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Statutes > Texas > Occupations-code > Title-6-regulation-of-engineering-architecture-land-surveying-and-related-practices > Chapter-1001-engineers

OCCUPATIONS CODE

TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,

AND RELATED PRACTICES

SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES

CHAPTER 1001. ENGINEERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1001.001. SHORT TITLE. This chapter may be cited as The

Texas Engineering Practice Act.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Professional Engineers.

(2) "Engineer" means a person licensed to engage in the practice

of engineering in this state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.003. PRACTICE OF ENGINEERING. (a) In this section:

(1) "Design coordination" includes the review and coordination

of technical submissions prepared by others, including the work

of other professionals working with or under the direction of an

engineer with professional regard for the ability of each

professional involved in a multidisciplinary effort.

(2) "Engineering survey" includes any survey activity required

to support the sound conception, planning, design, construction,

maintenance, or operation of an engineered project. The term does

not include the surveying of real property or other activity

regulated under Chapter 1071.

(b) In this chapter, "practice of engineering" means the

performance of or an offer or attempt to perform any public or

private service or creative work, the adequate performance of

which requires engineering education, training, and experience in

applying special knowledge or judgment of the mathematical,

physical, or engineering sciences to that service or creative

work.

(1) consultation, investigation, evaluation, analysis, planning,

engineering for program management, providing an expert

engineering opinion or testimony, engineering for testing or

evaluating materials for construction or other engineering use,

and mapping;

(2) design, conceptual design, or conceptual design coordination

of engineering works or systems;

(3) development or optimization of plans and specifications for

engineering works or systems;

(4) planning the use or alteration of land or water or the

design or analysis of works or systems for the use or alteration

of land or water;

(5) responsible charge of engineering teaching or the teaching

of engineering;

(6) performing an engineering survey or study;

(7) engineering for construction, alteration, or repair of real

property;

(8) engineering for preparation of an operating or maintenance

manual;

(9) engineering for review of the construction or installation

of engineered works to monitor compliance with drawings or

specifications;

(10) a service, design, analysis, or other work performed for a

public or private entity in connection with a utility, structure,

building, machine, equipment, process, system, work, project, or

industrial or consumer product or equipment of a mechanical,

electrical, electronic, chemical, hydraulic, pneumatic,

geotechnical, or thermal nature;

(11) providing an engineering opinion or analysis related to a

certificate of merit under Chapter 150, Civil Practice and

Remedies Code; or

(12) any other professional service necessary for the planning,

progress, or completion of an engineering service.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.001(a),

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

259, Sec. 1, eff. September 1, 2005.

Sec. 1001.004. LEGISLATIVE PURPOSE AND INTENT; LIBERAL

CONSTRUCTION OF CHAPTER. (a) The legislature recognizes the

vital impact that the rapid advance of knowledge of the

mathematical, physical, and engineering sciences as applied in

the practice of engineering has on the lives, property, economy,

and security of state residents and the national defense.

(b) The purpose of this chapter is to:

(1) protect the public health, safety, and welfare;

(2) enable the state and the public to identify persons

authorized to practice engineering in this state; and

(3) fix responsibility for work done or services or acts

performed in the practice of engineering.

(1) the privilege of practicing engineering be entrusted only to

a person licensed and practicing under this chapter;

(2) only a person licensed under this chapter may:

(A) engage in the practice of engineering;

(B) be represented in any way as any kind of "engineer"; or

(3) this chapter be strictly complied with and enforced.

(d) This chapter shall be liberally construed to carry out the

intent of the legislature.

(e) This chapter does not:

(1) prevent a person from identifying the person in the name and

trade of any engineers' labor organization with which the person

is affiliated;

(2) prohibit or otherwise restrict a person from giving

testimony or preparing an exhibit or document for the sole

purpose of being placed in evidence before an administrative or

judicial tribunal, subject to the board's disciplinary powers

under Subchapter J regarding negligence, incompetency, or

misconduct in the practice of engineering;

(3) repeal or amend a law affecting or regulating a licensed

state land surveyor; or

(4) affect or prevent the practice of any other legally

recognized profession by a member of the profession who is

licensed by the state or under the state's authority.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 1, eff.

Sept. 1, 2003.

Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board of

Professional Engineers is subject to Chapter 325, Government Code

(Texas Sunset Act). Unless continued in existence as provided by

that chapter, the board is abolished and this chapter expires

September 1, 2015.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff.

Sept. 1, 2003.

SUBCHAPTER B. EXEMPTIONS

Sec. 1001.051. LIMITATION ON EXEMPTION. An exemption under this

subchapter applies only to a person who does not offer to the

public to perform engineering services.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff.

Sept. 1, 2003.

