Proposed Rules Title 22

TITLE 22. EXAMINING BOARDS

PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

CHAPTER 133. LICENSING FOR ENGINEERS

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 133, regarding Licensing for Engineers. The proposed amendments are specifically to §§133.11, Types of Licenses; 133.26, Applications for Texas Licensure by License Holders in Another Jurisdiction; 133.27, Application for Temporary License for Engineers Currently Licensed Outside the United States; and 133.69, Waiver of Examinations.

BACKGROUND AND SUMMARY

Texas Occupations Code §1001.311 authorizes the Board to license an applicant that is not a resident of the State of Texas if the applicant holds a licensed issued by another jurisdiction and has met substantially equivalent licensure requirements to those in Texas. The Board is proposing rules to clearly set the procedure and requirements for licensure for applicants from other US states and territories, as well as international applicants licensed in a country that has a licensure agreement with Texas.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §133.11 by clarifying which rules relate to standard and temporary licenses.

The proposed rules amend §133.27 by relocating language from §133.11.

The proposed rules amend §133.69 by clarifying the duration of time for a reciprocal applicant must be licensed in the other jurisdiction prior to requesting a waiver of the PE examination.

The proposed rules create a new section §133.26 that sets out the streamlined requirements for applicants from international and US jurisdictions (states or territories) that are currently licensed in those jurisdictions.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Mr. Lance Kinney, Ph.D., P.E., Executive Director, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Kinney has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be allowing qualified applicants with licenses in another jurisdiction to have a streamlined reciprocal licensure process.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because no addition requirements are part of the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules are in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Board has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

ENVIRONMENTAL RULE ANALYSIS

The Board has determined that the proposed rules are not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Board asserts the proposed rules are not a "major environmental rule," as defined by Government Code §2001.0225. As a result, the Board asserts preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

PUBLIC COMMENTS

Any comments or request for a public hearing may be submitted, no later than 30 days after the publication of this notice, to Lance Kinney, Ph.D., P.E., Executive Director, Texas Board of Professional Engineers, by email to rules@pels.texas.gov, sent by mail to 1917 S. Interstate 35, Austin, Texas 78741, or faxed to his attention at (512) 440-0417.

SUBCHAPTER B. PROFESSIONAL ENGINEER LICENSES

22 TAC §133.11

STATUTORY AUTHORITY

The proposed rules are proposed 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. In addition, §1001.311 allow for the licensure of nonresidents.

§133.11.Types of Licenses.

The board shall receive, evaluate and process all applications for licensure as a professional engineer received from individuals who assert through the application process that they meet the minimum requirements of §1001.302 of the Act. The board shall deny a license to any applicant found not to have met all requirements of the Act and board rules.

(1) Standard License. [~~Unless requested by the applicant or license holder, all licenses issued by the board shall be considered standard licenses.~~] Standard licenses are fully renewable annually until such time as the board takes specific action to prevent renewal or provision of the Texas Engineering Practice Act prevents renewal. An application received and processed under the following sections will be considered a standard license:

(A) §133.21 of this chapter (relating to Application for a Standard License)

(B) §133.23 of this chapter (relating to Applications from Former Standard License Holders)

(D) §133.26 of this chapter (relating to Applications for Texas Licensure by License Holders in Another Jurisdiction)

~~[(2) Reciprocal License. The board does not recognize any jurisdiction for reciprocity at this time.]~~

(2) [3] Temporary License.

(A) A temporary license holder shall be subject to all other rules and legal requirements to which a holder of a standard license is subject. [~~A temporary license may only be renewed twice for a total maximum duration of three years.~~]

(B) After a temporary license has expired, a former temporary license holder may not apply for a subsequent temporary license.

(D) An application received and processed under the following sections will be considered a temporary license:

(i) §133.27 of this chapter (relating to Application for Temporary License for Engineers Currently Licensed Outside the United States)

(ii) §133.29 of this chapter (relating to Application for Temporary License for Military Spouses Who Are Licensed or Registered in Another State)

(3) [~~(4)~~] Provisional. The board does not issue provisional licenses at this time.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2024.

TRD-202406101

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: February 2, 2025

For further information, please call: (512) 440-3080

SUBCHAPTER C. PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS

22 TAC §133.26

STATUTORY AUTHORITY

§133.26.Applications for Texas Licensure by License Holders in Another Jurisdiction.

(a) General Provisions

(1) An applicant who holds an engineering license from a qualifying US state, territory, or country may apply using the licensure process set forth in this section.

(2) Pursuant to §1001.311 of the Act, a standard license may be issued under this section for applicants who meet the requirements of the following subsections.

(3) In this section, the term "home jurisdiction" means the US state, US territory, or country in which an engineer making application holds a current professional registration or license to practice engineering.

(b) International Agreement Applications

(1) This section only applies to an applicant that:

(A) holds a current engineering licensure credential in a country that is a signatory to a mobility agreement with the Board, as follows: Chartered Engineer through the Engineering Council UK;

(B) Is on the international registry of their home jurisdiction; and

(2) An applicant that meets the conditions of subparagraph (1) shall submit:

(A) An application in a format prescribed by the board;

(B) A current copy of the applicant's international NCEES Record. The International NCEES record shall be accepted as verification of documentation of education, licenses held, examinations or assessments taken, experience record, and reference documentation;

(C) A completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter (relating to Professional Conduct and Ethics Examination);

(D) A current application fee as established by the board;

(E) Proof of English language proficiency (per §133.21(c) of this chapter (relating to Application for Standard License)), if applicable;

(F) Information regarding any judgments of convictions, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges; and

(G) Documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act.

