Texas 2019 - 86th Regular

Texas Senate Bill SB617 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7857 MP-D
2	2	By: Buckingham, et al. S.B. No. 617
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation of the regulation of land surveyors
8	8	and the transfer of the regulation to the Texas Board of
9	9	Professional Engineers and Land Surveyors, following the
10	10	recommendations of the Sunset Advisory Commission; changing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
13	13	SURVEYORS
14	14	SECTION 1.01. The heading to Chapter 1001, Occupations
15	15	Code, is amended to read as follows:
16	16	CHAPTER 1001. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
17	17	SURVEYORS
18	18	SECTION 1.02. Section 1001.002, Occupations Code, is
19	19	amended by amending Subdivision (1) and adding Subdivision (3) to
20	20	read as follows:
21	21	(1) "Board" means the Texas Board of Professional
22	22	Engineers and Land Surveyors.
23	23	(3) "Land surveyor," "licensed state land surveyor,"
24	24	"professional surveying," "registered professional land surveyor,"
25	25	and "state land surveying" have the meanings assigned by Section
26	26	1071.002.
27	27	SECTION 1.03. Section 1001.004(e), Occupations Code, is
28	28	amended to read as follows:
29	29	(e) This chapter does not:
30	30	(1) prevent a person from identifying the person in
31	31	the name and trade of any engineers' labor organization with which
32	32	the person is affiliated;
33	33	(2) prohibit or otherwise restrict a person from
34	34	giving testimony or preparing an exhibit or document for the sole
35	35	purpose of being placed in evidence before an administrative or
36	36	judicial tribunal, subject to the board's disciplinary powers under
37	37	Subchapter J regarding negligence, incompetency, or misconduct in
38	38	the practice of engineering; or
39	39	(3) [repeal or amend a law affecting or regulating a
40	40	licensed state land surveyor; or
41	41	[(4)] affect or prevent the practice of any other
42	42	legally recognized profession by a member of the profession who is
43	43	licensed by the state or under the state's authority.
44	44	SECTION 1.04. Section 1001.005, Occupations Code, is
45	45	amended to read as follows:
46	46	Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board
47	47	of Professional Engineers and Land Surveyors is subject to Chapter
48	48	325, Government Code (Texas Sunset Act). Unless continued in
49	49	existence as provided by that chapter, the board is abolished and
50	50	this chapter expires September 1, 2025.
51	51	SECTION 1.05. Section 1001.064, Occupations Code, is
52	52	amended to read as follows:
53	53	Sec. 1001.064. STATE LAND SURVEYORS. A licensed state land
54	54	surveyor is exempt from the requirements of this chapter regulating
55	55	the practice of engineering in performing the [a] state land
56	56	surveyor's duties.
57	57	SECTION 1.06. The heading to Subchapter C, Chapter 1001,
58	58	Occupations Code, is amended to read as follows:
59	59	SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
60	60	SURVEYORS
61	61	SECTION 1.07. Section 1001.101(a), Occupations Code, is
62	62	amended to read as follows:
63	63	(a) The Texas Board of Professional Engineers and Land
64	64	Surveyors consists of nine members appointed by the governor with
65	65	the advice and consent of the senate as follows:
66	66	(1) five [six] engineers; [and]
67	67	(2) one land surveyor; and
68	68	(3) three members who represent the public.
69	69	SECTION 1.08. Subchapter C, Chapter 1001, Occupations Code,
70	70	is amended by adding Section 1001.1011 to read as follows:
71	71	Sec. 1001.1011. EX OFFICIO MEMBER. The commissioner of the
72	72	General Land Office or a licensed state land surveyor employee of
73	73	the General Land Office designated by the commissioner as director
74	74	of surveying shall serve as an ex officio, nonvoting member of the
75	75	board.
76	76	SECTION 1.09. Section 1001.102, Occupations Code, is
77	77	amended by amending Subsection (a) and adding Subsection (d) to
78	78	read as follows:
79	79	(a) A person may not be a public member of the board if the
80	80	person or the person's spouse:
81	81	(1) is registered, certified, or licensed by a
82	82	regulatory agency in the field of engineering or land surveying;
83	83	(2) is employed by or participates in the management
84	84	of a business entity or other organization regulated by or
85	85	receiving money from the board;
86	86	(3) owns or controls, directly or indirectly, more
87	87	than a 10 percent interest in a business entity or other
88	88	organization regulated by or receiving money from the board; or
89	89	(4) uses or receives a substantial amount of tangible
90	90	goods, services, or money from the board other than compensation or
91	91	reimbursement authorized by law for board membership, attendance,
92	92	or expenses.
93	93	(d) A land surveyor member of the board:
94	94	(1) must be:
95	95	(A) a licensed state land surveyor actively
96	96	engaged in the practice of state land surveying for not less than
97	97	the five years preceding appointment; or
98	98	(B) a registered professional land surveyor
99	99	actively engaged in the practice of professional surveying in this
100	100	state for not less than the five years preceding appointment; and
101	101	(2) may not be licensed as an engineer.
102	102	SECTION 1.10. Section 1001.103(a-1), Occupations Code, is
103	103	amended to read as follows:
104	104	(a-1) A person may not be a member of the board and may not
105	105	be a board employee employed in a "bona fide executive,
106	106	administrative, or professional capacity," as that phrase is used
107	107	for purposes of establishing an exemption to the overtime
108	108	provisions of the federal Fair Labor Standards Act of 1938 (29
109	109	U.S.C. Section 201 et seq.), and its subsequent amendments, if:
110	110	(1) the person is an officer, employee, or paid
111	111	consultant of a Texas trade association in the field of engineering
112	112	or land surveying; or
113	113	(2) the person's spouse is an officer, manager, or paid
114	114	consultant of a Texas trade association in the field of engineering
115	115	or land surveying.
116	116	SECTION 1.11. Section 1001.105, Occupations Code, is
117	117	amended to read as follows:
118	118	Sec. 1001.105. PARTICIPATION OF PUBLIC MEMBERS. (a) The
119	119	board by majority vote may limit the participation of public
120	120	members in evaluating license, registration, or certification
121	121	applications.
122	122	(b) This section does not apply to the evaluation of
123	123	license, registration, or certification applications at an
124	124	official meeting of the board.
125	125	SECTION 1.12. Section 1001.107, Occupations Code, is
126	126	amended to read as follows:
127	127	Sec. 1001.107. PER DIEM. Each [A] board member, other than
128	128	the commissioner of the General Land Office, is entitled to receive
129	129	a per diem as set by the General Appropriations Act for each day
130	130	that the member engages in the business of the board.
131	131	SECTION 1.13. Section 1001.112(b), Occupations Code, is
132	132	amended to read as follows:
133	133	(b) The training program must provide the person with
134	134	information regarding:
135	135	(1) this chapter and Chapter 1071;
136	136	(2) the programs operated by the board;
137	137	(3) the role and functions of the board;
138	138	(4) the rules of the board, with an emphasis on the
139	139	rules that relate to disciplinary and investigatory authority;
140	140	(5) the current budget for the board;
141	141	(6) the results of the most recent formal audit of the
142	142	board;
143	143	(7) the requirements of:
144	144	(A) the open meetings law, Chapter 551,
145	145	Government Code;
146	146	(B) the public information law, Chapter 552,
147	147	Government Code;
148	148	(C) the administrative procedure law, Chapter
149	149	2001, Government Code; and
150	150	(D) other laws relating to public officials,
151	151	including conflict-of-interest laws; and
152	152	(8) any applicable ethics policies adopted by the
153	153	board or the Texas Ethics Commission.
