H.B. No. 1523

	AN ACT
	relating to the continuation of the regulation of land surveyors
	and the transfer of the regulation to the Texas Board of
	Professional Engineers and Land Surveyors, following the
	recommendations of the Sunset Advisory Commission; changing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
	SURVEYORS
	SECTION 1.01.  The heading to Chapter 1001, Occupations
	Code, is amended to read as follows:
	CHAPTER 1001. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
	SURVEYORS
	SECTION 1.02.  Section 1001.002, Occupations Code, is
	amended by amending Subdivision (1) and adding Subdivision (3) to
	read as follows:
	(1)  "Board" means the Texas Board of Professional
	Engineers and Land Surveyors.
	(3)  "Land surveyor," "licensed state land surveyor,"
	"professional surveying," "registered professional land surveyor,"
	and "state land surveying" have the meanings assigned by Section
	1071.002.
	SECTION 1.03.  Section 1001.004(e), Occupations Code, is
	amended to read as follows:
	(e)  This chapter does not:
	(1)  prevent a person from identifying the person in
	the name and trade of any engineers' labor organization with which
	the person is affiliated;
	(2)  prohibit or otherwise restrict a person from
	giving testimony or preparing an exhibit or document for the sole
	purpose of being placed in evidence before an administrative or
	judicial tribunal, subject to the board's disciplinary powers under
	Subchapter J regarding negligence, incompetency, or misconduct in
	the practice of engineering; or
	(3)  [repeal or amend a law affecting or regulating a
	licensed state land surveyor; or
	[(4)]  affect or prevent the practice of any other
	legally recognized profession by a member of the profession who is
	licensed by the state or under the state's authority.
	SECTION 1.04.  Section 1001.005, Occupations Code, is
	amended to read as follows:
	Sec. 1001.005.  APPLICATION OF SUNSET ACT. The Texas Board
	of Professional Engineers and Land Surveyors is subject to Chapter
	325, Government Code (Texas Sunset Act). Unless continued in
	existence as provided by that chapter, the board is abolished and
	this chapter expires September 1, 2025.
	SECTION 1.05.  Section 1001.064, Occupations Code, is
	amended to read as follows:
	Sec. 1001.064.  STATE LAND SURVEYORS. A licensed state land
	surveyor is exempt from the requirements of this chapter regulating
	the practice of engineering in performing the [a] state land
	surveyor's duties.
	SECTION 1.06.  The heading to Subchapter C, Chapter 1001,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
	SURVEYORS
	SECTION 1.07.  Section 1001.101(a), Occupations Code, is
	amended to read as follows:
	(a)  The Texas Board of Professional Engineers and Land
	Surveyors consists of nine members appointed by the governor with
	the advice and consent of the senate as follows:
	(1)  five [six] engineers; [and]
	(2)  one land surveyor; and
	(3)  three members who represent the public.
	SECTION 1.08.  Subchapter C, Chapter 1001, Occupations Code,
	is amended by adding Section 1001.1011 to read as follows:
	Sec. 1001.1011.  EX OFFICIO MEMBER. The commissioner of the
	General Land Office or a licensed state land surveyor employee of
	the General Land Office designated by the commissioner as director
	of surveying shall serve as an ex officio, nonvoting member of the
	board.
	SECTION 1.09.  Section 1001.102, Occupations Code, is
	amended by amending Subsection (a) and adding Subsection (d) to
	read as follows:
	(a)  A person may not be a public member of the board if the
	person or the person's spouse:
	(1)  is registered, certified, or licensed by a
	regulatory agency in the field of engineering or land surveying;
	(2)  is employed by or participates in the management
	of a business entity or other organization regulated by or
	receiving money from the board;
	(3)  owns or controls, directly or indirectly, more
	than a 10 percent interest in a business entity or other
	organization regulated by or receiving money from the board; or
	(4)  uses or receives a substantial amount of tangible
	goods, services, or money from the board other than compensation or
	reimbursement authorized by law for board membership, attendance,
	or expenses.
	(d)  A land surveyor member of the board:
	(1)   must be:
	(A)  a licensed state land surveyor actively
	engaged in the practice of state land surveying for not less than
	the five years preceding appointment; or
	(B)  a registered professional land surveyor
	actively engaged in the practice of professional surveying in this
	state for not less than the five years preceding appointment; and
	(2)  may not be licensed as an engineer.
	SECTION 1.10.  Section 1001.103(a-1), Occupations Code, is
	amended to read as follows:
	(a-1)  A person may not be a member of the board and may not
	be a board employee employed in a "bona fide executive,
	administrative, or professional capacity," as that phrase is used
	for purposes of establishing an exemption to the overtime
	provisions of the federal Fair Labor Standards Act of 1938 (29
	U.S.C. Section 201 et seq.), and its subsequent amendments, if:
	(1)  the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of engineering
	or land surveying; or
	(2)  the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of engineering
	or land surveying.
	SECTION 1.11.  Section 1001.105, Occupations Code, is
	amended to read as follows:
	Sec. 1001.105.  PARTICIPATION OF PUBLIC MEMBERS. (a) The
	board by majority vote may limit the participation of public
	members in evaluating license, registration, or certification
	applications.
	(b)  This section does not apply to the evaluation of
	license, registration, or certification applications at an
	official meeting of the board.
	SECTION 1.12.  Section 1001.107, Occupations Code, is
	amended to read as follows:
	Sec. 1001.107.  PER DIEM. Each [A] board member, other than
	the commissioner of the General Land Office, is entitled to receive
	a per diem as set by the General Appropriations Act for each day
	that the member engages in the business of the board.
	SECTION 1.13.  Section 1001.112(b), Occupations Code, is
	amended to read as follows:
	(b)  The training program must provide the person with
	information regarding:
	(1)  this chapter and Chapter 1071;
	(2)  the programs operated by the board;
	(3)  the role and functions of the board;
	(4)  the rules of the board, with an emphasis on the
	rules that relate to disciplinary and investigatory authority;
	(5)  the current budget for the board;
	(6)  the results of the most recent formal audit of the
	board;
	(7)  the requirements of:
	(A)  the open meetings law, Chapter 551,
	Government Code;
	(B)  the public information law, Chapter 552,
	Government Code;
	(C)  the administrative procedure law, Chapter
	2001, Government Code; and
	(D)  other laws relating to public officials,
	including conflict-of-interest laws; and
	(8)  any applicable ethics policies adopted by the
	board or the Texas Ethics Commission.
	SECTION 1.14.  Section 1001.201, Occupations Code, is
	amended to read as follows:
	Sec. 1001.201.  GENERAL POWERS AND DUTIES. (a) The board
	shall administer and enforce this chapter and Chapter 1071.
	(b)  The board may spend money for any purpose the board
	considers reasonably necessary for the proper performance of its
	duties under this chapter and Chapter 1071.
