Texas 2019 - 86th Regular

Texas House Bill HB1523 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1523
	1	+	By: Nevárez (Senate Sponsor - Buckingham) H.B. No. 1523
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 17, 2019, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1523 By: Nichols
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the continuation of the regulation of land surveyors
6	14		and the transfer of the regulation to the Texas Board of
7	15		Professional Engineers and Land Surveyors, following the
8	16		recommendations of the Sunset Advisory Commission; changing fees.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		ARTICLE 1. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
11	19		SURVEYORS
12	20		SECTION 1.01. The heading to Chapter 1001, Occupations
13	21		Code, is amended to read as follows:
14	22		CHAPTER 1001. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
15	23		SURVEYORS
16	24		SECTION 1.02. Section 1001.002, Occupations Code, is
17	25		amended by amending Subdivision (1) and adding Subdivision (3) to
18	26		read as follows:
19	27		(1) "Board" means the Texas Board of Professional
20	28		Engineers and Land Surveyors.
21	29		(3) "Land surveyor," "licensed state land surveyor,"
22	30		"professional surveying," "registered professional land surveyor,"
23	31		and "state land surveying" have the meanings assigned by Section
24	32		1071.002.
25	33		SECTION 1.03. Section 1001.004(e), Occupations Code, is
26	34		amended to read as follows:
27	35		(e) This chapter does not:
28	36		(1) prevent a person from identifying the person in
29	37		the name and trade of any engineers' labor organization with which
30	38		the person is affiliated;
31	39		(2) prohibit or otherwise restrict a person from
32	40		giving testimony or preparing an exhibit or document for the sole
33	41		purpose of being placed in evidence before an administrative or
34	42		judicial tribunal, subject to the board's disciplinary powers under
35	43		Subchapter J regarding negligence, incompetency, or misconduct in
36	44		the practice of engineering; or
37	45		(3) [repeal or amend a law affecting or regulating a
38	46		licensed state land surveyor; or
39	47		[(4)] affect or prevent the practice of any other
40	48		legally recognized profession by a member of the profession who is
41	49		licensed by the state or under the state's authority.
42	50		SECTION 1.04. Section 1001.005, Occupations Code, is
43	51		amended to read as follows:
44	52		Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board
45	53		of Professional Engineers and Land Surveyors is subject to Chapter
46	54		325, Government Code (Texas Sunset Act). Unless continued in
47	55		existence as provided by that chapter, the board is abolished and
48	56		this chapter expires September 1, 2025.
49	57		SECTION 1.05. Section 1001.064, Occupations Code, is
50	58		amended to read as follows:
51	59		Sec. 1001.064. STATE LAND SURVEYORS. A licensed state land
52	60		surveyor is exempt from the requirements of this chapter regulating
53	61		the practice of engineering in performing the [a] state land
54	62		surveyor's duties.
55	63		SECTION 1.06. The heading to Subchapter C, Chapter 1001,
56	64		Occupations Code, is amended to read as follows:
57	65		SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
58	66		SURVEYORS
59	67		SECTION 1.07. Section 1001.101(a), Occupations Code, is
60	68		amended to read as follows:
61	69		(a) The Texas Board of Professional Engineers and Land
62	70		Surveyors consists of nine members appointed by the governor with
63	71		the advice and consent of the senate as follows:
64	72		(1) five [six] engineers; [and]
65	73		(2) one land surveyor; and
66	74		(3) three members who represent the public.
67	75		SECTION 1.08. Subchapter C, Chapter 1001, Occupations Code,
68	76		is amended by adding Section 1001.1011 to read as follows:
69	77		Sec. 1001.1011. EX OFFICIO MEMBER. The commissioner of the
70	78		General Land Office or a licensed state land surveyor employee of
71	79		the General Land Office designated by the commissioner as director
72	80		of surveying shall serve as an ex officio, nonvoting member of the
73	81		board.
74	82		SECTION 1.09. Section 1001.102, Occupations Code, is
75	83		amended by amending Subsection (a) and adding Subsection (d) to
76	84		read as follows:
77	85		(a) A person may not be a public member of the board if the
78	86		person or the person's spouse:
79	87		(1) is registered, certified, or licensed by a
80	88		regulatory agency in the field of engineering or land surveying;
81	89		(2) is employed by or participates in the management
82	90		of a business entity or other organization regulated by or
83	91		receiving money from the board;
84	92		(3) owns or controls, directly or indirectly, more
85	93		than a 10 percent interest in a business entity or other
86	94		organization regulated by or receiving money from the board; or
87	95		(4) uses or receives a substantial amount of tangible
88	96		goods, services, or money from the board other than compensation or
89	97		reimbursement authorized by law for board membership, attendance,
90	98		or expenses.
91	99		(d) A land surveyor member of the board:
92	100		(1) must be:
93	101		(A) a licensed state land surveyor actively
94	102		engaged in the practice of state land surveying for not less than
95	103		the five years preceding appointment; or
96	104		(B) a registered professional land surveyor
97	105		actively engaged in the practice of professional surveying in this
98	106		state for not less than the five years preceding appointment; and
99	107		(2) may not be licensed as an engineer.
100	108		SECTION 1.10. Section 1001.103(a-1), Occupations Code, is
101	109		amended to read as follows:
102	110		(a-1) A person may not be a member of the board and may not
103	111		be a board employee employed in a "bona fide executive,
104	112		administrative, or professional capacity," as that phrase is used
105	113		for purposes of establishing an exemption to the overtime
106	114		provisions of the federal Fair Labor Standards Act of 1938 (29
107	115		U.S.C. Section 201 et seq.), and its subsequent amendments, if:
108	116		(1) the person is an officer, employee, or paid
109	117		consultant of a Texas trade association in the field of engineering
110	118		or land surveying; or
111	119		(2) the person's spouse is an officer, manager, or paid
112	120		consultant of a Texas trade association in the field of engineering
113	121		or land surveying.
114	122		SECTION 1.11. Section 1001.105, Occupations Code, is
115	123		amended to read as follows:
116	124		Sec. 1001.105. PARTICIPATION OF PUBLIC MEMBERS. (a) The
117	125		board by majority vote may limit the participation of public
118	126		members in evaluating license, registration, or certification
119	127		applications.
120	128		(b) This section does not apply to the evaluation of
121	129		license, registration, or certification applications at an
122	130		official meeting of the board.
123	131		SECTION 1.12. Section 1001.107, Occupations Code, is
124	132		amended to read as follows:
125	133		Sec. 1001.107. PER DIEM. Each [A] board member, other than
126	134		the commissioner of the General Land Office, is entitled to receive
127	135		a per diem as set by the General Appropriations Act for each day
128	136		that the member engages in the business of the board.
129	137		SECTION 1.13. Section 1001.112(b), Occupations Code, is
130	138		amended to read as follows:
131	139		(b) The training program must provide the person with
132	140		information regarding:
133	141		(1) this chapter and Chapter 1071;
134	142		(2) the programs operated by the board;
135	143		(3) the role and functions of the board;
136	144		(4) the rules of the board, with an emphasis on the
137	145		rules that relate to disciplinary and investigatory authority;
138	146		(5) the current budget for the board;
139	147		(6) the results of the most recent formal audit of the
140	148		board;
141	149		(7) the requirements of:
142	150		(A) the open meetings law, Chapter 551,
143	151		Government Code;
144	152		(B) the public information law, Chapter 552,
145	153		Government Code;
146	154		(C) the administrative procedure law, Chapter
147	155		2001, Government Code; and
148	156		(D) other laws relating to public officials,
149	157		including conflict-of-interest laws; and
150	158		(8) any applicable ethics policies adopted by the
151	159		board or the Texas Ethics Commission.
152	160		SECTION 1.14. Section 1001.201, Occupations Code, is
153	161		amended to read as follows:
154	162		Sec. 1001.201. GENERAL POWERS AND DUTIES. (a) The board
155	163		shall administer and enforce this chapter and Chapter 1071.
156	164		(b) The board may spend money for any purpose the board
157	165		considers reasonably necessary for the proper performance of its
158	166		duties under this chapter and Chapter 1071.