154	154	SECTION 1.14. Section 1001.201, Occupations Code, is
155	155	amended to read as follows:
156	156	Sec. 1001.201. GENERAL POWERS AND DUTIES. (a) The board
157	157	shall administer and enforce this chapter and Chapter 1071.
158	158	(b) The board may spend money for any purpose the board
159	159	considers reasonably necessary for the proper performance of its
160	160	duties under this chapter and Chapter 1071.
161	161	SECTION 1.15. Section 1001.202, Occupations Code, is
162	162	amended to read as follows:
163	163	Sec. 1001.202. RULES. The board may adopt and enforce any
164	164	rule or bylaw necessary to perform its duties, govern its
165	165	proceedings, and regulate the practice of engineering and land
166	166	surveying.
167	167	SECTION 1.16. Sections 1001.203(b) and (c), Occupations
168	168	Code, are amended to read as follows:
169	169	(b) Except as provided by Subsection (a), the board may not
170	170	adopt rules restricting advertising or competitive bidding by a
171	171	person regulated by the board [license holder] except to prohibit
172	172	false, misleading, or deceptive practices.
173	173	(c) In its rules to prohibit false, misleading, or deceptive
174	174	practices by a person regulated by the board, the board may not
175	175	include a rule that:
176	176	(1) restricts the use of any medium for advertising;
177	177	(2) restricts the use of the person's [a license
178	178	holder's] personal appearance or voice in an advertisement;
179	179	(3) relates to the size or duration of an
180	180	advertisement by the person [license holder]; or
181	181	(4) restricts the person's [license holder's]
182	182	advertisement under a trade name.
183	183	SECTION 1.17. Section 1001.204, Occupations Code, is
184	184	amended to read as follows:
185	185	Sec. 1001.204. FEES. (a) The board shall establish [the
186	186	following] fees in amounts reasonable and necessary to cover the
187	187	costs of administering this chapter and Chapter 1071, including:
188	188	(1) license, registration, and certification fees
189	189	[fee];
190	190	(2) [annual and late] renewal fee [fees];
191	191	(3) reciprocal license fee;
192	192	(4) duplicate license fee;
193	193	(5) [engineer-in-training certificate fee;
194	194	[(6)] roster [of engineers] fee;
195	195	(6) [(7)] examination fee;
196	196	[(8) registration fee for engineering firm;] and
197	197	(7) [(9)] inactive status fee.
198	198	(b) Fee revenue may not exceed the amount reasonable and
199	199	necessary to administer this chapter and Chapter 1071.
200	200	(c) General revenue of the state may not be used to pay the
201	201	costs of administering this chapter and Chapter 1071 in an amount
202	202	that exceeds the amount of fees received under this chapter and
203	203	Chapter 1071.
204	204	SECTION 1.18. Section 1001.205, Occupations Code, is
205	205	amended to read as follows:
206	206	Sec. 1001.205. REDUCED FEES: ELDERLY, DISABLED, INACTIVE
207	207	STATUS. (a) For purposes of this section, a person is disabled if
208	208	the person has a mental or physical impairment that substantially
209	209	limits the ability of the person to earn a living as an engineer or
210	210	land surveyor, other than an impairment caused by a current
211	211	addiction to the use of alcohol or an illegal drug or controlled
212	212	substance.
213	213	(b) The board by rule may adopt reduced license fees and
214	214	[annual] renewal fees for engineers and land surveyors who are:
215	215	(1) at least 65 years of age; or
216	216	(2) disabled and not actively engaged in the practice
217	217	of engineering or land surveying.
218	218	(c) A person entitled to reduced fees under Subsection
219	219	(b)(2) shall notify the board that the person has resumed the active
220	220	practice of engineering or land surveying not later than the 15th
221	221	day after the date the person resumes active practice.
222	222	SECTION 1.19. Section 1001.207, Occupations Code, is
223	223	amended to read as follows:
224	224	Sec. 1001.207. STANDARDS OF CONDUCT AND ETHICS. The board
225	225	may establish standards of conduct and ethics for engineers and
226	226	land surveyors in keeping with the purposes and intent of this
227	227	chapter and Chapter 1071 and to ensure strict compliance with and
228	228	enforcement of this chapter and Chapter 1071.
229	229	SECTION 1.20. The heading to Section 1001.208, Occupations
230	230	Code, is amended to read as follows:
231	231	Sec. 1001.208. ROSTER OF ENGINEERS AND LAND SURVEYORS.
232	232	SECTION 1.21. Section 1001.209, Occupations Code, is
233	233	amended to read as follows:
234	234	Sec. 1001.209. REGISTER OF APPLICANTS. The board shall
235	235	maintain a register of each application for a license or
236	236	registration under this chapter or Chapter 1071 [applications] that
237	237	shows:
238	238	(1) the name, age, and residence of each applicant;
239	239	(2) the date of the application;
240	240	(3) the applicant's place of business;
241	241	(4) the applicant's educational and other
242	242	qualifications;
243	243	(5) whether an examination was required;
244	244	(6) whether the applicant was issued or denied a
245	245	license or registration;
246	246	(7) the date of board action; and
247	247	(8) any other information the board considers
248	248	necessary.
249	249	SECTION 1.22. Section 1001.210, Occupations Code, is
250	250	amended to read as follows:
251	251	Sec. 1001.210. CONTINUING EDUCATION PROGRAMS FOR
252	252	ENGINEERS. (a) The board shall recognize, prepare, or administer
253	253	continuing education programs for engineers [its license holders].
254	254	An engineer [A license holder] must participate in the programs to
255	255	the extent required by the board to keep the engineer's [person's]
256	256	license.
257	257	(b) The board may not require an engineer [a license holder]
258	258	to obtain more than 15 hours of continuing education annually. The
259	259	board shall permit an engineer [a license holder] to certify at the
260	260	time the license is renewed that the engineer [license holder] has
261	261	complied with the board's continuing education requirements.
262	262	(c) The board shall permit an engineer [a license holder] to
263	263	receive continuing education credit for educational, technical,
264	264	ethical, or professional management activities related to the
265	265	practice of engineering, including:
266	266	(1) successfully completing or auditing a course
267	267	sponsored by an institution of higher education;
268	268	(2) successfully completing a course certified by a
269	269	professional or trade organization;
270	270	(3) attending a seminar, tutorial, short course,
271	271	correspondence course, videotaped course, or televised course;
272	272	(4) participating in an in-house course sponsored by a
273	273	corporation or other business entity;
274	274	(5) teaching a course described by Subdivisions
275	275	(1)-(4);
276	276	(6) publishing an article, paper, or book on the
277	277	practice of engineering;
278	278	(7) making or attending a presentation at a meeting of
279	279	a technical or engineering management society or organization or
280	280	writing a paper presented at such a meeting;
281	281	(8) participating in the activities of a professional
282	282	society or association, including serving on a committee of the
283	283	organization; and
284	284	(9) engaging in self-directed study.
285	285	(d) An engineer [A license holder] may not receive more than
286	286	five continuing education credit hours annually for engaging in
287	287	self-directed study.