(1) This section only applies to an applicant that is:

(A) Currently licensed in another US jurisdiction;

(B) Has a current NCEES record; and

(2) An applicant that meets the conditions of subparagraph (1) shall submit:

(A) An application in a format prescribed by the board;

(B) A current copy of the applicant's NCEES Record. The NCEES record shall be accepted as verification of an original transcript, licenses held, examinations taken, experience record, and reference documentation;

(D) A current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;

(E) Proof of English language proficiency (per §133.21(c) of this chapter), if applicable;

(G) Documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act.

(d) NCEES Record Holders (Non-MLE) Applications

(1) This section only applies to an applicant that:

(A) Is currently licensed in another US jurisdiction;

(B) Has a current NCEES Record;

(C) Has a minimum of seven years of creditable engineering experience, three of which must be practicing as a registered or licensed engineer in a US jurisdiction; and

(D) Does not have an NCEES MLE designation.

(2) An applicant that meets the conditions of subparagraph (1) shall submit:

(A) An application in a format prescribed by the board;

(C) A completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter (relating to Professional Conduct and Ethics Examination);

(E) Proof of English language proficiency (per §133.21(c) of this chapter), if applicable;

(G) Documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act.

(e) Applicants who have gained professional registration or licensure in the home jurisdiction through another mutual recognition pathway, containing exemptions from the usual assessment process, are not eligible for the pathways set out in this section.

(f) Once an application under this section is accepted for review, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility pursuant to §1001.302 of the Act, as needed. Pursuant to §1001.453 of the Act, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2024.

TRD-202406102

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: February 2, 2025

For further information, please call: (512) 440-3080

SUBCHAPTER G. EXAMINATIONS

22 TAC §133.69

STATUTORY AUTHORITY

§133.69.Waiver of Examinations.

(a) Examinations are considered an integral part of the licensing process; all applicants are expected to have passed the examinations or to offer sufficient evidence of their qualifications in the absence of passage of the examinations. The board may waive one or both of the examinations on the fundamentals of engineering or the principles and practice of engineering for applicants who:

(1) do not pose a threat to the public health, safety, or welfare;

(2) request a waiver in writing at the time the application is filed; and

(3) meet the requirements of subsections (b) or (c) of this section.

(b) Waiver of Fundamentals of Engineering Examination. Applications for a waiver of the fundamentals of engineering examination will only be accepted from persons who meet the requirements of paragraphs (1) or (2) of this subsection.

(1) Standard Application:

(A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have eight or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation); or

(B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have twelve or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter.

(2) Engineering Educator: meet the requirements of §133.25(a) and (b) of this chapter (relating to Applications from Engineering Educators).

(c) Waiver of Principles and Practice of Engineering Examination. Applications for a waiver of the principles and practice of engineering examination will only be accepted from persons who meet the requirements of this subsection.

(1) Currently Licensed in U.S. State or Territory or Former Standard Texas License Holder: An applicant who is applying for a standard license and is currently licensed and in good standing in any U.S. state or territory, or a former Texas license holder applying under §133.23 of this chapter (relating to Applications from Former Texas License Holders), shall:

(A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have 12 or more years of creditable engineering experience, three of which must be practicing as a registered or licensed engineer in that U.S. State or Territory, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation); or

(B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have 16 or more years of creditable engineering experience, three of which must be practicing as a registered or licensed engineer in that U.S. State or Territory, as evaluated by the board under §133.43 of this chapter;

(2) Engineering Educator:

(A) meet the requirements of §133.25(a) and §133.25(b)(1) of this chapter (relating to Applications from Engineering Educators) and have:

(i) taught in an EAC/ABET-accredited or -approved program for at least six years and began teaching engineering prior to September 1, 2001;

(ii) at least six years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or

(iii) at least four years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter; or

(B) meet the requirements of §133.25(a) and §133.25(b)(2) of this chapter and have:

(i) taught in an EAC/ABET-accredited or -approved program for at least eight years and began teaching engineering prior to September 1, 2001;

(ii) at least eight years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or

(iii) at least six years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter.

(d) An applicant is not eligible to request a waiver of the examination on the fundamentals of engineering if the applicant has taken and failed any examination on the fundamentals of engineering in any jurisdiction within the previous two years. An applicant is not eligible to request a waiver of the examination on the fundamentals of engineering if the applicant has taken and failed any examination on the fundamentals of engineering in any jurisdiction three or more times.

(e) An applicant is not eligible to request a waiver of the examination on the principles and practice of engineering if the applicant has taken and failed any examination on the principles and practice of engineering in any jurisdiction within the previous four years.

(f) Applicants requesting a waiver from any examination(s) shall file any additional information needed to substantiate the eligibility for the waiver with the application, as provided in §133.51 of this chapter (relating to Reference Providers), and §133.53 of this chapter (relating to Reference Statements). The board shall review all elements of the application to evaluate waiver request(s) and may grant a waiver(s) to qualified applicants.

Filed with the Office of the Secretary of State on December 18, 2024.

TRD-202406103

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: February 2, 2025

For further information, please call: (512) 440-3080