159	167		SECTION 1.15. Section 1001.202, Occupations Code, is
160	168		amended to read as follows:
161	169		Sec. 1001.202. RULES. The board may adopt and enforce any
162	170		rule or bylaw necessary to perform its duties, govern its
163	171		proceedings, and regulate the practice of engineering and land
164	172		surveying.
165	173		SECTION 1.16. Sections 1001.203(b) and (c), Occupations
166	174		Code, are amended to read as follows:
167	175		(b) Except as provided by Subsection (a), the board may not
168	176		adopt rules restricting advertising or competitive bidding by a
169	177		person regulated by the board [license holder] except to prohibit
170	178		false, misleading, or deceptive practices.
171	179		(c) In its rules to prohibit false, misleading, or deceptive
172	180		practices by a person regulated by the board, the board may not
173	181		include a rule that:
174	182		(1) restricts the use of any medium for advertising;
175	183		(2) restricts the use of the person's [a license
176	184		holder's] personal appearance or voice in an advertisement;
177	185		(3) relates to the size or duration of an
178	186		advertisement by the person [license holder]; or
179	187		(4) restricts the person's [license holder's]
180	188		advertisement under a trade name.
181	189		SECTION 1.17. Section 1001.204, Occupations Code, is
182	190		amended to read as follows:
183	191		Sec. 1001.204. FEES. (a) The board shall establish [the
184	192		following] fees in amounts reasonable and necessary to cover the
185	193		costs of administering this chapter and Chapter 1071, including:
186	194		(1) license, registration, and certification fees
187	195		[fee];
188	196		(2) renewal fee [annual] and late renewal fee [fees];
189	197		(3) reciprocal license fee;
190	198		(4) duplicate license fee;
191	199		(5) [engineer-in-training certificate fee;
192	200		[(6)] roster [of engineers] fee;
193	201		(6) [(7)] examination fee;
194	202		[(8) registration fee for engineering firm;] and
195	203		(7) [(9)] inactive status fee.
196	204		(b) Fee revenue may not exceed the amount reasonable and
197	205		necessary to administer this chapter and Chapter 1071.
198	206		(c) General revenue of the state may not be used to pay the
199	207		costs of administering this chapter and Chapter 1071 in an amount
200	208		that exceeds the amount of fees received under this chapter and
201	209		Chapter 1071.
202	210		SECTION 1.18. Section 1001.205, Occupations Code, is
203	211		amended to read as follows:
204	212		Sec. 1001.205. REDUCED FEES: ELDERLY, DISABLED, INACTIVE
205	213		STATUS. (a) For purposes of this section, a person is disabled if
206	214		the person has a mental or physical impairment that substantially
207	215		limits the ability of the person to earn a living as an engineer or
208	216		land surveyor, other than an impairment caused by a current
209	217		addiction to the use of alcohol or an illegal drug or controlled
210	218		substance.
211	219		(b) The board by rule may adopt reduced license fees and
212	220		[annual] renewal fees for engineers and land surveyors who are:
213	221		(1) at least 65 years of age; or
214	222		(2) disabled and not actively engaged in the practice
215	223		of engineering or land surveying.
216	224		(c) A person entitled to reduced fees under Subsection
217	225		(b)(2) shall notify the board that the person has resumed the active
218	226		practice of engineering or land surveying not later than the 15th
219	227		day after the date the person resumes active practice.
220	228		SECTION 1.19. Section 1001.207, Occupations Code, is
221	229		amended to read as follows:
222	230		Sec. 1001.207. STANDARDS OF CONDUCT AND ETHICS. The board
223	231		may establish standards of conduct and ethics for engineers and
224	232		land surveyors in keeping with the purposes and intent of this
225	233		chapter and Chapter 1071 and to ensure strict compliance with and
226	234		enforcement of this chapter and Chapter 1071.
227	235		SECTION 1.20. The heading to Section 1001.208, Occupations
228	236		Code, is amended to read as follows:
229	237		Sec. 1001.208. ROSTER OF ENGINEERS AND LAND SURVEYORS.
230	238		SECTION 1.21. Section 1001.209, Occupations Code, is
231	239		amended to read as follows:
232	240		Sec. 1001.209. REGISTER OF APPLICANTS. The board shall
233	241		maintain a register of each application for a license or
234	242		registration under this chapter or Chapter 1071 [applications] that
235	243		shows:
236	244		(1) the name, age, and residence of each applicant;
237	245		(2) the date of the application;
238	246		(3) the applicant's place of business;
239	247		(4) the applicant's educational and other
240	248		qualifications;
241	249		(5) whether an examination was required;
242	250		(6) whether the applicant was issued or denied a
243	251		license or registration;
244	252		(7) the date of board action; and
245	253		(8) any other information the board considers
246	254		necessary.
247	255		SECTION 1.22. Section 1001.210, Occupations Code, is
248	256		amended to read as follows:
249	257		Sec. 1001.210. CONTINUING EDUCATION PROGRAMS FOR
250	258		ENGINEERS. (a) The board shall recognize, prepare, or administer
251	259		continuing education programs for engineers [its license holders].
252	260		An engineer [A license holder] must participate in the programs to
253	261		the extent required by the board to keep the engineer's [person's]
254	262		license.
255	263		(b) The board may not require an engineer [a license holder]
256	264		to obtain more than 15 hours of continuing education annually. The
257	265		board shall permit an engineer [a license holder] to certify at the
258	266		time the license is renewed that the engineer [license holder] has
259	267		complied with the board's continuing education requirements.
260	268		(c) The board shall permit an engineer [a license holder] to
261	269		receive continuing education credit for educational, technical,
262	270		ethical, or professional management activities related to the
263	271		practice of engineering, including:
264	272		(1) successfully completing or auditing a course
265	273		sponsored by an institution of higher education;
266	274		(2) successfully completing a course certified by a
267	275		professional or trade organization;
268	276		(3) attending a seminar, tutorial, short course,
269	277		correspondence course, videotaped course, or televised course;
270	278		(4) participating in an in-house course sponsored by a
271	279		corporation or other business entity;
272	280		(5) teaching a course described by Subdivisions
273	281		(1)-(4);
274	282		(6) publishing an article, paper, or book on the
275	283		practice of engineering;
276	284		(7) making or attending a presentation at a meeting of
277	285		a technical or engineering management society or organization or
278	286		writing a paper presented at such a meeting;
279	287		(8) participating in the activities of a professional
280	288		society or association, including serving on a committee of the
281	289		organization; and
282	290		(9) engaging in self-directed study.
283	291		(d) An engineer [A license holder] may not receive more than
284	292		five continuing education credit hours annually for engaging in
285	293		self-directed study.
286	294		SECTION 1.23. Section 1001.212, Occupations Code, is
287	295		amended to read as follows:
288	296		Sec. 1001.212. CONFIDENTIALITY OF CERTAIN INFORMATION
289	297		RELATED TO [LICENSE] APPLICATION. (a) A statement made by a person
290	298		providing a reference for an applicant and other pertinent
291	299		information compiled by or submitted to the board relating to an
292	300		applicant for licensing, registration, or certification [a
293	301		license] under this chapter or Chapter 1071 is privileged and
294	302		confidential.
295	303		(b) Information described by Subsection (a) may be used only
296	304		by the board or its employees or agents who are directly involved in
297	305		the application or licensing, registration, or certification
298	306		process. The information is not subject to discovery, subpoena, or
299	307		other disclosure.
300	308		SECTION 1.24. Section 1001.213(a), Occupations Code, is
301	309		amended to read as follows:
302	310		(a) The board may request and, if necessary, compel by
303	311		subpoena:
304	312		(1) the attendance of a witness for examination under
305	313		oath; and
306	314		(2) the production for inspection or copying of
307	315		records, documents, and other evidence relevant to the
308	316		investigation of an alleged violation of this chapter or Chapter
309	317		1071.
310	318		SECTION 1.25. Subchapter E, Chapter 1001, Occupations Code,
311	319		is amended by adding Section 1001.216 to read as follows:
312		-	Sec. 1001.216. ADVISORY COMMITTEES. (a) The board shall
313		-	appoint an advisory committee for the purpose of providing advice
314		-	and recommendations to the board on matters related to the
315		-	regulation of land surveying. The advisory committee must consist
316		-	of five or more individuals appointed by the board, at least five of
317		-	whom must be land surveyors.
