TITLE 22. EXAMINING BOARDS
PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
CHAPTER 131. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER
A.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 131, regarding the Organization and Administration of the Board, specifically §131.2, relating to Definitions. The amendment is adopted without changes to the text as originally published in the January 24, 2025, issue of the Texas Register (50 TexReg 524) and will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
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.
The adopted rules amend §131.2 by adding necessary definitions for the reciprocal licensure process.
PUBLIC COMMENTS
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 30-day public comment period began on January 24, 2025, and ended February 24, 2025. The Board received no comments from the public.
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. In addition, §1001.311 allow for the licensure of nonresidents.
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 May 15, 2025.
TRD-202501677
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: June 4, 2025
Proposal publication date: January 24, 2025
For further information, please call: (512) 440-7723
CHAPTER 133. LICENSING FOR ENGINEERS
SUBCHAPTER
C.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 133, regarding Licensing for Engineers, specifically §133.27 Application for Temporary License for Engineers Currently Licensed Outside the United States, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 740) and will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
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 license issued by another jurisdiction and has met substantially equivalent licensure requirements to those in Texas. The Board is adopting 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.
The adopted rules amend §133.27 by relocating language from a recent amendment to rule §133.11.
PUBLIC COMMENTS
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 30-day public comment period began on February 7, 2025, and ended March 8, 2025. 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. In addition, §1001.311 allow for the licensure of nonresidents.
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 May 15, 2025.
TRD-202501678
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: June 4, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 440-7723
PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
CHAPTER 519. PRACTICE AND PROCEDURE
SUBCHAPTER
A.
The Texas State Board of Public Accountancy adopts an amendment to §519.2, concerning Definitions, without changes to the proposed text as published in the March 28, 2025 issue of the Texas Register (50 TexReg 2158) and will not be republished.
The current cite to the rule does not identify the specific relevant paragraph. The paragraph is added. The definition of contested case eliminates language that doesn't apply because "ratemaking is not a responsibility of this agency.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501657
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842
22 TAC §519.7
The Texas State Board of Public Accountancy adopts an amendment to §519.7 concerning Criminal Offenses that May Subject a Licensee or Certificate Holder to Discipline or Disqualify a Person from Receiving a License, without changes to the proposed text as published in the March 28, 2025 issue of the Texas Register (50 TexReg 2159) and will not be republished.
The word Sight Order is misspelled and this revision corrects the spelling.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501658
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842
22 TAC §519.9
The Texas State Board of Public Accountancy adopts an amendment to §519.9 concerning Administrative Penalty Guidelines, without changes to the proposed text as published in the March 28, 2025, issue of the Texas Register (50 TexReg 2162) and will not be republished.
The purpose of the graphic in the board's rules is to publish the criteria for the basis of sanctions for specific rule violations. The specific sanctions for violating board Rule §527.6 has been added to the graphic which concerns failing to report peer review and PROB inspection reports.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501659
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842
SUBCHAPTER
B.
The Texas State Board of Public Accountancy adopts an amendment to §519.20 concerning Complaints, without changes to the proposed text as published in the March 28, 2025 issue of the Texas Register (50 TexReg 2163) and will not be republished.
Enhances the board's ability to contain the complainant and respondent by requesting from the complainant the respondent's address. It also identifies that the firm referred to in subsection (f) of the rule is an out-of-state firm.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501660
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842
22 TAC §519.21
The Texas State Board of Public Accountancy adopts an amendment to §519.21 concerning Investigations, without changes to the proposed text as published in the March 28, 2025 issue of the Texas Register (50 TexReg 2164) and will not be republished.
Recognizes that the board may communicate with all available persons with information helpful to the board in a complaint investigation and not just the complainant and respondent.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501662
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842
22 TAC §519.23
The Texas State Board of Public Accountancy adopts an amendment to §519.23 concerning Informal Conferences, without changes to the proposed text as published in the March 28, 2025 issue of the Texas Register (50 TexReg 2165) and will not be republished.
The change is grammatical to arrange the wording in a logical sequence.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501663
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842
22 TAC §519.24
The Texas State Board of Public Accountancy adopts an amendment to §519.24 concerning Committee Recommendations, without changes to the proposed text as published in the March 28, 2025 issue of the Texas Register (50 TexReg 2166) and will not be republished.
This amendment recognizes that communications between the board and respondent licensee may be electronic as well as postal mail. It also recognizes that a hearing before the Executive Director will follow the normal rules of hearing as provided for in the rules of the State Office of Administrative Hearings and the board's rules.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501664
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842
22 TAC §519.25
The Texas State Board of Public Accountancy adopts an amendment to §519.25 concerning Mediation and Alternative Dispute Resolution, without changes to the proposed text as published in the March 28, 2025 issue of the Texas Register (50 TexReg 2167) and will not be republished.
Provides additional information regarding the responsibilities of the board staff during mediation.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by the 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 May 15, 2025.
TRD-202501665
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: June 4, 2025
Proposal publication date: March 28, 2025
For further information, please call: (512) 305-7842