HBA-MPA S.B. 1353 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1353
By: Barrientos
Licensing & Administrative Procedures
5/14/1999
Engrossed



BACKGROUND AND PURPOSE 

In June 1998, Texas became the first state to adopt software engineering as
a distinct discipline under which engineering licenses can be issued.
However, it has been proposed that prior to the licensure or regulation of
software engineers, the Texas Board of Professional Engineers should ensure
that a national examination for software engineers is developed and that
Texas has offered accredited degree programs long enough for applicants to
meet education and experience requirements of licensure.  S.B. 1353 creates
software engineering regulation. 

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 Article 3271a, V.T.C.S. (Texas Engineering Practice
Act), by adding Section 12.2, as follows: 

Sec.  12.2.  REGULATION OF SOFTWARE ENGINEERING.  (a) Requires the Texas
Board of Professional Engineers (board) to form an advisory committee of
individuals knowledgeable in  software engineering, computer science, and
consulting engineering. Requires the committee to: 

(1) review the rationale for licensing software engineers;
(2) develop a definition of software engineer that protects the public
health and safety; 
(3) consider the merits of licensing software engineers with or without an
examination; and 
(4) consider other issues relevant to the licensing of software engineers.

(b) Prohibits the board from issuing a license for software engineering
prior to implementation of the advisory committee's recommendations. 

(c) Authorizes a person who has completed a certification program regarding
the software of a particular software manufacturer to hold that
certification forth to the public, provided that any use of the term
engineer is accompanied by a disclaimer establishing that the person is not
licensed by the Texas Board of Professional Engineers. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.