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 B. Exemptions › Section 1001.053. Public Works

Sec. 1001.053.  PUBLIC WORKS.  The following work is exempt from this chapter:
(1)  a public work that involves electrical or mechanical engineering, if the contemplated expense for the completed project is $8,000 or less;
(2)  a public work that does not involve electrical or mechanical engineering, if the contemplated expense for the completed project is $20,000 or less;  or
(3)  road maintenance or improvement undertaken by the commissioners court of a county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 273, Sec. 1, eff. June 18, 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 B. Exemptions › Section 1001.054. Federal Officer or Employee

Sec. 1001.054.  FEDERAL OFFICER OR EMPLOYEE.  An officer or employee of the United States is exempt from the licensing requirements of this chapter during the time the officer or employee is engaged in the practice of engineering for the United States in this 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 B. Exemptions › Section 1001.055. Mechanical, Electrical, or Other Equipment

Sec. 1001.055.  MECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT.  (a)  A person is exempt from the licensing requirements of this chapter if the person is installing, operating, repairing, or servicing a locomotive or stationary engine, steam boiler, diesel engine, internal combustion engine, refrigeration compressor or system, hoisting engine, electrical engine, air conditioning equipment or system, or mechanical, electrical, electronic, or communications equipment or apparatus.
(b)  This exemption does not permit a person to:
(1)  sign an engineering plan or specification if the person is not an engineer;  or
(2)  use the term "engineer" or "engineering" in any manner prohibited by this chapter.
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 B. Exemptions › Section 1001.056. Construction or Repair of and Plans for Certain Buildings

Sec. 1001.056.  CONSTRUCTION OR REPAIR OF AND PLANS FOR CERTAIN BUILDINGS.  (a)  A person, sole proprietorship, firm, partnership, joint stock association, or private corporation is exempt from the licensing requirements of this chapter if:
(1)  a representation that engineering services have been or will be offered to the public is not made or implied;  and
(2)  the person or entity is erecting, constructing, enlarging, altering, or repairing or is drawing plans or specifications for:
(A)  a private dwelling;
(B)  apartments not exceeding eight units for each building in the case of one-story buildings;
(C)  apartments not exceeding four units for each building and having a maximum height of two stories;
(D)  a garage or other structure pertinent to a building described by Paragraph (A), (B), or (C);
(E)  a private building to be used exclusively for:
(i)  farm, ranch, or agricultural purposes;  or
(ii)  storage of raw agricultural commodities;  or
(F)  a building having no more than one story that:
(i)  is not a building exempt from the licensing requirements of this chapter under Section 1001.053 or subject to Section 1001.407;
(ii)  has a total floor area of not more than 5,000 square feet;  and
(iii)  does not contain a clear span between supporting structures greater than 24 feet on the narrow side.
(b)  If a structure described by Subsections (a)(2)(F)(i) and (ii) contains unsupported spans greater than 24 feet, only the trusses, beams, or other roof supporting members must be engineered or pre-engineered.
(c)  The exemption provided by this section does not apply to a person or entity that is:
(1)  providing engineering design or inspection services necessary to comply with windstorm certification standards for a residential dwelling under Subchapter F, Chapter 2210, Insurance Code; or
(2)  providing engineering design relating to constructing, enlarging, altering, or repairing, or drawing plans or specifications for, a residential dwelling slab located on expansive soil that meets the expansive soil classification provisions of the International Residential Code as applied in the jurisdiction in which the residential dwelling is located, unless the construction, enlargement, alteration, repair, or drawing of plans or specifications meets the International Residential Code requirements as applied in the jurisdiction in which the residential dwelling is located.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649), Sec. 1, eff. June 19, 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 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter B. Exemptions › Section 1001.057. Employee of Private Corporation or Business Entity