Sec. 1001.052. EMPLOYEE OF LICENSE HOLDER. A person who is an

employee or subordinate of an engineer is exempt from the

licensing requirements of this chapter if the person's practice

does not include responsible charge of design or supervision.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.053. PUBLIC WORKS. The following work is exempt from

this chapter:

(1) a public work that involves electrical or mechanical

engineering, if the contemplated expense for the completed

project is $8,000 or less;

(2) a public work that does not involve electrical or mechanical

engineering, if the contemplated expense for the completed

project is $20,000 or less; or

(3) road maintenance or improvement undertaken by the

commissioners court of a county.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 273, Sec. 1, eff. June

18, 2003.

Sec. 1001.054. FEDERAL OFFICER OR EMPLOYEE. An officer or

employee of the United States is exempt from the licensing

requirements of this chapter during the time the officer or

employee is engaged in the practice of engineering for the United

States in this state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.055. MECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT. (a)

A person is exempt from the licensing requirements of this

chapter if the person is installing, operating, repairing, or

servicing a locomotive or stationary engine, steam boiler, diesel

engine, internal combustion engine, refrigeration compressor or

system, hoisting engine, electrical engine, air conditioning

equipment or system, or mechanical, electrical, electronic, or

communications equipment or apparatus.

(b) This exemption does not permit a person to:

(1) sign an engineering plan or specification if the person is

not an engineer; or

(2) use the term "engineer" or "engineering" in any manner

prohibited by this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.056. CONSTRUCTION OR REPAIR OF AND PLANS FOR CERTAIN

BUILDINGS. (a) A person, sole proprietorship, firm,

partnership, joint stock association, or private corporation is

exempt from the licensing requirements of this chapter if:

(1) a representation that engineering services have been or will

be offered to the public is not made or implied; and

(2) the person or entity is erecting, constructing, enlarging,

altering, or repairing or is drawing plans or specifications for:

(A) a private dwelling;

(B) apartments not exceeding eight units for each building in

the case of one-story buildings;

having a maximum height of two stories;

(D) a garage or other structure pertinent to a building

described by Paragraph (A), (B), or (C);

(E) a private building to be used exclusively for:

(i) farm, ranch, or agricultural purposes; or

(ii) storage of raw agricultural commodities; or

(F) a building having no more than one story that:

(i) is not a building exempt from the licensing requirements of

this chapter under Section 1001.053 or subject to Section

1001.407;

(ii) has a total floor area of not more than 5,000 square feet;

and

(iii) does not contain a clear span between supporting

structures greater than 24 feet on the narrow side.

(b) If a structure described by Subsections (a)(2)(F)(i) and

(ii) contains unsupported spans greater than 24 feet, only the

trusses, beams, or other roof supporting members must be

engineered or pre-engineered.

person or entity that is:

(1) providing engineering design or inspection services

necessary to comply with windstorm certification standards for a

residential dwelling under Subchapter F, Chapter 2210, Insurance

Code; or

(2) providing engineering design relating to constructing,

enlarging, altering, or repairing, or drawing plans or

specifications for, a residential dwelling slab located on

expansive soil that meets the expansive soil classification

provisions of the International Residential Code as applied in

the jurisdiction in which the residential dwelling is located,

unless the construction, enlargement, alteration, repair, or

drawing of plans or specifications meets the International

Residential Code requirements as applied in the jurisdiction in

which the residential dwelling is located.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1142, Sec. 1, eff. June 19, 2009.

Sec. 1001.057. EMPLOYEE OF PRIVATE CORPORATION OR BUSINESS

ENTITY. (a) This chapter shall not be construed to apply to the

activities of a private corporation or other business entity, or

the activities of the full-time employees or other personnel

under the direct supervision and control of the business entity,

on or in connection with:

(1) reasonable modifications to existing buildings, facilities,

or other fixtures to real property not accessible to the general

public and which are owned, leased, or otherwise occupied by the

entity; or

(2) activities related only to the research, development,

design, fabrication, production, assembly, integration, or

service of products manufactured by the entity.

(b) A person who claims an exemption under this section and who

is determined to have directly or indirectly represented the

person as legally qualified to engage in the practice of

engineering or who is determined to have violated Section

1001.301 may not claim an exemption until the 10th anniversary of

the date the person made that representation.

(1) a licensed professional engineer who intends to incorporate

manufactured products into a fixed work, system, or facility that

is being designed by the licensee on public property or the

property of others from requiring the manufacturer to have plans

or specifications signed and sealed by a licensed professional

engineer; or

(2) the board from requiring, by rule, that certain manufactured

products delivered to or used by the public must be designed and

sealed by a licensed professional engineer, if necessary to

protect the public health, safety, and welfare.