318		-	(b) The board may not adopt a rule related to the scope of
319		-	practice of, the professional or technical standards for, or the
320		-	standards of conduct and ethics for land surveyors before
321		-	considering advice and recommendations from the advisory committee
322		-	described in Subsection (a).
323		-	(c) The board may appoint additional advisory committees to
324		-	provide advice and recommendations to the board on any other matter
325		-	relevant to the administration of this chapter or Chapter 1071.
	320	+	Sec. 1001.216. ADVISORY COMMITTEE. The board may appoint
	321	+	an advisory committee to provide advice and recommendations to the
	322	+	board on any matter relevant to the administration of this chapter
	323	+	or Chapter 1071.
326	324		SECTION 1.26. Section 1001.251(a), Occupations Code, is
327	325		amended to read as follows:
328	326		(a) The board shall prepare information of consumer
329	327		interest describing:
330	328		(1) the regulatory functions of the board under this
331	329		chapter and Chapter 1071; and
332	330		(2) the procedures by which consumer complaints are
333	331		filed with and resolved by the board.
334	332		SECTION 1.27. Sections 1001.252(a) and (d), Occupations
335	333		Code, are amended to read as follows:
336	334		(a) The board shall adopt rules that permit the board to
337	335		receive and investigate a confidential complaint against a [license
338	336		holder or other] person who may have violated this chapter or
339	337		Chapter 1071. The board shall maintain the confidentiality of the
340	338		complaint during the investigation.
341	339		(d) The board shall consider any written grievance against a
342	340		[license holder or other] person filed with the board as a
343	341		complaint.
344	342		SECTION 1.28. Chapter 1001, Occupations Code, is amended by
345	343		adding Subchapter F-1 to read as follows:
346	344		SUBCHAPTER F-1. GENERAL LICENSE, REGISTRATION, AND CERTIFICATION
347	345		REQUIREMENT
348	346		Sec. 1001.271. DEFINITION. In this subchapter, "license"
349	347		means a license, certification, registration, or other
350	348		authorization that is issued by the board under this chapter or
351	349		Chapter 1071.
352	350		SECTION 1.29. Section 1001.3035, Occupations Code, is
353	351		transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
354	352		added by this Act, redesignated as Section 1001.272, Occupations
355	353		Code, and amended to read as follows:
356	354		Sec. 1001.272 [1001.3035]. CRIMINAL HISTORY RECORD
357	355		INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) This section
358	356		applies only to an applicant for a license or registration as an
359	357		engineer, licensed state land surveyor, or registered professional
360	358		land surveyor.
361	359		(b) The board shall require that an applicant for a license
362	360		submit a complete and legible set of fingerprints, on a form
363	361		prescribed by the board, to the board or to the Department of Public
364	362		Safety for the purpose of obtaining criminal history record
365	363		information from the Department of Public Safety and the Federal
366	364		Bureau of Investigation.
367	365		(c) [(b)] The board may not issue a license to a person who
368	366		does not comply with the requirement of Subsection (b) [(a)].
369	367		(d) [(c)] The board shall conduct a criminal history check
370	368		of each applicant for a license using information:
371	369		(1) provided by the individual under this section; and
372	370		(2) made available to the board by the Department of
373	371		Public Safety, the Federal Bureau of Investigation, and any other
374	372		criminal justice agency under Chapter 411, Government Code.
375	373		(e) [(d)] The board may:
376	374		(1) enter into an agreement with the Department of
377	375		Public Safety to administer a criminal history check required under
378	376		this section; and
379	377		(2) authorize the Department of Public Safety to
380	378		collect from each applicant the costs incurred by the Department of
381	379		Public Safety in conducting the criminal history check.
382	380		SECTION 1.30. Subchapter F-1, Chapter 1001, Occupations
383	381		Code, as added by this Act, is amended by adding Section 1001.2721
384	382		to read as follows:
385	383		Sec. 1001.2721. EXAMINATION DEVELOPMENT AND
386	384		ADMINISTRATION. Notwithstanding any other law, the board may
387	385		adopt, recognize, develop, or contract for an examination required
388	386		by this chapter or Chapter 1071, including the administration of
389	387		the examination.
390	388		SECTION 1.31. Section 1001.306, Occupations Code, is
391	389		transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
392	390		added by this Act, redesignated as Section 1001.273, Occupations
393	391		Code, and amended to read as follows:
394	392		Sec. 1001.273 [1001.306]. EXAMINATION RESULTS. (a) Not
395	393		later than the 30th day after the date a person takes an [a
396	394		licensing] examination under this chapter or Chapter 1071, the
397	395		board shall notify the person of the results of the examination.
398	396		(a-1) If the examination is graded or reviewed by a testing
399	397		service:
400	398		(1) the board shall notify the person of the results of
401	399		the examination not later than the 14th day after the date the board
402	400		receives the results from the testing service; and
403	401		(2) if notice of the examination results will be
404	402		delayed for longer than 90 days after the examination date, the
405	403		board shall notify the person of the reason for the delay before the
406	404		90th day.
407	405		(b) The board may require a testing service to notify a
408	406		person of the results of the person's examination.
409	407		(c) If requested in writing by a person who fails an [a
410	408		licensing] examination administered under this chapter or Chapter
411	409		1071, the board shall furnish the person with an analysis of the
412	410		person's performance on the examination.
413	411		(d) Examination results reported under this section must
414	412		include a numerical score and an indication of whether the person
415	413		passed or failed the examination.
416	414		SECTION 1.32. Sections 1001.307 and 1001.352, Occupations
417	415		Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
418	416		Code, as added by this Act, and redesignated as Sections 1001.274
419	417		and 1001.275, Occupations Code, respectively, to read as follows:
420	418		Sec. 1001.274 [1001.307]. REEXAMINATION. The board may
421	419		permit reexamination of an applicant on payment of an appropriate
422	420		reexamination fee in an amount set by the board.
423	421		Sec. 1001.275 [1001.352]. NOTICE OF LICENSE EXPIRATION.
424	422		Not later than the 30th day before the date a person's license is
425	423		scheduled to expire, the board shall send written notice of the
426	424		impending expiration to the person at the person's last known
427	425		address according to the records of the board.
428	426		SECTION 1.33. Sections 1001.353 and 1001.3535, Occupations
429	427		Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
430	428		Code, as added by this Act, redesignated as Sections 1001.276 and
431	429		1001.277, Occupations Code, respectively, and amended to read as
432	430		follows:
433	431		Sec. 1001.276 [1001.353]. PROCEDURE FOR RENEWAL. (a) A
434	432		person who is otherwise eligible to renew a license may renew an
435	433		unexpired license by paying the required [annual] renewal fee to
436	434		the board before the expiration date of the license. A person whose
437	435		license has expired may not engage in activities that require a
438	436		license until the license has been renewed.
439	437		(b) A person whose license has been expired for 90 days or
440	438		less may renew the license by paying to the board the required
441	439		[annual] renewal fee and a late renewal fee.
442	440		(c) A person whose license has been expired for more than 90
443	441		days but less than two years may renew the license by paying to the
444	442		board the required [annual] renewal fee and a late renewal fee for
445	443		each delinquent year or part of a year.
446	444		(d) A person whose license has been expired for two years or
447	445		more may not renew the license. The person may obtain a new license
448	446		by complying with the requirements and procedures, including the
449	447		examination requirements, for obtaining an original license.
450	448		Sec. 1001.277 [1001.3535]. CRIMINAL HISTORY RECORD
451	449		INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) This section
452	450		applies only to an applicant for renewal of a license or
453	451		registration as an engineer, licensed state land surveyor, or
454	452		registered professional land surveyor.
455	453		(b) An applicant renewing a license [issued under this
456	454		chapter] shall submit a complete and legible set of fingerprints
457	455		for purposes of performing a criminal history check of the
458	456		applicant as provided by Section 1001.272 [1001.3035].
459	457		(c) [(b)] The board may not renew the license of a person
460	458		who does not comply with the requirement of Subsection (b) [(a)].
461	459		(d) [(c)] A license holder is not required to submit
462	460		fingerprints under this section for the renewal of the license if
463	461		the license holder has previously submitted fingerprints under:
464	462		(1) Section 1001.272 [1001.3035] for the initial
465	463		issuance of the license; or
466	464		(2) this section as part of a prior license renewal.