288	288	SECTION 1.23. Section 1001.212, Occupations Code, is
289	289	amended to read as follows:
290	290	Sec. 1001.212. CONFIDENTIALITY OF CERTAIN INFORMATION
291	291	RELATED TO [LICENSE] APPLICATION. (a) A statement made by a person
292	292	providing a reference for an applicant and other pertinent
293	293	information compiled by or submitted to the board relating to an
294	294	applicant for licensing, registration, or certification [a
295	295	license] under this chapter or Chapter 1071 is privileged and
296	296	confidential.
297	297	(b) Information described by Subsection (a) may be used only
298	298	by the board or its employees or agents who are directly involved in
299	299	the application or licensing, registration, or certification
300	300	process. The information is not subject to discovery, subpoena, or
301	301	other disclosure.
302	302	SECTION 1.24. Section 1001.213(a), Occupations Code, is
303	303	amended to read as follows:
304	304	(a) The board may request and, if necessary, compel by
305	305	subpoena:
306	306	(1) the attendance of a witness for examination under
307	307	oath; and
308	308	(2) the production for inspection or copying of
309	309	records, documents, and other evidence relevant to the
310	310	investigation of an alleged violation of this chapter or Chapter
311	311	1071.
312	312	SECTION 1.25. Subchapter E, Chapter 1001, Occupations Code,
313	313	is amended by adding Section 1001.216 to read as follows:
314	314	Sec. 1001.216. ADVISORY COMMITTEE. The board may appoint
315	315	an advisory committee to provide advice and recommendations to the
316	316	board on any matter relevant to the administration of this chapter
317	317	or Chapter 1071.
318	318	SECTION 1.26. Section 1001.251(a), Occupations Code, is
319	319	amended to read as follows:
320	320	(a) The board shall prepare information of consumer
321	321	interest describing:
322	322	(1) the regulatory functions of the board under this
323	323	chapter and Chapter 1071; and
324	324	(2) the procedures by which consumer complaints are
325	325	filed with and resolved by the board.
326	326	SECTION 1.27. Sections 1001.252(a) and (d), Occupations
327	327	Code, are amended to read as follows:
328	328	(a) The board shall adopt rules that permit the board to
329	329	receive and investigate a confidential complaint against a [license
330	330	holder or other] person who may have violated this chapter or
331	331	Chapter 1071. The board shall maintain the confidentiality of the
332	332	complaint during the investigation.
333	333	(d) The board shall consider any written grievance against a
334	334	[license holder or other] person filed with the board as a
335	335	complaint.
336	336	SECTION 1.28. Chapter 1001, Occupations Code, is amended by
337	337	adding Subchapter F-1 to read as follows:
338	338	SUBCHAPTER F-1. GENERAL LICENSE, REGISTRATION, AND CERTIFICATION
339	339	REQUIREMENT
340	340	Sec. 1001.271. DEFINITION. In this subchapter, "license"
341	341	means a license, certification, registration, or other
342	342	authorization that is issued by the board under this chapter or
343	343	Chapter 1071.
344	344	SECTION 1.29. Section 1001.3035, Occupations Code, is
345	345	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
346	346	added by this Act, and redesignated as Section 1001.272,
347	347	Occupations Code, to read as follows:
348	348	Sec. 1001.272 [1001.3035]. CRIMINAL HISTORY RECORD
349	349	INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) The board shall
350	350	require that an applicant for a license submit a complete and
351	351	legible set of fingerprints, on a form prescribed by the board, to
352	352	the board or to the Department of Public Safety for the purpose of
353	353	obtaining criminal history record information from the Department
354	354	of Public Safety and the Federal Bureau of Investigation.
355	355	(b) The board may not issue a license to a person who does
356	356	not comply with the requirement of Subsection (a).
357	357	(c) The board shall conduct a criminal history check of each
358	358	applicant for a license using information:
359	359	(1) provided by the individual under this section; and
360	360	(2) made available to the board by the Department of
361	361	Public Safety, the Federal Bureau of Investigation, and any other
362	362	criminal justice agency under Chapter 411, Government Code.
363	363	(d) The board may:
364	364	(1) enter into an agreement with the Department of
365	365	Public Safety to administer a criminal history check required under
366	366	this section; and
367	367	(2) authorize the Department of Public Safety to
368	368	collect from each applicant the costs incurred by the Department of
369	369	Public Safety in conducting the criminal history check.
370	370	SECTION 1.30. Subchapter F-1, Chapter 1001, Occupations
371	371	Code, as added by this Act, is amended by adding Section 1001.2721
372	372	to read as follows:
373	373	Sec. 1001.2721. EXAMINATION DEVELOPMENT AND
374	374	ADMINISTRATION. Notwithstanding any other law, the board may
375	375	adopt, recognize, develop, or contract for an examination required
376	376	by this chapter or Chapter 1071, including the administration of
377	377	the examination.
378	378	SECTION 1.31. Section 1001.306, Occupations Code, is
379	379	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
380	380	added by this Act, redesignated as Section 1001.273, Occupations
381	381	Code, and amended to read as follows:
382	382	Sec. 1001.273 [1001.306]. EXAMINATION RESULTS. (a) Not
383	383	later than the 30th day after the date a person takes an [a
384	384	licensing] examination under this chapter or Chapter 1071, the
385	385	board shall notify the person of the results of the examination.
386	386	(a-1) If the examination is graded or reviewed by a testing
387	387	service:
388	388	(1) the board shall notify the person of the results of
389	389	the examination not later than the 14th day after the date the board
390	390	receives the results from the testing service; and
391	391	(2) if notice of the examination results will be
392	392	delayed for longer than 90 days after the examination date, the
393	393	board shall notify the person of the reason for the delay before the
394	394	90th day.
395	395	(b) The board may require a testing service to notify a
396	396	person of the results of the person's examination.
397	397	(c) If requested in writing by a person who fails an [a
398	398	licensing] examination administered under this chapter or Chapter
399	399	1071, the board shall furnish the person with an analysis of the
400	400	person's performance on the examination.
401	401	(d) Examination results reported under this section must
402	402	include a numerical score and an indication of whether the person
403	403	passed or failed the examination.
404	404	SECTION 1.32. Sections 1001.307 and 1001.352, Occupations
405	405	Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
406	406	Code, as added by this Act, and redesignated as Sections 1001.274
407	407	and 1001.275, Occupations Code, respectively, to read as follows:
408	408	Sec. 1001.274 [1001.307]. REEXAMINATION. The board may
409	409	permit reexamination of an applicant on payment of an appropriate
410	410	reexamination fee in an amount set by the board.
411	411	Sec. 1001.275 [1001.352]. NOTICE OF LICENSE EXPIRATION.
412	412	Not later than the 30th day before the date a person's license is
413	413	scheduled to expire, the board shall send written notice of the
414	414	impending expiration to the person at the person's last known
415	415	address according to the records of the board.
416	416	SECTION 1.33. Sections 1001.353 and 1001.3535, Occupations
417	417	Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
418	418	Code, as added by this Act, redesignated as Sections 1001.276 and
419	419	1001.277, Occupations Code, respectively, and amended to read as
420	420	follows:
421	421	Sec. 1001.276 [1001.353]. PROCEDURE FOR RENEWAL. (a) A
422	422	person who is otherwise eligible to renew a license may renew an
423	423	unexpired license by paying the required [annual] renewal fee to
424	424	the board before the expiration date of the license. A person whose
425	425	license has expired may not engage in activities that require a
426	426	license until the license has been renewed.
