22 TAC §133.12

The Texas Board of Professional Engineers adopts new §133.12, concerning Emergency Temporary License, on an emergency basis.

The new rule outlines the process and conditions the Board will use to issue an Emergency Temporary License. This new license type will be only available to those professional engineers licensed in a U.S. jurisdiction other than Texas that intend on performing engineering services in Texas counties affected by Hurricane Harvey. A license issued under this rule will be temporary and be valid for 90 days from the date issued. A simplified application process is outlined in the rule. The new application process will be available through December 4, 2017, and may be extended as needed through further rulemaking by the Board.

As a result of the Proclamation by the Governor of the State of Texas dated August 28, 2017, declaring a state of emergency due to Hurricane Harvey, the Texas Board of Professional Engineers has determined that the conditions outlined in §2001.034 of the Texas Government Code concerning Emergency Rulemaking have been satisfied to adopt a new rule concerning the issuance of Emergency Temporary Licenses.

The new rule is adopted on an emergency basis under the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the Board to 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 practice of engineering in this state.

§133.12.Emergency Temporary License.

(a) Per §1001.310 of the Act and in conjunction with the Proclamation by the Governor of the State of Texas dated August 28, 2017, the board may issue an Emergency Temporary License to individuals who meet the following requirements:

(1) Applicant is currently licensed as a Professional Engineer, is in good standing, and has no current or pending disciplinary actions in any U.S. state or territory;

(2) Applicant has submitted to the board in writing an Emergency Temporary License application described in this section; and

(3) Applicant intends to do engineering work in Texas only in the counties included in the Proclamation by the Governor of the State of Texas dated August 28, 2017.

(b) An Emergency Temporary License Application shall consist of the following items:

(1) Emergency Temporary License Application form;

(2) passing score on the Texas Engineering Professional Conduct and Ethics Examination;

(3) verification of current licensure and current disciplinary status from home jurisdiction or NCEES Council Record;

(4) documentation of submittal of fingerprints for criminal history record check as required by §1001.3035 of the Act; and

(5) application fee.

(c) Except as provided in this section, an Emergency Temporary License holder shall be subject to all other rules, laws, and legal requirements to which a holder of a standardlicense is subject.

(d) An Emergency Temporary License issued under this section shall be valid for 90 days from the date the license is issued and may not be renewed.

(e) An applicant that has been issued an Emergency Temporary License may apply for a standard license using the standard license application process.

(f) Emergency Temporary License applications may be accepted through December 4, 2017.

(g) Engineers issued an Emergency Temporary License under this section are only permitted to offer or perform engineering services for projects located in the counties included in the Proclamation by the Governor of the State of Texas dated August 28, 2017, and must practice only in their area of competence as demonstrated by education and experience.

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

Filed with the Office of the Secretary of State on September 5, 2017.


Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: September 5, 2017

Expiration date: January 2, 2018

For further information, please call: (512) 440-3054