TEXAS ENGINEERING AND LAND SURVEYING PRACTICE …

1 TBPELS Acts and Rules Page 1 of 109 Updated April 1, 2021 THE STATE OF TEXAS TEXAS ENGINEERING AND land SURVEYING PRACTICE ACTS AND RULES CONCERNING PRACTICE AND licensure TEXAS BOARD OF professional ENGINEERS AND land SURVEYORS 1917 S. INTERSTATE 35 AUSTIN, TX 78741-3702 Email: Website: Updated April 1, 2021 Lines to the left of the text indicate rules which have changed since the last publication was released on February 2, 2021. Changes to tables are indicated with a gray background. This statute and rule handbook is intended as a reference document only and all official statutes and rules are located at the links below: Official statute text available at: Official Rules in TEXAS Administrative Code available at: $ TBPELS Acts and Rules Page 2 of 109 Updated April 1, 2021 Table of Contents OCCUPATIONS CODE .. 10 TITLE 6. REGULATION OF ENGINEERING , ARCHITECTURE, land SURVEYING , AND RELATED PRACTICES 10 SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES.

2 10 CHAPTER 1001. TEXAS BOARD OF professional ENGINEERS AND land SURVEYORS .. 10 SUBCHAPTER A. GENERAL 10 SHORT TITLE.. 10 DEFINITIONS.. 10 PRACTICE OF ENGINEERING .. 10 PRACTICES OF ENGINEERING AND ARCHITECTURE.. 10 LEGISLATIVE PURPOSE AND INTENT; LIBERAL CONSTRUCTION OF CHAPTER.. 11 APPLICATION OF SUNSET ACT.. 12 SUBCHAPTER B. EXEMPTIONS .. 12 LIMITATION ON EXEMPTION.. 12 EMPLOYEE OF LICENSE HOLDER.. 12 PUBLIC WORKS.. 12 FEDERAL OFFICER OR EMPLOYEE.. 12 MECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT.. 12 CONSTRUCTION OR REPAIR OF AND PLANS FOR CERTAIN BUILDINGS.. 12 EMPLOYEE OF PRIVATE CORPORATION OR BUSINESS ENTITY.. 13 EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES.. 13 QUALIFIED SCIENTISTS.. 13 SOIL AND WATER 13 TELEPHONE COMPANIES.. 13 CERTAIN EMPLOYEES WORKING FROM ENGINEER S PLANS.. 14 ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS.. 14 STATE land SURVEYORS.. 14 EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.

3 14 CERTAIN NASA-RELATED ACTIVITIES.. 14 CERTAIN FIRE DEPARTMENT EMPLOYEES.. 14 CERTAIN OUT-OF-STATE ENGINEERS ENGAGED IN EVALUATING OIL AND GAS RESOURCES.. 14 SUBCHAPTER C. TEXAS BOARD OF professional ENGINEERS AND land SURVEYORS .. 14 BOARD MEMBERSHIP.. 15 EX OFFICIO MEMBER.. 15 MEMBER ELIGIBILITY.. 15 MEMBERSHIP AND EMPLOYEE RESTRICTIONS.. 15 TERMS; VACANCY.. 15 PARTICIPATION OF PUBLIC MEMBERS.. 15 GROUNDS FOR REMOVAL.. 16 PER DIEM.. 16 OFFICERS.. 16 MEETINGS.. 16 FILING OF OATH.. 16 TRAINING.. 16 SUBCHAPTER D. BOARD PERSONNEL .. 16 PERSONNEL.. 17 CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.. 17 DIVISION OF RESPONSIBILITIES.. 17 QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.. 17 EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.. 17 SUBCHAPTER E. BOARD POWERS AND 17 GENERAL POWERS AND DUTIES.. 17 RULES.. 17 RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.. 17 RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

4 18 FEES.. 18 TBPELS Acts and Rules Page 3 of 109 Updated April 1, 2021 REDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS.. 18 STANDARDS OF CONDUCT AND ETHICS.. 18 ROSTER OF ENGINEERS AND land SURVEYORS.. 18 REGISTER OF APPLICANTS.. 18 CONTINUING EDUCATION PROGRAMS FOR ENGINEERS.. 18 RECORDS.. 19 CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO APPLICATION.. 19 SUBPOENA.. 19 TECHNOLOGY POLICY.. 19 NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.. 19 ADVISORY COMMITTEES.. 20 SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT PROCEDURES .. 20 CONSUMER INTEREST INFORMATION.. 20 GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.. 20 COMPLAINT INFORMATION.. 21 STATISTICAL ANALYSIS OF COMPLAINTS.. 21 PUBLIC PARTICIPATION.. 21 SUBCHAPTER F-1. GENERAL LICENSE, REGISTRATION, AND CERTIFICATION 21 DEFINITION.. 21 CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