	SECTION 1.15.  Section 1001.202, Occupations Code, is
	amended to read as follows:
	Sec. 1001.202.  RULES. The board may adopt and enforce any
	rule or bylaw necessary to perform its duties, govern its
	proceedings, and regulate the practice of engineering and land
	surveying.
	SECTION 1.16.  Sections 1001.203(b) and (c), Occupations
	Code, are amended to read as follows:
	(b)  Except as provided by Subsection (a), the board may not
	adopt rules restricting advertising or competitive bidding by a
	person regulated by the board [license holder] except to prohibit
	false, misleading, or deceptive practices.
	(c)  In its rules to prohibit false, misleading, or deceptive
	practices by a person regulated by the board, the board may not
	include a rule that:
	(1)  restricts the use of any medium for advertising;
	(2)  restricts the use of the person's [a license
	holder's] personal appearance or voice in an advertisement;
	(3)  relates to the size or duration of an
	advertisement by the person [license holder]; or
	(4)  restricts the person's [license holder's]
	advertisement under a trade name.
	SECTION 1.17.  Section 1001.204, Occupations Code, is
	amended to read as follows:
	Sec. 1001.204.  FEES. (a)  The board shall establish [the
	following] fees in amounts reasonable and necessary to cover the
	costs of administering this chapter and Chapter 1071, including:
	(1)  license, registration, and certification fees
	[fee];
	(2)  renewal fee [annual] and late renewal fee [fees];
	(3)  reciprocal license fee;
	(4)  duplicate license fee;
	(5)  [engineer-in-training certificate fee;
	[(6)]  roster [of engineers] fee;
	(6) [(7)]  examination fee;
	[(8)  registration fee for engineering firm;] and
	(7) [(9)]  inactive status fee.
	(b)  Fee revenue may not exceed the amount reasonable and
	necessary to administer this chapter and Chapter 1071.
	(c)  General revenue of the state may not be used to pay the
	costs of administering this chapter and Chapter 1071 in an amount
	that exceeds the amount of fees received under this chapter and
	Chapter 1071.
	SECTION 1.18.  Section 1001.205, Occupations Code, is
	amended to read as follows:
	Sec. 1001.205.  REDUCED FEES: ELDERLY, DISABLED, INACTIVE
	STATUS. (a) For purposes of this section, a person is disabled if
	the person has a mental or physical impairment that substantially
	limits the ability of the person to earn a living as an engineer or
	land surveyor, other than an impairment caused by a current
	addiction to the use of alcohol or an illegal drug or controlled
	substance.
	(b)  The board by rule may adopt reduced license fees and
	[annual] renewal fees for engineers and land surveyors who are:
	(1)  at least 65 years of age; or
	(2)  disabled and not actively engaged in the practice
	of engineering or land surveying.
	(c)  A person entitled to reduced fees under Subsection
	(b)(2) shall notify the board that the person has resumed the active
	practice of engineering or land surveying not later than the 15th
	day after the date the person resumes active practice.
	SECTION 1.19.  Section 1001.207, Occupations Code, is
	amended to read as follows:
	Sec. 1001.207.  STANDARDS OF CONDUCT AND ETHICS. The board
	may establish standards of conduct and ethics for engineers and
	land surveyors in keeping with the purposes and intent of this
	chapter and Chapter 1071 and to ensure strict compliance with and
	enforcement of this chapter and Chapter 1071.
	SECTION 1.20.  The heading to Section 1001.208, Occupations
	Code, is amended to read as follows:
	Sec. 1001.208.  ROSTER OF ENGINEERS AND LAND SURVEYORS.
	SECTION 1.21.  Section 1001.209, Occupations Code, is
	amended to read as follows:
	Sec. 1001.209.  REGISTER OF APPLICANTS. The board shall
	maintain a register of each application for a license or
	registration under this chapter or Chapter 1071 [applications] that
	shows:
	(1)  the name, age, and residence of each applicant;
	(2)  the date of the application;
	(3)  the applicant's place of business;
	(4)  the applicant's educational and other
	qualifications;
	(5)  whether an examination was required;
	(6)  whether the applicant was issued or denied a
	license or registration;
	(7)  the date of board action; and
	(8)  any other information the board considers
	necessary.
	SECTION 1.22.  Section 1001.210, Occupations Code, is
	amended to read as follows:
	Sec. 1001.210.  CONTINUING EDUCATION PROGRAMS FOR
	ENGINEERS. (a) The board shall recognize, prepare, or administer
	continuing education programs for engineers [its license holders].
	An engineer [A license holder] must participate in the programs to
	the extent required by the board to keep the engineer's [person's]
	license.
	(b)  The board may not require an engineer [a license holder]
	to obtain more than 15 hours of continuing education annually. The
	board shall permit an engineer [a license holder] to certify at the
	time the license is renewed that the engineer [license holder] has
	complied with the board's continuing education requirements.
	(c)  The board shall permit an engineer [a license holder] to
	receive continuing education credit for educational, technical,
	ethical, or professional management activities related to the
	practice of engineering, including:
	(1)  successfully completing or auditing a course
	sponsored by an institution of higher education;
	(2)  successfully completing a course certified by a
	professional or trade organization;
	(3)  attending a seminar, tutorial, short course,
	correspondence course, videotaped course, or televised course;
	(4)  participating in an in-house course sponsored by a
	corporation or other business entity;
	(5)  teaching a course described by Subdivisions
	(1)-(4);
	(6)  publishing an article, paper, or book on the
	practice of engineering;
	(7)  making or attending a presentation at a meeting of
	a technical or engineering management society or organization or
	writing a paper presented at such a meeting;
	(8)  participating in the activities of a professional
	society or association, including serving on a committee of the
	organization; and
	(9)  engaging in self-directed study.
	(d)  An engineer [A license holder] may not receive more than
	five continuing education credit hours annually for engaging in
	self-directed study.
	SECTION 1.23.  Section 1001.212, Occupations Code, is
	amended to read as follows:
	Sec. 1001.212.  CONFIDENTIALITY OF CERTAIN INFORMATION
	RELATED TO [LICENSE] APPLICATION. (a) A statement made by a person
	providing a reference for an applicant and other pertinent
	information compiled by or submitted to the board relating to an
	applicant for licensing, registration, or certification [a
	license] under this chapter or Chapter 1071 is privileged and
	confidential.
	(b)  Information described by Subsection (a) may be used only
	by the board or its employees or agents who are directly involved in
	the application or licensing, registration, or certification
	process. The information is not subject to discovery, subpoena, or
	other disclosure.
	SECTION 1.24.  Section 1001.213(a), Occupations Code, is
	amended to read as follows:
	(a)  The board may request and, if necessary, compel by
	subpoena:
	(1)  the attendance of a witness for examination under
	oath; and
	(2)  the production for inspection or copying of
	records, documents, and other evidence relevant to the
	investigation of an alleged violation of this chapter or Chapter
	1071.
