SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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.
- Texas Section 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...
- Texas Section 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...
- Texas Section 1001.0031 - Practices Of Engineering And Architecture
(a) Except as provided by Subsection (d) or (e), the practice of engineering does not include, and engineers may not engage in or offer to...
- Texas Section 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...
SUBCHAPTER B EXEMPTIONS
- Texas Section 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,...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER C TEXAS BOARD OF PROFESSIONAL ENGINEERS
- Texas Section 1001.068 - Certain Out-of-state Engineers Engaged In Evaluating Oil And Gas Resources
(a) In this section, "evaluation of oil and gas resources" includes: (1) the quantification of the volume of oil and gas reserves and resources in...
- Texas Section 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:...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D BOARD PERSONNEL
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E BOARD POWERS AND DUTIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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. (c) The...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F CONSUMER INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G LICENSE REQUIREMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1001.3035 - Criminal History Record Information Requirement For License Issuance
(a) The board shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the...
- Texas Section 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...
- Texas Section 1001.305 - Waiver Of Examination Requirement
The board by rule may waive all or part of the examination requirement for an applicant for the issuance or reissuance of a license. The...
- Texas Section 1001.306 - Examination Results
(a) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the board shall notify the person...
- Texas Section 1001.307 - Reexamination
The board may permit reexamination of an applicant on payment of an appropriate reexamination fee in an amount set by the board. Added by Acts...
- Texas Section 1001.308 - Issuance Of License
(a) On payment of the license fee, the board shall issue a license authorizing the practice of engineering to an applicant who, in the board's...
- Texas Section 1001.309 - Certification Or Enrollment Of Engineers-in-training
(a) The board shall certify or enroll as an engineer-in-training an applicant who meets the requirements of Subsection (b) if the applicant is otherwise qualified....
- Texas Section 1001.310 - Temporary Or Provisional License
(a) The board by rule may adopt standards and procedures for issuing a temporary or provisional license under this chapter. (b) The board may issue...
- Texas Section 1001.311 - Application By Nonresident
(a) A person who holds a license or certificate of registration issued by another state or a foreign country may apply for a license in...
SUBCHAPTER H LICENSE RENEWAL
- Texas Section 1001.312 - Replacement License
The board, subject to board rules, may issue a new license to replace a license that is lost, destroyed, or mutilated. Added by Acts 2001,...
- Texas Section 1001.351 - Annual Renewal Required
(a) The board shall provide for the annual renewal of a license or registration issued under this chapter. (b) The board by rule may adopt...
- Texas Section 1001.352 - Notice Of License Expiration
Not later than the 30th day before the date a person's license is scheduled to expire, the board shall send written notice of the impending...
- Texas Section 1001.353 - Procedure For Renewal
(a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required annual renewal fee to the...
- Texas Section 1001.3535 - Criminal History Record Information Requirement For License Renewal
(a) An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal...
- Texas Section 1001.354 - Renewal Of Expired License By Out-of-state Practitioner
(a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other...
SUBCHAPTER I PRACTICE OF ENGINEERING
- Texas Section 1001.355 - Inactive Status
(a) An engineer may request inactive status at any time. A license holder on inactive status may not practice engineering. (b) A license holder on...
- Texas Section 1001.401 - Use Of Seal
(a) On receiving a license, a license holder shall obtain a seal in a design authorized by the board, showing the license holder's name and...
- Texas Section 1001.402 - Enforcement By Certain Public Officials
A public official of the state or of a political subdivision of the state who is responsible for enforcing laws that affect the practice of...
- Texas Section 1001.403 - Professional Identification
A person licensed under this chapter shall use the term "Engineer," "Professional Engineer," or "P.E." in the professional use of the person's name on a...
- Texas Section 1001.404 - Eligibility For Appointed State Position
An engineer is eligible to hold any appointive engineering position with the state. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June...
- Texas Section 1001.405 - Practice By Business Entity; Registration
(a) In this section, "business entity" includes a sole proprietorship, firm, partnership, corporation, or joint stock association. (b) A business entity may not engage in...
- Texas Section 1001.406 - Graduate Engineers
(a) A graduate of a university recognized by the American Association of Colleges and Universities who has a degree from an engineering program accredited by...