5 21 EXAMINATION DEVELOPMENT AND ADMINISTRATION.. 22 EXAMINATION RESULTS.. 22 REEXAMINATION.. 22 NOTICE OF LICENSE EXPIRATION.. 22 PROCEDURE FOR RENEWAL.. 22 CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.. 22 RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.. 23 INACTIVE STATUS.. 23 SUBCHAPTER G. ENGINEERING LICENSE REQUIREMENTS .. 23 LICENSE REQUIRED.. 23 LICENSE ELIGIBILITY REQUIREMENTS.. 23 APPLICATION FOR LICENSE.. 24 EXAMINATION.. 24 WAIVER OF EXAMINATION REQUIREMENT.. 24 ISSUANCE OF LICENSE.. 24 CERTIFICATION OR ENROLLMENT OF ENGINEERS-IN-TRAINING.. 25 TEMPORARY OR PROVISIONAL LICENSE.. 25 APPLICATION BY NONRESIDENT.. 25 REPLACEMENT LICENSE.. 25 SUBCHAPTER H. ENGINEERING LICENSE RENEWAL .. 25 ANNUAL RENEWAL REQUIRED.. 25 SUBCHAPTER I. PRACTICE OF ENGINEERING .. 25 USE OF SEAL.. 26 ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS.. 26 professional IDENTIFICATION.

6 26 ELIGIBILITY FOR APPOINTED STATE POSITION.. 26 PRACTICE BY BUSINESS ENTITY; REGISTRATION.. 26 GRADUATE ENGINEERS.. 26 CONSTRUCTION OF CERTAIN PUBLIC WORKS.. 27 SUBCHAPTER J. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES .. 27 DISCIPLINARY POWERS OF BOARD.. 27 GROUNDS FOR DISCIPLINARY ACTION.. 27 PROBATION.. 27 RESTITUTION.. 27 RECUSAL OF BOARD MEMBER.. 27 EMERGENCY SUSPENSION.. 27 REVIEW OF LICENSE HOLDER S STATUS.. 28 RIGHT TO HEARING.. 28 APPEAL OF LICENSE REVOCATION.. 28 TBPELS Acts and Rules Page 4 of 109 Updated April 1, 2021 REISSUANCE OF REVOKED LICENSE.. 28 SUBCHAPTER K. ADMINISTRATIVE PENALTY .. 28 IMPOSITION OF ADMINISTRATIVE PENALTY.. 28 AMOUNT OF ADMINISTRATIVE PENALTY.. 28 OPTIONS FOLLOWING DECISION: PAY OR 28 COLLECTION OF PENALTY.. 29 DETERMINATION BY COURT.. 29 REMITTANCE OF PENALTY AND INTEREST.. 29 ADMINISTRATIVE PROCEDURE.. 29 SUBCHAPTER L. OTHER PENALTIES AND ENFORCEMENT PROVISIONS.

7 29 INJUNCTION.. 29 CEASE AND DESIST ORDER.. 30 CRIMINAL PENALTY.. 30 REPORT OF VIOLATION.. 30 PRESENTATION OF COMPLAINTS BY BOARD; ASSISTANCE AT TRIAL.. 30 ATTORNEY GENERAL AS LEGAL ADVISOR; REPRESENTATION BY ATTORNEY GENERAL. 30 APPEAL BOND.. 30 SUBCHAPTER M. ADVISORY OPINIONS .. 30 BOARD ADVISORY OPINIONS.. 30 MAINTENANCE OF OPINIONS; SUMMARY.. 30 ATTORNEY GENERAL S OPINIONS.. 30 RELIANCE ON ADVISORY OPINION.. 31 OCCUPATIONS CODE TITLE 6. REGULATION OF ENGINEERING , ARCHITECTURE, land SURVEYING , AND RELATED PRACTICES .. 32 SUBTITLE C. REGULATION OF land SURVEYING AND RELATED PRACTICES .. 32 CHAPTER 1071. land SURVEYORS SUBCHAPTER A. GENERAL PROVISIONS .. 32 SHORT TITLE.. 32 DEFINITIONS.. 32 APPLICATION OF CHAPTER.. 32 REGISTRATION, LICENSE, OR CERTIFICATE REQUIRED.. 32 APPLICATION REQUIREMENTS.. 33 SURVEYOR-IN-TRAINING CERTIFICATE.. 33 QUALIFICATIONS FOR REGISTRATION AS REGISTERED professional land SURVEYOR.

