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  By: Smith of Harris, Callegari H.B. No. 2649
        (Senate Sponsor - Deuell)
         (In the Senate - Received from the House May 8, 2009;
  May 8, 2009, read first time and referred to Committee on Business
  and Commerce; May 23, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 23, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2649 By:  Averitt
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation and practice of engineering and lighting
  design.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1001.056, Occupations Code, is amended
  by adding Subsection (c) to read as follows: 
         (c)  The exemption provided by this section does not apply to
  a person or entity that is:
               (1)  providing engineering design or inspection
  services necessary to comply with windstorm certification
  standards for a residential dwelling under Subchapter F, Chapter
  2210, Insurance Code; or
               (2)  providing engineering design relating to
  constructing, enlarging, altering, or repairing, or drawing plans
  or specifications for, a residential dwelling slab located on
  expansive soil that meets the expansive soil classification
  provisions of the International Residential Code as applied in the
  jurisdiction in which the residential dwelling is located, unless
  the construction, enlargement, alteration, repair, or drawing of
  plans or specifications meets the International Residential Code
  requirements as applied in the jurisdiction in which the
  residential dwelling is located.
         SECTION 2.  Subchapter B, Chapter 1001, Occupations Code, is
  amended by adding Section 1001.067 to read as follows:
         Sec. 1001.067.  CERTAIN FIRE DEPARTMENT EMPLOYEES. This
  chapter does not prohibit the professional use of the term "fire
  engineer" by a member of a fire department in a municipality with a
  population of one million or more that has adopted Chapter 143,
  Local Government Code, and to which Subchapter G of that chapter
  does not generally apply, who:
               (1)  holds the position of fire apparatus operator; and
               (2)  is not otherwise engaged in the practice of
  engineering.
         SECTION 3.  Subchapter G, Chapter 1001, Occupations Code, is
  amended by adding Section 1001.3011 to read as follows:
         Sec. 1001.3011.  LIGHTING DESIGN; LICENSE OR REGISTRATION
  REQUIRED. (a) A person may not perform or offer to perform
  lighting design services unless the person is:
               (1)  licensed as an engineer under this chapter;
               (2)  registered as an architect, landscape architect,
  or interior designer under Subtitle B, Title 6; or
               (3)  licensed under Chapter 1305.
         (b)  In this section, "lighting design services" means the
  preparation of plans and specifications that depict the placement
  and direction of illumination of mounted or installed lighting
  fixtures in the interior or exterior of a building, including the
  specification of bulbs, reflectors, lens, louvers, baffles, and
  other hardware. The term does not include the preparation of shop
  drawings or other directions from a manufacturer for the
  installation or operation of lighting fixtures.
         SECTION 4.  Section 1001.401, Occupations Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  A license holder is not required to provide or hold any
  additional certification, other than a license issued under this
  chapter, to seal an engineering plan, specification, plat, or
  report.
         SECTION 5.  Subchapter F, Chapter 1051, Occupations Code, is
  amended by adding Section 1051.308 to read as follows:
         Sec. 1051.308.  LIGHTING DESIGN; REGISTRATION OR LICENSE
  REQUIRED. (a) A person may not perform or offer to perform
  lighting design services unless the person is:
               (1)  registered as an architect, landscape architect,
  or interior designer under this subtitle;
               (2)  licensed as an engineer under Chapter 1001; or
               (3)  licensed under Chapter 1305.
         (b)  In this section, "lighting design services" means the
  preparation of plans and specifications that depict the placement
  and direction of illumination of mounted or installed lighting
  fixtures in the interior or exterior of a building, including the
  specification of bulbs, reflectors, lens, louvers, baffles, and
  other hardware. The term does not include the preparation of shop
  drawings or other directions from a manufacturer for the
  installation or operation of lighting fixtures.
         SECTION 6.  Subchapter D, Chapter 1305, Occupations Code, is
  amended by adding Section 1305.1511 to read as follows:
         Sec. 1305.1511.  LIGHTING DESIGN; LICENSE OR REGISTRATION
  REQUIRED. (a) A person may not perform or offer to perform
  lighting design services unless the person is:
               (1)  licensed under this chapter;
               (2)  licensed as an engineer under Chapter 1001; or
               (3)  registered as an architect, landscape architect,
  or interior designer under Subtitle B, Title 6.
         (b)  In this section, "lighting design services" means the
  preparation of plans and specifications that depict the placement
  and direction of illumination of mounted or installed lighting
  fixtures in the interior or exterior of a building, including the
  specification of bulbs, reflectors, lens, louvers, baffles, and
  other hardware. The term does not include the preparation of shop
  drawings or other directions from a manufacturer for the
  installation or operation of lighting fixtures.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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