SUBCHAPTER J PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES
- Texas Section 1001.407 - Construction Of Certain Public Works
The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety...
- Texas Section 1001.451 - Disciplinary Powers Of Board
On a determination that a ground for disciplinary action exists under Section 1001.452, the board may: (1) deny an application for a license; (2) revoke,...
- Texas Section 1001.452 - Grounds For Disciplinary Action
A person is subject to disciplinary action under Section 1001.451 for: (1) a violation of this chapter or a board rule; (2) fraud or deceit...
- Texas Section 1001.4525 - Probation
(a) If a person's license suspension is probated, the board may require the person to: (1) report regularly to the board on matters that are...
- Texas Section 1001.4526 - Restitution
(a) Subject to Subsection (b), the board may order a person licensed or registered under this chapter to pay restitution to a consumer as provided...
- Texas Section 1001.4527 - Recusal Of Board Member
(a) A board member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint: (1) may not vote on...
- Texas Section 1001.4528 - Emergency Suspension
(a) The board or a three-member panel of board members designated by the board shall temporarily suspend the license, certificate, or registration of a person...
- Texas Section 1001.453 - Review Of License Holder's Status
(a) The board by rule may review the status of a license holder the board believes: (1) may have been issued a license through fraud...
- Texas Section 1001.454 - Right To Hearing
(a) If the board proposes to suspend or revoke a person's license, the person is entitled to a hearing. (b) Proceedings for the suspension or...
- Texas Section 1001.455 - Appeal Of License Revocation
A person whose license has been revoked may file suit to annul or vacate the board's order revoking the license. The person may file the...
SUBCHAPTER K ADMINISTRATIVE PENALTY
- Texas Section 1001.456 - Reissuance Of Revoked License
The board may reissue a license to a person whose license has been revoked if the board has sufficient reason to reissue the license. At...
- Texas Section 1001.501 - Imposition Of Administrative Penalty
The board may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter. Added...
- Texas Section 1001.502 - Amount Of Administrative Penalty
(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation...
- Texas Section 1001.503 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
- Texas Section 1001.504 - Collection Of Penalty
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter...
- Texas Section 1001.505 - Determination By Court
(a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 1001.506 - Remittance Of Penalty And Interest
(a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall: (1) order the appropriate amount, plus...
SUBCHAPTER L OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 1001.508 - Administrative Procedure
(a) A proceeding under this subchapter is subject to Chapter 2001, Government Code. (b) The board shall adopt rules of procedure for imposing an administrative...
- Texas Section 1001.551 - Injunction
(a) In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from...
- Texas Section 1001.5511 - Cease And Desist Order
If it appears to the board that a person who is not licensed, certified, or registered under this chapter is violating this chapter, a rule...
- Texas Section 1001.552 - Criminal Penalty
(a) A person commits an offense if the person: (1) engages in the practice of engineering without being licensed or exempted from the licensing requirement...
- Texas Section 1001.553 - Report Of Violation
A public official shall report a violation of this chapter to the proper authorities. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff....
- Texas Section 1001.554 - Presentation Of Complaints By Board; Assistance At Trial
(a) A member of the board may present to a prosecuting officer a complaint relating to a violation of this chapter. (b) The board through...
- Texas Section 1001.555 - Attorney General As Legal Advisor; Representation By Attorney General
(a) The attorney general shall: (1) act as legal advisor of the board; (2) provide legal assistance to the board as necessary to enforce this...
SUBCHAPTER M ADVISORY OPINIONS
- Texas Section 1001.556 - Appeal Bond
The board is not required to give an appeal bond in a cause arising under this chapter. Added by Acts 2001, 77th Leg., ch. 1421,...
- Texas Section 1001.601 - Board Advisory Opinions
(a) On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion about: (1) an interpretation...
- Texas Section 1001.602 - Maintenance Of Opinions; Summary
The board shall: (1) number and classify each advisory opinion issued under this subchapter; and (2) annually compile a summary of the opinions in a...
- Texas Section 1001.603 - Attorney General's Opinions
The authority of the board to issue an advisory opinion under this subchapter does not affect the authority of the attorney general to issue an...
- Texas Section 1001.604 - Reliance On Advisory Opinion
It is a defense to prosecution or to imposition of a civil penalty that a person reasonably relied on a written advisory opinion of the...