HBA-ALS, ALS H.B. 1544 76(R)    
Office of House Bill AnalysisH.B. 1544
By: Haggerty
Licensing & Administrative Procedures
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Article 327(a), V.T.C.S. (the Texas Engineering Practice Act)
provides for the licensing of professional engineers and  regulation of
engineering firms.  Although these regulations exist, they are not widely
enforced due to the difficulty in tracking those persons and firms
purporting engage in the defined practice of engineering.   

Approximately 22 other states require engineering firms to obtain a
certificate of authorization and approximately 10 states require firms to
be registered with the state. The model licensing law of the National
Council of Examiners for Engineers and Surveying also contains such
provisions.  The purpose of this bill is to improve enforcement of
regulations and to protect the public.  
 
H.B. 1544 sets forth a registration requirement for firms engaging in the
practice of engineering in Texas, to register with the Texas Board of
Professional Engineers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Board of Professional Engineers
is modified in SECTION 2 (Section 16.1, Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act)) of this bill.    

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13(b), Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act), to require the Texas Board of Professional
Engineers (board) to establish a reasonable and necessary registration fee
for engineering firms, not to exceed $100.  

SECTION 2.  Amends Sections 16.1 and 17, Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act), as follows: 

Sec. 16.1.  New title: EXPIRATION DATES OF LICENSES AND REGISTRATIONS. Adds
"and registrations" to the existing title.  Makes a conforming change. 

Sec. 17. FIRMS, PARTNERSHIPS, CORPORATIONS AND JOINT STOCK ASSOCIATIONS.
(a) Authorizes a firm, co-partnership, corporation, or joint stock
association to engage in the practice of professional engineering if the
entity is registered with the board and the practice is only carried on by
professional engineers licensed in this state. Makes nonsubstantive
changes. 

(b) Provides that an entity must file an application with the board on a
form provided by the board in order to be registered under this section.
Provides that the application must list the names of specified persons. 

(c) Provides that the registration of an entity issued under this section
expires on the first anniversary of the date of issuance. 

SECTION 3.  Amends Section 18(a), Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act), to make a conforming change. 

SECTION 4.(a) Effective date: September 1, 1999. 
   
(b) Requires the board to adopt rules providing for the registration of
engineering entities no later than November 1, 1999. 

(c) Provides that Sections 17 and 18, Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act), takes effect January 1, 2000. 

SECTION 5.Emergency clause.