TITLE: Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials.

SUMMARY: Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials.

FULL TEXT:
AN ACT relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1001.501, Occupations Code, is amended to read as follows: Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) Except as provided by Subsection (b), the [The] board may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter. (b) The board may not impose an administrative penalty for a violation of this chapter on: (1) a political subdivision of the state; or (2) a public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. SECTION 2. Subchapter L, Chapter 1001, Occupations Code, is amended by adding Section 1001.5531 to read as follows: Sec. 1001.5531. ENFORCEMENT ACTION PROHIBITED AGAINST POLITICAL SUBDIVISIONS AND CERTAIN PUBLIC OFFICIALS. Notwithstanding any other provision, the board may not take any enforcement action for a violation of this chapter against: (1) a political subdivision of the state; or (2) a public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. SECTION 3. (a) The change in law made by this Act applies only to an administrative penalty assessed on or after the effective date of this Act. An administrative penalty assessed before the effective date of this Act is subject to the law in effect immediately before that date, and that law is continued in effect for that purpose. (b) Section 1001.5531, Occupations Code, as added by this Act, applies only to a violation for which an enforcement action is commenced on or after the effective date of this Act, regardless of when the violation occurred. An action commenced before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2011.