas Board of Professional Engineers; and
[(3) the Texas Board of Architectural Examiners].
SECTION 3.02. Section 6(c), Self-Directed Semi-Independent
Agency Act (Article 8930, Revised Statutes), is amended to read as
follows:
(c) The Texas State Board of Public Accountancy shall
annually remit $703,344 to the general revenue fund[, the Texas
Board of Professional Engineers shall annually remit $373,900 to
the general revenue fund, and the Texas Board of Architectural
Examiners shall annually remit $510,000 to the general revenue
fund].
SECTION 3.03. Section 61.0822, Education Code, is amended
to read as follows:
Sec. 61.0822. CONTRACT WITH TEXAS BOARD OF PROFESSIONAL
SERVICES [ARCHITECTURAL EXAMINERS]. The board may contract with
the Texas Board of Professional Services [Architectural Examiners]
to administer the examination fee scholarship program established
under Section 1083.102 [1051.206], Occupations Code.
SECTION 3.04. Section 411.122(d), Government Code, as
amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933
(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009,
is reenacted and amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Professional Services
[Architectural Examiners];
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) [Texas Board of Professional Engineers;
[(6)] Texas Funeral Service Commission;
(6) [(7)] Texas Board of Professional Geoscientists;
(7) [(8)] Department of State Health Services, except
as provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee;
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(8) [(9) Texas Board of Professional Land Surveying;
[(10)] Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(9) [(11)] Texas Commission on Environmental Quality;
(10) [(12)] Texas Board of Occupational Therapy
Examiners;
(11) [(13)] Texas Optometry Board;
(12) [(14)] Texas State Board of Pharmacy;
(13) [(15)] Texas Board of Physical Therapy
Examiners;
(14) [(16)] Texas State Board of Plumbing Examiners;
(15) [(17)] Texas State Board of Podiatric Medical
Examiners;
(16) [(18)] Texas State Board of Examiners of
Psychologists;
(17) [(19)] Texas Real Estate Commission;
(18) [(20)] Texas Department of Transportation;
(19) [(21)] State Board of Veterinary Medical
Examiners;
(20) [(22)] Texas Department of Housing and Community
Affairs;
(21) [(23)] secretary of state;
(22) [(24)] state fire marshal;
(23) [(25)] Texas Education Agency;
(24) [(26)] Department of Agriculture; and
(25) [(27)] Texas Department of Motor Vehicles.
SECTION 3.05. Section 469.104, Government Code, is amended
to read as follows:
Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
The commission shall report to the Texas Board of Professional
Services [Architectural Examiners, the Texas Board of Professional
Engineers, or another appropriate licensing authority] the failure
of any architect, interior designer, landscape architect, or
engineer to submit or resubmit in a timely manner plans and
specifications to the department as required by this subchapter.
SECTION 3.06. Section 2054.352(a), Government Code, as
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Services [Land
Surveying];
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Texas State Board of Examiners of Psychologists;
(15) State Board of Veterinary Medical Examiners;
(16) Texas Real Estate Commission;
(17) Texas Appraiser Licensing and Certification
Board;
(18) Texas Department of Licensing and Regulation;
(19) Texas State Board of Public Accountancy;
(20) State Board for Educator Certification;
(21) [Texas Board of Professional Engineers;
[(22)] Department of State Health Services;
(22) [(23) Texas Board of Architectural Examiners;
[(24)] Texas Racing Commission;
(23) [(25)] Commission on Law Enforcement Officer
Standards and Education; and
(24) [(26)] Texas Private Security Board.
SECTION 3.07. Section 2166.202(b), Government Code, is
amended to read as follows:
(b) The commission, in consultation with the Texas Board of
Professional Services [Architectural Examiners and the Texas Board
of Professional Engineers], shall adopt by rule criteria to
evaluate the competence and qualifications of a prospective private
design professional.
SECTION 3.08. Section 361.901(6), Health and Safety Code,
is amended to read as follows:
(6) "Licensed professional engineer" means a person
licensed by the Texas Board of Professional Services [Engineers].
SECTION 3.09. Section 366.071(c), Health and Safety Code,
is amended to read as follows:
(c) A person who conducts preconstruction site evaluations,
including visiting a site and performing a soil analysis, a site
survey, or other activities necessary to determine the suitability
of a site for an on-site sewage disposal system must hold a license
issued by the commission under Chapter 37, Water Code, unless the
person is licensed by the Texas Board of Professional Services
[Engineers] as an engineer.