	SECTION 1.25.  Subchapter E, Chapter 1001, Occupations Code,
	is amended by adding Section 1001.216 to read as follows:
	Sec. 1001.216.  ADVISORY COMMITTEES. (a)  The board shall
	appoint an advisory committee for the purpose of providing advice
	and recommendations to the board on matters related to the
	regulation of land surveying.  The advisory committee must consist
	of five or more individuals appointed by the board, at least five of
	whom must be land surveyors.
	(b)  The board may not adopt a rule related to the scope of
	practice of, the professional or technical standards for, or the
	standards of conduct and ethics for land surveyors before
	considering advice and recommendations from the advisory committee
	described in Subsection (a).
	(c)  The board may appoint additional advisory committees to
	provide advice and recommendations to the board on any other matter
	relevant to the administration of this chapter or Chapter 1071.
	SECTION 1.26.  Section 1001.251(a), Occupations Code, is
	amended to read as follows:
	(a)  The board shall prepare information of consumer
	interest describing:
	(1)  the regulatory functions of the board under this
	chapter and Chapter 1071; and
	(2)  the procedures by which consumer complaints are
	filed with and resolved by the board.
	SECTION 1.27.  Sections 1001.252(a) and (d), Occupations
	Code, are amended to read as follows:
	(a)  The board shall adopt rules that permit the board to
	receive and investigate a confidential complaint against a [license
	holder or other] person who may have violated this chapter or
	Chapter 1071. The board shall maintain the confidentiality of the
	complaint during the investigation.
	(d)  The board shall consider any written grievance against a
	[license holder or other] person filed with the board as a
	complaint.
	SECTION 1.28.  Chapter 1001, Occupations Code, is amended by
	adding Subchapter F-1 to read as follows:
	SUBCHAPTER F-1.  GENERAL LICENSE, REGISTRATION, AND CERTIFICATION
	REQUIREMENT
	Sec. 1001.271.  DEFINITION.  In this subchapter, "license"
	means a license, certification, registration, or other
	authorization that is issued by the board under this chapter or
	Chapter 1071.
	SECTION 1.29.  Section 1001.3035, Occupations Code, is
	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
	added by this Act, redesignated as Section 1001.272, Occupations
	Code, and amended to read as follows:
	Sec. 1001.272 [1001.3035].  CRIMINAL HISTORY RECORD
	INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a)  This section
	applies only to an applicant for a license or registration as an
	engineer, licensed state land surveyor, or registered professional
	land surveyor.
	(b)  The board shall require that an applicant for a license
	submit a complete and legible set of fingerprints, on a form
	prescribed by the board, to the board or to the Department of Public
	Safety for the purpose of obtaining criminal history record
	information from the Department of Public Safety and the Federal
	Bureau of Investigation.
	(c) [(b)]  The board may not issue a license to a person who
	does not comply with the requirement of Subsection (b) [(a)].
	(d) [(c)]  The board shall conduct a criminal history check
	of each applicant for a license using information:
	(1)  provided by the individual under this section; and
	(2)  made available to the board by the Department of
	Public Safety, the Federal Bureau of Investigation, and any other
	criminal justice agency under Chapter 411, Government Code.
	(e) [(d)]  The board may:
	(1)  enter into an agreement with the Department of
	Public Safety to administer a criminal history check required under
	this section; and
	(2)  authorize the Department of Public Safety to
	collect from each applicant the costs incurred by the Department of
	Public Safety in conducting the criminal history check.
	SECTION 1.30.  Subchapter F-1, Chapter 1001, Occupations
	Code, as added by this Act, is amended by adding Section 1001.2721
	to read as follows:
	Sec. 1001.2721.  EXAMINATION DEVELOPMENT AND
	ADMINISTRATION. Notwithstanding any other law, the board may
	adopt, recognize, develop, or contract for an examination required
	by this chapter or Chapter 1071, including the administration of
	the examination.
	SECTION 1.31.  Section 1001.306, Occupations Code, is
	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
	added by this Act, redesignated as Section 1001.273, Occupations
	Code, and amended to read as follows:
	Sec. 1001.273 [1001.306].  EXAMINATION RESULTS.  (a)  Not
	later than the 30th day after the date a person takes an [a
	licensing] examination under this chapter or Chapter 1071, the
	board shall notify the person of the results of the examination.
	(a-1)  If the examination is graded or reviewed by a testing
	service:
	(1)  the board shall notify the person of the results of
	the examination not later than the 14th day after the date the board
	receives the results from the testing service; and
	(2)  if notice of the examination results will be
	delayed for longer than 90 days after the examination date, the
	board shall notify the person of the reason for the delay before the
	90th day.
	(b)  The board may require a testing service to notify a
	person of the results of the person's examination.
	(c)  If requested in writing by a person who fails an [a
	licensing] examination administered under this chapter or Chapter
	1071, the board shall furnish the person with an analysis of the
	person's performance on the examination.
	(d)  Examination results reported under this section must
	include a numerical score and an indication of whether the person
	passed or failed the examination.
	SECTION 1.32.  Sections 1001.307 and 1001.352, Occupations
	Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
	Code, as added by this Act, and redesignated as Sections 1001.274
	and 1001.275, Occupations Code, respectively, to read as follows:
	Sec. 1001.274 [1001.307].  REEXAMINATION. The board may
	permit reexamination of an applicant on payment of an appropriate
	reexamination fee in an amount set by the board.
	Sec. 1001.275 [1001.352].  NOTICE OF LICENSE EXPIRATION.
	Not later than the 30th day before the date a person's license is
	scheduled to expire, the board shall send written notice of the
	impending expiration to the person at the person's last known
	address according to the records of the board.
	SECTION 1.33.  Sections 1001.353 and 1001.3535, Occupations
	Code, are transferred to Subchapter F-1, Chapter 1001, Occupations
	Code, as added by this Act, redesignated as Sections 1001.276 and
	1001.277, Occupations Code, respectively, and amended to read as
	follows:
	Sec. 1001.276 [1001.353].  PROCEDURE FOR RENEWAL. (a) A
	person who is otherwise eligible to renew a license may renew an
	unexpired license by paying the required [annual] renewal fee to
	the board before the expiration date of the license.  A person whose
	license has expired may not engage in activities that require a
	license until the license has been renewed.
	(b)  A person whose license has been expired for 90 days or
	less may renew the license by paying to the board the required
	[annual] renewal fee and a late renewal fee.
	(c)  A person whose license has been expired for more than 90
	days but less than two years may renew the license by paying to the
	board the required [annual] renewal fee and a late renewal fee for
	each delinquent year or part of a year.
	(d)  A person whose license has been expired for two years or
	more may not renew the license. The person may obtain a new license
	by complying with the requirements and procedures, including the
	examination requirements, for obtaining an original license.
