PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
CHAPTER 131. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER A. SCOPE AND DEFINITIONS
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 131, regarding the licensing of professional engineers, and specifically §131.2, relating to Definitions. Amendments to 22 Texas Administrative Code, Chapter §131.2 are adopted without changes to the proposed text as published in the July 12, 2024 issue of the Texas Register (49 TexReg 4990). The rule will not be republished.
REASONED JUSTIFICATION FOR THE RULE ADOPTION
The adopted amendments updates the name of one of the accrediting agencies. The North Central Association was dissolved in 2014 and replaced by the Higher Learning Commission (HLC).
REQUEST FOR PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on July 12, 2024, and ended August 11, 2024. The Board received no comments from the public.
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406091
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 133, regarding the licensing of professional engineers. The proposed amendments are specifically to §133.31, relating to Educational Requirements for Applicants, §133.43, relating to Experience Evaluations, §133.53, relating to Reference Statements, and §133.67, relating to Examinations on the Principles and Practice of Engineering. The amendments to §§133.31, 133.43, 133.53, and 133.67 are adopted without changes to the proposed text as published in the July 12, 2024, issue of the Texas Register (49 TexReg 4992). The rules will not be republished.
REASONED JUSTIFICATION FOR THE RULE ADOPTION
The rules under 22 Texas Administrative Code, Chapter 133 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act. The adopted amendments address the Board's ability to evaluate education credentials, consider experience of applicants, how the experience is verified by references, how applicants take exams, and qualifications needed to waive exams.
The amendments to §133.31 remove language that is no longer used by the Board when evaluating education credentials of applicants. The amendments also include non-substantive grammatical changes to the rule title.
The amendments to §133.43 clarify when a year of experience credit may be granted for post-baccalaureate degree. The amendments clarify that experience gained as part of an undergraduate or graduate education is not able to be used for experience credit. The amendments clarify that a calendar period claimed as surveying experience cannot also be claimed for engineering experience. Companion amendments to Chapter 134 establish rules to clarify that a calendar period claimed as engineering experience cannot also be claimed as surveying experience.
The amendments to §133.53 expand the manner the Board can receive reference statements. The practice of only accepting reference statements that have been sealed in an envelope with a signature across the flap is not the only way to convey the statements securely. The amendments are broad to allow different forms of transmittal, especially electronically (via email or electronically uploading the document to a secure location).
The amendments to §133.67 expand the manner applicants are qualified to take exams. The amendments remove a limitation on the maximum number of exams applicants may take and allow applicants who are approved to take the Principles and Practice of Engineering exam the ability to take the exam until passing. Companion amendments to Chapter 134 establish the same criteria for surveyors taking the Principles and Practice of Surveying exam.
REQUEST FOR PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on July 12, 2024, and ended August 11, 2024. The Board received one comment from an individual.
Comment summary: Alternative wording was suggested in §§133.31 and 133.53 that did not materially change the amendments. Additional commentary was provided on areas of the sections that had no proposed changes
Board Response: The Board appreciates the comments. After consideration, no changes to the amendments are being made in response to the comment.
SUBCHAPTER D. EDUCATION
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.
No other codes, articles, or statutes are affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406092
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.
No other codes, articles, or statutes are affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406093
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.
No other codes, articles, or statutes are affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406094
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.
No other codes, articles, or statutes are affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406095
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, regarding the licensing, registration, and certification for surveyors. The adopted amendments are specifically to §134.25, relating to Applications from Out-Of-State Registration Holders, §134.43, relating to Experience Evaluations, §134.53, relating to Reference Statements, §134.67, relating to Examinations on the Principles and Practice of Surveying, and §134.68, relating to Licensed State Land Surveyor Examination, regarding the licensing, registration, and certification for surveyors. The amendments to §§134.25, 134.43, 134.53, 134.67, and 133.68 are adopted without changes to the proposed published text as published in the July 12, 2024, issue of the Texas Register (49 TexReg 4998). The rules will not be republished.
REASONED JUSTIFICATION FOR THE RULE ADOPTION
The adopted amendments address the Board's ability to evaluate credentials of out-of-state registration holders, consider experience of applicants, how the experience is verified by references, how applicants take exams, and fees associated with exams administered by the Board.
The amendments to §134.25 require reciprocal applicants to meet current licensing requirements and take the Texas Specific Surveying Exam for registration. Reciprocal applicants can currently apply without meeting current licensing requirements, such as education, if their initial out-of-state licensure occurred at a time when such requirements were not in place. Another change makes it clear that reciprocal applicants must take the Texas Specific Surveying Exam for registration in Texas.
The amendments to §134.43 clarify that a calendar period claimed as engineering experience cannot also be claimed for surveying experience. Companion amendments to Chapter 133 establish rules to clarify that a calendar period claimed as surveying experience cannot also be claimed as engineering experience.
The amendments to §134.53 expand the manner the Board can receive reference statements. The practice of only accepting reference statements that have been sealed in an envelope with a signature across the flap is not the only way to convey the statements securely. The amendments are broad to allow different forms of transmittal, especially electronically (via email or electronically uploading the document to a secure location).
The amendments to §134.67 expand the manner applicants are qualified to take exams. The amendments remove a limitation on the maximum number of exams applicants may take and allow applicants who are approved to take the Principles and Practice of Surveying exam the ability to take the exam until the exam is passed. A limit on the number of times the Texas Specific Surveying Exam (TSSE) may be taken before re-applying will be kept in place. Companion amendments to Chapter 133 establish the same criteria for engineers taking the Principles and Practice of Engineering exam. The amendments also clarify that TSSE exam fee will be waived in accordance with Texas Occupations Code Chapter 55.
The amendments to §134.68 clarify that Licensed State Land Surveyor exam fee will be waived in accordance with Texas Occupations Code Chapter 55.
REQUEST FOR PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on July 12, 2024, and ended August 11, 2024. The Board received no comments from the public.
SUBCHAPTER C. LAND SURVEYOR APPLICATION REQUIREMENTS
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state. No other codes, articles, or statutes are affected by this proposal.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406096
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state. No other codes, articles, or statutes are affected by this proposal.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406097
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state. No other codes, articles, or statutes are affected by this proposal.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406098
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723
STATUTORY AUTHORITY
The rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state. No other codes, articles, or statutes are affected by this proposal.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406099
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2025
Proposal publication date: July 12, 2024
For further information, please call: (512) 440-7723