Sec. 1051.607. LIST OF ENGINEERS PERMITTED TO ENGAGE IN PRACTICE OF ARCHITECTURE. (a) The board shall maintain a list of engineers licensed under Chapter 1001 who are authorized to engage in the practice of architecture based on an administrative finding of experience under this section. The board shall post the list on the board's Internet website.
(b) An engineer may not engage or offer to engage in the practice of architecture unless:
(1) the engineer is listed under Subsection (a); and
(2) the engineer is in good standing with the Texas Board of Professional Engineers.
(c) The board shall list each engineer who:
(1) applies for placement on the list not later than January 1, 2012;
(2) was licensed to practice engineering under Chapter 1001 before January 1, 2011; and
(3) provides to the board documentation of at least three projects that:
(A) were prepared by the engineer;
(B) were adequately and safely built before January 1, 2011; and
(C) are described by Section 1051.703(a) or were not exempt under Section 1051.606(a)(4).
(d) Documentation that is sufficient to satisfy the requirement of Subsection (c)(3) includes plans, specifications, photographs, and other records establishing that the architectural design work was performed by the engineer. The documentation is subject to verification by the board. The board shall complete the verification not later than the 120th day after the date the board receives the documentation.
(e) The board shall issue written confirmation to each engineer listed under this section that, notwithstanding the requirements of Section 1051.701, the engineer may lawfully engage and offer to engage in the practice of architecture without a license under this chapter.
(f) If the board declines to list an engineer who applies under this section, the engineer may request a contested case hearing to be conducted under Chapter 2001, Government Code. The motion for rehearing required by Chapter 2001, Government Code, shall be filed with the State Office of Administrative Hearings. The decision of the administrative law judge in the contested case is final and may be appealed in a Travis County district court.
(g) The board and the Texas Board of Professional Engineers shall pay equally the costs of a contested case.
(h) The Texas Board of Professional Engineers has exclusive regulatory oversight over an engineer listed under Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1157 (H.B. 2284), Sec. 4, eff. September 1, 2011.
Last modified: September 28, 2016