HBA-NLM C.S.H.B. 745 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 745
By: Eiland
Licensing & Administrative Procedures
4/30/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, professional engineers working in-house for corporations and
public utilities are exempted from paying a professional engineers fee.
However, other professionals, including doctors, lawyers, and accountants
are not exempted from paying professional fees when performing similar
in-house services. 

C.S.H.B. 745 repeals Section 13B(c), Article 3271a, V.T.C.S. (Texas
Engineering Practice Act), which provides exemptions from specified license
and renewal fees for certain licensed professional engineers.  In addition,
this bill deletes text providing that a person employed full time in the
engineering department of a private business entity or a  privately-owned
public utility or cooperative utility who carries the "in-house"
designation of "engineer" is exempt from the licensing requirements of the
Texas Engineering Practice Act.   However, the Texas Board of Professional
Engineers is required to adopt rules that provide for a waiver of the
technical examination requirement for a person who claims an exemption as a
person employed full time in the engineering department of a private
business entity or a  privately-owned public utility or cooperative
utility, who meets all of the other education, experience, and other
administrative requirements of the Texas Engineering Practice Act, and who
applies for a license after January 1, 2000. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Professional
Engineers in SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 20, Article 3271a, V.T.C.S. (Texas Engineering
Practice Act), as follows: 

(e) Deletes text providing that a person employed full time in the
engineering department of a private business entity who carries the
"in-house" designation of "engineer" is exempt from the licensing
requirements of the Texas Engineering Practice Act.    

(f) Deletes text providing that a person employed full time in the
engineering department of a privately-owned public utility or cooperative
utility who carries the "in-house" designation of "engineer" is exempt from
the licensing requirements of the Texas Engineering Practice Act. 

Redesignates existing Subsections (g)-(l) to (e)-(j).

SECTION 2.  Repealer: Section 13B(c), Article 3271a, V.T.C.S. (Texas
Engineering Practice Act). Section 13B(c) provides exemptions from certain
license and renewal fees for certain licensed professional engineers. 

SECTION 3.  (a) Effective date: September 1, 1999, except as provided by
Subsection (c). 

(b) Provides that the change in law made by this Act with regard to the
repeal of Section 13B(c), Article 3271a, V.T.C.S., applies to a license
fee, annual renewal fee, or reciprocal  license fee paid to the Texas Board
of Professional Engineers (board) that becomes due on or after that date. 

(c) Establishes January 1, 2001, as the effective date for the change in
law made by this Act to Section 20, Article 3271a, V.T.C.S. 

(d) Requires the board to adopt rules by January 1, 2001, that provide for
a waiver of the technical examination requirement for a person who claims
an exemption under Section 20(e) or (f), who meets all of the other
education, experience, and other administrative requirements of the Texas
Engineering Practice Act, and who applies for a license after January 1,
2000. 
         
SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 745 differs from the original bill in the caption by providing
that this Act relates to the regulation of the practice of engineering,
rather than to license and renewal fees paid by certain licensed
professional engineers. 

C.S.H.B. 745 differs from the original bill by redesignating SECTION 1 of
the original to SECTION 2.  

In new SECTION 1, the substitute amends Section 20, Article 3271(a),
V.T.C.S. (The Texas Engineering Practice Act), by deleting the existing
text of Subsections (e) and (f).  Subsection (e) provided that a person
employed full time in the engineering department of a private business
entity who carries the "in-house" designation of "engineer" was exempt from
the licensing requirements of the Texas Engineering Practice Act.
Subsection (f) provided that a person employed full time in the engineering
department of a privately-owned public utility or cooperative utility who
carries the "in-house" designation of "engineer" is exempt from the
licensing requirements of the Texas Engineering Practice Act.  Accordingly,
the substitute redesignates existing Subsections (g)-(l) to (e)-(j). 

C.S.H.B. 745 differs from the original bill by redesignating SECTION 2
(effective date) of the original to SECTION 3 and by amending it to specify
that the repeal of Section 13B(c), Article 3271(a), V.T.C.S., takes effect
September 1, 1999, while the change in law made to Section 20, Article
3271(a), V.T.C.S., takes effect January 1, 2001.  Under the original, the
effective date of the entire Act was September 1, 1999.  The substitute
also requires the Texas Board of Professional Engineers to adopt rules by
January 1, 2001, that provide for a waiver of the technical examination
requirement for a person who claims an exemption under Section 20(e) or
(f), who meets all of the other education, experience, and other
administrative requirements of the Texas Engineering Practice Act, and who
applies for a license after January 1, 2000.  The substitute makes
conforming changes. 

C.S.H.B. 745 differs from the original by redesignating SECTION 3
(emergency clause) of the original to SECTION 4.