427	427	(b) A person whose license has been expired for 90 days or
428	428	less may renew the license by paying to the board the required
429	429	[annual] renewal fee and a late renewal fee.
430	430	(c) A person whose license has been expired for more than 90
431	431	days but less than two years may renew the license by paying to the
432	432	board the required [annual] renewal fee and a late renewal fee for
433	433	each delinquent year or part of a year.
434	434	(d) A person whose license has been expired for two years or
435	435	more may not renew the license. The person may obtain a new license
436	436	by complying with the requirements and procedures, including the
437	437	examination requirements, for obtaining an original license.
438	438	Sec. 1001.277 [1001.3535]. CRIMINAL HISTORY RECORD
439	439	INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant
440	440	renewing a license [issued under this chapter] shall submit a
441	441	complete and legible set of fingerprints for purposes of performing
442	442	a criminal history check of the applicant as provided by Section
443	443	1001.272 [1001.3035].
444	444	(b) The board may not renew the license of a person who does
445	445	not comply with the requirement of Subsection (a).
446	446	(c) A license holder is not required to submit fingerprints
447	447	under this section for the renewal of the license if the license
448	448	holder has previously submitted fingerprints under:
449	449	(1) Section 1001.272 [1001.3035] for the initial
450	450	issuance of the license; or
451	451	(2) this section as part of a prior license renewal.
452	452	SECTION 1.34. Section 1001.354, Occupations Code, is
453	453	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
454	454	added by this Act, and redesignated as Section 1001.278,
455	455	Occupations Code, to read as follows:
456	456	Sec. 1001.278 [1001.354]. RENEWAL OF EXPIRED LICENSE BY
457	457	OUT-OF-STATE PRACTITIONER. (a) A person who was licensed in this
458	458	state, moved to another state, and is currently licensed and has
459	459	been in practice in the other state for the two years preceding the
460	460	date of application may obtain a new license without reexamination.
461	461	(b) The person must pay to the board a fee that is equal to
462	462	two times the normally required renewal fee for the license.
463	463	SECTION 1.35. Section 1001.355, Occupations Code, is
464	464	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
465	465	added by this Act, redesignated as Section 1001.279, Occupations
466	466	Code, and amended to read as follows:
467	467	Sec. 1001.279 [1001.355]. INACTIVE STATUS. (a) An
468	468	engineer or land surveyor may request inactive status at any time.
469	469	An engineer or land surveyor [A license holder] on inactive status
470	470	may not practice engineering or land surveying, as applicable.
471	471	(b) An engineer or land surveyor [A license holder] on
472	472	inactive status must pay a [an annual] fee in an amount and at times
473	473	prescribed [set] by the board.
474	474	(c) An engineer or land surveyor [A license holder] on
475	475	inactive status is not required to:
476	476	(1) comply with the continuing education requirements
477	477	adopted by the board under Section 1001.210 or 1071.305, as
478	478	applicable; or
479	479	(2) take an examination for reinstatement to active
480	480	status.
481	481	(d) To return to active status, an engineer or land surveyor
482	482	[a license holder] on inactive status must:
483	483	(1) file with the board a written notice requesting
484	484	reinstatement to active status;
485	485	(2) pay the fee for the [annual] renewal of the
486	486	license; and
487	487	(3) provide evidence satisfactory to the board that
488	488	the person has complied with the continuing education requirements
489	489	adopted by the board under Section 1001.210 or 1071.305, as
490	490	applicable.
491	491	SECTION 1.36. The heading to Subchapter G, Chapter 1001,
492	492	Occupations Code, is amended to read as follows:
493	493	SUBCHAPTER G. ENGINEERING LICENSE REQUIREMENTS
494	494	SECTION 1.37. Section 1001.305, Occupations Code, is
495	495	amended to read as follows:
496	496	Sec. 1001.305. WAIVER OF EXAMINATION REQUIREMENT. The
497	497	board by rule may waive all or part of the examination requirement
498	498	for an applicant for the issuance or reissuance of a license under
499	499	this chapter. The board may not waive the requirement unless the
500	500	board first determines that:
501	501	(1) the applicant possesses sufficient qualifications
502	502	to justify the waiver; and
503	503	(2) issuing or reissuing the license to the applicant
504	504	does not pose a threat to the public health, safety, or welfare.
505	505	SECTION 1.38. Section 1001.311, Occupations Code, is
506	506	amended to read as follows:
507	507	Sec. 1001.311. APPLICATION BY NONRESIDENT. (a) A person
508	508	who holds a license or certificate of registration issued by
509	509	another state or a foreign country may apply under this chapter for
510	510	a license in this state.
511	511	(b) The board may waive any prerequisite to obtaining a
512	512	license under this chapter for an applicant after reviewing the
513	513	applicant's credentials and determining that the applicant holds a
514	514	license issued by another jurisdiction that has licensing
515	515	requirements substantially equivalent to those of this state.
516	516	SECTION 1.39. Section 1001.312, Occupations Code, is
517	517	amended to read as follows:
518	518	Sec. 1001.312. REPLACEMENT LICENSE. The board, subject to
519	519	board rules, may issue a new license to replace a license issued
520	520	under this chapter that is lost, destroyed, or mutilated.
521	521	SECTION 1.40. The heading to Subchapter H, Chapter 1001,
522	522	Occupations Code, is amended to read as follows:
523	523	SUBCHAPTER H. ENGINEERING LICENSE RENEWAL
524	524	SECTION 1.41. Section 1001.452, Occupations Code, is
525	525	amended to read as follows:
526	526	Sec. 1001.452. GROUNDS FOR DISCIPLINARY ACTION. A person
527	527	is subject to disciplinary action under Section 1001.451 for:
528	528	(1) a violation of this chapter or a board rule adopted
529	529	under this chapter;
530	530	(2) fraud or deceit in obtaining a license;
531	531	(3) a documented instance of retaliation by an
532	532	applicant against an individual who has served as a reference for
533	533	that applicant;
534	534	(4) gross negligence, incompetency, or misconduct in
535	535	the practice of engineering; or
536	536	(5) a failure to timely provide plans or
537	537	specifications to the Texas Department of Licensing and Regulation
538	538	as required by Chapter 469, Government Code [Article 9102, Revised
539	539	Statutes].
540	540	SECTION 1.42. Section 1001.501, Occupations Code, is
541	541	amended to read as follows:
542	542	Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The
543	543	board may impose an administrative penalty on a person who violates
544	544	this chapter or Chapter 1071 or a rule adopted or order issued under
545	545	this chapter or Chapter 1071.
546	546	SECTION 1.43. Section 1001.502, Occupations Code, is
547	547	amended by amending Subsection (a) and adding Subsection (a-1) to
548	548	read as follows:
549	549	(a) The amount of an administrative penalty may not exceed:
550	550	(1) $5,000 for each violation of this chapter or a rule
551	551	adopted or order issued under this chapter; and
552	552	(2) $1,500 for each violation of Chapter 1071 or a rule
553	553	adopted or order issued under Chapter 1071.
554	554	(a-1) Each day a violation continues or occurs is a separate
555	555	violation for purposes of imposing a penalty.
