TEXAS ENGINEERING AND LAND SURVEYING PRACTICE ACTS …

1 TBPELS Acts and Rules Page 1 of 108 Effective September 30, 2020 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: Lines to the left of the text indicate rules which have changed since the last publication was released on March 15, 2020. Changes to tables are indicated with a gray background. Changes effective September 30, 2020 Official statute text available at: TBPELS Engineers Occupations Code: TBPELS Surveyors Occupations Code: TBPELS Acts and Rules Page 2 of 108 Effective September 30, 2020 Table of Contents OCCUPATIONS 10 TITLE 6.

2 REGULATION OF ENGINEERING , ARCHITECTURE, LAND SURVEYING , AND RELATED PRACTICES .. 10 SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES .. 10 CHAPTER 1001. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS .. 10 SUBCHAPTER A. GENERAL PROVISIONS .. 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.

3 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.. 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.

4 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 DUTIES .. 17 GENERAL POWERS AND DUTIES.. 17 RULES.. 17 RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.. 17 TBPELS Acts and Rules Page 3 of 108 Effective September 30, 2020 RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

5 18 FEES.. 18 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.

6 21 PUBLIC PARTICIPATION.. 21 SUBCHAPTER F-1. GENERAL LICENSE, REGISTRATION, AND CERTIFICATION REQUIREMENT .. 21 SEC. DEFINITION.. 21 SEC. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.. 21 SEC. EXAMINATION DEVELOPMENT AND ADMINISTRATION.. 22 SEC. EXAMINATION RESULTS.. 22 SEC. REEXAMINATION.. 22 SEC. NOTICE OF LICENSE EXPIRATION.. 22 SEC. PROCEDURE FOR RENEWAL.. 22 SEC. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.. 22 SEC. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.. 23 SEC. INACTIVE STATUS.. 23 SUBCHAPTER G. ENGINEERING LICENSE REQUIREMENTS .. 23 LICENSE REQUIRED.. 23 LICENSE ELIGIBILITY REQUIREMENTS.. 23 APPLICATION FOR LICENSE.

7 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 25 USE OF SEAL.. 26 ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS.. 26 PROFESSIONAL IDENTIFICATION.. 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.

8 27 GROUNDS FOR DISCIPLINARY ACTION.. 27 PROBATION.. 27 TBPELS Acts and Rules Page 4 of 108 Effective September 30, 2020 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 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.

9 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 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 SEC. SHORT TITLE.. 32 SEC.

10 DEFINITIONS.. 32 SEC. APPLICATION OF CHAPTER.. 32 SEC. REGISTRATION, LICENSE, OR CERTIFICATE 32 SEC. APPLICATION REQUIREMENTS.. 33 SEC. SURVEYOR-IN-TRAINING CERTIFICATE.. 33 SEC. QUALIFICATIONS FOR REGISTRATION AS REGISTERED PROFESSIONAL LAND SURVEYOR.. 33 SEC. QUALIFICATIONS FOR LICENSING AS LICENSED STATE LAND SURVEYOR; OATH.. 34 SEC. EXAMINATION.. 34 SEC. REGISTRATION OF OUT-OF-STATE SURVEYORS.. 34 SEC. REGISTRATION NUMBER; FORM OF CERTIFICATE OR LICENSE.. 34 SEC. DISPLAY OF CERTIFICATE AND LICENSE.. 34 SEC. REPLACEMENT OF REVOKED, LOST, OR DESTROYED CERTIFICATE OR LICENSE.. 34 SUBCHAPTER G. RENEWAL OF REGISTRATION AND LICENSE .. 35 SEC. LICENSE TERM AND RENEWAL.. 35 SEC. NOTICE OF FAILURE TO RENEW STATE LAND SURVEYOR LICENSE.