Sec. 1001.057.  EMPLOYEE OF PRIVATE CORPORATION OR BUSINESS ENTITY.  (a)  This chapter shall not be construed to apply to the activities of a private corporation or other business entity, or the activities of the full-time employees or other personnel under the direct supervision and control of the business entity, on or in connection with:
(1)  reasonable modifications to existing buildings, facilities, or other fixtures to real property not accessible to the general public and which are owned, leased, or otherwise occupied by the entity;  or
(2)  activities related only to the research, development, design, fabrication, production, assembly, integration, or service of products manufactured by the entity.
(b)  A person who claims an exemption under this section and who is determined to have directly or indirectly represented the person as legally qualified to engage in the practice of engineering or who is determined to have violated Section 1001.301 may not claim an exemption until the 10th anniversary of the date the person made that representation.
(c)  This exemption does not prohibit:
(1)  a licensed professional engineer who intends to incorporate manufactured products into a fixed work, system, or facility that is being designed by the licensee on public property or the property of others from requiring the manufacturer to have plans or specifications signed and sealed by a licensed professional engineer;  or
(2)  the board from requiring, by rule, that certain manufactured products delivered to or used by the public must be designed and sealed by a licensed professional engineer, if necessary to protect the public health, safety, and welfare.
(d)  For purposes of this section, "products manufactured by the entity" also includes computer software, firmware, hardware, semiconductor devices, and the production, exploration, and transportation of oil and gas and related products.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 3, 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 B. Exemptions › Section 1001.058. Employee of Certain Utilities or Affiliates

Sec. 1001.058.  EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES.  (a)  A regular full-time employee of a privately owned public utility or cooperative utility or of the utility's affiliate is exempt from the licensing requirements of this chapter if the employee:
(1)  performs services exclusively for the utility or affiliate;  and
(2)  does not have the final authority to approve, or the ultimate responsibility for, engineering designs, plans, or specifications that are to be:
(A)  incorporated into fixed works, systems, or facilities on the property of others;  or
(B)  made available to the public.
(b)  A person who claims an exemption under this section and who is determined to have directly or indirectly represented the person as legally qualified to engage in the practice of engineering or who is determined to have violated Section 1001.301 may not claim an exemption until the 10th anniversary of the date the person made that representation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 4, 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 B. Exemptions › Section 1001.059. Qualified Scientists

Sec. 1001.059.  QUALIFIED SCIENTISTS.  A qualified scientist engaged in scientific research and investigation of the physical or natural sciences is exempt from the licensing requirements of this chapter.  This exemption includes the usual work and activities of a meteorologist, seismologist, geologist, chemist, geochemist, physicist, or geophysicist.
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 B. Exemptions › Section 1001.060. Soil and Water Conservation

Sec. 1001.060.  SOIL AND WATER CONSERVATION.  Agricultural work performed in carrying out soil and water conservation practices is exempt from this chapter.
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 B. Exemptions › Section 1001.061. Telephone Companies

Sec. 1001.061.  TELEPHONE COMPANIES.  (a)  An operating telephone company, an affiliate of the company, or an employee of the company or affiliate is exempt from this chapter with respect to any plan, design, specification, or service that relates strictly to the science and art of telephony.
(b)  This exemption includes the use of a job title or personnel classification by a person included under Subsection (a) if the person does not use:
(1)  the title or classification in connection with an offer to the public to perform engineering services;  and
(2)  a name, title, or word that tends to convey the impression that a person not licensed under this chapter is offering to the public to perform engineering services.
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 B. Exemptions › Section 1001.062. Certain Employees Working From Engineer's Plans

Sec. 1001.062.  CERTAIN EMPLOYEES WORKING FROM ENGINEER'S PLANS.  (a)  A regular full-time employee of a private business entity who is engaged in erecting, constructing, enlarging, altering, repairing, rehabilitating, or maintaining an improvement to real property in accordance with plans or specifications that have an engineer's seal is exempt from this chapter.
(b)  This exemption includes the use of a job title or personnel classification by the employee if the employee does not use the title or classification in connection with an offer to the public to perform engineering services.
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 B. Exemptions › Section 1001.063. Architects, Landscape Architects, and Interior Designers