(d) For purposes of this section, "products manufactured by the

entity" also includes computer software, firmware, hardware,

semiconductor devices, and the production, exploration, and

transportation of oil and gas and related products.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 3, eff.

Sept. 1, 2003.

Sec. 1001.058. EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES. (a)

A regular full-time employee of a privately owned public utility

or cooperative utility or of the utility's affiliate is exempt

from the licensing requirements of this chapter if the employee:

(1) performs services exclusively for the utility or affiliate;

and

(2) does not have the final authority to approve, or the

ultimate responsibility for, engineering designs, plans, or

specifications that are to be:

(A) incorporated into fixed works, systems, or facilities on the

property of others; or

(B) made available to the public.

(b) A person who claims an exemption under this section and who

is determined to have directly or indirectly represented the

person as legally qualified to engage in the practice of

engineering or who is determined to have violated Section

1001.301 may not claim an exemption until the 10th anniversary of

the date the person made that representation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 4, eff.

Sept. 1, 2003.

Sec. 1001.059. QUALIFIED SCIENTISTS. A qualified scientist

engaged in scientific research and investigation of the physical

or natural sciences is exempt from the licensing requirements of

this chapter. This exemption includes the usual work and

activities of a meteorologist, seismologist, geologist, chemist,

geochemist, physicist, or geophysicist.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.060. SOIL AND WATER CONSERVATION. Agricultural work

performed in carrying out soil and water conservation practices

is exempt from this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.061. TELEPHONE COMPANIES. (a) An operating telephone

company, an affiliate of the company, or an employee of the

company or affiliate is exempt from this chapter with respect to

any plan, design, specification, or service that relates strictly

to the science and art of telephony.

(b) This exemption includes the use of a job title or personnel

classification by a person included under Subsection (a) if the

person does not use:

(1) the title or classification in connection with an offer to

the public to perform engineering services; and

(2) a name, title, or word that tends to convey the impression

that a person not licensed under this chapter is offering to the

public to perform engineering services.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.062. CERTAIN EMPLOYEES WORKING FROM ENGINEER'S PLANS.

(a) A regular full-time employee of a private business entity

who is engaged in erecting, constructing, enlarging, altering,

repairing, rehabilitating, or maintaining an improvement to real

property in accordance with plans or specifications that have an

engineer's seal is exempt from this chapter.

(b) This exemption includes the use of a job title or personnel

classification by the employee if the employee does not use the

title or classification in connection with an offer to the public

to perform engineering services.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.063. ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR

DESIGNERS. This chapter or a rule adopted under this chapter

does not prevent or otherwise restrict a person licensed as an

architect under Chapter 1051, a landscape architect under Chapter

1052, or an interior designer under Chapter 1053 from performing

an act, service, or work that is within the definition of the

person's practice under those chapters.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.064. STATE LAND SURVEYORS. A licensed state land

surveyor is exempt from this chapter in performing a state land

surveyor's duties.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.065. EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.

(a) In this section, "institution of higher education" and

"private or independent institution of higher education" have the

meanings assigned by Section 61.003, Education Code.

(b) An employee of an institution of higher education or a

private or independent institution of higher education who is

performing research or instructional work within the scope of the

person's employment by the institution is exempt from the

licensing requirements of this chapter.

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.002(a), eff. Sept. 1,

2003.

Sec. 1001.066. CERTAIN NASA-RELATED ACTIVITIES. This chapter

does not:

(1) apply to a business entity or the business entity's

employees to the extent that the entity's products or services

consist of space vehicles or space services provided to, or space

technology transfer programs required by, the National

Aeronautics and Space Administration; or

(2) prohibit the use of the term "engineer" or "engineering" in

a job title or personnel classification by an employee described

by Subdivision (1) to the extent that the use of the title or

classification is related to activities described by that

subdivision.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 5, eff. Sept. 1,

2003.

Sec. 1001.067. CERTAIN FIRE DEPARTMENT EMPLOYEES. This chapter

does not prohibit the professional use of the term "fire

engineer" by a member of a fire department in a municipality with

a population of one million or more that has adopted Chapter 143,

Local Government Code, and to which Subchapter G of that chapter

does not generally apply, who:

(1) holds the position of fire apparatus operator; and

(2) is not otherwise engaged in the practice of engineering.

Added by Acts 2009, 81st Leg., R.S., Ch.

1142, Sec. 2, eff. June 19, 2009.

SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS

Sec. 1001.101. BOARD MEMBERSHIP. (a) The Texas Board of

Professional Engineers consists of nine members appointed by the

governor with the advice and consent of the senate as follows:

(1) six engineers; and

(2) three members who represent the public.

(b) Appointments to the board shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 6, eff.

Sept. 1, 2003.

