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.