Sec. 1001.063.  ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS.  This chapter or a rule adopted under this chapter does not prevent or otherwise restrict a person licensed as an architect under Chapter 1051, a landscape architect under Chapter 1052, or an interior designer under Chapter 1053 from performing an act, service, or work that is within the definition of the person's practice under those chapters.
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 B. Exemptions › Section 1001.064. State Land Surveyors

Sec. 1001.064.  STATE LAND SURVEYORS.  A licensed state land surveyor is exempt from the requirements of this chapter regulating the practice of engineering in performing the state land surveyor's duties.
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. 1.05, 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 B. Exemptions › Section 1001.065. Employees of Institutions of Higher Education

Sec. 1001.065.  EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.  (a)  In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(b)  An employee of an institution of higher education or a private or independent institution of higher education who is performing research or instructional work within the scope of the person's employment by the institution is exempt from the licensing requirements of this chapter.
Acts 2003, 78th Leg., ch. 1276, Sec. 14A.002(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 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter B. Exemptions › Section 1001.066. Certain Nasa-Related Activities

Sec. 1001.066.  CERTAIN NASA-RELATED ACTIVITIES.  This chapter does not:
(1)  apply to a business entity or the business entity's employees to the extent that the entity's products or services consist of space vehicles or space services provided to, or space technology transfer programs required by, the National Aeronautics and Space Administration;  or
(2)  prohibit the use of the term "engineer" or "engineering" in a job title or personnel classification by an employee described by Subdivision (1) to the extent that the use of the title or classification is related to activities described by that subdivision.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 5, 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 B. Exemptions › Section 1001.067. Certain Fire Department Employees

Sec. 1001.067.  CERTAIN FIRE DEPARTMENT EMPLOYEES.  This chapter does not prohibit the professional use of the term "fire engineer" by a member of a fire department in a municipality with a population of one million or more that has adopted Chapter 143, Local Government Code, and to which Subchapter G of that chapter does not generally apply, who:
(1)  holds the position of fire apparatus operator; and
(2)  is not otherwise engaged in the practice of engineering.
Added by Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649), Sec. 2, eff. June 19, 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 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter B. Exemptions › Section 1001.068. Certain Out-of-State Engineers Engaged in Evaluating Oil and Gas Resources

Sec. 1001.068.  CERTAIN OUT-OF-STATE ENGINEERS ENGAGED IN EVALUATING OIL AND GAS RESOURCES. (a) In this section, "evaluation of oil and gas resources" includes:
(1)  the quantification of the volume of oil and gas reserves and resources in the subsurface of the earth;
(2)  the determination of production forecasts for the reserves or resources; and
(3)  the evaluation of the economic impact of the production forecasts.
(b)  This chapter does not apply to the evaluation of oil and gas resources if the evaluation:
(1)  is done by an engineer licensed in a state that does not prohibit engineers licensed under this chapter from engaging in the evaluation of oil and gas resources in that state;
(2)  does not involve design, construction, or engineering assessments on the surface; and
(3)  does not present a risk to public health or safety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 161 (H.B. 2067), Sec. 1, eff. May 28, 2011.
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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.101. Board Membership

Sec. 1001.101.  BOARD MEMBERSHIP.  (a)  The Texas Board of Professional Engineers and Land Surveyors consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  five engineers;
(2)  one land surveyor; and
(3)  three members who represent the public.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.07, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.1011. Ex Officio Member

Sec. 1001.1011.  EX OFFICIO MEMBER.  The commissioner of the General Land Office or a licensed state land surveyor employee of the General Land Office designated by the commissioner as director of surveying shall serve as an ex officio, nonvoting member of the board.
Added by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.08, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.102. Member Eligibility

