reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter I. Practice of Engineering › Section 1001.403. Professional Identification

Sec. 1001.403.  PROFESSIONAL IDENTIFICATION.  A person licensed under this chapter shall use the term "Engineer," "Professional Engineer," or "P.E." in the professional use of the person's name on a sign, directory, listing, document, contract, pamphlet, stationery, advertisement, signature, or another similar written or printed form of identification.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter I. Practice of Engineering › Section 1001.404. Eligibility for Appointed State Position

Sec. 1001.404.  ELIGIBILITY FOR APPOINTED STATE POSITION.  An engineer is eligible to hold any appointive engineering position with the state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter I. Practice of Engineering › Section 1001.406. Graduate Engineers

Sec. 1001.406.  GRADUATE ENGINEERS.  (a)  A graduate of a university recognized by the American Association of Colleges and Universities who has a degree from an engineering program accredited by the Accreditation Board for Engineering and Technology (ABET) has the right to:
(1)  disclose any college degree received by the person;  and
(2)  use the term "graduate engineer" on the person's stationery or business cards or in personal communications of any character.
(b)  A graduate engineer who is employed in a firm registered under this chapter and who is working under the direct supervision of a licensed professional engineer may use the term "engineer" on the person's stationery or business cards or in personal communications of any character.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 30, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter I. Practice of Engineering › Section 1001.407. Construction of Certain Public Works

Sec. 1001.407.  CONSTRUCTION OF CERTAIN PUBLIC WORKS.  The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless:
(1)  the engineering plans, specifications, and estimates have been prepared by an engineer;  and
(2)  the engineering construction is to be performed under the direct supervision of an engineer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.451. Disciplinary Powers of Board

Sec. 1001.451.  DISCIPLINARY POWERS OF BOARD.  On a determination that a ground for disciplinary action exists under Section 1001.452, the board may:
(1)  deny an application for a license;
(2)  revoke, suspend, or refuse to renew a license;
(3)  probate the suspension of a license;  or
(4)  formally or informally reprimand a license holder.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.452. Grounds for Disciplinary Action

Sec. 1001.452.  GROUNDS FOR DISCIPLINARY ACTION.  A person is subject to disciplinary action under Section 1001.451 for:
(1)  a violation of this chapter or a board rule adopted under this chapter;
(2)  fraud or deceit in obtaining a license;
(3)  a documented instance of retaliation by an applicant against an individual who has served as a reference for that applicant;
(4)  gross negligence, incompetency, or misconduct in the practice of engineering; or
(5)  a failure to timely provide plans or specifications to the Texas Department of Licensing and Regulation as required by Chapter 469, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.41, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.4525. Probation

Sec. 1001.4525.  PROBATION.  (a)  If a person's license suspension is probated, the board may require the person to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the board;  or
(3)  continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
(b)  The board by rule shall adopt written guidelines to ensure that probation is administered consistently.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 31, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.4526. Restitution

Sec. 1001.4526.  RESTITUTION.  (a)  Subject to Subsection (b), the board may order a person licensed or registered under this chapter to pay restitution to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.
(b)  The amount of restitution ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the person for a service regulated by this chapter.  The board may not require payment of other damages or estimate harm in a restitution order.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 31, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.4527. Recusal of Board Member

Sec. 1001.4527.  RECUSAL OF BOARD MEMBER.  (a)  A board member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint:
(1)  may not vote on the matter at a board meeting related to the complaint; and
(2)  shall state at the meeting why the member is prohibited from voting on the matter.
(b)  A statement under Subsection (a)(2) shall be entered into the minutes of the meeting.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 31, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 837 (H.B. 899), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.4528. Emergency Suspension

Sec. 1001.4528.  EMERGENCY SUSPENSION.  (a)  The board or a three-member panel of board members designated by the board shall temporarily suspend the license, certificate, or registration of a person if the board or panel determines from the evidence or information presented to it that continued practice by the person would constitute a continuing and imminent threat to the public welfare.
(b)  A license, certificate, or registration may be suspended under this section without notice or hearing on the complaint if:
(1)  action is taken to initiate proceedings for a hearing before the State Office of Administrative Hearings simultaneously with the temporary suspension; and
(2)  a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code.
(c)  The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 14th day after the date of the temporary suspension to determine if there is probable cause to believe that a continuing and imminent threat to the public welfare still exists.  A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension.
Added by Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.453. Review of License Holder's Status

Sec. 1001.453.  REVIEW OF LICENSE HOLDER'S STATUS.  (a)  The board by rule may review the status of a license holder the board believes:
(1)  may have been issued a license through fraud or error;  or
(2)  may constitute a threat to the public health, safety, or welfare.
(b)  The board may suspend or revoke a license held by a person whose status is reviewed under this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.454. Right to Hearing