556	556	SECTION 1.44. Sections 1001.551(a) and (d), Occupations
557	557	Code, are amended to read as follows:
558	558	(a) In addition to any other action authorized by law, the
559	559	board may bring an action in the board's name to enjoin a person
560	560	from violating this chapter or Chapter 1071 or a board rule adopted
561	561	under this chapter or Chapter 1071.
562	562	(d) In an action for an injunction under this section, the
563	563	defendant may assert and prove as a complete defense to the action
564	564	that the board deprived the defendant of a license, certificate, or
565	565	registration by a board action or proceeding that was:
566	566	(1) arbitrary or capricious;
567	567	(2) contrary to law; or
568	568	(3) conducted without due process of law.
569	569	SECTION 1.45. Section 1001.5511, Occupations Code, is
570	570	amended to read as follows:
571	571	Sec. 1001.5511. CEASE AND DESIST ORDER. If it appears to
572	572	the board that a person who is not licensed, certified, or
573	573	registered under this chapter or Chapter 1071 is violating this
574	574	chapter or Chapter 1071, a rule adopted under this chapter or
575	575	Chapter 1071, or another state statute or rule relating to the
576	576	practice of engineering or land surveying, the board, after notice
577	577	and opportunity for a hearing, may issue a cease and desist order
578	578	prohibiting the person from engaging in the activity.
579	579	SECTION 1.46. Section 1001.552(a), Occupations Code, is
580	580	amended to read as follows:
581	581	(a) A person commits an offense if the person:
582	582	(1) engages in the practice of engineering without
583	583	being licensed or exempted from the licensing requirement under
584	584	this chapter;
585	585	(2) violates this chapter with respect to the
586	586	regulation of engineering;
587	587	(3) presents or attempts to use as the person's own the
588	588	engineering license or seal of another; or
589	589	(4) gives false evidence of any kind to the board or a
590	590	board member in obtaining an engineering [a] license.
591	591	SECTION 1.47. Section 1001.553, Occupations Code, is
592	592	amended to read as follows:
593	593	Sec. 1001.553. REPORT OF VIOLATION. A public official
594	594	shall report a violation of this chapter or Chapter 1071 to the
595	595	proper authorities.
596	596	SECTION 1.48. Section 1001.554, Occupations Code, is
597	597	amended to read as follows:
598	598	Sec. 1001.554. PRESENTATION OF COMPLAINTS BY BOARD;
599	599	ASSISTANCE AT TRIAL. (a) A member of the board may present to a
600	600	prosecuting officer a complaint relating to a violation of this
601	601	chapter or Chapter 1071.
602	602	(b) The board through its members, officers, counsel, and
603	603	agents and subject to the control of the prosecuting officer may
604	604	assist in the trial of a case involving an alleged violation of this
605	605	chapter or Chapter 1071.
606	606	SECTION 1.49. Section 1001.555(a), Occupations Code, is
607	607	amended to read as follows:
608	608	(a) The attorney general shall:
609	609	(1) act as legal advisor of the board;
610	610	(2) provide legal assistance to the board as necessary
611	611	to enforce this chapter or Chapter 1071 and make those laws [it]
612	612	effective; and
613	613	(3) represent the board in an action brought to
614	614	enforce this chapter or Chapter 1071.
615	615	SECTION 1.50. Section 1001.556, Occupations Code, is
616	616	amended to read as follows:
617	617	Sec. 1001.556. APPEAL BOND. The board is not required to
618	618	give an appeal bond in a cause arising under this chapter or Chapter
619	619	1071.
620	620	SECTION 1.51. Section 1071.002(1), Occupations Code, is
621	621	amended to read as follows:
622	622	(1) "Board" means the Texas Board of Professional
623	623	Engineers and Land Surveyors [Surveying].
624	624	SECTION 1.52. The heading to Section 1071.301, Occupations
625	625	Code, is amended to read as follows:
626	626	Sec. 1071.301. LICENSE TERM AND [ANNUAL] RENEWAL
627	627	[REQUIRED].
628	628	SECTION 1.53. Section 1071.301, Occupations Code, is
629	629	amended by amending Subsection (a) and adding Subsections (a-1) and
630	630	(a-2) to read as follows:
631	631	(a) The board by rule shall provide:
632	632	(1) that each certificate of registration or license
633	633	under this chapter is valid for a term of one year or two years; and
634	634	(2) for the renewal of the certificate or license.
635	635	(a-1) The board by rule may adopt a system under which
636	636	certificates of registration and licenses expire on various dates
637	637	during the year.
638	638	(a-2) For the year in which the certificate or license
639	639	expiration date is changed, the board shall prorate certificate and
640	640	license fees on a monthly basis so that each certificate or license
641	641	holder pays only that portion of the certificate or license fee that
642	642	is allocable to the number of months during which the certificate or
643	643	license is valid. On renewal of the certificate or license on the
644	644	new expiration date, the total certificate or license renewal fee
645	645	is payable.
646	646	SECTION 1.54. Section 1071.352(a-2), Occupations Code, is
647	647	amended to read as follows:
648	648	(a-2) The board may refuse to issue or renew and may suspend
649	649	or revoke the registration of a business entity and may impose an
650	650	administrative penalty under Subchapter K, Chapter 1001, against
651	651	the owner of a business entity for a violation of this chapter by an
652	652	employee, agent, or other representative of the entity, including a
653	653	registered professional land surveyor employed by the entity.
654	654	SECTION 1.55. Section 1071.401(a), Occupations Code, is
655	655	amended to read as follows:
656	656	(a) The board shall revoke, suspend, or refuse to renew a
657	657	certificate of registration or license, place on probation a person
658	658	whose certificate or license has been suspended, or reprimand a
659	659	registration holder or license holder for:
660	660	(1) fraud or deceit in obtaining a certificate or
661	661	license under this chapter;
662	662	(2) gross negligence, incompetence, or misconduct in
663	663	the practice of surveying as a land surveyor; or
664	664	(3) a violation of this chapter or a board rule adopted
665	665	under this chapter.
666	666	SECTION 1.56. Sections 1071.4035(a) and (b), Occupations
667	667	Code, are amended to read as follows:
668	668	(a) The board by rule shall establish guidelines for an
669	669	informal settlement conference related to a complaint filed with
670	670	the board regarding conduct regulated under this chapter.
671	671	(b) Subject to Subsection (c), the board may order a person
672	672	licensed or registered under this chapter to pay restitution to a
673	673	consumer as provided in an agreement resulting from an informal
674	674	settlement conference instead of or in addition to assessing an
675	675	administrative penalty under Subchapter K, Chapter 1001 [this
676	676	chapter].
677	677	SECTION 1.57. The following provisions of the Occupations
678	678	Code are repealed:
679	679	(1) Section 1071.003;
680	680	(2) Subchapter B, Chapter 1071;
681	681	(3) Subchapter C, Chapter 1071;
682	682	(4) Subchapter D, Chapter 1071;
683	683	(5) Subchapter E, Chapter 1071;
684	684	(6) Section 1071.255(c);
685	685	(7) Section 1071.257;
686	686	(8) Section 1071.258;
687	687	(9) Section 1071.263;
688	688	(10) Section 1071.302;
689	689	(11) Section 1071.303;
690	690	(12) Sections 1071.402(b), (c), (d), (e), (f), and
691	691	(g);
692	692	(13) Subchapter J, Chapter 1071;
693	693	(14) Section 1071.501;
694	694	(15) Section 1071.502; and
695	695	(16) Subchapter L, Chapter 1071.