467	465		SECTION 1.34. Section 1001.354, Occupations Code, is
468	466		transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
469	467		added by this Act, and redesignated as Section 1001.278,
470	468		Occupations Code, to read as follows:
471	469		Sec. 1001.278 [1001.354]. RENEWAL OF EXPIRED LICENSE BY
472	470		OUT-OF-STATE PRACTITIONER. (a) A person who was licensed in this
473	471		state, moved to another state, and is currently licensed and has
474	472		been in practice in the other state for the two years preceding the
475	473		date of application may obtain a new license without reexamination.
476	474		(b) The person must pay to the board a fee that is equal to
477	475		two times the normally required renewal fee for the license.
478	476		SECTION 1.35. Section 1001.355, Occupations Code, is
479	477		transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
480	478		added by this Act, redesignated as Section 1001.279, Occupations
481	479		Code, and amended to read as follows:
482	480		Sec. 1001.279 [1001.355]. INACTIVE STATUS. (a) An
483	481		engineer or land surveyor may request inactive status at any time.
484	482		An engineer or land surveyor [A license holder] on inactive status
485	483		may not practice engineering or land surveying, as applicable.
486	484		(b) An engineer or land surveyor [A license holder] on
487	485		inactive status must pay a [an annual] fee in an amount and at times
488	486		prescribed [set] by the board.
489	487		(c) An engineer or land surveyor [A license holder] on
490	488		inactive status is not required to:
491	489		(1) comply with the continuing education requirements
492	490		adopted by the board under Section 1001.210 or 1071.305, as
493	491		applicable; or
494	492		(2) take an examination for reinstatement to active
495	493		status.
496	494		(d) To return to active status, an engineer or land surveyor
497	495		[a license holder] on inactive status must:
498	496		(1) file with the board a written notice requesting
499	497		reinstatement to active status;
500	498		(2) pay the fee for the [annual] renewal of the
501	499		license; and
502	500		(3) provide evidence satisfactory to the board that
503	501		the person has complied with the continuing education requirements
504	502		adopted by the board under Section 1001.210 or 1071.305, as
505	503		applicable.
506	504		SECTION 1.36. The heading to Subchapter G, Chapter 1001,
507	505		Occupations Code, is amended to read as follows:
508	506		SUBCHAPTER G. ENGINEERING LICENSE REQUIREMENTS
509	507		SECTION 1.37. Section 1001.305, Occupations Code, is
510	508		amended to read as follows:
511	509		Sec. 1001.305. WAIVER OF EXAMINATION REQUIREMENT. The
512	510		board by rule may waive all or part of the examination requirement
513	511		for an applicant for the issuance or reissuance of a license under
514	512		this chapter. The board may not waive the requirement unless the
515	513		board first determines that:
516	514		(1) the applicant possesses sufficient qualifications
517	515		to justify the waiver; and
518	516		(2) issuing or reissuing the license to the applicant
519	517		does not pose a threat to the public health, safety, or welfare.
520	518		SECTION 1.38. Section 1001.311, Occupations Code, is
521	519		amended to read as follows:
522	520		Sec. 1001.311. APPLICATION BY NONRESIDENT. (a) A person
523	521		who holds a license or certificate of registration issued by
524	522		another state or a foreign country may apply under this chapter for
525	523		a license in this state.
526	524		(b) The board may waive any prerequisite to obtaining a
527	525		license under this chapter for an applicant after reviewing the
528	526		applicant's credentials and determining that the applicant holds a
529	527		license issued by another jurisdiction that has licensing
530	528		requirements substantially equivalent to those of this state.
531	529		SECTION 1.39. Section 1001.312, Occupations Code, is
532	530		amended to read as follows:
533	531		Sec. 1001.312. REPLACEMENT LICENSE. The board, subject to
534	532		board rules, may issue a new license to replace a license issued
535	533		under this chapter that is lost, destroyed, or mutilated.
536	534		SECTION 1.40. The heading to Subchapter H, Chapter 1001,
537	535		Occupations Code, is amended to read as follows:
538	536		SUBCHAPTER H. ENGINEERING LICENSE RENEWAL
539	537		SECTION 1.41. Section 1001.452, Occupations Code, is
540	538		amended to read as follows:
541	539		Sec. 1001.452. GROUNDS FOR DISCIPLINARY ACTION. A person
542	540		is subject to disciplinary action under Section 1001.451 for:
543	541		(1) a violation of this chapter or a board rule adopted
544	542		under this chapter;
545	543		(2) fraud or deceit in obtaining a license;
546	544		(3) a documented instance of retaliation by an
547	545		applicant against an individual who has served as a reference for
548	546		that applicant;
549	547		(4) gross negligence, incompetency, or misconduct in
550	548		the practice of engineering; or
551	549		(5) a failure to timely provide plans or
552	550		specifications to the Texas Department of Licensing and Regulation
553	551		as required by Chapter 469, Government Code [Article 9102, Revised
554	552		Statutes].
555	553		SECTION 1.42. Section 1001.501, Occupations Code, is
556	554		amended to read as follows:
557	555		Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The
558	556		board may impose an administrative penalty on a person who violates
559	557		this chapter or Chapter 1071 or a rule adopted or order issued under
560	558		this chapter or Chapter 1071.
561	559		SECTION 1.43. Section 1001.502, Occupations Code, is
562	560		amended by amending Subsection (a) and adding Subsection (a-1) to
563	561		read as follows:
564	562		(a) The amount of an administrative penalty may not exceed:
565	563		(1) $5,000 for each violation of this chapter or a rule
566	564		adopted or order issued under this chapter; and
567	565		(2) $1,500 for each violation of Chapter 1071 or a rule
568	566		adopted or order issued under Chapter 1071.
569	567		(a-1) Each day a violation continues or occurs is a separate
570	568		violation for purposes of imposing a penalty.
571	569		SECTION 1.44. Sections 1001.551(a) and (d), Occupations
572	570		Code, are amended to read as follows:
573	571		(a) In addition to any other action authorized by law, the
574	572		board may bring an action in the board's name to enjoin a person
575	573		from violating this chapter or Chapter 1071 or a board rule adopted
576	574		under this chapter or Chapter 1071.
577	575		(d) In an action for an injunction under this section, the
578	576		defendant may assert and prove as a complete defense to the action
579	577		that the board deprived the defendant of a license, certificate, or
580	578		registration by a board action or proceeding that was:
581	579		(1) arbitrary or capricious;
582	580		(2) contrary to law; or
583	581		(3) conducted without due process of law.
584	582		SECTION 1.45. Section 1001.5511, Occupations Code, is
585	583		amended to read as follows:
586	584		Sec. 1001.5511. CEASE AND DESIST ORDER. If it appears to
587	585		the board that a person who is not licensed, certified, or
588	586		registered under this chapter or Chapter 1071 is violating this
589	587		chapter or Chapter 1071, a rule adopted under this chapter or
590	588		Chapter 1071, or another state statute or rule relating to the
591	589		practice of engineering or land surveying, the board, after notice
592	590		and opportunity for a hearing, may issue a cease and desist order
593	591		prohibiting the person from engaging in the activity.
594	592		SECTION 1.46. Section 1001.552(a), Occupations Code, is
595	593		amended to read as follows:
596	594		(a) A person commits an offense if the person:
597	595		(1) engages in the practice of engineering without
598	596		being licensed or exempted from the licensing requirement under
599	597		this chapter;
600	598		(2) violates this chapter with respect to the
601	599		regulation of engineering;
602	600		(3) presents or attempts to use as the person's own the
603	601		engineering license or seal of another; or
604	602		(4) gives false evidence of any kind to the board or a
605	603		board member in obtaining an engineering [a] license.
606	604		SECTION 1.47. Section 1001.553, Occupations Code, is
607	605		amended to read as follows:
608	606		Sec. 1001.553. REPORT OF VIOLATION. A public official
609	607		shall report a violation of this chapter or Chapter 1071 to the
610	608		proper authorities.