Sec. 1001.102.  MEMBER ELIGIBILITY.  (a)  A person may not be a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in the field of engineering or land surveying;
(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.
(b)  An engineer member of the board must:
(1)  be a citizen of the United States and a resident of this state for at least 10 years before the date of appointment;  and
(2)  have been engaged in the practice of engineering for at least 10 years before the date of appointment.
(c)  For purposes of Subsection (b)(2), a person who has graduated from an approved engineering school may be considered to have engaged in the practice of engineering for two years.
(d)  A land surveyor member of the board:
(1)   must be:
(A)  a licensed state land surveyor actively engaged in the practice of state land surveying for not less than the five years preceding appointment; or
(B)  a registered professional land surveyor actively engaged in the practice of professional surveying in this state for not less than the five years preceding appointment; and
(2)  may not be licensed as an engineer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.09, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.103. Membership and Employee Restrictions

Sec. 1001.103.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(a-1)  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 for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of engineering or land surveying; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of engineering or land surveying.
(b)  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 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.10, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.104. Terms; Vacancy

Sec. 1001.104.  TERMS;  VACANCY.  (a)  Board members serve staggered six-year terms, with the terms of one-third of the members expiring each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.105. Participation of Public Members

Sec. 1001.105.  PARTICIPATION OF PUBLIC MEMBERS.  (a)  The board by majority vote may limit the participation of public members in evaluating license, registration, or certification applications.
(b)  This section does not apply to the evaluation of license, registration, or certification applications at an official meeting of the board.
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. 1.11, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.106. Grounds for Removal

Sec. 1001.106.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Sections 1001.101 and 1001.102;
(2)  does not maintain during service on the board the qualifications required by Sections 1001.101 and 1001.102;
(3)  is ineligible for membership under Section 1001.102 or 1001.103;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote 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 next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 9, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.107. Per Diem

Sec. 1001.107.  PER DIEM. Each board member, other than the commissioner of the General Land Office, is entitled to receive a per diem as set by the General Appropriations Act for each day that the member engages in the business of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 837 (H.B. 899), Sec. 1, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.12, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.108. Officers

Sec. 1001.108.  OFFICERS.  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor.  The board shall elect annually from its members an assistant presiding officer, a treasurer, and a secretary.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 837 (H.B. 899), Sec. 2, 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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.110. Meetings

Sec. 1001.110.  MEETINGS.  The board shall hold at least two regular meetings each year.  Special meetings shall be held at the time provided by the board's bylaws.
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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.111. Filing of Oath

Sec. 1001.111.  FILING OF OATH.  Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.
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 C. Texas Board of Professional Engineers and Land Surveyors › Section 1001.112. Training

Sec. 1001.112.  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)  this chapter and Chapter 1071;
(2)  the programs operated by the board;
(3)  the role and functions of the board;
(4)  the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the board;
(6)  the results of the most recent formal audit of the board;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code; and
(D)  other laws relating to public officials, including conflict-of-interest laws; and
(8)  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.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.13, 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 D. Board Personnel › Section 1001.151. Personnel

Sec. 1001.151.  PERSONNEL.  (a)  The board shall employ clerical or other assistants as necessary to perform the board's work.
(b)  A salary paid under this section may not exceed the salary paid for similar work in other departments.
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 D. Board Personnel › Section 1001.152. Career Ladder Program; Performance Evaluations

Sec. 1001.152.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of each nonentry level position with the board at least 10 days before the date of any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations of the board's employees based on measurable job tasks.  All merit pay authorized by the executive director must be based on the system established under this subsection.
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 D. Board Personnel › Section 1001.153. Division of Responsibilities

Sec. 1001.153.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, 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 D. Board Personnel › Section 1001.154. Qualifications and Standards of Conduct Information

Sec. 1001.154.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, 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 D. Board Personnel › Section 1001.155. Equal Employment Opportunity Policy; Report

Sec. 1001.155.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 12, 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 E. Board Powers and Duties › Section 1001.201. General Powers and Duties

Sec. 1001.201.  GENERAL POWERS AND DUTIES.  (a) The board shall administer and enforce this chapter and Chapter 1071.
(b)  The board may spend money for any purpose the board considers reasonably necessary for the proper performance of its duties under this chapter and 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. 1.14, 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 E. Board Powers and Duties › Section 1001.202. Rules