696	696	ARTICLE 2. CONFORMING AMENDMENTS
697	697	SECTION 2.01. Section 150.003(a), Civil Practice and
698	698	Remedies Code, is amended to read as follows:
699	699	(a) This section applies only to a licensed or registered
700	700	professional who provides architectural or engineering services if
701	701	the services:
702	702	(1) are authorized, as appropriate for the
703	703	professional, in:
704	704	(A) Chapter 1001, Occupations Code;
705	705	(B) Chapter 1051, Occupations Code;
706	706	(C) 22 T.A.C. Part 6 (Texas Board of
707	707	Professional Engineers and Land Surveyors), Chapter 137
708	708	(Compliance and Professionalism); and
709	709	(D) 22 T.A.C. Part 1 (Texas Board of
710	710	Architectural Examiners), Chapter 1 (Architects), Subchapter H
711	711	(Professional Conduct);
712	712	(2) subject to Subsection (d), are provided
713	713	voluntarily and without compensation or the expectation of
714	714	compensation;
715	715	(3) are in response to and provided during the
716	716	duration of a proclaimed state of emergency under Section 433.001,
717	717	Government Code, or a declared state of disaster under Section
718	718	418.014, Government Code;
719	719	(4) are provided at the request or with the approval of
720	720	a federal, state, or local public official acting in an official
721	721	capacity in response to the proclaimed state of emergency or
722	722	declared disaster, including a law enforcement official, public
723	723	safety official, or building inspection official; and
724	724	(5) are related to a structure, building, roadway,
725	725	piping, or other system, either publicly or privately owned.
726	726	SECTION 2.02. Section 411.122(d), Government Code, is
727	727	amended to read as follows:
728	728	(d) The following state agencies are subject to this
729	729	section:
730	730	(1) Texas Appraiser Licensing and Certification
731	731	Board;
732	732	(2) Texas Board of Architectural Examiners;
733	733	(3) Texas Board of Chiropractic Examiners;
734	734	(4) State Board of Dental Examiners;
735	735	(5) Texas Board of Professional Engineers and Land
736	736	Surveyors;
737	737	(6) Texas Funeral Service Commission;
738	738	(7) Texas Board of Professional Geoscientists;
739	739	(8) [Department of State] Health and Human Services
740	740	Commission, except as provided by Section 411.110, and agencies
741	741	attached to the commission [department], including:
742	742	(A) Texas State Board of Examiners of Marriage
743	743	and Family Therapists;
744	744	(B) Texas State Board of Examiners of
745	745	Professional Counselors; and
746	746	(C) Texas State Board of Social Worker Examiners;
747	747	(9) [Texas Board of Professional Land Surveying;
748	748	[(10)] Texas Department of Licensing and Regulation,
749	749	except as provided by Section 411.093;
750	750	(10) [(11)] Texas Commission on Environmental
751	751	Quality;
752	752	(11) [(12)] Texas Board of Occupational Therapy
753	753	Examiners;
754	754	(12) [(13)] Texas Optometry Board;
755	755	(13) [(14)] Texas State Board of Pharmacy;
756	756	(14) [(15)] Texas Board of Physical Therapy
757	757	Examiners;
758	758	(15) [(16)] Texas State Board of Plumbing Examiners;
759	759	(16) [(17) Texas State Board of Podiatric Medical
760	760	Examiners;
761	761	[(18)] Texas State Board of Examiners of
762	762	Psychologists;
763	763	(17) [(19)] Texas Real Estate Commission;
764	764	(18) [(20)] Texas Department of Transportation;
765	765	(19) [(21)] State Board of Veterinary Medical
766	766	Examiners;
767	767	(20) [(22)] Texas Department of Housing and Community
768	768	Affairs;
769	769	(21) [(23)] secretary of state;
770	770	(22) [(24)] state fire marshal;
771	771	(23) [(25)] Texas Education Agency;
772	772	(24) [(26)] Department of Agriculture; and
773	773	(25) [(27)] Texas Department of Motor Vehicles.
774	774	SECTION 2.03. Section 469.104, Government Code, is amended
775	775	to read as follows:
776	776	Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
777	777	The commission shall report to the Texas Board of Architectural
778	778	Examiners, the Texas Board of Professional Engineers and Land
779	779	Surveyors, or another appropriate licensing authority the failure
780	780	of any architect, interior designer, landscape architect, or
781	781	engineer to submit or resubmit in a timely manner plans and
782	782	specifications to the department as required by this subchapter.
783	783	SECTION 2.04. Section 472.001, Government Code, is amended
784	784	to read as follows:
785	785	Sec. 472.001. APPLICABILITY OF CHAPTER. This chapter
786	786	applies to:
787	787	(1) the Texas State Board of Public Accountancy;
788	788	(2) the Texas Board of Professional Engineers and Land
789	789	Surveyors; and
790	790	(3) the Texas Board of Architectural Examiners.
791	791	SECTION 2.05. Section 472.102(c), Government Code, is
792	792	amended to read as follows:
793	793	(c) The Texas State Board of Public Accountancy shall
794	794	annually remit $703,344 to the general revenue fund, the Texas
795	795	Board of Professional Engineers and Land Surveyors shall annually
796	796	remit $373,900 to the general revenue fund, and the Texas Board of
797	797	Architectural Examiners shall annually remit $510,000 to the
798	798	general revenue fund.
799	799	SECTION 2.06. Section 2054.352(a), Government Code, is
800	800	amended to read as follows:
801	801	(a) The following licensing entities shall participate in
802	802	the system established under Section 2054.353:
803	803	(1) Texas Board of Chiropractic Examiners;
804	804	(2) Judicial Branch Certification Commission;
805	805	(3) State Board of Dental Examiners;
806	806	(4) Texas Funeral Service Commission;
807	807	(5) [Texas Board of Professional Land Surveying;
808	808	[(6)] Texas Medical Board;
809	809	(6) [(7)] Texas Board of Nursing;
810	810	(7) [(8)] Texas Optometry Board;
811	811	(8) [(9)] Department of Agriculture, for licenses
812	812	issued under Chapter 1951, Occupations Code;
813	813	(9) [(10)] Texas State Board of Pharmacy;
814	814	(10) [(11)] Executive Council of Physical Therapy and
815	815	Occupational Therapy Examiners;
816	816	(11) [(12)] Texas State Board of Plumbing Examiners;
817	817	(12) [(13) Texas State Board of Podiatric Medical
818	818	Examiners;
819	819	[(14)] Texas State Board of Examiners of
820	820	Psychologists;
821	821	(13) [(15)] State Board of Veterinary Medical
822	822	Examiners;
823	823	(14) [(16)] Texas Real Estate Commission;
824	824	(15) [(17)] Texas Appraiser Licensing and
825	825	Certification Board;
826	826	(16) [(18)] Texas Department of Licensing and
827	827	Regulation;
828	828	(17) [(19)] Texas State Board of Public Accountancy;
829	829	(18) [(20)] State Board for Educator Certification;
830	830	(19) [(21)] Texas Board of Professional Engineers and
831	831	Land Surveyors;
832	832	(20) [(22) Department of State] Health and Human
833	833	Services Commission;
834	834	(21) [(23)] Texas Board of Architectural Examiners;
835	835	(22) [(24)] Texas Racing Commission;
836	836	(23) [(25)] Texas Commission on Law Enforcement; and
837	837	(24) [(26)] Texas Private Security Board.