611	609		SECTION 1.48. Section 1001.554, Occupations Code, is
612	610		amended to read as follows:
613	611		Sec. 1001.554. PRESENTATION OF COMPLAINTS BY BOARD;
614	612		ASSISTANCE AT TRIAL. (a) A member of the board may present to a
615	613		prosecuting officer a complaint relating to a violation of this
616	614		chapter or Chapter 1071.
617	615		(b) The board through its members, officers, counsel, and
618	616		agents and subject to the control of the prosecuting officer may
619	617		assist in the trial of a case involving an alleged violation of this
620	618		chapter or Chapter 1071.
621	619		SECTION 1.49. Section 1001.555(a), Occupations Code, is
622	620		amended to read as follows:
623	621		(a) The attorney general shall:
624	622		(1) act as legal advisor of the board;
625	623		(2) provide legal assistance to the board as necessary
626	624		to enforce this chapter or Chapter 1071 and make those laws [it]
627	625		effective; and
628	626		(3) represent the board in an action brought to
629	627		enforce this chapter or Chapter 1071.
630	628		SECTION 1.50. Section 1001.556, Occupations Code, is
631	629		amended to read as follows:
632	630		Sec. 1001.556. APPEAL BOND. The board is not required to
633	631		give an appeal bond in a cause arising under this chapter or Chapter
634	632		1071.
635	633		SECTION 1.51. Section 1071.002(1), Occupations Code, is
636	634		amended to read as follows:
637	635		(1) "Board" means the Texas Board of Professional
638	636		Engineers and Land Surveyors [Surveying].
639	637		SECTION 1.52. Section 1071.254, Occupations Code, is
640	638		amended by amending Subsection (a) and adding Subsection (c) to
641	639		read as follows:
642	640		(a) An applicant for registration as a registered
643	641		professional land surveyor must:
644	642		(1) hold a certificate as a surveyor-in-training;
645	643		(2) have at least two years of experience satisfactory
646	644		to the board as a surveyor-in-training in performing surveying in
647	645		delegated responsible charge as a subordinate to a surveyor
648	646		registered or licensed to engage in the practice of surveying in
649	647		this state or in another state having registration or licensing
650	648		requirements equivalent to the requirements of this state; and
651		-	(3) [if the ~~application is filed after January 1,~~
652		-	2003,] have earned ~~an associate or [~~a~~] bachelor's degree from an~~
653		-	accredited institution of higher ~~education that included at least~~
654		-	32 semester hours in a combination ~~of courses acceptable to the~~
655		-	board in:
	649	+	(3) except as provided by Subsection (c) [if the
	650	+	application is filed after January 1, 2003], have earned a
	651	+	bachelor's degree from an accredited institution of higher
	652	+	education that included at least 32 semester hours in a combination
	653	+	of courses acceptable to the board in:
656	654		(A) civil engineering;
657	655		(B) land surveying;
658	656		(C) mathematics;
659	657		(D) photogrammetry;
660	658		(E) forestry;
661	659		(F) land law; or
662	660		(G) the physical sciences.
663	661		(c) The board by rule may authorize the waiver of the
664	662		requirement that an applicant for registration as a registered
665		-	professional land surveyor have a bachelor's degree if the board
666		-	determines:
667		-	(1) the applicant possesses sufficient qualifications
668		-	to justify the waiver; and
669		-	(2) the applicant's registration does not pose a
	663	+	professional land surveyor have a bachelor's degree if:
	664	+	(1) the applicant has earned an associate degree from
	665	+	an accredited institution of higher education that included at
	666	+	least 32 semester hours in a combination of courses acceptable to
	667	+	the board in:
	668	+	(A) civil engineering;
	669	+	(B) land surveying;
	670	+	(C) mathematics;
	671	+	(D) photogrammetry;
	672	+	(E) forestry;
	673	+	(F) land law; or
	674	+	(G) the physical sciences; and
	675	+	(2) the board determines:
	676	+	(A) the applicant possesses sufficient
	677	+	qualifications to justify the waiver; and
	678	+	(B) the applicant's registration does not pose a
670	679		threat to the public health, safety, or welfare.
671	680		SECTION 1.53. The heading to Section 1071.301, Occupations
672	681		Code, is amended to read as follows:
673	682		Sec. 1071.301. LICENSE TERM AND [ANNUAL] RENEWAL
674	683		[REQUIRED].
675	684		SECTION 1.54. Section 1071.301, Occupations Code, is
676	685		amended by amending Subsection (a) and adding Subsections (a-1) and
677	686		(a-2) to read as follows:
678	687		(a) The board by rule shall provide:
679	688		(1) that each certificate of registration or license
680	689		under this chapter is valid for a term of one year or two years; and
681	690		(2) for the renewal of the certificate or license.
682	691		(a-1) The board by rule may adopt a system under which
683	692		certificates of registration and licenses expire on various dates
684	693		during the year.
685	694		(a-2) For the year in which the certificate or license
686	695		expiration date is changed, the board shall prorate certificate and
687	696		license fees on a monthly basis so that each certificate or license
688	697		holder pays only that portion of the certificate or license fee that
689	698		is allocable to the number of months during which the certificate or
690	699		license is valid. On renewal of the certificate or license on the
691	700		new expiration date, the total certificate or license renewal fee
692	701		is payable.
693	702		SECTION 1.55. Section 1071.352(a-2), Occupations Code, is
694	703		amended to read as follows:
695	704		(a-2) The board may refuse to issue or renew and may suspend
696	705		or revoke the registration of a business entity and may impose an
697	706		administrative penalty under Subchapter K, Chapter 1001, against
698	707		the owner of a business entity for a violation of this chapter by an
699	708		employee, agent, or other representative of the entity, including a
700	709		registered professional land surveyor employed by the entity.
701	710		SECTION 1.56. Section 1071.401(a), Occupations Code, is
702	711		amended to read as follows:
703	712		(a) The board shall revoke, suspend, or refuse to renew a
704	713		certificate of registration or license, place on probation a person
705	714		whose certificate or license has been suspended, or reprimand a
706	715		registration holder or license holder for:
707	716		(1) fraud or deceit in obtaining a certificate or
708	717		license under this chapter;
709	718		(2) gross negligence, incompetence, or misconduct in
710	719		the practice of surveying as a land surveyor; or
711	720		(3) a violation of this chapter or a board rule adopted
712	721		under this chapter.
713	722		SECTION 1.57. Sections 1071.4035(a) and (b), Occupations
714	723		Code, are amended to read as follows:
715	724		(a) The board by rule shall establish guidelines for an
716	725		informal settlement conference related to a complaint filed with
717	726		the board regarding conduct regulated under this chapter.
718	727		(b) Subject to Subsection (c), the board may order a person
719	728		licensed or registered under this chapter to pay restitution to a
720	729		consumer as provided in an agreement resulting from an informal
721	730		settlement conference instead of or in addition to assessing an
722	731		administrative penalty under Subchapter K, Chapter 1001 [this
723	732		chapter].
724	733		SECTION 1.58. The following provisions of the Occupations
725	734		Code are repealed:
726	735		(1) Section 1071.003;
727	736		(2) Subchapter B, Chapter 1071;
728	737		(3) Subchapter C, Chapter 1071;
729	738		(4) Subchapter D, Chapter 1071;
730	739		(5) Subchapter E, Chapter 1071;
731	740		(6) Section 1071.255(c);
732	741		(7) Section 1071.257;
733	742		(8) Section 1071.258;
734	743		(9) Section 1071.263;
735	744		(10) Section 1071.302;
736	745		(11) Section 1071.303;
737	746		(12) Sections 1071.402(b), (c), (d), (e), (f), and
738	747		(g);
739	748		(13) Subchapter J, Chapter 1071;
740	749		(14) Section 1071.501;
741	750		(15) Section 1071.502; and
742	751		(16) Subchapter L, Chapter 1071.
743	752		ARTICLE 2. CONFORMING AMENDMENTS
744	753		SECTION 2.01. Section 150.003(a), Civil Practice and
745	754		Remedies Code, is amended to read as follows:
746	755		(a) This section applies only to a licensed or registered
747	756		professional who provides architectural or engineering services if
748	757		the services:
749	758		(1) are authorized, as appropriate for the
750	759		professional, in:
751	760		(A) Chapter 1001, Occupations Code;
752	761		(B) Chapter 1051, Occupations Code;
753	762		(C) 22 T.A.C. Part 6 (Texas Board of
754	763		Professional Engineers and Land Surveyors), Chapter 137
755	764		(Compliance and Professionalism); and
756	765		(D) 22 T.A.C. Part 1 (Texas Board of
757	766		Architectural Examiners), Chapter 1 (Architects), Subchapter H
758	767		(Professional Conduct);
759	768		(2) subject to Subsection (d), are provided
760	769		voluntarily and without compensation or the expectation of
761	770		compensation;
762	771		(3) are in response to and provided during the
763	772		duration of a proclaimed state of emergency under Section 433.001,
764	773		Government Code, or a declared state of disaster under Section
765	774		418.014, Government Code;
766	775		(4) are provided at the request or with the approval of
767	776		a federal, state, or local public official acting in an official
768	777		capacity in response to the proclaimed state of emergency or
769	778		declared disaster, including a law enforcement official, public
770	779		safety official, or building inspection official; and
771	780		(5) are related to a structure, building, roadway,
772	781		piping, or other system, either publicly or privately owned.
773	782		SECTION 2.02. Section 411.122(d), Government Code, is
774	783		amended to read as follows:
775	784		(d) The following state agencies are subject to this
776	785		section:
777	786		(1) Texas Appraiser Licensing and Certification
778	787		Board;
779	788		(2) Texas Board of Architectural Examiners;
780	789		(3) Texas Board of Chiropractic Examiners;
781	790		(4) State Board of Dental Examiners;
782	791		(5) Texas Board of Professional Engineers and Land
783	792		Surveyors;
784	793		(6) Texas Funeral Service Commission;
785	794		(7) Texas Board of Professional Geoscientists;
786	795		(8) [Department of State] Health and Human Services
787	796		Commission, except as provided by Section 411.110, and agencies
788	797		attached to the commission [department], including:
789	798		(A) Texas State Board of Examiners of Marriage
790	799		and Family Therapists;
791	800		(B) Texas State Board of Examiners of
792	801		Professional Counselors; and
793	802		(C) Texas State Board of Social Worker Examiners;
794	803		(9) [Texas Board of Professional Land Surveying;
795	804		[(10)] Texas Department of Licensing and Regulation,
796	805		except as provided by Section 411.093;
797	806		(10) [(11)] Texas Commission on Environmental
798	807		Quality;
799	808		(11) [(12)] Texas Board of Occupational Therapy
800	809		Examiners;
801	810		(12) [(13)] Texas Optometry Board;
802	811		(13) [(14)] Texas State Board of Pharmacy;
803	812		(14) [(15)] Texas Board of Physical Therapy
804	813		Examiners;
805	814		(15) [(16)] Texas State Board of Plumbing Examiners;
806	815		(16) [(17) Texas State Board of Podiatric Medical
807	816		Examiners;
808	817		[(18)] Texas State Board of Examiners of
809	818		Psychologists;
810	819		(17) [(19)] Texas Real Estate Commission;
811	820		(18) [(20)] Texas Department of Transportation;
812	821		(19) [(21)] State Board of Veterinary Medical
813	822		Examiners;
814	823		(20) [(22)] Texas Department of Housing and Community
815	824		Affairs;
816	825		(21) [(23)] secretary of state;
817	826		(22) [(24)] state fire marshal;
818	827		(23) [(25)] Texas Education Agency;
819	828		(24) [(26)] Department of Agriculture; and
820	829		(25) [(27)] Texas Department of Motor Vehicles.
821	830		SECTION 2.03. Section 469.104, Government Code, is amended
822	831		to read as follows:
823	832		Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
824	833		The commission shall report to the Texas Board of Architectural
825	834		Examiners, the Texas Board of Professional Engineers and Land
826	835		Surveyors, or another appropriate licensing authority the failure
827	836		of any architect, interior designer, landscape architect, or
828	837		engineer to submit or resubmit in a timely manner plans and
829	838		specifications to the department as required by this subchapter.
830	839		SECTION 2.04. Section 472.001, Government Code, is amended
831	840		to read as follows:
832	841		Sec. 472.001. APPLICABILITY OF CHAPTER. This chapter
833	842		applies to:
834	843		(1) the Texas State Board of Public Accountancy;
835	844		(2) the Texas Board of Professional Engineers and Land
836	845		Surveyors; and
837	846		(3) the Texas Board of Architectural Examiners.
838	847		SECTION 2.05. Section 472.102(c), Government Code, is
839	848		amended to read as follows:
840	849		(c) The Texas State Board of Public Accountancy shall
841	850		annually remit $703,344 to the general revenue fund, the Texas
842	851		Board of Professional Engineers and Land Surveyors shall annually
843	852		remit $373,900 to the general revenue fund, and the Texas Board of
844	853		Architectural Examiners shall annually remit $510,000 to the
845	854		general revenue fund.
846	855		SECTION 2.06. Section 2054.352(a), Government Code, is
847	856		amended to read as follows:
848	857		(a) The following licensing entities shall participate in
849	858		the system established under Section 2054.353:
850	859		(1) Texas Board of Chiropractic Examiners;
851	860		(2) Judicial Branch Certification Commission;
852	861		(3) State Board of Dental Examiners;
853	862		(4) Texas Funeral Service Commission;
854	863		(5) [Texas Board of Professional Land Surveying;
855	864		[(6)] Texas Medical Board;
856	865		(6) [(7)] Texas Board of Nursing;
857	866		(7) [(8)] Texas Optometry Board;
858	867		(8) [(9)] Department of Agriculture, for licenses
859	868		issued under Chapter 1951, Occupations Code;
860	869		(9) [(10)] Texas State Board of Pharmacy;
861	870		(10) [(11)] Executive Council of Physical Therapy and
862	871		Occupational Therapy Examiners;
863	872		(11) [(12)] Texas State Board of Plumbing Examiners;
864	873		(12) [(13) Texas State Board of Podiatric Medical
865	874		Examiners;
866	875		[(14)] Texas State Board of Examiners of
867	876		Psychologists;
868	877		(13) [(15)] State Board of Veterinary Medical
869	878		Examiners;
870	879		(14) [(16)] Texas Real Estate Commission;
871	880		(15) [(17)] Texas Appraiser Licensing and
872	881		Certification Board;
873	882		(16) [(18)] Texas Department of Licensing and
874	883		Regulation;
875	884		(17) [(19)] Texas State Board of Public Accountancy;
876	885		(18) [(20)] State Board for Educator Certification;
877	886		(19) [(21)] Texas Board of Professional Engineers and
878	887		Land Surveyors;
879	888		(20) [(22) Department of State] Health and Human
880	889		Services Commission;
881	890		(21) [(23)] Texas Board of Architectural Examiners;
882	891		(22) [(24)] Texas Racing Commission;
883	892		(23) [(25)] Texas Commission on Law Enforcement; and
884	893		(24) [(26)] Texas Private Security Board.
885	894		SECTION 2.07. Section 2166.202(b), Government Code, is
886	895		amended to read as follows:
887	896		(b) The commission, in consultation with the Texas Board of
888	897		Architectural Examiners and the Texas Board of Professional
889	898		Engineers and Land Surveyors, shall adopt by rule criteria to
890	899		evaluate the competence and qualifications of a prospective private
891	900		design professional.
892	901		SECTION 2.08. Section 361.901(6), Health and Safety Code,
893	902		is amended to read as follows:
894	903		(6) "Licensed professional engineer" means a person
895	904		licensed as an engineer by the Texas Board of Professional
896	905		Engineers and Land Surveyors.
897	906		SECTION 2.09. Section 366.071(c), Health and Safety Code,
898	907		is amended to read as follows:
899	908		(c) A person who conducts preconstruction site evaluations,
900	909		including visiting a site and performing a soil analysis, a site
901	910		survey, or other activities necessary to determine the suitability
902	911		of a site for an on-site sewage disposal system must hold a license
903	912		issued by the commission under Chapter 37, Water Code, unless the
904	913		person is licensed by the Texas Board of Professional Engineers and
905	914		Land Surveyors as an engineer.
906	915		SECTION 2.10. Sections 2210.2515(c) and (d), Insurance
907	916		Code, are amended to read as follows:
908	917		(c) A person may apply to the association on a form
909	918		prescribed by the department for a certificate of compliance for a
910	919		completed improvement. The association shall issue a certificate
911	920		of compliance for a completed improvement if a professional
912	921		engineer licensed by the Texas Board of Professional Engineers and
913	922		Land Surveyors:
914	923		(1) has designed the improvement, has affixed the
915	924		engineer's seal on the design, and submits to the association on a
916	925		form prescribed by the department an affirmation of compliance with
917	926		the applicable building code under the plan of operation; or
918	927		(2) completes a sealed post-construction evaluation
919	928		report that confirms compliance with the applicable building code
920	929		under the plan of operation.
921	930		(d) A person may apply to the department on a form
922	931		prescribed by the department for a certificate of compliance for an
923	932		ongoing improvement. Except as provided by Subsection (e), the
924	933		department shall issue a certificate of compliance for an ongoing
925	934		improvement if a qualified inspector under Section 2210.254
926	935		inspects the ongoing improvement in accordance with commissioner
927	936		rule and affirms that the improvement:
928	937		(1) conforms to a design of the improvement that has a
929	938		seal affixed by a professional engineer licensed by the Texas Board
930	939		of Professional Engineers and Land Surveyors and complies with the
931	940		applicable building code under the plan of operation; or
932	941		(2) complies with the applicable building code under
933	942		the plan of operation.
934	943		SECTION 2.11. Section 89.023(a), Natural Resources Code, is
935	944		amended to read as follows:
936	945		(a) The commission may grant an extension of the deadline
937	946		for plugging an inactive well if the operator maintains a current
938	947		organization report with the commission as required by Section
939	948		91.142 and if, on or before the date of renewal of the operator's
940	949		organization report as required by that section, the operator files
941	950		with the commission an application for an extension that includes:
942	951		(1) an affirmation that complies with Section 89.029;
943	952		(2) a statement that the operator has, and on request
944	953		will provide, evidence of a good faith claim to a continuing right
945	954		to operate the well; and
946	955		(3) at least one of the following:
947	956		(A) documentation that since the preceding date
948	957		that the operator's organization report was required to be renewed
949	958		the operator has plugged, or restored to active operation as
950	959		defined by commission rule, a number of inactive wells equal to or
951	960		greater than 10 percent of the number of inactive wells operated by
952	961		the operator on that date;
953	962		(B) an abeyance of plugging report on a form
954	963		approved by the commission that:
955	964		(i) is in the form of a certification signed
956	965		by a person licensed by the Texas Board of Professional Engineers
957	966		and Land Surveyors as an engineer or by the Texas Board of
958	967		Professional Geoscientists;
959	968		(ii) includes:
960	969		(a) an affirmation by the licensed
961	970		person that the well has:
962	971		(1) a reasonable expectation of
963	972		economic value in excess of the cost of plugging the well for the
964	973		duration of the period covered by the report, based on the cost
965	974		calculation for plugging an inactive well; and
966	975		(2) a reasonable expectation of
967	976		being restored to a beneficial use that will prevent waste of oil or
968	977		gas resources that otherwise would not be produced if the well were
969	978		plugged; and
970	979		(b) appropriate documentation
971	980		demonstrating the basis for the affirmation of the well's future
972	981		utility; and
973	982		(iii) specifies the field and the covered
974	983		wells within that field in a format prescribed by the commission;
975	984		(C) a statement that the well is part of an
976	985		enhanced oil recovery project;
977	986		(D) if the operator of the well is not currently
978	987		otherwise required by commission rule or order to conduct a fluid
979	988		level or hydraulic pressure test of the well, documentation of the
980	989		results of a successful fluid level or hydraulic pressure test of
981	990		the well conducted in accordance with the commission's rules in
982	991		effect at the time the test is conducted;
983	992		(E) a supplemental bond, letter of credit, or
984	993		cash deposit sufficient for each well specified in the application
985	994		that:
986	995		(i) complies with the requirements of
987	996		Chapter 91; and
988	997		(ii) is of an amount at least equal to the
989	998		cost calculation for plugging an inactive well for each well
990	999		specified in the application;
991	1000		(F) documentation of the deposit with the
992	1001		commission each time the operator files an application of an amount
993	1002		of escrow funds as prescribed by commission rule that equal at least
994	1003		10 percent of the total cost calculation for plugging an inactive
995	1004		well for each well specified in the application; or
996	1005		(G) if the operator is a publicly traded entity:
997	1006		(i) the following documents:
998	1007		(a) a copy of the operator's federal
999	1008		documents filed to comply with Financial Accounting Standards Board
1000	1009		Statement No. 143, Accounting for Asset Retirement Obligations;
1001	1010		and
1002	1011		(b) an original, executed Uniform
1003	1012		Commercial Code Form 1 Financing Statement, filed with the
1004	1013		secretary of state, that:
1005	1014		(1) names the operator as the
1006	1015		"debtor" and the Railroad Commission of Texas as the "secured
1007	1016		creditor"; and
1008	1017		(2) specifies the funds covered
1009	1018		by the documents described by Sub-subparagraph (a) in the amount of
1010	1019		the cost calculation for plugging an inactive well for each well
1011	1020		specified in the application; or
1012	1021		(ii) a blanket bond in the amount of the
1013	1022		lesser of:
1014	1023		(a) the cost calculation for plugging
1015	1024		any inactive wells; or
1016	1025		(b) $2 million.
1017	1026		SECTION 2.12. Section 1002.004(j), Occupations Code, is
1018	1027		amended to read as follows:
1019	1028		(j) The board and the Texas Board of Professional Engineers
1020	1029		and Land Surveyors by rule, memorandum of understanding, or other
1021	1030		appropriate procedure or document shall jointly resolve any
1022	1031		conflict between this chapter or a rule adopted under this chapter
1023	1032		and Chapter 1001 or a rule adopted under that chapter.
1024	1033		SECTION 2.13. Sections 1051.607(b), (g), and (h),
1025	1034		Occupations Code, are amended to read as follows:
1026	1035		(b) An engineer may not engage or offer to engage in the
1027	1036		practice of architecture unless:
1028	1037		(1) the engineer is listed under Subsection (a); and
1029	1038		(2) the engineer is in good standing with the Texas
1030	1039		Board of Professional Engineers and Land Surveyors.
1031	1040		(g) The board and the Texas Board of Professional Engineers
1032	1041		and Land Surveyors shall pay equally the costs of a contested case.
1033	1042		(h) The Texas Board of Professional Engineers and Land
1034	1043		Surveyors has exclusive regulatory oversight over an engineer
1035	1044		listed under Subsection (a).
1036	1045		SECTION 2.14. Section 223.151, Transportation Code, is
1037	1046		amended to read as follows:
1038	1047		Sec. 223.151. APPLICABILITY. This subchapter:
1039	1048		(1) applies to services of a technical expert,
1040	1049		including an archeologist, biologist, geologist, or historian, to
1041	1050		conduct an environmental or cultural assessment required by state
1042	1051		or federal law for a transportation project under the authority or
1043	1052		jurisdiction of the department; and
1044	1053		(2) does not apply to services defined as engineering
1045	1054		by the Texas Board of Professional Engineers and Land Surveyors
1046	1055		under Chapter 1001, Occupations Code.
1047	1056		SECTION 2.15. Section 26.3573(u), Water Code, is amended to
1048	1057		read as follows:
1049	1058		(u) The petroleum storage tank remediation account may not
1050	1059		be used to pay for a site remediation that involves the installation
1051	1060		or construction of on-site equipment, structures, or systems used
1052	1061		in the extraction or management of wastes, except for soil
1053	1062		excavation and landfill disposal or well sampling and monitoring,
1054	1063		unless:
1055	1064		(1) the plans and specifications for the equipment,
1056	1065		structures, or systems are sealed by an engineer licensed by the
1057	1066		Texas Board of Professional Engineers and Land Surveyors; and
1058	1067		(2) the equipment, structures, or systems are
1059	1068		constructed under the supervision of an engineer licensed by the
1060	1069		Texas Board of Professional Engineers and Land Surveyors.