Sec. 1001.102. MEMBER ELIGIBILITY. (a) A person may not be a

public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency

in the field of engineering;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

money from the board;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving money from the board; or

(4) uses or receives a substantial amount of tangible goods,

services, or money from the board other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

(b) An engineer member of the board must:

(1) be a citizen of the United States and a resident of this

state for at least 10 years before the date of appointment; and

(2) have been engaged in the practice of engineering for at

least 10 years before the date of appointment.

graduated from an approved engineering school may be considered

to have engaged in the practice of engineering for two years.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 7, eff.

Sept. 1, 2003.

Sec. 1001.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(a-1) A person may not be a member of the board and may not be a

board employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of engineering; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of

engineering.

(b) A person may not be a member of the board or act as the

general counsel to the board if the person is required to

because of the person's activities for compensation on behalf of

a profession related to the operation of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 8, eff.

Sept. 1, 2003.

Sec. 1001.104. TERMS; VACANCY. (a) Board members serve

staggered six-year terms, with the terms of one-third of the

members expiring each odd-numbered year.

(b) If a vacancy occurs during a member's term, the governor

shall appoint a replacement to fill the unexpired term.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.105. PARTICIPATION OF PUBLIC MEMBERS. (a) The board

by majority vote may limit the participation of public members in

evaluating license applications.

(b) This section does not apply to the evaluation of license

applications at an official meeting of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.106. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the board that a member:

(1) does not have at the time of taking office the

qualifications required by Sections 1001.101 and 1001.102;

(2) does not maintain during service on the board the

qualifications required by Sections 1001.101 and 1001.102;

(3) is ineligible for membership under Section 1001.102 or

1001.103;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

ground for removal exists, the executive director shall notify

the presiding officer of the board of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer

of the board, who shall then notify the governor and the attorney

general that a potential ground for removal exists.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 9, eff.

Sept. 1, 2003.

Sec. 1001.107. PER DIEM. A board member is entitled to receive

a per diem as set by the General Appropriations Act for each day

that the member engages in the business of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

837, Sec. 1, eff. September 1, 2007.

Sec. 1001.108. OFFICERS. The governor shall designate a member

of the board as the presiding officer of the board to serve in

that capacity at the will of the governor. The board shall elect

annually from its members an assistant presiding officer, a

treasurer, and a secretary.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 10, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

837, Sec. 2, eff. September 1, 2007.

Sec. 1001.110. MEETINGS. The board shall hold at least two

regular meetings each year. Special meetings shall be held at the

time provided by the board's bylaws.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.111. FILING OF OATH. Before assuming the duties of

office, each board member shall file with the secretary of state

a copy of the constitutional oath of office taken by the member.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.112. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the board may not vote,

deliberate, or be counted as a member in attendance at a meeting

of the board until the person completes a training program that

complies with this section.

(b) The training program must provide the person with

information regarding:

(1) this chapter;

(2) the programs operated by the board;

(3) the role and functions of the board;

(4) the rules of the board, with an emphasis on the rules that

relate to disciplinary and investigatory authority;

(5) the current budget for the board;

(6) the results of the most recent formal audit of the board;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 11, eff. Sept. 1,

2003.

SUBCHAPTER D. BOARD PERSONNEL

Sec. 1001.151. PERSONNEL. (a) The board shall employ clerical

or other assistants as necessary to perform the board's work.

(b) A salary paid under this section may not exceed the salary

paid for similar work in other departments.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.152. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive director's designee

shall develop an intra-agency career ladder program. The program

must require intra-agency posting of each nonentry level position

with the board at least 10 days before the date of any public

posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations of the

board's employees based on measurable job tasks. All merit pay

authorized by the executive director must be based on the system

established under this subsection.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.153. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly separate the

policy-making responsibilities of the board and the management

responsibilities of the executive director and the staff of the

board.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1,

2003.

Sec. 1001.154. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The executive director or the executive director's

designee shall provide to members of the board and to board

employees, as often as necessary, information regarding the

requirements for office or employment under this chapter,

including information regarding a person's responsibilities under

applicable laws relating to standards of conduct for state

officers or employees.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1,

2003.

Sec. 1001.155. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the executive director's designee

shall prepare and maintain a written policy statement that

implements a program of equal employment opportunity to ensure

that all personnel decisions are made without regard to race,

color, disability, sex, religion, age, or national origin.

(b) The policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the board to avoid the

unlawful employment practices described by Chapter 21, Labor

Code; and

(2) an analysis of the extent to which the composition of the

board's personnel is in accordance with state and federal law and

a description of reasonable methods to achieve compliance with

state and federal law.

(1) be updated annually;

(2) be reviewed by the Commission on Human Rights for compliance

with Subsection (b)(1); and

(3) be filed with the governor's office.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, eff. Sept. 1,

2003.