838	838	SECTION 2.07. Section 2166.202(b), Government Code, is
839	839	amended to read as follows:
840	840	(b) The commission, in consultation with the Texas Board of
841	841	Architectural Examiners and the Texas Board of Professional
842	842	Engineers and Land Surveyors, shall adopt by rule criteria to
843	843	evaluate the competence and qualifications of a prospective private
844	844	design professional.
845	845	SECTION 2.08. Section 361.901(6), Health and Safety Code,
846	846	is amended to read as follows:
847	847	(6) "Licensed professional engineer" means a person
848	848	licensed as an engineer by the Texas Board of Professional
849	849	Engineers and Land Surveyors.
850	850	SECTION 2.09. Section 366.071(c), Health and Safety Code,
851	851	is amended to read as follows:
852	852	(c) A person who conducts preconstruction site evaluations,
853	853	including visiting a site and performing a soil analysis, a site
854	854	survey, or other activities necessary to determine the suitability
855	855	of a site for an on-site sewage disposal system must hold a license
856	856	issued by the commission under Chapter 37, Water Code, unless the
857	857	person is licensed by the Texas Board of Professional Engineers and
858	858	Land Surveyors as an engineer.
859	859	SECTION 2.10. Sections 2210.2515(c) and (d), Insurance
860	860	Code, are amended to read as follows:
861	861	(c) A person may apply to the association on a form
862	862	prescribed by the department for a certificate of compliance for a
863	863	completed improvement. The association shall issue a certificate
864	864	of compliance for a completed improvement if a professional
865	865	engineer licensed by the Texas Board of Professional Engineers and
866	866	Land Surveyors:
867	867	(1) has designed the improvement, has affixed the
868	868	engineer's seal on the design, and submits to the association on a
869	869	form prescribed by the department an affirmation of compliance with
870	870	the applicable building code under the plan of operation; or
871	871	(2) completes a sealed post-construction evaluation
872	872	report that confirms compliance with the applicable building code
873	873	under the plan of operation.
874	874	(d) A person may apply to the department on a form
875	875	prescribed by the department for a certificate of compliance for an
876	876	ongoing improvement. Except as provided by Subsection (e), the
877	877	department shall issue a certificate of compliance for an ongoing
878	878	improvement if a qualified inspector under Section 2210.254
879	879	inspects the ongoing improvement in accordance with commissioner
880	880	rule and affirms that the improvement:
881	881	(1) conforms to a design of the improvement that has a
882	882	seal affixed by a professional engineer licensed by the Texas Board
883	883	of Professional Engineers and Land Surveyors and complies with the
884	884	applicable building code under the plan of operation; or
885	885	(2) complies with the applicable building code under
886	886	the plan of operation.
887	887	SECTION 2.11. Section 89.023(a), Natural Resources Code, is
888	888	amended to read as follows:
889	889	(a) The commission may grant an extension of the deadline
890	890	for plugging an inactive well if the operator maintains a current
891	891	organization report with the commission as required by Section
892	892	91.142 and if, on or before the date of renewal of the operator's
893	893	organization report as required by that section, the operator files
894	894	with the commission an application for an extension that includes:
895	895	(1) an affirmation that complies with Section 89.029;
896	896	(2) a statement that the operator has, and on request
897	897	will provide, evidence of a good faith claim to a continuing right
898	898	to operate the well; and
899	899	(3) at least one of the following:
900	900	(A) documentation that since the preceding date
901	901	that the operator's organization report was required to be renewed
902	902	the operator has plugged, or restored to active operation as
903	903	defined by commission rule, a number of inactive wells equal to or
904	904	greater than 10 percent of the number of inactive wells operated by
905	905	the operator on that date;
906	906	(B) an abeyance of plugging report on a form
907	907	approved by the commission that:
908	908	(i) is in the form of a certification signed
909	909	by a person licensed by the Texas Board of Professional Engineers
910	910	and Land Surveyors as an engineer or by the Texas Board of
911	911	Professional Geoscientists;
912	912	(ii) includes:
913	913	(a) an affirmation by the licensed
914	914	person that the well has:
915	915	(1) a reasonable expectation of
916	916	economic value in excess of the cost of plugging the well for the
917	917	duration of the period covered by the report, based on the cost
918	918	calculation for plugging an inactive well; and
919	919	(2) a reasonable expectation of
920	920	being restored to a beneficial use that will prevent waste of oil or
921	921	gas resources that otherwise would not be produced if the well were
922	922	plugged; and
923	923	(b) appropriate documentation
924	924	demonstrating the basis for the affirmation of the well's future
925	925	utility; and
926	926	(iii) specifies the field and the covered
927	927	wells within that field in a format prescribed by the commission;
928	928	(C) a statement that the well is part of an
929	929	enhanced oil recovery project;
930	930	(D) if the operator of the well is not currently
931	931	otherwise required by commission rule or order to conduct a fluid
932	932	level or hydraulic pressure test of the well, documentation of the
933	933	results of a successful fluid level or hydraulic pressure test of
934	934	the well conducted in accordance with the commission's rules in
935	935	effect at the time the test is conducted;
936	936	(E) a supplemental bond, letter of credit, or
937	937	cash deposit sufficient for each well specified in the application
938	938	that:
939	939	(i) complies with the requirements of
940	940	Chapter 91; and
941	941	(ii) is of an amount at least equal to the
942	942	cost calculation for plugging an inactive well for each well
943	943	specified in the application;
944	944	(F) documentation of the deposit with the
945	945	commission each time the operator files an application of an amount
946	946	of escrow funds as prescribed by commission rule that equal at least
947	947	10 percent of the total cost calculation for plugging an inactive
948	948	well for each well specified in the application; or
949	949	(G) if the operator is a publicly traded entity:
950	950	(i) the following documents:
951	951	(a) a copy of the operator's federal
952	952	documents filed to comply with Financial Accounting Standards Board
953	953	Statement No. 143, Accounting for Asset Retirement Obligations;
954	954	and
955	955	(b) an original, executed Uniform
956	956	Commercial Code Form 1 Financing Statement, filed with the
957	957	secretary of state, that:
958	958	(1) names the operator as the
959	959	"debtor" and the Railroad Commission of Texas as the "secured
960	960	creditor"; and
961	961	(2) specifies the funds covered
962	962	by the documents described by Sub-subparagraph (a) in the amount of
963	963	the cost calculation for plugging an inactive well for each well
964	964	specified in the application; or
965	965	(ii) a blanket bond in the amount of the
966	966	lesser of:
967	967	(a) the cost calculation for plugging
968	968	any inactive wells; or
969	969	(b) $2 million.
970	970	SECTION 2.12. Section 1002.004(j), Occupations Code, is
971	971	amended to read as follows:
972	972	(j) The board and the Texas Board of Professional Engineers
973	973	and Land Surveyors by rule, memorandum of understanding, or other
974	974	appropriate procedure or document shall jointly resolve any
975	975	conflict between this chapter or a rule adopted under this chapter
976	976	and Chapter 1001 or a rule adopted under that chapter.
977	977	SECTION 2.13. Sections 1051.607(b), (g), and (h),
978	978	Occupations Code, are amended to read as follows:
979	979	(b) An engineer may not engage or offer to engage in the
980	980	practice of architecture unless:
981	981	(1) the engineer is listed under Subsection (a); and
982	982	(2) the engineer is in good standing with the Texas
983	983	Board of Professional Engineers and Land Surveyors.
