HBA-TBM C.S.S.B. 697 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 697
By: Wentworth
Licensing & Administrative Procedures
5/8/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, licensed professional engineers are one of the few professional
or occupational groups in Texas that do not have mandatory continuing
education requirements.  Under current law, the Texas Board of Professional
Engineers (board) is authorized to administer a continuing education
program, but participation is voluntary.  C.S.S.B. 697 authorizes the board
by rule to require continuing education for a licensed professional
engineer, and to adopt rules regarding registration of engineering firms
that are sole proprietorships.   

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 1 (Section 8, Article 3271a, V.T.C.S.), SECTION 2
(Section 13, Article 3271a, V.T.C.S.), and SECTION 3 (Section 16.1, Article
3271a, V.T.C.S.) of this bill.   

ANALYSIS

C.S.S.B. 697 amends The Texas Engineering Practice Act to authorize the
Texas Board of Professional Engineers (board) by rule to require continuing
education for persons regulated by the board.  The bill prohibits rules
adopted from requiring a license holder to obtain more than eight hours of
continuing education in one year.  The bill requires that rules adopted
permit a license holder to certify at the time the license is renewed that
the license holder has complied with the board's continuing education
requirements. The bill requires that rules adopted permit a license holder
to receive continuing education credit for education, technical, ethical,
or professional management activities related to the practice of
engineering. The bill authorizes the board at the request of any person to
review a proposal for the procurement of services issued by a governmental
entity and issue a finding regarding whether the services are within the
scope of the practice of professional engineering.   

The bill authorizes the board by rule to adopt a registration fee for a
sole proprietorship that is equal to half of the registration fee for other
engineering firms, and by rule to adopt a system under which the
registration of a sole proprietorship expires on the same date the sole
proprietor's license expires.   

The bill provides that The Texas Engineering Practice Act does not apply to
a sole proprietorship, firm, partnership, joint stock association,
corporation, other business entity or the entity's employees or contractors
to the extent the entity's products or services:  

 _are provided or sold to an agency or department of the United States
government or the government of a foreign country and involve the design,
development, production, sale, or provision of defense products or
services;  

 _consist of or support commercial aircraft and the entity holds a
certificate issued by the Federal Aviation Administration; or  

  _consist of space vehicles or space services that are subject to
licensing or regulation by an agency or department of the United States
government or are for sale or use outside the United States.   


EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 697 differs from the original bill by authorizing the Texas Board
of Professional Engineers to adopt rules regarding registration of
engineering firms that are sole proprietorships.  The substitute also sets
forth entities to which The Texas Engineering Practice Act does not apply.