SUBCHAPTER E. BOARD POWERS AND DUTIES

Sec. 1001.201. GENERAL POWERS AND DUTIES. (a) The board shall

administer and enforce this chapter.

(b) The board may spend money for any purpose the board

considers reasonably necessary for the proper performance of its

duties under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.202. RULES. The board may adopt and enforce any rule

or bylaw necessary to perform its duties, govern its proceedings,

and regulate the practice of engineering.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.203. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The board by rule shall prescribe standards for

compliance with Subchapter A, Chapter 2254, Government Code.

(b) Except as provided by Subsection (a), the board may not

adopt rules restricting advertising or competitive bidding by a

license holder except to prohibit false, misleading, or deceptive

practices.

practices, the board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license holder's personal appearance

or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

license holder; or

(4) restricts the license holder's advertisement under a trade

name.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 13, eff.

Sept. 1, 2003.

Sec. 1001.2035. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

The board shall adopt rules and guidelines as necessary to comply

with Chapter 53.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 14, eff. Sept. 1,

2003.

Sec. 1001.204. FEES. (a) The board shall establish the

following fees in amounts reasonable and necessary to cover the

costs of administering this chapter:

(1) license fee;

(2) annual and late renewal fees;

(3) reciprocal license fee;

(4) duplicate license fee;

(5) engineer-in-training certificate fee;

(6) roster of engineers fee;

(7) examination fee;

(8) registration fee for engineering firm; and

(9) inactive status fee.

(b) Fee revenue may not exceed the amount reasonable and

necessary to administer this chapter.

costs of administering this chapter in an amount that exceeds the

amount of fees received under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 15, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

259, Sec. 2, eff. September 1, 2005.

Sec. 1001.205. REDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS.

(a) For purposes of this section, a person is disabled if the

person has a mental or physical impairment that substantially

limits the ability of the person to earn a living as an engineer,

other than an impairment caused by a current addiction to the use

of alcohol or an illegal drug or controlled substance.

(b) The board by rule may adopt reduced license fees and annual

renewal fees for engineers who are:

(1) at least 65 years of age; or

(2) disabled and not actively engaged in the practice of

engineering.

shall notify the board that the person has resumed the active

practice of engineering not later than the 15th day after the

date the person resumes active practice.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.206. FEE INCREASE. (a) The fee for a license under

this chapter, for the annual renewal of that license, and for a

reciprocal license under this chapter is increased by $200.

(b) Of each fee increase collected, $50 shall be deposited in

the foundation school fund and $150 shall be deposited in the

general revenue fund.

an engineer who:

(1) meets the qualifications for an exemption under Section

1001.057 or 1001.058 but does not claim that exemption;

(2) is disabled as described by Section 1001.205;

(3) is on inactive status as provided by Section 1001.355; or

(4) is 65 years of age or older.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 16, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

837, Sec. 3, eff. September 1, 2007.

Sec. 1001.207. STANDARDS OF CONDUCT AND ETHICS. The board may

establish standards of conduct and ethics for engineers in

keeping with the purposes and intent of this chapter and to

ensure strict compliance with and enforcement of this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.208. ROSTER OF ENGINEERS. (a) The board shall

prepare and publish a roster of persons, including business

entities, licensed, registered, certified, or enrolled by the

board. The roster shall include the name, business address, and

other identifying information required by board rule.

(b) The board shall make the roster available to the public

without cost in an online computer database format.

request and may charge a reproduction and shipping fee for

providing a physical copy of the roster.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.209. REGISTER OF APPLICANTS. The board shall maintain

a register of license applications that shows:

(1) the name, age, and residence of each applicant;

(2) the date of the application;

(3) the applicant's place of business;

(4) the applicant's educational and other qualifications;

(5) whether an examination was required;

(6) whether the applicant was issued or denied a license;

(7) the date of board action; and

(8) any other information the board considers necessary.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.210. CONTINUING EDUCATION PROGRAMS. (a) The board

shall recognize, prepare, or administer continuing education

programs for its license holders. A license holder must

participate in the programs to the extent required by the board

to keep the person's license.

(b) The board may not require a license holder to obtain more

than 15 hours of continuing education annually. The board shall

permit a license holder to certify at the time the license is

renewed that the license holder has complied with the board's

continuing education requirements.

continuing education credit for educational, technical, ethical,

or professional management activities related to the practice of

engineering, including:

(1) successfully completing or auditing a course sponsored by an

institution of higher education;

(2) successfully completing a course certified by a professional

or trade organization;

(3) attending a seminar, tutorial, short course, correspondence

course, videotaped course, or televised course;

(4) participating in an in-house course sponsored by a

corporation or other business entity;

(5) teaching a course described by Subdivisions (1)-(4);

(6) publishing an article, paper, or book on the practice of

engineering;

(7) making or attending a presentation at a meeting of a

technical or engineering management society or organization or

writing a paper presented at such a meeting;

(8) participating in the activities of a professional society or

association, including serving on a committee of the

organization; and

(9) engaging in self-directed study.