984	984	(g) The board and the Texas Board of Professional Engineers
985	985	and Land Surveyors shall pay equally the costs of a contested case.
986	986	(h) The Texas Board of Professional Engineers and Land
987	987	Surveyors has exclusive regulatory oversight over an engineer
988	988	listed under Subsection (a).
989	989	SECTION 2.14. Section 223.151, Transportation Code, is
990	990	amended to read as follows:
991	991	Sec. 223.151. APPLICABILITY. This subchapter:
992	992	(1) applies to services of a technical expert,
993	993	including an archeologist, biologist, geologist, or historian, to
994	994	conduct an environmental or cultural assessment required by state
995	995	or federal law for a transportation project under the authority or
996	996	jurisdiction of the department; and
997	997	(2) does not apply to services defined as engineering
998	998	by the Texas Board of Professional Engineers and Land Surveyors
999	999	under Chapter 1001, Occupations Code.
1000	1000	SECTION 2.15. Section 26.3573(u), Water Code, is amended to
1001	1001	read as follows:
1002	1002	(u) The petroleum storage tank remediation account may not
1003	1003	be used to pay for a site remediation that involves the installation
1004	1004	or construction of on-site equipment, structures, or systems used
1005	1005	in the extraction or management of wastes, except for soil
1006	1006	excavation and landfill disposal or well sampling and monitoring,
1007	1007	unless:
1008	1008	(1) the plans and specifications for the equipment,
1009	1009	structures, or systems are sealed by an engineer licensed by the
1010	1010	Texas Board of Professional Engineers and Land Surveyors; and
1011	1011	(2) the equipment, structures, or systems are
1012	1012	constructed under the supervision of an engineer licensed by the
1013	1013	Texas Board of Professional Engineers and Land Surveyors.
1014	1014	SECTION 2.16. Sections 26.364(b), (c), and (e), Water Code,
1015	1015	are amended to read as follows:
1016	1016	(b) The commission, on the request of an engineer licensed
1017	1017	by the Texas Board of Professional Engineers and Land Surveyors,
1018	1018	shall register the engineer in the program.
1019	1019	(c) An engineer registered in the program may contract to
1020	1020	perform corrective action under this subchapter unless the Texas
1021	1021	Board of Professional Engineers and Land Surveyors determines the
1022	1022	engineer is not qualified to perform a corrective action.
1023	1023	(e) The commission may not adopt minimum qualifications for
1024	1024	an engineer licensed by the Texas Board of Professional Engineers
1025	1025	and Land Surveyors to contract with an eligible owner or operator to
1026	1026	perform a corrective action under this subchapter.
1027	1027	SECTION 2.17. Sections 26.366(b), (c), and (e), Water Code,
1028	1028	are amended to read as follows:
1029	1029	(b) The commission, on the request of an engineer licensed
1030	1030	by the Texas Board of Professional Engineers and Land Surveyors,
1031	1031	shall license the engineer in the program.
1032	1032	(c) An engineer licensed in the program may supervise a
1033	1033	corrective action under this subchapter unless the Texas Board of
1034	1034	Professional Engineers and Land Surveyors determines the engineer
1035	1035	is not qualified to supervise a corrective action.
1036	1036	(e) The commission may not adopt minimum qualifications for
1037	1037	an engineer licensed by the Texas Board of Professional Engineers
1038	1038	and Land Surveyors to supervise a corrective action under this
1039	1039	subchapter.
1040	1040	ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
1041	1041	SECTION 3.01. (a) The Texas Board of Professional Land
1042	1042	Surveying is abolished but continues in existence until September
1043	1043	1, 2020, for the sole purpose of transferring obligations,
1044	1044	property, rights, powers, and duties to the Texas Board of
1045	1045	Professional Engineers and Land Surveyors as created by this Act.
1046	1046	The Texas Board of Professional Engineers and Land Surveyors
1047	1047	assumes all of the obligations, property, rights, powers, and
1048	1048	duties of the Texas Board of Professional Land Surveying as they
1049	1049	exist immediately before the effective date of this Act. All
1050	1050	unexpended funds appropriated to the Texas Board of Professional
1051	1051	Land Surveying are transferred to the Texas Board of Professional
1052	1052	Engineers and Land Surveyors.
1053	1053	(b) The Texas Board of Professional Engineers and Land
1054	1054	Surveyors and the Texas Board of Professional Land Surveying shall,
1055	1055	in consultation with appropriate state entities, ensure that the
1056	1056	transfer of the obligations, property, rights, powers, and duties
1057	1057	of the Texas Board of Professional Land Surveying to the Texas Board
1058	1058	of Professional Engineers and Land Surveyors is completed not later
1059	1059	than September 1, 2020.
1060	1060	(c) All rules of the Texas Board of Professional Land
1061	1061	Surveying are continued in effect as rules of the Texas Board of
1062	1062	Professional Engineers and Land Surveyors until superseded by a
1063	1063	rule of the Texas Board of Professional Engineers and Land
1064	1064	Surveyors. A certificate, license, registration, or other
1065	1065	authorization issued by the Texas Board of Professional Land
1066	1066	Surveying is continued in effect as provided by the law in effect
1067	1067	immediately before the effective date of this Act. An application
1068	1068	for a certificate, license, registration, or other authorization
1069	1069	pending on the effective date of this Act is continued without
1070	1070	change in status after the effective date of this Act. A complaint,
1071	1071	investigation, contested case, or other proceeding pending on the
1072	1072	effective date of this Act is continued without change in status
1073	1073	after the effective date of this Act.
1074	1074	SECTION 3.02. The change in law made by this Act to Section
1075	1075	1001.101, Occupations Code, does not affect the entitlement of a
1076	1076	member serving on the Texas Board of Professional Engineers
1077	1077	immediately before the effective date of this Act to continue to
1078	1078	serve for the remainder of the member's term. As the terms of board
1079	1079	members expire, the governor shall appoint or reappoint members to
1080	1080	the Texas Board of Professional Engineers and Land Surveyors who
1081	1081	have the qualifications required for members under Sections
1082	1082	1001.101 and 1001.102, Occupations Code, as amended by this Act.
1083	1083	SECTION 3.03. (a) Except as provided by Subsection (b) of
1084	1084	this section, Section 1001.112, Occupations Code, as amended by
1085	1085	this Act, applies to a member of the Texas Board of Professional
1086	1086	Engineers and Land Surveyors appointed before, on, or after the
1087	1087	effective date of this Act.
1088	1088	(b) A member of a board who, before the effective date of
1089	1089	this Act, completed the training program required by Section
1090	1090	1001.112, Occupations Code, as that section existed before the
1091	1091	effective date of this Act, is required to complete additional
1092	1092	training only on the subjects added by this Act to the training
1093	1093	program. A board member described by this subsection may not vote,
1094	1094	deliberate, or be counted as a member in attendance at a meeting of
1095	1095	the board held on or after September 1, 2020, until the member
1096	1096	completes the additional training.
1097	1097	SECTION 3.04. To the extent of any conflict, this Act
1098	1098	prevails over another Act of the 86th Legislature, Regular Session,
1099	1099	2019, relating to nonsubstantive additions to and corrections in
1100	1100	enacted codes.
1101	1101	SECTION 3.05. This Act takes effect September 1, 2019.