Sec. 1001.454.  RIGHT TO HEARING.  (a)  If the board proposes to suspend or revoke a person's license, the person is entitled to a hearing.
(b)  Proceedings for the suspension or revocation of a license are governed by Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.455. Appeal of License Revocation

Sec. 1001.455.  APPEAL OF LICENSE REVOCATION.  A person whose license has been revoked may file suit to annul or vacate the board's order revoking the license.  The person may file the suit in the district court of the county in which:
(1)  the person resides;  or
(2)  the alleged conduct that is the ground for revocation occurred.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter J. Prohibited Practices and Disciplinary Procedures › Section 1001.456. Reissuance of Revoked License

Sec. 1001.456.  REISSUANCE OF REVOKED LICENSE.  The board may reissue a license to a person whose license has been revoked if the board has sufficient reason to reissue the license.  At least six board members must vote for reissuance of the license.  A new license may be issued in accordance with board rules.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter K. Administrative Penalty › Section 1001.501. Imposition of Administrative Penalty

Sec. 1001.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The board may impose an administrative penalty on a person who violates this chapter or Chapter 1071 or a rule adopted or order issued under this chapter or Chapter 1071.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.42, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter K. Administrative Penalty › Section 1001.502. Amount of Administrative Penalty

Sec. 1001.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The amount of an administrative penalty may not exceed:
(1)  $5,000 for each violation of this chapter or a rule adopted or order issued under this chapter; and
(2)  $1,500 for each violation of Chapter 1071 or a rule adopted or order issued under Chapter 1071.
(a-1)  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of the prohibited act;  and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts or resistance to efforts to correct the violation;  and
(6)  any other matter that justice may require.
(c)  The board may include in the amount of the penalty the actual costs of investigating and prosecuting the violation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 8, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.43, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter K. Administrative Penalty › Section 1001.503. Options Following Decision: Pay or Appeal

Sec. 1001.503.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond that is approved by the court and that is:
(i)  for the amount of the penalty;  and
(ii)  effective until judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or give a supersedeas bond.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter K. Administrative Penalty › Section 1001.504. Collection of Penalty

Sec. 1001.504.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter K. Administrative Penalty › Section 1001.505. Determination by Court

Sec. 1001.505.  DETERMINATION BY COURT.  (a)  If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If a court does not sustain the determination that a violation occurred, the court shall order that an administrative penalty is not owed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter K. Administrative Penalty › Section 1001.506. Remittance of Penalty and Interest

Sec. 1001.506.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall:
(1)  order the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond:
(A)  if the person gave a supersedeas bond and the penalty is not upheld by the court;  or
(B)  after the person pays the penalty if the person gave a supersedeas bond and the penalty is reduced.
(b)  The interest paid under Subsection (a)(1) is at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter K. Administrative Penalty › Section 1001.508. Administrative Procedure

Sec. 1001.508.  ADMINISTRATIVE PROCEDURE.  (a)  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
(b)  The board shall adopt rules of procedure for imposing an administrative penalty.  The rules must conform to the requirements of Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter L. Other Penalties and Enforcement Provisions › Section 1001.551. Injunction

Sec. 1001.551.  INJUNCTION.  (a)  In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from violating this chapter or Chapter 1071 or a board rule adopted under this chapter or Chapter 1071.
(b)  An action under this section must be brought in a district court of Travis County.
(c)  To sustain an action under this section, the board is not required to allege or prove that:
(1)  an adequate remedy at law does not exist;  or
(2)  substantial or irreparable damage would result from the continued violation.
(d)  In an action for an injunction under this section, the defendant may assert and prove as a complete defense to the action that the board deprived the defendant of a license, certificate, or registration by a board action or proceeding that was:
(1)  arbitrary or capricious;
(2)  contrary to law; or
(3)  conducted without due process of law.
(e)  Either party to an action under this section may appeal to the appellate court with jurisdiction of the action.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.44, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter L. Other Penalties and Enforcement Provisions › Section 1001.5511. Cease and Desist Order

Sec. 1001.5511.  CEASE AND DESIST ORDER.  If it appears to the board that a person who is not licensed, certified, or registered under this chapter or Chapter 1071 is violating this chapter or Chapter 1071, a rule adopted under this chapter or Chapter 1071, or another state statute or rule relating to the practice of engineering or land surveying, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 9, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.45, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter L. Other Penalties and Enforcement Provisions › Section 1001.552. Criminal Penalty