(d) A license holder may not receive more than five continuing

education credit hours annually for engaging in self-directed

study.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 17, eff.

Sept. 1, 2003.

Sec. 1001.211. RECORDS. (a) The board shall maintain a record

of its proceedings.

(b) The board's records shall be available to the public at all

times.

proceedings of the board set forth in the records. A transcript

of the records certified by the secretary of the board under seal

is admissible in evidence with the same effect as if it were the

original.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.212. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO

LICENSE APPLICATION. (a) A statement made by a person providing

a reference for an applicant and other pertinent information

compiled by or submitted to the board relating to an applicant

for a license under this chapter is privileged and confidential.

(b) Information described by Subsection (a) may be used only by

the board or its employees or agents who are directly involved in

the application or licensing process. The information is not

subject to discovery, subpoena, or other disclosure.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.213. SUBPOENA. (a) The board may request and, if

necessary, compel by subpoena:

(1) the attendance of a witness for examination under oath; and

(2) the production for inspection or copying of records,

documents, and other evidence relevant to the investigation of an

alleged violation of this chapter.

(b) The board, acting through the attorney general, may bring an

action to enforce a subpoena issued under Subsection (a) against

a person who fails to comply with the subpoena.

district court in:

(1) Travis County; or

(2) the county in which the board may hold a hearing.

(d) The court shall order compliance with the subpoena if the

court finds that good cause exists to issue the subpoena.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1001.214. TECHNOLOGY POLICY. The board shall develop and

implement a policy requiring the executive director and board

employees to research and propose appropriate technological

solutions to improve the board's ability to perform its

functions. The technological solutions must:

(1) ensure that the public is able to find information about the

board on the Internet;

(2) ensure that persons who want to use the board's services are

able to:

(A) interact with the board through the Internet; and

(B) access any service that can be provided effectively through

the Internet; and

(3) be cost-effective and developed through the board's planning

processes.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1,

2003.

Sec. 1001.215. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION POLICY. (a) The board shall develop and implement a

policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1,

2003.

Sec. 1001.216. JOINT ADVISORY COMMITTEE ON THE PRACTICE OF

ENGINEERING AND ARCHITECTURE. (a) The Joint Advisory Committee

on the Practice of Engineering and Architecture is an advisory

committee to the board and to the Texas Board of Architectural

Examiners. The advisory committee consists of:

(1) three members of the board and one practicing architectural

engineer appointed by the board; and

(2) three members of the Texas Board of Architectural Examiners

and one practicing architect appointed by that board.

(b) Members of the advisory committee serve staggered six-year

terms with the terms of one or two members appointed by the board

and one or two members appointed by the Texas Board of

Architectural Examiners expiring each odd-numbered year.

(d) The advisory committee shall work to resolve issues that

result from the overlap between activities that constitute the

practice of engineering and those that constitute the practice of

architecture. The advisory committee shall assist each agency in

protecting the public rather than advancing the interests of

either agency or the profession it regulates.

(e) The advisory committee shall issue advisory opinions to the

board and to the Texas Board of Architectural Examiners on

matters relating to the practice of engineering and the practice

of architecture, including:

(1) opinions on whether certain activities constitute the

practice of engineering or the practice of architecture;

(2) specific disciplinary proceedings initiated by either

agency; and

(3) the need for persons working on particular projects to be

licensed by the board or registered by the Texas Board of

Architectural Examiners.

(f) If the advisory committee issues an advisory opinion to the

board or the Texas Board of Architectural Examiners on a matter,

that agency shall notify the committee of the final action taken

with regard to the matter. The advisory committee shall consider

the action taken by the agency on the matter in any advisory

opinion subsequently issued by the committee on a related matter.

(g) The board and the Texas Board of Architectural Examiners

shall enter into a memorandum of understanding regarding the

advisory committee that includes the composition and purpose of

the committee.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 18, eff. Sept. 1,

2003.

SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 1001.251. CONSUMER INTEREST INFORMATION. (a) The board

shall prepare information of consumer interest describing the

regulatory functions of the board and the procedures by which

consumer complaints are filed with and resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

(1) information regarding the procedure for filing a complaint

with the board; and

(2) a form that a person may use to file a complaint with the

board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 19, eff.

Sept. 1, 2003.

Sec. 1001.252. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt rules that permit

the board to receive and investigate a confidential complaint

against a license holder or other person who may have violated

this chapter. The board shall maintain the confidentiality of the

complaint during the investigation.

