HBA-MPA C.S.H.B. 2300 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2300
By: Hunter
Licensing & Administrative Procedures
4/25/1999
Committee Report (Substituted)






BACKGROUND AND PURPOSE 

Currently, the Texas Board of Professional Engineers publishes a paperback
roster of engineers once every two years and sends a free copy to each
engineer who requests one.  Section 11 of the Texas Engineering Practice
Act is written in a manner that appears to limit the roster to this type of
printed format.  Because the vast majority of the regulated community of
engineers regularly use the Internet, the board believes that it can
provide a higher level of service and more up-to-date information by
placing the roster "on-line."  Additionally, the board can reduce the
number of paperback rosters printed each biennium, which will help defray
the costs of putting the roster on-line.  Printed copies and floppy disks
will continue to be available at a nominal reproduction fee for those who
are unable to use the Internet format.  C.S.H.B. 2300 allows the Texas
Board of Professional Engineers to provide the public with direct access to
the most up-to-date copy of the roster by placing it where the most users
can access it -- on the Internet.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11, Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act), as follows: 

Sec.11. New title: ENGINEER ROSTER. (a) Requires the Texas Board of
Professional Engineers (board) to publish a roster of persons licensed,
registered, certified or enrolled by the board.  Requires the roster to
include names, business addresses, and other identifying information. 

(b) Requires the roster to be made available without cost to the public in
an online computer database format.   

(c) Requires the board  to  provide physical copies and authorizes it to
charge a reproduction and shipping fee.    

Deletes previous language requiring that the roster be provided without
charge to a licensed engineer, and that a copy be placed on file with the
secretary of state.  Makes conforming changes. 

SECTION 2.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2300 differs from the original bill in SECTION 1 (Section 11,
Article 3271a, V.T.C.S.), by reorganizing language from the original and
creating Subsection (a), (b), and (c) from new and  existing text.  The
substitute requires the board to publish a roster of certain persons,
rather thanpersons or business entities.  The substitute requires the board
to make physical copies of the roster available in proposed Subsection (c).
The substitute removes SECTION 2 (effective date: January 1, 2000) and
redesignates  SECTION 3 (short emergency clause) in the original bill as
SECTION 2 (long emergency clause) in the substitute.