Title OC, Occupations Code

Sec. 1001.214. TECHNOLOGY POLICY. The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions m…

Sec. 1001.215. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and (2) appropria…

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 appoi…

Sec. 1001.251. CONSUMER INTEREST INFORMATION. (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…

Sec. 1001.252. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules that permit the board to receive and investigate a confidential complaint against a person who may have violated this chapter or Chapter 1071. The board shall maintain …

Sec. 1001.253. COMPLAINT INFORMATION. (a) The board shall: (1) assign a number to each complaint filed with the board; and (2) ensure that each phase of the processing of a complaint is appropriately documented. (b) The board shall maintain a file on each written complaint filed …

Sec. 1001.254. STATISTICAL ANALYSIS OF COMPLAINTS. (a) The board shall develop and maintain a complaint tracking system to monitor the processing of complaints filed with the board. (b) The board shall include with the board's annual financial report under Section 2101.011, Gover…

Sec. 1001.255. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 21, ef…

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. Added by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.28, eff. September 1, 20…

Sec. 1001.272. 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 tha…

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. Added by Acts 2019, 86th L…

Sec. 1001.273. EXAMINATION RESULTS. (a) Not later than the 30th day after the date a person takes an 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 se…

Sec. 1001.274. REEXAMINATION. The board may permit reexamination of an applicant on payment of an appropriate reexamination fee in an amount set by the board. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Transferred and redesignated from Occupations Code, S…

Sec. 1001.275. 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 boa…

Sec. 1001.276. PROCEDURE FOR RENEWAL. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the board before the expiration date of the license. A person whose license has expired may not engage in activitie…

Sec. 1001.277. 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 rene…

Sec. 1001.278. 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 …

Sec. 1001.279. INACTIVE STATUS. (a) An engineer or land surveyor may request inactive status at any time. An engineer or land surveyor on inactive status may not practice engineering or land surveying, as applicable. (b) An engineer or land surveyor on inactive status must pay a …

Sec. 1001.301. LICENSE REQUIRED. (a) A person may not engage in the practice of engineering unless the person holds a license issued under this chapter. (b) Except as provided by Subsection (f), a person may not, unless the person holds a license issued under this chapter, direct…

Sec. 1001.302. LICENSE ELIGIBILITY REQUIREMENTS. (a) An applicant for a license under this chapter must submit evidence satisfactory to the board showing at least that the applicant has: (1) graduated from: (A) an engineering curriculum approved by the board as having satisfactor…

Sec. 1001.303. APPLICATION FOR LICENSE. (a) An applicant for a license under this chapter must submit an application on a form prescribed and provided by the board. (b) The application must contain: (1) personal information about the applicant, as required by board rule; (2) a de…

Sec. 1001.304. EXAMINATION. (a) The board shall administer examinations to determine the qualifications of applicants for a license. (b) The board shall prescribe the scope of the examination and the methods of procedure with special reference to an applicant's ability to design …

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…

Sec. 1001.308. ISSUANCE OF LICENSE. (a) On payment of the license fee, the board shall issue a license authorizing the practice of engineering to an applicant who, in the board's opinion, has met all the requirements of this subchapter. (b) A license shall: (1) show the full name…

Sec. 1001.309. CERTIFICATION OR ENROLLMENT OF ENGINEERS-IN-TRAINING. (a) The board shall certify or enroll as an engineer-in-training an applicant who meets the requirements of Subsection (b) if the applicant is otherwise qualified. (b) The board shall consider as minimum evidenc…

Sec. 1001.310. TEMPORARY OR PROVISIONAL LICENSE. (a) The board by rule may adopt standards and procedures for issuing a temporary or provisional license under this chapter. (b) The board may issue a provisional license to an applicant currently licensed in another jurisdiction wh…

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 …

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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by: Acts 2019, 86th Leg…

Sec. 1001.351. LICENSE OR REGISTRATION TERM AND RENEWAL. (a) The board shall adopt rules providing for the renewal of a license or registration issued under this chapter. The rules must provide that a license or registration issued under this chapter is valid for a term of not le…

Sec. 1001.401. USE OF SEAL. (a) On receiving a license, a license holder shall obtain a seal in a design authorized by the board, showing the license holder's name and the legend "Licensed Professional Engineer" or "Registered Professional Engineer." (b) A plan, specification, pl…

Sec. 1001.402. ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS. A public official of the state or of a political subdivision of the state who is responsible for enforcing laws that affect the practice of engineering may accept a plan, specification, or other related document only if the …

Sec. 1001.403. PROFESSIONAL IDENTIFICATION. A person licensed under this chapter shall use the term "Engineer," "Professional Engineer," or "P.E." in the professional use of the person's name on a sign, directory, listing, document, contract, pamphlet, stationery, advertisement, …

Sec. 1001.404. ELIGIBILITY FOR APPOINTED STATE POSITION. An engineer is eligible to hold any appointive engineering position with the state. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.

Sec. 1001.405. PRACTICE BY BUSINESS ENTITY; REGISTRATION. (a) In this section, "business entity" includes a sole proprietorship, firm, partnership, corporation, or joint stock association. (b) A business entity may not engage in the practice of engineering in this state unless: (…

Sec. 1001.406. GRADUATE ENGINEERS. (a) A graduate of a university recognized by the American Association of Colleges and Universities who has a degree from an engineering program accredited by the Accreditation Board for Engineering and Technology (ABET) has the right to: (1) dis…

Sec. 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS. The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless: (1) the engineering plans, specifications, and estimate…

Sec. 1001.451. DISCIPLINARY POWERS OF BOARD. On a determination that a ground for disciplinary action exists under Section 1001.452, the board may: (1) deny an application for a license; (2) revoke, suspend, or refuse to renew a license; (3) probate the suspension of a license; o…

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 …

Sec. 1001.4525. PROBATION. (a) If a person's license suspension is probated, the board may require the person to: (1) report regularly to the board on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the board; or (3) continue or review p…

Sec. 1001.4526. RESTITUTION. (a) Subject to Subsection (b), 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 imposing a…

Sec. 1001.4527. RECUSAL OF BOARD MEMBER. (a) A board member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint: (1) may not vote on the matter at a board meeting related to the complaint; and (2) shall state at the …

Sec. 1001.4528. EMERGENCY SUSPENSION. (a) The board or a three-member panel of board members designated by the board shall temporarily suspend the license, certificate, or registration of a person if the board or panel determines from the evidence or information presented to it t…

Sec. 1001.453. REVIEW OF LICENSE HOLDER'S STATUS. (a) The board by rule may review the status of a license holder the board believes: (1) may have been issued a license through fraud or error; or (2) may constitute a threat to the public health, safety, or welfare. (b) The board …

Sec. 1001.454. RIGHT TO HEARING. (a) If the board proposes to suspend or revoke a person's license, the person is entitled to a hearing. (b) Proceedings for the suspension or revocation of a license are governed by Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch.…

Sec. 1001.455. APPEAL OF LICENSE REVOCATION. A person whose license has been revoked may file suit to annul or vacate the board's order revoking the license. The person may file the suit in the district court of the county in which: (1) the person resides; or (2) the alleged cond…

Sec. 1001.456. REISSUANCE OF REVOKED LICENSE. The board may reissue a license to a person whose license has been revoked if the board has sufficient reason to reissue the license. At least six board members must vote for reissuance of the license. A new license may be issued in a…