(b) The board by rule shall specify:

(1) the manner by which a person may contact the board for

assistance in filing a complaint;

(2) the place at which a complaint must be filed;

(3) the proper form of a complaint; and

(4) the information that must be included in a complaint.

who desires to file a complaint to:

(1) speak to an investigator on the staff of the board if the

person desires to do so; or

(2) easily and conveniently access the board's complaint process

without being required to speak to an investigator on the staff

of the board if the person does not desire to speak to an

investigator.

(d) The board shall consider any written grievance against a

license holder or other person filed with the board as a

complaint.

(e) A complaint must include information sufficient for the

board to determine whether it has the authority to resolve the

complaint. A complaint that contains sufficient information for

the board to commence an investigation is not required to include

all of the information necessary for the board to determine the

validity of the complaint.

(f) On receipt of a complaint, the board shall determine whether

the board has the authority to resolve the complaint. If the

board does not have the authority to resolve the complaint, the

board shall dismiss the complaint. If the board has the authority

to resolve the complaint, the board shall initiate a disciplinary

proceeding against the person who is the subject of the

complaint.

(g) The board by rule shall prescribe a method for prioritizing

complaints for purposes of complaint investigation. In

establishing priorities:

(1) a complaint that alleges an action that could potentially

harm the public takes precedence over a complaint that does not

allege an action that could potentially harm the public; and

(2) with regard to complaints that do not allege an action that

could potentially harm the public, a complaint filed by a member

of the public takes precedence over a complaint filed by the

staff of the board.

(h) The board's staff is responsible for conducting all phases

of complaint investigation, including gathering evidence

necessary to determine the validity of the complaint.

(i) The board may employ or contract with advisors, consultants,

engineers, or other persons to provide technical assistance in

investigations and disciplinary proceedings. Except for an action

involving fraud, conspiracy, or malice, a person whose services

are obtained by the board under this subsection is immune from

civil liability and may not be subjected to a suit for damages

for any investigation, report, recommendation, statement,

evaluation, finding made, or other action taken in the course of

performing the person's official duties.

(j) The board's staff shall regularly report to the board on

each complaint dismissed by board staff, including:

(1) the name of the complainant;

(2) the name of the person who is the subject of the complaint;

(3) the basis of the complaint; and

(4) the reason for the dismissal of the complaint.

(k) Except as provided by Subsection (l), a complaint filed with

the board is public information.

(l) For any complaint determined to be frivolous or without

merit, the complaint and other enforcement case information

related to that complaint are confidential. The information may

be used only by the board or by its employees or agents directly

involved in the enforcement process for that complaint. The

information is not subject to discovery, subpoena, or other

disclosure.

(m) In this section, "frivolous complaint" means a complaint

that the executive director and investigator, with board

approval, determined:

(1) was made for the purpose of harassment; and

(2) does not demonstrate harm to any person.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

259, Sec. 3, eff. September 1, 2005.

Sec. 1001.253. COMPLAINT INFORMATION. (a) The board shall:

(1) assign a number to each complaint filed with the board; and

(2) ensure that each phase of the processing of a complaint is

appropriately documented.

(b) The board shall maintain a file on each written complaint

filed with the board. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the board;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

board closed the file without taking action other than to

investigate the complaint.

and to each person who is a subject of the complaint a copy of

the board's policies and procedures relating to complaint

investigation and resolution.

(d) The board, at least quarterly and until final disposition of

the complaint, shall notify the parties to the complaint of the

status of the complaint unless the notice would jeopardize an

undercover investigation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff.

Sept. 1, 2003.

Sec. 1001.254. STATISTICAL ANALYSIS OF COMPLAINTS. (a) The

board shall develop and maintain a complaint tracking system to

monitor the processing of complaints filed with the board.

(b) The board shall include with the board's annual financial

report under Section 2101.011, Government Code, a statistical

analysis of the complaints filed with the board during the

preceding year, including:

(1) the number of complaints filed;

(2) a categorization of complaints filed according to the basis

of the complaint and the number of complaints in each category;

(3) the number of complaints filed by board staff;

(4) the number of complaints filed by persons other than board

staff;

(5) the average length of time required to resolve a complaint;

(6) the number of complaints resolved and the manner in which

they were resolved, including:

(A) the number of complaints dismissed and the reasons for

dismissal; and

(B) the number of complaints resulting in disciplinary action,

the disciplinary action taken, and whether the disciplinary

action taken was imposed by stipulation, agreed settlement,

consent order, default, or order following a contested case

hearing; and

(7) the number of complaints filed that are unresolved, the

number of those complaints filed by board staff, the number of

those complaints filed by persons other than board staff, and the

average length of time that the unresolved complaints have been

on file.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, eff. Sept. 1,

2003.

Sec. 1001.255. PUBLIC PARTICIPATION. The board shall develop

and implement policies that provide the public with a reasonable

opportunity to appear before the board and to speak on any issue

under the jurisdiction of the board.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, eff. Sept. 1,

2003.

SUBCHAPTER G. LICENSE REQUIREMENTS

Sec. 1001.301. LICENSE REQUIRED. (a) A person may not engage

in the practice of engineering unless the person holds a license

issued under this chapter.

(b) Except as provided by Subsection (f), a person may not,

unless the person holds a license issued under this chapter,

directly or indirectly use or cause to be used as a professional,

business, or commercial identification, title, name,

representation, claim, asset, or means of advantage or benefit

any of, or a variation or abbreviation of, the following terms:

(1) "engineer";

(2) "professional engineer";

(3) "licensed engineer";

(4) "registered engineer";

(5) "registered professional engineer";

(6) "licensed professional engineer"; or

(7) "engineered."

directly or indirectly use or cause to be used an abbreviation,

word, symbol, slogan, or sign that tends or is likely to create

an impression with the public that the person is qualified or

authorized to engage in the practice of engineering unless the

person holds a license and is practicing under this chapter.

(d) A person may not receive any fee or compensation or the

promise of any fee or compensation for engaging in the practice

of engineering unless the person holds a license issued under

this chapter.

(e) A person, sole proprietorship, firm, partnership,

association, or corporation that engages in or offers or attempts

to engage in conduct described by this section is conclusively

presumed to be engaged in the practice of engineering.

(f) Notwithstanding the other provisions of this chapter, a

regular employee of a business entity who is engaged in

engineering activities but is exempt from the licensing

requirements of this chapter under Sections 1001.057 or 1001.058

is not prohibited from using the term "engineer" on a business

card, cover letter, or other form of correspondence that is made

available to the public if the person does not:

(1) offer to the public to perform engineering services; or

(2) use the title in any context outside the scope of the

exemption in a manner that represents an ability or willingness

to perform engineering services or make an engineering judgment

requiring a licensed professional engineer.

(g) Subsection (f) does not authorize a person to use a term

listed in Subsections (b)(2)-(6) or a variation or abbreviation

of one of those terms.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 22, eff.

Sept. 1, 2003.

Sec. 1001.302. LICENSE ELIGIBILITY REQUIREMENTS. (a) An

applicant for a license under this chapter must submit evidence

satisfactory to the board showing at least that the applicant

has:

(1) graduated from:

(A) an engineering curriculum approved by the board as having

satisfactory standing; or

(B) an engineering or related science curriculum at a recognized

institution of higher education, other than a curriculum approved

by the board under Paragraph (A);

(2) passed the examination requirements prescribed by the board;

and

(3) engaged in the active practice of engineering for at least:

(A) four years, if the applicant graduated from a curriculum

described by Subdivision (1)(A); or

(B) eight years, if the applicant graduated from a curriculum

described by Subdivision (1)(B).

(b) To satisfy the requirement of Subsection (a)(3), an

applicant must submit a specific record showing engineering work

of a character satisfactory to the board indicating that the

applicant is competent to be placed in responsible charge of that

work.

under Subsection (a)(3), the board may not consider as active

practice in engineering work:

(1) engineering teaching;

(2) the mere execution, as a contractor, of work designed by an

engineer; or

(3) the supervision, as a foreman or superintendent, of the

construction of work designed by an engineer.

(d) A person is not eligible to be licensed as an engineer

unless the person is of good character and reputation.

(e) A person who has the necessary license qualifications

described by this chapter is eligible for the license regardless

of whether the person is practicing at the time the person

applies for the license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.003(a),

eff. Sept. 1, 2003.

Sec. 1001.303. APPLICATION FOR LICENSE. (a) An applicant for a

license under this chapter must submit an application on a form

prescribed and provided by the board.

(b) The application must contain:

(1) personal information about the applicant, as required by

board rule;

(2) a description of the applicant's education;

(3) a detailed summary of the applicant's actual engineering

work;

(4) a description of any engineering license or registration

previously issued to the applicant and any denial, revocation, or

suspension of an engineering license or registration held by the

applicant;

(5) a description of any criminal offense of which the applicant

has been convicted; and

(6) at least three references from engineers having personal

knowledge of the applicant's character, reputation, general

suitability for a license, and engineering experience.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 23, eff.

Sept. 1, 2003.

Sec. 1001.304. EXAMINATION. (a) The board shall administer

examinations to determine the qualifications of applicants for a

license.

(b) The board shall prescribe the scope of the examination and

the methods of procedure with special reference to an applicant's

ability to design and supervise engineering works to ensure the

safety of life, health, and property.

administer an oral or written examination to a qualified

appli