Sec. 1001.202.  RULES.  The board may adopt and enforce any rule or bylaw necessary to perform its duties, govern its proceedings, and regulate the practice of engineering and land surveying.
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. 1.15, 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 E. Board Powers and Duties › Section 1001.203. Rules Restricting Advertising or Competitive Bidding

Sec. 1001.203.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The board by rule shall prescribe standards for compliance with Subchapter A, Chapter 2254, Government Code.
(b)  Except as provided by Subsection (a), the board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices.
(c)  In its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board, the board may not include a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the use of the person's personal appearance or voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person; or
(4)  restricts the person's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.16, 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 E. Board Powers and Duties › Section 1001.2035. Rules on Consequences of Criminal Conviction

Sec. 1001.2035.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.  The board shall adopt rules and guidelines as necessary to comply with Chapter 53.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 14, 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 E. Board Powers and Duties › Section 1001.204. Fees

Sec. 1001.204.  FEES.  (a)  The board shall establish fees in amounts reasonable and necessary to cover the costs of administering this chapter and Chapter 1071, including:
(1)  license, registration, and certification fees;
(2)  renewal fee and late renewal fee;
(3)  reciprocal license fee;
(4)  duplicate license fee;
(5)   roster fee;
(6)  examination fee; and
(7)  inactive status fee.
(b)  Fee revenue may not exceed the amount reasonable and necessary to administer this chapter and Chapter 1071.
(c)  General revenue of the state may not be used to pay the costs of administering this chapter and Chapter 1071 in an amount that exceeds the amount of fees received under this chapter and Chapter 1071.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 15, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 259 (H.B. 1817), Sec. 2, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.17, 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 E. Board Powers and Duties › Section 1001.205. Reduced Fees: Elderly, Disabled, Inactive Status

Sec. 1001.205.  REDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS. (a) For purposes of this section, a person is disabled if the person has a mental or physical impairment that substantially limits the ability of the person to earn a living as an engineer or land surveyor, other than an impairment caused by a current addiction to the use of alcohol or an illegal drug or controlled substance.
(b)  The board by rule may adopt reduced license fees and renewal fees for engineers and land surveyors who are:
(1)  at least 65 years of age; or
(2)  disabled and not actively engaged in the practice of engineering or land surveying.
(c)  A person entitled to reduced fees under Subsection (b)(2) shall notify the board that the person has resumed the active practice of engineering or land surveying not later than the 15th day after the date the person resumes active practice.
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. 1.18, 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 E. Board Powers and Duties › Section 1001.207. Standards of Conduct and Ethics

Sec. 1001.207.  STANDARDS OF CONDUCT AND ETHICS.  The board may establish standards of conduct and ethics for engineers and land surveyors in keeping with the purposes and intent of this chapter and Chapter 1071 and to ensure strict compliance with and enforcement of this chapter and 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. 1.19, 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 E. Board Powers and Duties › Section 1001.208. Roster of Engineers and Land Surveyors

Sec. 1001.208.  ROSTER OF ENGINEERS AND LAND SURVEYORS.  (a)  The board shall prepare and publish a roster of persons, including business entities, licensed, registered, certified, or enrolled by the board.  The roster shall include the name, business address, and other identifying information required by board rule.
(b)  The board shall make the roster available to the public without cost in an online computer database format.
(c)  The board shall provide a physical copy of the roster on request and may charge a reproduction and shipping fee for providing a physical copy of the roster.
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. 1.20, 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 E. Board Powers and Duties › Section 1001.209. Register of Applicants

Sec. 1001.209.  REGISTER OF APPLICANTS.  The board shall maintain a register of each application for a license or registration under this chapter or Chapter 1071 that shows:
(1)  the name, age, and residence of each applicant;
(2)  the date of the application;
(3)  the applicant's place of business;
(4)  the applicant's educational and other qualifications;
(5)  whether an examination was required;
(6)  whether the applicant was issued or denied a license or registration;
(7)  the date of board action; and
(8)  any other information the board considers necessary.
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. 1.21, eff. September 1, 2019.