Sec. 1001.552.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  engages in the practice of engineering without being licensed or exempted from the licensing requirement under this chapter;
(2)  violates this chapter with respect to the regulation of engineering;
(3)  presents or attempts to use as the person's own the engineering license or seal of another; or
(4)  gives false evidence of any kind to the board or a board member in obtaining an engineering license.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.46, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter L. Other Penalties and Enforcement Provisions › Section 1001.553. Report of Violation

Sec. 1001.553.  REPORT OF VIOLATION.  A public official shall report a violation of this chapter or Chapter 1071 to the proper authorities.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.47, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter L. Other Penalties and Enforcement Provisions › Section 1001.554. Presentation of Complaints by Board; Assistance at Trial

Sec. 1001.554.  PRESENTATION OF COMPLAINTS BY BOARD; ASSISTANCE AT TRIAL.  (a)  A member of the board may present to a prosecuting officer a complaint relating to a violation of this chapter or Chapter 1071.
(b)  The board through its members, officers, counsel, and agents and subject to the control of the prosecuting officer may assist in the trial of a case involving an alleged violation of this chapter or Chapter 1071.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.48, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter L. Other Penalties and Enforcement Provisions › Section 1001.555. Attorney General as Legal Advisor; Representation by Attorney General

Sec. 1001.555.  ATTORNEY GENERAL AS LEGAL ADVISOR;  REPRESENTATION BY ATTORNEY GENERAL.  (a)  The attorney general shall:
(1)  act as legal advisor of the board;
(2)  provide legal assistance to the board as necessary to enforce this chapter or Chapter 1071 and make those laws effective; and
(3)  represent the board in an action brought to enforce this chapter or Chapter 1071.
(b)  This section does not affect the duties of local prosecuting officers.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.49, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter L. Other Penalties and Enforcement Provisions › Section 1001.556. Appeal Bond

Sec. 1001.556.  APPEAL BOND.  The board is not required to give an appeal bond in a cause arising under this chapter or Chapter 1071.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.50, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter M. Advisory Opinions › Section 1001.601. Board Advisory Opinions

Sec. 1001.601.  BOARD ADVISORY OPINIONS.  (a)  On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion about:
(1)  an interpretation of this chapter; or
(2)  the application of this chapter to a person in regard to a specified existing or hypothetical factual situation.
(b)  The board shall respond to requests for opinions within 180 days unless the board affirmatively states the board's reason:
(1)  for not responding to the request within 180 days; or
(2)  for not responding to the request at all.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 259 (H.B. 1817), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter M. Advisory Opinions › Section 1001.602. Maintenance of Opinions; Summary

Sec. 1001.602.  MAINTENANCE OF OPINIONS;  SUMMARY.  The board shall:
(1)  number and classify each advisory opinion issued under this subchapter;  and
(2)  annually compile a summary of the opinions in a single reference document that is available on the Internet.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter M. Advisory Opinions › Section 1001.603. Attorney General's Opinions

Sec. 1001.603.  ATTORNEY GENERAL'S OPINIONS.  The authority of the board to issue an advisory opinion under this subchapter does not affect the authority of the attorney general to issue an opinion as authorized by law.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter M. Advisory Opinions › Section 1001.604. Reliance on Advisory Opinion

Sec. 1001.604.  RELIANCE ON ADVISORY OPINION.  It is a defense to prosecution or to imposition of a civil penalty that a person reasonably relied on a written advisory opinion of the board relating to:
(1)  the provision of the law the person is alleged to have violated;  or
(2)  a fact situation that is substantially similar to the fact situation in which the person is involved.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter A. General Provisions › Section 1002.001. Short Title

Sec. 1002.001.  SHORT TITLE.  This chapter may be cited as the Texas Geoscience Practice Act.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter A. General Provisions › Section 1002.002. Definitions