1061	1070		SECTION 2.16. Sections 26.364(b), (c), and (e), Water Code,
1062	1071		are amended to read as follows:
1063	1072		(b) The commission, on the request of an engineer licensed
1064	1073		by the Texas Board of Professional Engineers and Land Surveyors,
1065	1074		shall register the engineer in the program.
1066	1075		(c) An engineer registered in the program may contract to
1067	1076		perform corrective action under this subchapter unless the Texas
1068	1077		Board of Professional Engineers and Land Surveyors determines the
1069	1078		engineer is not qualified to perform a corrective action.
1070	1079		(e) The commission may not adopt minimum qualifications for
1071	1080		an engineer licensed by the Texas Board of Professional Engineers
1072	1081		and Land Surveyors to contract with an eligible owner or operator to
1073	1082		perform a corrective action under this subchapter.
1074	1083		SECTION 2.17. Sections 26.366(b), (c), and (e), Water Code,
1075	1084		are amended to read as follows:
1076	1085		(b) The commission, on the request of an engineer licensed
1077	1086		by the Texas Board of Professional Engineers and Land Surveyors,
1078	1087		shall license the engineer in the program.
1079	1088		(c) An engineer licensed in the program may supervise a
1080	1089		corrective action under this subchapter unless the Texas Board of
1081	1090		Professional Engineers and Land Surveyors determines the engineer
1082	1091		is not qualified to supervise a corrective action.
1083	1092		(e) The commission may not adopt minimum qualifications for
1084	1093		an engineer licensed by the Texas Board of Professional Engineers
1085	1094		and Land Surveyors to supervise a corrective action under this
1086	1095		subchapter.
1087	1096		ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
1088	1097		SECTION 3.01. (a) The Texas Board of Professional Land
1089	1098		Surveying is abolished but continues in existence until September
1090	1099		1, 2020, for the sole purpose of transferring obligations,
1091	1100		property, rights, powers, and duties to the Texas Board of
1092	1101		Professional Engineers and Land Surveyors as created by this Act.
1093	1102		The Texas Board of Professional Engineers and Land Surveyors
1094	1103		assumes all of the obligations, property, rights, powers, and
1095	1104		duties of the Texas Board of Professional Land Surveying as they
1096	1105		exist immediately before the effective date of this Act. All
1097	1106		unexpended funds appropriated to the Texas Board of Professional
1098	1107		Land Surveying are transferred to the Texas Board of Professional
1099	1108		Engineers and Land Surveyors.
1100	1109		(b) The Texas Board of Professional Engineers and Land
1101	1110		Surveyors and the Texas Board of Professional Land Surveying shall,
1102	1111		in consultation with appropriate state entities, ensure that the
1103	1112		transfer of the obligations, property, rights, powers, and duties
1104	1113		of the Texas Board of Professional Land Surveying to the Texas Board
1105	1114		of Professional Engineers and Land Surveyors is completed not later
1106	1115		than September 1, 2020.
1107	1116		(c) All rules of the Texas Board of Professional Land
1108	1117		Surveying are continued in effect as rules of the Texas Board of
1109	1118		Professional Engineers and Land Surveyors until superseded by a
1110	1119		rule of the Texas Board of Professional Engineers and Land
1111	1120		Surveyors. A certificate, license, registration, or other
1112	1121		authorization issued by the Texas Board of Professional Land
1113	1122		Surveying is continued in effect as provided by the law in effect
1114	1123		immediately before the effective date of this Act. An application
1115	1124		for a certificate, license, registration, or other authorization
1116	1125		pending on the effective date of this Act is continued without
1117	1126		change in status after the effective date of this Act. A complaint,
1118	1127		investigation, contested case, or other proceeding pending on the
1119	1128		effective date of this Act is continued without change in status
1120	1129		after the effective date of this Act.
1121	1130		SECTION 3.02. The change in law made by this Act to Section
1122	1131		1001.101, Occupations Code, does not affect the entitlement of a
1123	1132		member serving on the Texas Board of Professional Engineers
1124	1133		immediately before the effective date of this Act to continue to
1125	1134		serve for the remainder of the member's term. As the terms of board
1126	1135		members expire, the governor shall appoint or reappoint members to
1127	1136		the Texas Board of Professional Engineers and Land Surveyors who
1128	1137		have the qualifications required for members under Sections
1129	1138		1001.101 and 1001.102, Occupations Code, as amended by this Act.
1130	1139		SECTION 3.03. (a) Except as provided by Subsection (b) of
1131	1140		this section, Section 1001.112, Occupations Code, as amended by
1132	1141		this Act, applies to a member of the Texas Board of Professional
1133	1142		Engineers and Land Surveyors appointed before, on, or after the
1134	1143		effective date of this Act.
1135	1144		(b) A member of a board who, before the effective date of
1136	1145		this Act, completed the training program required by Section
1137	1146		1001.112, Occupations Code, as that section existed before the
1138	1147		effective date of this Act, is required to complete additional
1139	1148		training only on the subjects added by this Act to the training
1140	1149		program. A board member described by this subsection may not vote,
1141	1150		deliberate, or be counted as a member in attendance at a meeting of
1142	1151		the board held on or after September 1, 2020, until the member
1143	1152		completes the additional training.
1144	1153		SECTION 3.04. Sections 1001.272 and 1001.277, Occupations
1145	1154		Code, as transferred, redesignated, and amended by this Act, with
1146	1155		respect to an application for a license or registration or renewal
1147	1156		of a license or registration for a registered professional land
1148	1157		surveyor or licensed state land surveyor, apply only to an
1149	1158		application filed with the Texas Board of Professional Engineers
1150	1159		and Land Surveyors on or after September 1, 2020. An application
1151	1160		filed before September 1, 2020, is governed by the law in effect
1152	1161		immediately before the effective date of this Act, and the former
1153	1162		law is continued in effect for that purpose.
1154	1163		SECTION 3.05. Section 1071.254(a), Occupations Code, as
1155	1164		amended by this Act, applies only to an application for
1156	1165		registration as a registered professional land surveyor that is
1157	1166		filed on or after the effective date of this Act. An application
1158	1167		for a registration that was filed before the effective date of this
1159	1168		Act is governed by the law in effect on the date the application was
1160	1169		filed, and the former law is continued in effect for that purpose.
1161		-	SECTION 3.06. To the extent of any conflict, this Act
	1170	+	SECTION 3.06. The Texas Board of Professional Engineers and
	1171	+	Land Surveyors is required to implement a provision of this Act only
	1172	+	if the legislature appropriates money specifically for that
	1173	+	purpose. If the legislature does not appropriate money
	1174	+	specifically for that purpose, the board may, but is not required
	1175	+	to, implement a provision of this Act using other appropriations
	1176	+	available for that purpose.
	1177	+	SECTION 3.07. To the extent of any conflict, this Act
1162	1178		prevails over another Act of the 86th Legislature, Regular Session,
1163	1179		2019, relating to nonsubstantive additions to and corrections in
1164	1180		enacted codes.
1165		-	SECTION 3.07. This Act takes effect September 1, 2019.
1166		-	______________________________ ______________________________
1167		-	President of the Senate Speaker of the House
1168		-	I certify that H.B. No. 1523 was passed by the House on April
1169		-	10, 2019, by the following vote: Yeas 143, Nays 0, 1 present, not
1170		-	voting; that the House refused to concur in Senate amendments to
1171		-	H.B. No. 1523 on May 23, 2019, and requested the appointment of a
1172		-	conference committee to consider the differences between the two
1173		-	houses; and that the House adopted the conference committee report
1174		-	on H.B. No. 1523 on May 26, 2019, by the following vote: Yeas 144,
1175		-	Nays 1, 1 present, not voting.
1176		-	______________________________
1177		-	Chief Clerk of the House
1178		-	I certify that H.B. No. 1523 was passed by the Senate, with
1179		-	amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
1180		-	0; at the request of the House, the Senate appointed a conference
1181		-	committee to consider the differences between the two houses; and
1182		-	that the Senate adopted the conference committee report on H.B. No.
1183		-	1523 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
1184		-	______________________________
1185		-	Secretary of the Senate
1186		-	APPROVED: __________________
1187		-	Date
1188		-	__________________
1189		-	Governor
	1181	+	SECTION 3.08. This Act takes effect September 1, 2019.
	1182	+	* * * * *