	Sec. 1001.277 [1001.3535].  CRIMINAL HISTORY RECORD
	INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) This section
	applies only to an applicant for renewal of a license or
	registration as an engineer, licensed state land surveyor, or
	registered professional land surveyor.
	(b)  An applicant renewing a license [issued under this
	chapter] shall submit a complete and legible set of fingerprints
	for purposes of performing a criminal history check of the
	applicant as provided by Section 1001.272 [1001.3035].
	(c) [(b)]  The board may not renew the license of a person
	who does not comply with the requirement of Subsection (b) [(a)].
	(d) [(c)]  A license holder is not required to submit
	fingerprints under this section for the renewal of the license if
	the license holder has previously submitted fingerprints under:
	(1)  Section 1001.272 [1001.3035] for the initial
	issuance of the license; or
	(2)  this section as part of a prior license renewal.
	SECTION 1.34.  Section 1001.354, Occupations Code, is
	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
	added by this Act, and redesignated as Section 1001.278,
	Occupations Code, to read as follows:
	Sec. 1001.278 [1001.354].  RENEWAL OF EXPIRED LICENSE BY
	OUT-OF-STATE PRACTITIONER. (a) A person who was licensed in this
	state, moved to another state, and is currently licensed and has
	been in practice in the other state for the two years preceding the
	date of application may obtain a new license without reexamination.
	(b)  The person must pay to the board a fee that is equal to
	two times the normally required renewal fee for the license.
	SECTION 1.35.  Section 1001.355, Occupations Code, is
	transferred to Subchapter F-1, Chapter 1001, Occupations Code, as
	added by this Act, redesignated as Section 1001.279, Occupations
	Code, and amended to read as follows:
	Sec. 1001.279 [1001.355].  INACTIVE STATUS. (a) An
	engineer or land surveyor may request inactive status at any time.
	An engineer or land surveyor [A license holder] on inactive status
	may not practice engineering or land surveying, as applicable.
	(b)  An engineer or land surveyor [A license holder] on
	inactive status must pay a [an annual] fee in an amount and at times
	prescribed [set] by the board.
	(c)  An engineer or land surveyor [A license holder] on
	inactive status is not required to:
	(1)  comply with the continuing education requirements
	adopted by the board under Section 1001.210 or 1071.305, as
	applicable; or
	(2)  take an examination for reinstatement to active
	status.
	(d)  To return to active status, an engineer or land surveyor
	[a license holder] on inactive status must:
	(1)  file with the board a written notice requesting
	reinstatement to active status;
	(2)  pay the fee for the [annual] renewal of the
	license; and
	(3)  provide evidence satisfactory to the board that
	the person has complied with the continuing education requirements
	adopted by the board under Section 1001.210 or 1071.305, as
	applicable.
	SECTION 1.36.  The heading to Subchapter G, Chapter 1001,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER G. ENGINEERING LICENSE REQUIREMENTS
	SECTION 1.37.  Section 1001.305, Occupations Code, is
	amended to read as follows:
	Sec. 1001.305.  WAIVER OF EXAMINATION REQUIREMENT. The
	board by rule may waive all or part of the examination requirement
	for an applicant for the issuance or reissuance of a license under
	this chapter. The board may not waive the requirement unless the
	board first determines that:
	(1)  the applicant possesses sufficient qualifications
	to justify the waiver; and
	(2)  issuing or reissuing the license to the applicant
	does not pose a threat to the public health, safety, or welfare.
	SECTION 1.38.  Section 1001.311, Occupations Code, is
	amended to read as follows:
	Sec. 1001.311.  APPLICATION BY NONRESIDENT. (a) A person
	who holds a license or certificate of registration issued by
	another state or a foreign country may apply under this chapter for
	a license in this state.
	(b)  The board may waive any prerequisite to obtaining a
	license under this chapter for an applicant after reviewing the
	applicant's credentials and determining that the applicant holds a
	license issued by another jurisdiction that has licensing
	requirements substantially equivalent to those of this state.
	SECTION 1.39.  Section 1001.312, Occupations Code, is
	amended to read as follows:
	Sec. 1001.312.  REPLACEMENT LICENSE. The board, subject to
	board rules, may issue a new license to replace a license issued
	under this chapter that is lost, destroyed, or mutilated.
	SECTION 1.40.  The heading to Subchapter H, Chapter 1001,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER H. ENGINEERING LICENSE RENEWAL
	SECTION 1.41.  Section 1001.452, Occupations Code, is
	amended to read as follows:
	Sec. 1001.452.  GROUNDS FOR DISCIPLINARY ACTION. A person
	is subject to disciplinary action under Section 1001.451 for:
	(1)  a violation of this chapter or a board rule adopted
	under this chapter;
	(2)  fraud or deceit in obtaining a license;
	(3)  a documented instance of retaliation by an
	applicant against an individual who has served as a reference for
	that applicant;
	(4)  gross negligence, incompetency, or misconduct in
	the practice of engineering; or
	(5)  a failure to timely provide plans or
	specifications to the Texas Department of Licensing and Regulation
	as required by Chapter 469, Government Code [Article 9102, Revised
	Statutes].
	SECTION 1.42.  Section 1001.501, Occupations Code, is
	amended to read as follows:
	Sec. 1001.501.  IMPOSITION OF ADMINISTRATIVE PENALTY. The
	board may impose an administrative penalty on a person who violates
	this chapter or Chapter 1071 or a rule adopted or order issued under
	this chapter or Chapter 1071.
	SECTION 1.43.  Section 1001.502, Occupations Code, is
	amended by amending Subsection (a) and adding Subsection (a-1) to
	read as follows:
	(a)  The amount of an administrative penalty may not exceed:
	(1)  $5,000 for each violation of this chapter or a rule
	adopted or order issued under this chapter; and
	(2)  $1,500 for each violation of Chapter 1071 or a rule
	adopted or order issued under Chapter 1071.
	(a-1)  Each day a violation continues or occurs is a separate
	violation for purposes of imposing a penalty.
	SECTION 1.44.  Sections 1001.551(a) and (d), Occupations
	Code, are amended to read as follows:
	(a)  In addition to any other action authorized by law, the
	board may bring an action in the board's name to enjoin a person
	from violating this chapter or Chapter 1071 or a board rule adopted
	under this chapter or Chapter 1071.
	(d)  In an action for an injunction under this section, the
	defendant may assert and prove as a complete defense to the action
	that the board deprived the defendant of a license, certificate, or
	registration by a board action or proceeding that was:
	(1)  arbitrary or capricious;
	(2)  contrary to law; or
	(3)  conducted without due process of law.