8 33 QUALIFICATIONS FOR LICENSING AS LICENSED STATE land SURVEYOR; OATH.. 34 EXAMINATION.. 34 REGISTRATION OF OUT-OF-STATE SURVEYORS.. 34 REGISTRATION NUMBER; FORM OF CERTIFICATE OR LICENSE.. 34 DISPLAY OF CERTIFICATE AND LICENSE.. 34 REPLACEMENT OF REVOKED, LOST, OR DESTROYED CERTIFICATE OR LICENSE.. 34 SUBCHAPTER G. RENEWAL OF REGISTRATION AND LICENSE .. 35 LICENSE TERM AND RENEWAL.. 35 NOTICE OF FAILURE TO RENEW STATE land SURVEYOR LICENSE.. 35 CONTINUING professional EDUCATION.. 35 SUBCHAPTER H. PRACTICE OF land SURVEYING .. 35 PERFORMANCE OF land SURVEYING ; OFFICIAL SEAL.. 35 SURVEYING BY BUSINESS ENTITY.. 35 PRACTICE UNDER ASSUMED NAME.. 36 JURISDICTION OF LICENSED STATE land SURVEYORS.. 36 LICENSED STATE land SURVEYOR AS AGENT OF STATE.. 36 RESIGNATION OF LICENSED STATE land SURVEYOR.. 36 COUNTY SURVEYORS.. 36 COURT ORDER FOR LICENSED STATE land SURVEYOR TO CROSS 36 COURT ORDER FOR REGISTERED professional land SURVEYOR TO CROSS land .

9 36 LICENSED STATE land SURVEYOR FIELD NOTES.. 37 DISCOVERY OF UNDISCLOSED land .. 37 ACCESS TO COUNTY SURVEYOR RECORDS.. 37 SUBCHAPTER I. DISCIPLINARY PROCEDURES .. 37 TBPELS Acts and Rules Page 5 of 109 Updated April 1, 2021 DISCIPLINARY POWERS OF BOARD.. 37 DISCIPLINARY PROCEEDINGS.. 37 RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE.. 37 INFORMAL SETTLEMENT CONFERENCE; RESTITUTION.. 37 PROBATION.. 38 REISSUANCE OF CERTIFICATE OR LICENSE.. 38 SUBCHAPTER K. OTHER PENALTIES AND ENFORCEMENT PROVISIONS .. 38 CIVIL PENALTY.. 38 CRIMINAL PENALTY.. 38 RULES CONCERNING THE PRACTICE OF ENGINEERING AND land SURVEYING TEXAS ADMINISTRATIVE CODE, TITLE 22: EXAMINING BOARDS PART 6 TEXAS BOARD OF professional ENGINEERS AND land SURVEYORS .. 39 CHAPTER 131: ORGANIZATION AND ADMINISTRATION .. 39 SUBCHAPTER A: SCOPE AND DEFINITIONS .. 39 PURPOSE AND DUTIES .. 39 DEFINITIONS .. 39 SUBCHAPTER B ADMINISTRATION AND THE BOARD .. 40 HEADQUARTERS OF THE BOARD.

10 40 BOARD SEAL .. 40 ORGANIZATION OF THE BOARD .. 41 OFFICERS OF THE BOARD .. 41 BOARD MEMBER RESPONSIBILITIES AND DUTIES .. 41 VACANCIES IN THE BOARD .. 41 COMMITTEES .. 42 SUBCHAPTER B: ORGANIZATION OF THE BOARD 42 EXECUTIVE DIRECTOR .. 42 EMPLOYEE TRAINING .. 43 STATE CONTRACT GUIDELINES .. 43 SUBCHAPTER C: MEETINGS .. 43 MEETINGS .. 43 PUBLIC PARTICIPATION .. 43 REGULAR BOARD MEETINGS .. 44 SPECIAL BOARD 44 ORDER OF BUSINESS .. 44 MINUTES .. 44 SUBCHAPTER D: FISCAL MATTERS .. 44 FINANCIAL .. 44 SELF-DIRECTED SEMI-INDEPENDENT AGENCY .. 44 SUBCHAPTER E: COOPERATIVE AFFILIATIONS .. 44 NATIONAL COUNCIL OF EXAMINERS FOR ENGINEERING AND SURVEYING .. 45 MEMORANDA OF UNDERSTANDING .. 45 NOTE: DEFINITIONS REPEALED DECEMBER 24, 2020 AND MOVED TO NEW SECTION .. 45 SUBCHAPTER F: ADMINISTRATION .. 45 REQUESTS FOR INFORMATION .. 45 BOARD RULES PROCEDURES .. 45 NEGOTIATED RULE MAKING PROCEDURES .. 46 SUBCHAPTER G: ENGINEERING ADVISORY OPINIONS.