Sec. 1002.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Board of Professional Geoscientists.
(2)  "Certified geoscientist" means a geoscientist who has been certified in a discipline of geoscience by a professional organization, society, or association that maintains a certification program.
(3)  "Geoscience" means the science of the earth and its origin and history, the investigation of the earth's environment and its constituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the earth.
(3-a)  "Geoscience firm" means a firm, corporation, or other business entity as defined by the board and registered by the board to engage in the public practice of geoscience.
(4)  "Geoscientist" means a person qualified to engage in the public practice of geoscience because of the person's knowledge, acquired through education and practical experience, of geoscience, mathematics, and the supporting physical, chemical, mineralogical, morphological, and life sciences.
(4-a)  "Geoscientist in training" means a person registered by the board on the basis of education and who meets other requirements established by the board but who is not fully qualified to become a licensed geoscientist under this chapter.
(5)  "Licensed geoscientist" or "professional geoscientist" means a person who holds a license issued by the board under this chapter.
(6)  "Practice for the public":
(A)  means providing professional geoscientific services:
(i)  for a governmental entity in this state;
(ii)  to comply with a rule established by this state or a political subdivision of this state;  or
(iii)  for the public or a firm or corporation in this state if the practitioner assumes the ultimate liability for the work product;  and
(B)  does not include services provided for the express use of a firm or corporation by an employee or consultant if the firm or corporation assumes the ultimate liability for the work product.
(7)  "Public practice of geoscience" means the practice for the public of geoscientific services or work, including consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work and the responsible supervision of those tasks.
(8)  "Responsible charge" means the independent control and direction of geoscientific work or the supervision of geoscientific work by the use of initiative, skill, and independent judgment.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 504 (S.B. 940), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter A. General Provisions › Section 1002.003. Application of Sunset Act

Sec. 1002.003.  APPLICATION OF SUNSET ACT.  The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 4.01, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.07, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.14, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.051. Board Membership

Sec. 1002.051.  BOARD MEMBERSHIP.  (a)  The Texas Board of Professional Geoscientists shall administer this chapter.
(b)  The board is composed of nine members appointed by the governor with the advice and consent of the senate.
(c)  Six members of the board must be licensed geoscientists.
(d)  Three members of the board must be members of the public.
(e)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.052. Member Eligibility

Sec. 1002.052.  MEMBER ELIGIBILITY.  (a)  A member of the board must:
(1)  be a citizen of the United States;
(2)  have been a resident of this state for at least the three years preceding appointment;  and
(3)  be at least 25 years of age.
(b)  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in a discipline of geoscience;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board;  or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.053. Membership and Employee Restrictions

Sec. 1002.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "society or trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used in Section 13, Fair Labor Standards Act of 1938 (29 U.S.C. Section 213), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a society or trade association in a discipline of geoscience;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a society or trade association in a discipline of geoscience.
(c)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.054. Terms

Sec. 1002.054.  TERMS.  (a)  Members of the board serve staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year.
(b)  A member of the board may not serve more than two consecutive full terms.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.055. Grounds for Removal

Sec. 1002.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  is no longer qualified for appointment to the board;
(2)  engages in misconduct, is determined to be incompetent, neglects the member's official duties, or engages in malfeasance;
(3)  commits a violation of this chapter resulting in disciplinary action or a felony;  or
(4)  fails without excuse to attend at least half of the regularly scheduled meetings held in a calendar year while the member is a member of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the assistant presiding officer, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.056. Reimbursement for Travel Expenses

Sec. 1002.056.  REIMBURSEMENT FOR TRAVEL EXPENSES.  A member of the board is entitled to reimbursement for the travel expenses incurred by the member while conducting the business of the board, as provided by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.057. Officers

Sec. 1002.057.  OFFICERS.  (a)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.
(a-1)  The board shall elect biennially from its own membership an assistant presiding officer and a secretary-treasurer.  A member may not hold a position described by this subsection for more than two consecutive two-year periods.  A member serves in a position described by this subsection at the will of the board and may be removed from that position by a two-thirds majority vote of the board.
(b)  The board may appoint an assistant secretary and other assistants who are not members of the board to assist the board and exercise its authority in carrying out the board's powers and duties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.058. Office

Sec. 1002.058.  OFFICE.  The board shall maintain its office in Austin.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.059. Meetings

Sec. 1002.059.  MEETINGS.  The board shall hold at least two regular meetings in each calendar year.  A special meeting may be held at a time permitted by board rule.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter B. Texas Board of Professional Geoscientists › Section 1002.060. Training

Sec. 1002.060.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the board's programs, functions, rules, and budget;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the board regulates;
(B)  restricts advertising by persons in a profession or business the board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D)  restricts participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the board shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the board.  Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter C. Executive Director and Personnel › Section 1002.101. Executive Director

Sec. 1002.101.  EXECUTIVE DIRECTOR.  The board shall appoint an executive director, who shall be responsible for managing the day-to-day affairs of the board, including:
(1)  arranging for and supervising the necessary support, secretarial, and clerical services;
(2)  obtaining space for holding examinations, meetings, and conferences;
(3)  printing or purchasing examinations;
(4)  printing and mailing forms, information, and licenses;
(5)  sending notices, collecting fees, and issuing receipts;
(6)  conducting the correspondence of the board, including replying to routine requests for information;
(7)  maintaining the minutes and records of the board;
(8)  keeping records of receipts and disbursements;  and
(9)  providing necessary investigative services.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.