	SECTION 1.45.  Section 1001.5511, Occupations Code, is
	amended to read as follows:
	Sec. 1001.5511.  CEASE AND DESIST ORDER. If it appears to
	the board that a person who is not licensed, certified, or
	registered under this chapter or Chapter 1071 is violating this
	chapter or Chapter 1071, a rule adopted under this chapter or
	Chapter 1071, or another state statute or rule relating to the
	practice of engineering or land surveying, the board, after notice
	and opportunity for a hearing, may issue a cease and desist order
	prohibiting the person from engaging in the activity.
	SECTION 1.46.  Section 1001.552(a), Occupations Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person:
	(1)  engages in the practice of engineering without
	being licensed or exempted from the licensing requirement under
	this chapter;
	(2)  violates this chapter with respect to the
	regulation of engineering;
	(3)  presents or attempts to use as the person's own the
	engineering license or seal of another; or
	(4)  gives false evidence of any kind to the board or a
	board member in obtaining an engineering [a] license.
	SECTION 1.47.  Section 1001.553, Occupations Code, is
	amended to read as follows:
	Sec. 1001.553.  REPORT OF VIOLATION. A public official
	shall report a violation of this chapter or Chapter 1071 to the
	proper authorities.
	SECTION 1.48.  Section 1001.554, Occupations Code, is
	amended to read as follows:
	Sec. 1001.554.  PRESENTATION OF COMPLAINTS BY BOARD;
	ASSISTANCE AT TRIAL. (a) A member of the board may present to a
	prosecuting officer a complaint relating to a violation of this
	chapter or Chapter 1071.
	(b)  The board through its members, officers, counsel, and
	agents and subject to the control of the prosecuting officer may
	assist in the trial of a case involving an alleged violation of this
	chapter or Chapter 1071.
	SECTION 1.49.  Section 1001.555(a), Occupations Code, is
	amended to read as follows:
	(a)  The attorney general shall:
	(1)  act as legal advisor of the board;
	(2)  provide legal assistance to the board as necessary
	to enforce this chapter or Chapter 1071 and make those laws [it]
	effective; and
	(3)  represent the board in an action brought to
	enforce this chapter or Chapter 1071.
	SECTION 1.50.  Section 1001.556, Occupations Code, is
	amended to read as follows:
	Sec. 1001.556.  APPEAL BOND. The board is not required to
	give an appeal bond in a cause arising under this chapter or Chapter
	1071.
	SECTION 1.51.  Section 1071.002(1), Occupations Code, is
	amended to read as follows:
	(1)  "Board" means the Texas Board of Professional
	Engineers and Land Surveyors [Surveying].
	SECTION 1.52.  Section 1071.254, Occupations Code, is
	amended by amending Subsection (a) and adding Subsection (c) to
	read as follows:
	(a)  An applicant for registration as a registered
	professional land surveyor must:
	(1)  hold a certificate as a surveyor-in-training;
	(2)  have at least two years of experience satisfactory
	to the board as a surveyor-in-training in performing surveying in
	delegated responsible charge as a subordinate to a surveyor
	registered or licensed to engage in the practice of surveying in
	this state or in another state having registration or licensing
	requirements equivalent to the requirements of this state; and
	(3)  [if the application is filed after January 1,
	2003,] have earned an associate or [a] bachelor's degree from an
	accredited institution of higher education that included at least
	32 semester hours in a combination of courses acceptable to the
	board in:
	(A)  civil engineering;
	(B)  land surveying;
	(C)  mathematics;
	(D)  photogrammetry;
	(E)  forestry;
	(F)  land law; or
	(G)  the physical sciences.
	(c)  The board by rule may authorize the waiver of the
	requirement that an applicant for registration as a registered
	professional land surveyor have a bachelor's degree if the board
	determines:
	(1)  the applicant possesses sufficient qualifications
	to justify the waiver; and
	(2)  the applicant's registration does not pose a
	threat to the public health, safety, or welfare.
	SECTION 1.53.  The heading to Section 1071.301, Occupations
	Code, is amended to read as follows:
	Sec. 1071.301.  LICENSE TERM AND [ANNUAL] RENEWAL
	[REQUIRED].
	SECTION 1.54.  Section 1071.301, Occupations Code, is
	amended by amending Subsection (a) and adding Subsections (a-1) and
	(a-2) to read as follows:
	(a)  The board by rule shall provide:
	(1)  that each certificate of registration or license
	under this chapter is valid for a term of one year or two years; and
	(2)  for the renewal of the certificate or license.
	(a-1)  The board by rule may adopt a system under which
	certificates of registration and licenses expire on various dates
	during the year.
	(a-2)  For the year in which the certificate or license
	expiration date is changed, the board shall prorate certificate and
	license fees on a monthly basis so that each certificate or license
	holder pays only that portion of the certificate or license fee that
	is allocable to the number of months during which the certificate or
	license is valid. On renewal of the certificate or license on the
	new expiration date, the total certificate or license renewal fee
	is payable.
	SECTION 1.55.  Section 1071.352(a-2), Occupations Code, is
	amended to read as follows:
	(a-2)  The board may refuse to issue or renew and may suspend
	or revoke the registration of a business entity and may impose an
	administrative penalty under Subchapter K, Chapter 1001, against
	the owner of a business entity for a violation of this chapter by an
	employee, agent, or other representative of the entity, including a
	registered professional land surveyor employed by the entity.
	SECTION 1.56.  Section 1071.401(a), Occupations Code, is
	amended to read as follows:
	(a)  The board shall revoke, suspend, or refuse to renew a
	certificate of registration or license, place on probation a person
	whose certificate or license has been suspended, or reprimand a
	registration holder or license holder for:
	(1)  fraud or deceit in obtaining a certificate or
	license under this chapter;
	(2)  gross negligence, incompetence, or misconduct in
	the practice of surveying as a land surveyor; or
	(3)  a violation of this chapter or a board rule adopted
	under this chapter.
	SECTION 1.57.  Sections 1071.4035(a) and (b), Occupations
	Code, are amended to read as follows:
	(a)  The board by rule shall establish guidelines for an
	informal settlement conference related to a complaint filed with
	the board regarding conduct regulated under this chapter.
	(b)  Subject to Subsection (c), the board may order a person
	licensed or registered under this chapter to pay restitution to a
	consumer as provided in an agreement resulting from an informal
	settlement conference instead of or in addition to assessing an
	administrative penalty under Subchapter K, Chapter 1001 [this
	chapter].
	SECTION 1.58.  The following provisions of the Occupations
	Code are repealed:
	(1)  Section 1071.003;
	(2)  Subchapter B, Chapter 1071;
	(3)  Subchapter C, Chapter 1071;
	(4)  Subchapter D, Chapter 1071;
	(5)  Subchapter E, Chapter 1071;
	(6)  Section 1071.255(c);
	(7)  Section 1071.257;
	(8)  Section 1071.258;
	(9)  Section 1071.263;
	(10)  Section 1071.302;
	(11)  Section 1071.303;
	(12)  Sections 1071.402(b), (c), (d), (e), (f), and
	(g);
	(13)  Subchapter J, Chapter 1071;
	(14)  Section 1071.501;
	(15)  Section 1071.502; and
	(16)  Subchapter L, Chapter 1071.