SECTION 3.10. Section 2210.102(g), Insurance Code, is
amended to read as follows:
(g) The commissioner shall appoint one person to serve as a
nonvoting member of the board to advise the board regarding issues
relating to the inspection process. The commissioner may give
preference in an appointment under this subsection to a person who
is a qualified inspector under Section 2210.254. The nonvoting
member appointed under this section must:
(1) be an engineer licensed by, and in good standing
with, the Texas Board of Professional Services [Engineers];
(2) reside in a first tier coastal county; and
(3) be knowledgeable of, and have professional
expertise in, wind-related design and construction practices in
coastal areas that are subject to high winds and hurricanes.
SECTION 3.11. Section 2210.255(a), Insurance Code, is
amended to read as follows:
(a) On request of an engineer licensed by the Texas Board of
Professional Services [Engineers], the commissioner shall appoint
the engineer as an inspector under this subchapter not later than
the 10th day after the date the engineer delivers to the
commissioner information demonstrating that the engineer is
qualified to perform windstorm inspections under this subchapter.
SECTION 3.12. Section 2210.256(f), Insurance Code, is
amended to read as follows:
(f) If an appointee is an engineer licensed by the Texas
Board of Professional Services [Engineers] who is found by the
department to have knowingly, wilfully, fraudulently, or with gross
negligence signed or caused to be prepared an inspection report
that contains a false or fraudulent statement, the commissioner may
take action against the appointee in the manner provided by
Subsections (a) and (b) but may not assess a fine against the
appointee. The commissioner shall notify the Texas Board of
Professional Services [Engineers] of an order issued by the
commissioner against an appointee who is an engineer licensed by
that board, including an order suspending or revoking the
appointment of the person.
SECTION 3.13. Section 214.215(d), Local Government Code, is
amended to read as follows:
(d) A municipality may:
(1) adopt the rehabilitation code or prescriptive
provisions for rehabilitation recommended by the Texas Board of
Professional Services [Architectural Examiners]; or
(2) amend its rehabilitation code or prescriptive
provisions for rehabilitation.
SECTION 3.14. Section 89.023(a), Natural Resources Code, is
amended to read as follows:
(a) The commission may grant an extension of the deadline
for plugging an inactive well if the operator maintains a current
organization report with the commission as required by Section
91.142 and if, on or before the date of renewal of the operator's
organization report as required by that section, the operator files
with the commission an application for an extension that includes:
(1) an affirmation that complies with Section 89.029;
(2) a statement that the well and associated
facilities are in compliance with all commission rules and orders;
(3) a statement that the operator has, and on request
will provide, evidence of a good faith claim to a continuing right
to operate the well; and
(4) at least one of the following:
(A) documentation that since the preceding date
that the operator's organization report was required to be renewed
the operator has plugged, or restored to active operation as
defined by commission rule, a number of inactive wells equal to or
greater than 10 percent of the number of inactive wells operated by
the operator on that date;
(B) an abeyance of plugging report on a form
approved by the commission that:
(i) is in the form of a certification signed
by an engineer [a person] licensed by the Texas Board of
Professional Services [Engineers] or a person licensed by the Texas
Board of Professional Geoscientists;
(ii) includes:
(a) an affirmation by the licensed
person that the well has:
(1) a reasonable expectation of
economic value in excess of the cost of plugging the well for the
duration of the period covered by the report, based on the cost
calculation for plugging an inactive well; and
(2) a reasonable expectation of
being restored to a beneficial use that will prevent waste of oil or
gas resources that otherwise would not be produced if the well were
plugged; and
(b) appropriate documentation
demonstrating the basis for the affirmation of the well's future
utility; and
(iii) specifies the field and the covered
wells within that field in a format prescribed by the commission;
(C) a statement that the well is part of an
enhanced oil recovery project;
(D) if the operator of the well is not currently
otherwise required by commission rule or order to conduct a fluid
level or hydraulic pressure test of the well, documentation of the
results of a successful fluid level or hydraulic pressure test of
the well conducted in accordance with the commission's rules in
effect at the time the test is conducted;
(E) a supplemental bond, letter of credit, or
cash deposit sufficient for each well specified in the application
that:
(i) complies with the requirements of
Chapter 91; and
(ii) is of an amount at least equal to the
cost calculation for plugging an inactive well for each well
specified in the application;
(F) documentation of the deposit with the
commission each time the operator files an application of an amount
of escrow funds as prescribed by commission rule that equal at least
10 percent of the total cost calculation for plugging an inactive
well for each well specified in the application; or
(G) if the operator is a publicly traded entity:
(i) the following documents:
(a) a copy of the operator's federal
documents filed to comply with Financial Accounting Standards Board
Statement No. 143, Accounting for Asset Retirement Obligations; and
(b) an original, executed Uniform
Commercial Code Form 1 Financing Statement, filed with the
secretary of state, that:
(1) names the operator as the
"debtor" and the Railroad Commission of Texas as the "secured
creditor"; and
(2) specifies the funds covered
by the documents described by Sub-subparagraph (a) in the amount of
the cost calculation for plugging an inactive well for each well
specified in the application; or
(ii) a blanket bond in the amount of the
lesser of:
(a) the cost calculation for plugging
any inactive wells; or
(b) $2 million.