	ARTICLE 2.  CONFORMING AMENDMENTS
	SECTION 2.01.  Section 150.003(a), Civil Practice and
	Remedies Code, is amended to read as follows:
	(a)  This section applies only to a licensed or registered
	professional who provides architectural or engineering services if
	the services:
	(1)  are authorized, as appropriate for the
	professional, in:
	(A)  Chapter 1001, Occupations Code;
	(B)  Chapter 1051, Occupations Code;
	(C)  22 T.A.C. Part 6 (Texas Board of
	Professional Engineers and Land Surveyors), Chapter 137
	(Compliance and Professionalism); and
	(D)  22 T.A.C. Part 1 (Texas Board of
	Architectural Examiners), Chapter 1 (Architects), Subchapter H
	(Professional Conduct);
	(2)  subject to Subsection (d), are provided
	voluntarily and without compensation or the expectation of
	compensation;
	(3)  are in response to and provided during the
	duration of a proclaimed state of emergency under Section 433.001,
	Government Code, or a declared state of disaster under Section
	418.014, Government Code;
	(4)  are provided at the request or with the approval of
	a federal, state, or local public official acting in an official
	capacity in response to the proclaimed state of emergency or
	declared disaster, including a law enforcement official, public
	safety official, or building inspection official; and
	(5)  are related to a structure, building, roadway,
	piping, or other system, either publicly or privately owned.
	SECTION 2.02.  Section 411.122(d), Government Code, is
	amended to read as follows:
	(d)  The following state agencies are subject to this
	section:
	(1)  Texas Appraiser Licensing and Certification
	Board;
	(2)  Texas Board of Architectural Examiners;
	(3)  Texas Board of Chiropractic Examiners;
	(4)  State Board of Dental Examiners;
	(5)  Texas Board of Professional Engineers and Land
	Surveyors;
	(6)  Texas Funeral Service Commission;
	(7)  Texas Board of Professional Geoscientists;
	(8)  [Department of State] Health and Human Services
	Commission, except as provided by Section 411.110, and agencies
	attached to the commission [department], including:
	(A)  Texas State Board of Examiners of Marriage
	and Family Therapists;
	(B)  Texas State Board of Examiners of
	Professional Counselors; and
	(C)  Texas State Board of Social Worker Examiners;
	(9)  [Texas Board of Professional Land Surveying;
	[(10)]  Texas Department of Licensing and Regulation,
	except as provided by Section 411.093;
	(10)  [(11)] Texas Commission on Environmental
	Quality;
	(11)  [(12)] Texas Board of Occupational Therapy
	Examiners;
	(12)  [(13)] Texas Optometry Board;
	(13)  [(14)] Texas State Board of Pharmacy;
	(14)  [(15)] Texas Board of Physical Therapy
	Examiners;
	(15)  [(16)] Texas State Board of Plumbing Examiners;
	(16)  [(17)   Texas State Board of Podiatric Medical
	Examiners;
	[(18)]  Texas State Board of Examiners of
	Psychologists;
	(17) [(19)]  Texas Real Estate Commission;
	(18) [(20)]  Texas Department of Transportation;
	(19) [(21)]  State Board of Veterinary Medical
	Examiners;
	(20) [(22)]  Texas Department of Housing and Community
	Affairs;
	(21) [(23)]  secretary of state;
	(22) [(24)]  state fire marshal;
	(23) [(25)]  Texas Education Agency;
	(24) [(26)]  Department of Agriculture; and
	(25) [(27)]  Texas Department of Motor Vehicles.
	SECTION 2.03.  Section 469.104, Government Code, is amended
	to read as follows:
	Sec. 469.104.  FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
	The commission shall report to the Texas Board of Architectural
	Examiners, the Texas Board of Professional Engineers and Land
	Surveyors, or another appropriate licensing authority the failure
	of any architect, interior designer, landscape architect, or
	engineer to submit or resubmit in a timely manner plans and
	specifications to the department as required by this subchapter.
	SECTION 2.04.  Section 472.001, Government Code, is amended
	to read as follows:
	Sec. 472.001.  APPLICABILITY OF CHAPTER. This chapter
	applies to:
	(1)  the Texas State Board of Public Accountancy;
	(2)  the Texas Board of Professional Engineers and Land
	Surveyors; and
	(3)  the Texas Board of Architectural Examiners.
	SECTION 2.05.  Section 472.102(c), Government Code, is
	amended to read as follows:
	(c)  The Texas State Board of Public Accountancy shall
	annually remit $703,344 to the general revenue fund, the Texas
	Board of Professional Engineers and Land Surveyors shall annually
	remit $373,900 to the general revenue fund, and the Texas Board of
	Architectural Examiners shall annually remit $510,000 to the
	general revenue fund.
	SECTION 2.06.  Section 2054.352(a), Government Code, is
	amended to read as follows:
	(a)  The following licensing entities shall participate in
	the system established under Section 2054.353:
	(1)  Texas Board of Chiropractic Examiners;
	(2)  Judicial Branch Certification Commission;
	(3)  State Board of Dental Examiners;
	(4)  Texas Funeral Service Commission;
	(5)  [Texas Board of Professional Land Surveying;
	[(6)] Texas Medical Board;
	(6) [(7)]  Texas Board of Nursing;
	(7) [(8)]  Texas Optometry Board;
	(8) [(9)]  Department of Agriculture, for licenses
	issued under Chapter 1951, Occupations Code;
	(9) [(10)]  Texas State Board of Pharmacy;
	(10) [(11)]  Executive Council of Physical Therapy and
	Occupational Therapy Examiners;
	(11) [(12)]  Texas State Board of Plumbing Examiners;
	(12) [(13)     Texas State Board of Podiatric Medical
	Examiners;
	[(14)]  Texas State Board of Examiners of
	Psychologists;
	(13) [(15)]  State Board of Veterinary Medical
	Examiners;
	(14) [(16)]  Texas Real Estate Commission;
	(15) [(17)]  Texas Appraiser Licensing and
	Certification Board;
	(16) [(18)]  Texas Department of Licensing and
	Regulation;
	(17) [(19)]  Texas State Board of Public Accountancy;
	(18) [(20)]  State Board for Educator Certification;
	(19) [(21)]  Texas Board of Professional Engineers and
	Land Surveyors;
	(20) [(22)  Department of State] Health and Human
	Services Commission;
	(21) [(23)]  Texas Board of Architectural Examiners;
	(22) [(24)]  Texas Racing Commission;
	(23) [(25)]  Texas Commission on Law Enforcement; and
	(24) [(26)]  Texas Private Security Board.
	SECTION 2.07.  Section 2166.202(b), Government Code, is
	amended to read as follows:
	(b)  The commission, in consultation with the Texas Board of
	Architectural Examiners and the Texas Board of Professional
	Engineers and Land Surveyors, shall adopt by rule criteria to
	evaluate the competence and qualifications of a prospective private
	design professional.
	SECTION 2.08.  Section 361.901(6), Health and Safety Code,
	is amended to read as follows:
	(6)  "Licensed professional engineer" means a person
	licensed as an engineer by the Texas Board of Professional
	Engineers and Land Surveyors.
	SECTION 2.09.  Section 366.071(c), Health and Safety Code,
	is amended to read as follows:
	(c)  A person who conducts preconstruction site evaluations,
	including visiting a site and performing a soil analysis, a site
	survey, or other activities necessary to determine the suitability
	of a site for an on-site sewage disposal system must hold a license
	issued by the commission under Chapter 37, Water Code, unless the
	person is licensed by the Texas Board of Professional Engineers and
	Land Surveyors as an engineer.
	SECTION 2.10.  Sections 2210.2515(c) and (d), Insurance
	Code, are amended to read as follows:
	(c)  A person may apply to the association on a form
	prescribed by the department for a certificate of compliance for a
	completed improvement. The association shall issue a certificate
	of compliance for a completed improvement if a professional
	engineer licensed by the Texas Board of Professional Engineers and
	Land Surveyors:
	(1)  has designed the improvement, has affixed the
	engineer's seal on the design, and submits to the association on a
	form prescribed by the department an affirmation of compliance with
	the applicable building code under the plan of operation; or
	(2)  completes a sealed post-construction evaluation
	report that confirms compliance with the applicable building code
	under the plan of operation.
	(d)  A person may apply to the department on a form
	prescribed by the department for a certificate of compliance for an
	ongoing improvement. Except as provided by Subsection (e), the
	department shall issue a certificate of compliance for an ongoing
	improvement if a qualified inspector under Section 2210.254
	inspects the ongoing improvement in accordance with commissioner
	rule and affirms that the improvement:
	(1)  conforms to a design of the improvement that has a
	seal affixed by a professional engineer licensed by the Texas Board
	of Professional Engineers and Land Surveyors and complies with the
	applicable building code under the plan of operation; or
	(2)  complies with the applicable building code under
	the plan of operation.
	SECTION 2.11.  Section 89.023(a), Natural Resources Code, is
	amended to read as follows:
	(a)  The commission may grant an extension of the deadline
	for plugging an inactive well if the operator maintains a current
	organization report with the commission as required by Section
	91.142 and if, on or before the date of renewal of the operator's
	organization report as required by that section, the operator files
	with the commission an application for an extension that includes:
	(1)  an affirmation that complies with Section 89.029;
	(2)  a statement that the operator has, and on request
	will provide, evidence of a good faith claim to a continuing right
	to operate the well; and
	(3)  at least one of the following:
	(A)  documentation that since the preceding date
	that the operator's organization report was required to be renewed
	the operator has plugged, or restored to active operation as
	defined by commission rule, a number of inactive wells equal to or
	greater than 10 percent of the number of inactive wells operated by
	the operator on that date;
	(B)  an abeyance of plugging report on a form
	approved by the commission that:
	(i)  is in the form of a certification signed
	by a person licensed by the Texas Board of Professional Engineers
	and Land Surveyors as an engineer or by the Texas Board of
	Professional Geoscientists;
	(ii)  includes:
	(a)  an affirmation by the licensed
	person that the well has:
	(1)  a reasonable expectation of
	economic value in excess of the cost of plugging the well for the
	duration of the period covered by the report, based on the cost
	calculation for plugging an inactive well; and
	(2)  a reasonable expectation of
	being restored to a beneficial use that will prevent waste of oil or
	gas resources that otherwise would not be produced if the well were
	plugged; and
	(b)  appropriate documentation
	demonstrating the basis for the affirmation of the well's future
	utility; and
	(iii)  specifies the field and the covered
	wells within that field in a format prescribed by the commission;
	(C)  a statement that the well is part of an
	enhanced oil recovery project;
	(D)  if the operator of the well is not currently
	otherwise required by commission rule or order to conduct a fluid
	level or hydraulic pressure test of the well, documentation of the
	results of a successful fluid level or hydraulic pressure test of
	the well conducted in accordance with the commission's rules in
	effect at the time the test is conducted;
	(E)  a supplemental bond, letter of credit, or
	cash deposit sufficient for each well specified in the application
	that:
	(i)  complies with the requirements of
	Chapter 91; and
	(ii)  is of an amount at least equal to the
	cost calculation for plugging an inactive well for each well
	specified in the application;
	(F)  documentation of the deposit with the
	commission each time the operator files an application of an amount
	of escrow funds as prescribed by commission rule that equal at least
	10 percent of the total cost calculation for plugging an inactive
	well for each well specified in the application; or
	(G)  if the operator is a publicly traded entity:
	(i)  the following documents:
	(a)  a copy of the operator's federal
	documents filed to comply with Financial Accounting Standards Board
	Statement No. 143, Accounting for Asset Retirement Obligations;
	and
	(b)  an original, executed Uniform
	Commercial Code Form 1 Financing Statement, filed with the
	secretary of state, that:
	(1)  names the operator as the
	"debtor" and the Railroad Commission of Texas as the "secured
	creditor"; and
	(2)  specifies the funds covered
	by the documents described by Sub-subparagraph (a) in the amount of
	the cost calculation for plugging an inactive well for each well
	specified in the application; or
	(ii)  a blanket bond in the amount of the
	lesser of:
	(a)  the cost calculation for plugging
	any inactive wells; or
	(b)  $2 million.
	SECTION 2.12.  Section 1002.004(j), Occupations Code, is
	amended to read as follows:
	(j)  The board and the Texas Board of Professional Engineers
	and Land Surveyors by rule, memorandum of understanding, or other
	appropriate procedure or document shall jointly resolve any
	conflict between this chapter or a rule adopted under this chapter
	and Chapter 1001 or a rule adopted under that chapter.
	SECTION 2.13.  Sections 1051.607(b), (g), and (h),
	Occupations Code, are amended to read as follows:
	(b)  An engineer may not engage or offer to engage in the
	practice of architecture unless:
	(1)  the engineer is listed under Subsection (a); and
	(2)  the engineer is in good standing with the Texas
	Board of Professional Engineers and Land Surveyors.
	(g)  The board and the Texas Board of Professional Engineers
	and Land Surveyors shall pay equally the costs of a contested case.
	(h)  The Texas Board of Professional Engineers and Land
	Surveyors has exclusive regulatory oversight over an engineer
	listed under Subsection (a).