ARTICLE 4. REPEALER
SECTION 4.01. The following provisions of the Occupations
Code are repealed:
(1) Section 1001.005;
(2) Subchapters C, D, and E, Chapter 1001;
(3) Section 1051.003;
(4) Subchapters B, C, and D, Article 1, Chapter 1051;
(5) Subchapter M, Article 3, Chapter 1051;
(6) Subchapter B, Chapter 1052;
(7) Subchapter B, Chapter 1053;
(8) Section 1071.003; and
(9) Subchapters B, C, and D, Chapter 1071.
ARTICLE 5. TRANSITION AND EFFECTIVE DATE
SECTION 5.01. (a) The Texas Board of Professional
Engineers, the Texas Board of Architectural Examiners, and the
Texas Board of Professional Land Surveying are abolished but
continue in existence until September 1, 2012, for the sole purpose
of transferring obligations, property, employees, rights, powers,
and duties to the Texas Board of Professional Services created
under Subtitle D, Title 6, Occupations Code, as added by this Act.
The Texas Board of Professional Services assumes all of the
obligations, property, rights, powers, and duties of the Texas
Board of Professional Engineers, the Texas Board of Architectural
Examiners, and the Texas Board of Professional Land Surveying, as
they exist immediately before the effective date of this Act. All
unexpended funds appropriated to the Texas Board of Professional
Engineers, the Texas Board of Architectural Examiners, and the
Texas Board of Professional Land Surveying are transferred to the
Texas Board of Professional Services. The transfer of the
obligations, property, rights, powers, and duties of the Texas
Board of Professional Engineers, the Texas Board of Architectural
Examiners, and the Texas Board of Professional Land Surveying to
the Texas Board of Professional Services must be completed not
later than September 1, 2012.
(b) All rules of the Texas Board of Professional Engineers,
the Texas Board of Architectural Examiners, and the Texas Board of
Professional Land Surveying are continued in effect as rules of the
Texas Board of Professional Services until superseded by a rule of
the Texas Board of Professional Services. A certificate, license,
registration, or other authorization issued by the Texas Board of
Professional Engineers, the Texas Board of Architectural
Examiners, or the Texas Board of Professional Land Surveying is
continued in effect as provided by the law in effect immediately
before the effective date of this Act. An application for a
certificate, license, registration, or other authorization pending
on the effective date of this Act is continued without change in
status after the effective date of this Act. A complaint,
investigation, contested case, or other proceeding pending on the
effective date of this Act is continued without change in status
after the effective date of this Act.
(c) A reference in another law or an administrative rule to
the Texas Board of Professional Engineers, the Texas Board of
Architectural Examiners, or the Texas Board of Professional Land
Surveying means the Texas Board of Professional Services.
SECTION 5.02. (a) In making the initial appointments to
the Texas Board of Professional Services, the governor shall
appoint:
(1) four members to serve terms expiring February 1,
2013;
(2) four members to serve terms expiring February 1,
2015; and
(3) five members to serve terms expiring February 1,
2017.
(b) Not later than March 1, 2012, each initial board member
appointed under this section must complete the training required by
Section 1081.056, Occupations Code, as added by this Act. Before
March 1, 2012, Section 1081.056(a) does not apply to an initial
board member.
SECTION 5.03. Not later than the 90th day after the date
that a majority of the members of the Texas Board of Professional
Services are appointed under Section 5.02 of this article and
qualify for office, the board shall appoint an executive director
under Section 1082.001, Occupations Code, as added by this Act. A
person who is the executive director of the Texas Board of
Professional Engineers, the Texas Board of Architectural
Examiners, or the Texas Board of Professional Land Surveying on, or
within one year preceding, the effective date of this Act is not
eligible to be employed as the initial executive director under
this section.
SECTION 5.04. To the extent of any conflict, this Act
prevails over another Act of the 82nd Legislature, Regular Session,
2011, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 5.05. This Act takes effect September 1, 2011.