	SECTION 2.14.  Section 223.151, Transportation Code, is
	amended to read as follows:
	Sec. 223.151.  APPLICABILITY. This subchapter:
	(1)  applies to services of a technical expert,
	including an archeologist, biologist, geologist, or historian, to
	conduct an environmental or cultural assessment required by state
	or federal law for a transportation project under the authority or
	jurisdiction of the department; and
	(2)  does not apply to services defined as engineering
	by the Texas Board of Professional Engineers and Land Surveyors
	under Chapter 1001, Occupations Code.
	SECTION 2.15.  Section 26.3573(u), Water Code, is amended to
	read as follows:
	(u)  The petroleum storage tank remediation account may not
	be used to pay for a site remediation that involves the installation
	or construction of on-site equipment, structures, or systems used
	in the extraction or management of wastes, except for soil
	excavation and landfill disposal or well sampling and monitoring,
	unless:
	(1)  the plans and specifications for the equipment,
	structures, or systems are sealed by an engineer licensed by the
	Texas Board of Professional Engineers and Land Surveyors; and
	(2)  the equipment, structures, or systems are
	constructed under the supervision of an engineer licensed by the
	Texas Board of Professional Engineers and Land Surveyors.
	SECTION 2.16.  Sections 26.364(b), (c), and (e), Water Code,
	are amended to read as follows:
	(b)  The commission, on the request of an engineer licensed
	by the Texas Board of Professional Engineers and Land Surveyors,
	shall register the engineer in the program.
	(c)  An engineer registered in the program may contract to
	perform corrective action under this subchapter unless the Texas
	Board of Professional Engineers and Land Surveyors determines the
	engineer is not qualified to perform a corrective action.
	(e)  The commission may not adopt minimum qualifications for
	an engineer licensed by the Texas Board of Professional Engineers
	and Land Surveyors to contract with an eligible owner or operator to
	perform a corrective action under this subchapter.
	SECTION 2.17.  Sections 26.366(b), (c), and (e), Water Code,
	are amended to read as follows:
	(b)  The commission, on the request of an engineer licensed
	by the Texas Board of Professional Engineers and Land Surveyors,
	shall license the engineer in the program.
	(c)  An engineer licensed in the program may supervise a
	corrective action under this subchapter unless the Texas Board of
	Professional Engineers and Land Surveyors determines the engineer
	is not qualified to supervise a corrective action.
	(e)  The commission may not adopt minimum qualifications for
	an engineer licensed by the Texas Board of Professional Engineers
	and Land Surveyors to supervise a corrective action under this
	subchapter.
	ARTICLE 3.  TRANSITIONS AND EFFECTIVE DATE
	SECTION 3.01.  (a) The Texas Board of Professional Land
	Surveying is abolished but continues in existence until September
	1, 2020, for the sole purpose of transferring obligations,
	property, rights, powers, and duties to the Texas Board of
	Professional Engineers and Land Surveyors as created by this Act.
	The Texas Board of Professional Engineers and Land Surveyors
	assumes all of the obligations, property, rights, powers, and
	duties of the Texas Board of Professional Land Surveying as they
	exist immediately before the effective date of this Act.  All
	unexpended funds appropriated to the Texas Board of Professional
	Land Surveying are transferred to the Texas Board of Professional
	Engineers and Land Surveyors.
	(b)  The Texas Board of Professional Engineers and Land
	Surveyors and the Texas Board of Professional Land Surveying shall,
	in consultation with appropriate state entities, ensure that the
	transfer of the obligations, property, rights, powers, and duties
	of the Texas Board of Professional Land Surveying to the Texas Board
	of Professional Engineers and Land Surveyors is completed not later
	than September 1, 2020.
	(c)  All rules of the Texas Board of Professional Land
	Surveying are continued in effect as rules of the Texas Board of
	Professional Engineers and Land Surveyors until superseded by a
	rule of the Texas Board of Professional Engineers and Land
	Surveyors.  A certificate, license, registration, or other
	authorization issued by the Texas Board of Professional Land
	Surveying is continued in effect as provided by the law in effect
	immediately before the effective date of this Act.  An application
	for a certificate, license, registration, or other authorization
	pending on the effective date of this Act is continued without
	change in status after the effective date of this Act.  A complaint,
	investigation, contested case, or other proceeding pending on the
	effective date of this Act is continued without change in status
	after the effective date of this Act.
	SECTION 3.02.  The change in law made by this Act to Section
	1001.101, Occupations Code, does not affect the entitlement of a
	member serving on the Texas Board of Professional Engineers
	immediately before the effective date of this Act to continue to
	serve for the remainder of the member's term.  As the terms of board
	members expire, the governor shall appoint or reappoint members to
	the Texas Board of Professional Engineers and Land Surveyors who
	have the qualifications required for members under Sections
	1001.101 and 1001.102, Occupations Code, as amended by this Act.
	SECTION 3.03.  (a) Except as provided by Subsection (b) of
	this section, Section 1001.112, Occupations Code, as amended by
	this Act, applies to a member of the Texas Board of Professional
	Engineers and Land Surveyors appointed before, on, or after the
	effective date of this Act.
	(b)  A member of a board who, before the effective date of
	this Act, completed the training program required by Section
	1001.112, Occupations Code, as that section existed before the
	effective date of this Act, is required to complete additional
	training only on the subjects added by this Act to the training
	program.  A board member described by this subsection may not vote,
	deliberate, or be counted as a member in attendance at a meeting of
	the board held on or after September 1, 2020, until the member
	completes the additional training.
	SECTION 3.04.  Sections 1001.272 and 1001.277, Occupations
	Code, as transferred, redesignated, and amended by this Act, with
	respect to an application for a license or registration or renewal
	of a license or registration for a registered professional land
	surveyor or licensed state land surveyor, apply only to an
	application filed with the Texas Board of Professional Engineers
	and Land Surveyors on or after September 1, 2020. An application
	filed before September 1, 2020, is governed by the law in effect
	immediately before the effective date of this Act, and the former
	law is continued in effect for that purpose.
	SECTION 3.05.  Section 1071.254(a), Occupations Code, as
	amended by this Act, applies only to an application for
	registration as a registered professional land surveyor that is
	filed on or after the effective date of this Act.  An application
	for a registration that was filed before the effective date of this
	Act is governed by the law in effect on the date the application was
	filed, and the former law is continued in effect for that purpose.
	SECTION 3.06.  To the extent of any conflict, this Act
	prevails over another Act of the 86th Legislature, Regular Session,
	2019, relating to nonsubstantive additions to and corrections in
	enacted codes.
	SECTION 3.07.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1523 was passed by the House on April
	10, 2019, by the following vote:  Yeas 143, Nays 0, 1 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 1523 on May 23, 2019, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 1523 on May 26, 2019, by the following vote:  Yeas 144,
	Nays 1, 1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1523 was passed by the Senate, with
	amendments, on May 20, 2019, by the following vote:  Yeas 31, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	1523 on May 26, 2019, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor