TITLE 22. EXAMINING BOARDS

PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

CHAPTER 138. COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS

SUBCHAPTER A. INDIVIDUAL AND SURVEYOR COMPLIANCE

22 TAC §§138.1, 138.5, 138.7, 138.9, 138.11, 138.13 - 138.15, 138.17

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes new rules to 22 Texas Administrative Code, Chapter 138, Compliance and Professionalism for Land Surveyors, specifically §§138.1, 138.5, 138.7, 138.9, 138.11, 138.13 - 138.15, and 138.17 regarding the renewal process and continuing education for professional land surveyors in Texas. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 22 Texas Administrative Code Chapter 138 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act, and Occupations Code, Chapter 1071, the Professional Land Surveying Practices Act.

The proposed rules implement necessary changes as required by House Bill (HB) 1523, 86th Legislature, Regular Session (2019), related to the merger of operations of the Texas Board of Professional Engineers and the Texas Board of Professional Land Surveying (TBPLS) into the Texas Board of Professional Engineers and Land Surveyors (TBPELS).

As required by HB 1523, the operations of the two agencies have been merged into one, including the registration and renewal of professional land surveyor registrations. The previous agency rules (22 Texas Administrative Code, Chapters 661 and 664), related to renewal of registrations and continuing education requirements for professional land surveyors, have been merged into Chapter 138 per the guidance of the Secretary of State. These rules have been formatted to be similar to the licensure rules for engineers (Chapter 137) and edited for format and clarity.

SECTION-BY-SECTION SUMMARY

The proposed rules create a new §138.1 concerning license and registration holder titles that are permitted by Occupations Code 1071 and proper title designation for registrants in inactive status.

The proposed rules create a new §138.5 concerning notification to the board of contact, employment, or criminal conviction changes in conformance with Chapter 663 of the surveying rules.

The proposed rules create a new §138.7 concerning the registration renewal and expiration process, including renewal period, fees, and continuing education requirement, in conformance with the requirements of Chapter 1001 and 1071.

The proposed rules create a new §138.9 concerning the registration renewal process for individuals licensed or registered in another jurisdiction, which includes U.S. military members. This section provides the late fees and continuing education requirement, in conformance with the requirements of Chapter 1001 and 1071. This rule also states that the board cannot renew a person's license or registration if the board is notified by the Office of the Attorney General (OAG) that the person is delinquent on child support, unless the OAG certifies that the person has satisfied the requirements of the Texas Family Code pertaining to child support.

The proposed rules create a new §138.11 concerning the registration renewal process for former Texas licensees and registrants who have practiced in another state and are reapplying for licensure or registration in Texas. This proposal includes late fees and continuing education requirement, in conformance with Chapter 1001 and 1071. It removes a barrier to licensure and registration by eliminating the examination requirement in certain circumstances.

The proposed rules create a new §138.13 concerning the inactive status process for registrants in conformance with Occupations Code 1001 and surveying rules in Chapter 661.

The proposed rules create a new §138.14 concerns the process for a registrant or licensee to voluntarily surrender a registration or license.

The proposed rules create a new §138.15 concerning the process to replace a printed license or certificate in conformance with Occupations Code 1071.

The proposed rules create a new §138.17 concerning continuing education requirements for registered and licensed land surveyors, including acceptable activities and the total number of hours required, in conformance with Chapter 1071 and surveying rules Chapter 664. The board removed the requirement for pre-approval of continuing education courses and a registration requirement for continuing education providers to streamline the process and reduce costs for providers and registrants.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Dr. Lance Kinney, Ph.D., P.E., Executive Director for the Board, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule. These proposed rules impose no additional costs. HB 1523 transferred regulatory authority from TBPLS to TBPELS, and these rules merely reflect the transfer of authority.

Dr. Kinney has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.

LOCAL EMPLOYMENT IMPACT STATEMENT

Dr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clear requirements for the efficient and effective registration and renewal of land surveyor licenses and clear requirements for continuing education by TBPELS in accordance with HB 1523 and Texas Occupations Code chapters 1001 and 1071.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the rules related to registration do not make substantive changes to the registration renewal process and have no additional costs for registrants or the agency.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules.

HB 1532 transferred the regulation of land surveying to TBPELS, and these rules reflect a transfer of that regulatory authority from the former Texas Board of Professional Engineers to the TBPELS out any growth in government. Therefore, for each year of the first five years the proposed rules are in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase, but will result in a small (<$5000) decrease in fees paid to the agency related to the registration of continuing education courses. This will not have an adverse impact on the overall agency budget.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not expand, limit, or repeal a regulation except as provided by HB 1532 which transferred the regulation of land surveying to the TBPELS, and these rules reflect a transfer of that regulatory authority from the former Board of Professional Land Surveying to the TBPELS.

7. The proposed rules do not increase the number of individuals subject to the rule's applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Board has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

ENVIRONMENTAL RULE ANALYSIS

The Board has determined that the proposed rules are not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Board asserts the proposed rules are not a "major environmental rule," as defined by Government Code §2001.0225. As a result, the Board asserts preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

PUBLIC COMMENTS

Any comments or request for a public hearing may be submitted, no later than 30 days after the publication of this notice, to Lance Kinney, Ph.D., P.E., Executive Director, Texas Board of Professional Engineers, 1917 S. Interstate 35, Austin, Texas 78741, faxed to his attention at (512) 440-0417 or sent by email to rules@engineers.texas.gov.

STATUTORY AUTHORITY

The rules are proposed pursuant to Texas Occupations Code §§1001.101 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 and Texas Occupations Code §1071 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. They are also proposed pursuant to Texas Occupations Code §1001.204, which authorizes the Board to assess fees under Texas Occupations Code chapter 1071 including, but not limited to, registration fees. The provision in §138.9(d), pertaining to extension of time to renew the license or registration for military members, is authorized by Texas Occupations Code §55.003. The provision in §138.9(f), pertaining to license or registration holders with delinquent child support, is authorized by Texas Family Code §232.0135. The provision in §138.9, relating to late renewal by military members, is authorized by Texas Occupations Code §55.002. Section 138.17, which outlines the continuing education requirements, is authorized by Texas Occupations Code §1071.305, which permits the Board to promulgate continuing professional education rules. No other codes, articles, or statutes are affected by this proposal.

§138.1.License Holder Designations.

(a) Pursuant to §1071.002 and §1071.251 of the Surveying Act, a Registered Professional Land Surveyor may use the following terms when representing himself or herself to the public:

(1) "registered professional land surveyor";

(2) "registered land surveyor";

(3) "registered surveyor";

(4) "professional land surveyor";

(5) "professional surveyor"; or

(6) any combination of words with or variation of the terms listed in paragraphs (1) - (5) of this subsection.

(b) Pursuant to §1071.002 and §1071.251 of the Surveying Act, a Licensed State Land Surveyor may use the following terms when representing himself or herself to the public:

(1) "licensed state land surveyor"; or

(2) "licensed state surveyor".

(c) Certificates, seals, and other official documentation showing earlier terminology shall be considered valid for all purposes.

(d) License holders who have placed their license in an inactive status pursuant to §138.13 of this chapter (relating to Inactive Status) may use the terms in subsections (a) or (b) of this section but must include the term "inactive" or "retired" in conjunction with the designation.

§138.5.Notification of Name Change, Address Change, Employer Change, and Criminal Convictions.

(a) Each license or registration holder shall notify the board in writing not later than 30 days after a change in the person's legal name, personal mailing address, or employment status.

(b) A notice informing the board of a change in employment status shall include, as applicable, the:

(1) full legal trade or business name of the association or employment;

(2)physical location and mailing address of the business;

(3) telephone number of the business office;

(4) type of business (corporation, assumed name, partnership, or self-employment through use of own name);

(5) legal relationship and position of responsibility within the business; and

(6) effective date of this change.

(c) Each license or registration holder shall notify the board in writing not later than 30 days after a misdemeanor or felony criminal conviction, or any sanction is imposed against a licensee by another state's surveying board.

§138.7.License or Registration Expiration and Renewal.

(a) A license or registration holder must renew the license annually to continue to practice land surveying under the provisions of the Surveying Act. If the license or registration renewal requirements are not met by the expiration date of the license or registration, the license or registration shall expire and the license or registration holder may not engage in surveying activities that require a license or registration until the renewal requirements have been met.

(b) Pursuant to §1001.275 of the Act, the board will mail a renewal notice to the last recorded address on file with the board of each license or registration holder at least 30 days prior to the date a person's license or registration is to expire. Regardless of whether the renewal notice is received, the license or registration holder has the sole responsibility to pay the required renewal fee together with any applicable late fees at the time of payment.

(c) A license or registration holder may renew a license or registration by submitting:

(1) the required annual renewal fee. Payment may be made by personal, company, or other checks drawn on a United States bank (money order or cashier's check), or by electronic means, payable in United States currency;

(2) the continuing education program documentation as required in §138.17 of this chapter (relating to Continuing Education Program) to the board prior to the expiration date of the license; and

(3) documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board.

(d) Licenses and registrations will expire on December 31.

(e) A license holder who, at the time of his or her annual renewal, has any unpaid administrative penalty owed to the Board or who has failed to comply with any term or condition of a Consent Order, Agreed Board Order, or a Final Board Order shall not be allowed to renew his or her license or registration to practice surveying until such time as the administrative penalty is paid in full or the term or condition is satisfied unless otherwise authorized by the Consent Order, Agreed Board Order, or a Final Board Order.

§138.9.Renewal for Expired License or Registration.

(a) A license or registration holder may renew a license or registration that has expired for 90 days or less by submitting to the board the required annual renewal fee, a late renewal fee and the continuing professional education documentation as required in §138.17 of this chapter (relating to Continuing Professional Education).

(b) A license or registration holder may renew a license or registration that has expired for more than 90 days but less than one year by submitting to the board the required annual renewal fee, a late renewal fee and the continuing professional education documentation as required in §138.17 of this chapter.

(c) A license or registration holder may renew a license or registration that has expired for more than one year but less than two years by submitting to the board the required annual renewal fee, a late renewal fee and the continuing professional education documentation as required in §138.17 of this chapter for each delinquent year or part of a year.

(d) A license or registration which has been expired for two years may not be renewed, but the former license holder may apply for a new license or registration as provided in the current Surveying Act and applicable board rules. Military service members, as defined in Texas Occupations Code, §55.001(4), may be granted up to two years of additional time to renew a license or registration.

(e) Annual renewal fees or late renewal fees will not be refunded unless incorrect fee was assessed through a documented procedural error by Board staff.

(f) In strict accordance with the provisions of the Texas Family Code, Chapter 232, pertaining to delinquent child support, if a license or registration holder's name has been provided by the OAG (Office of the Attorney General) as being in default of child support, the board shall not renew the license or registration of the license or registration holder on the renewal date following such notification. The board shall not renew or reinstate said license or registration unless the OAG certifies the individual has satisfied the requirements of the Texas Family Code, Chapter 232.

(g) Pursuant to Texas Occupations Code Chapter 55, a license or registration holder is exempt from any penalty imposed in this section for failing to renew the license or registration in a timely manner if the license or registration holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license or registration holder failed to renew in a timely manner because the license or registration holder was serving as a military service member as defined in Texas Occupations Code, §55.001(4).

§138.11.Expiration and Licensed or Registered in Another Jurisdiction.

(a) A person formerly licensed or registered to practice land surveying in Texas who has moved to another state may apply for a land surveying license or registration in Texas if he or she has been practicing surveying in the other state as a licensed or registered land surveyor for at least two years prior to the date of application

(b) A person meeting the criteria in subsection (a) of this section is exempt from examination requirements.

(c) To apply for renewal, the former license or registration holder meeting the criteria in subsection (a) of this section, must fill out an out-of-state renewal application form, submit documentation demonstrating licensure or registration in the other state, pay a renewal fee that is equal to two times the normally required renewal fee for the license or registration, and submit documentation demonstrating compliance with the continuing education program requirements for an expired license or registration as prescribed in §138.17 of this chapter (relating to Continuing Education Program).

(d) Any license or registration issued to a former Texas license or registration holder under this section shall be assigned a new serial number.

§138.13.Inactive Status.

(a) A license or registration holder may request in writing to change the status of the license or registration to "inactive" at any time. A license or registration holder whose license or registration is inactive may not practice surveying. A license or registration holder who has requested inactive status shall not receive any refunds for licensing or registration fees previously paid to the board.

(b) A license or registration holder whose license or registration is inactive must pay an annual fee as established by the board at the time of the renewal. If the inactive renewal fee is not paid by the date a person's license or registration is to expire, the inactive renewal fee for the expired license or registration shall be increased in the same manner as for an active license or registration renewal fee.

(c) A license holder whose license is inactive is not required to:

(1) comply with the continuing professional education requirements adopted by the board; or

(2) take an examination for reinstatement to active status.

(d) To return to active status, a license or registration holder whose license or registration is inactive must:

(1) submit a request in writing for reinstatement to active status;

(2) pay the fee for annual renewal, as applicable;

(3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board; and

(4) comply with the continuing professional education requirements for inactive license or registration holders returning to practice as prescribed in §138.17 of this chapter (relating to Continuing Professional Education).

(e) A license or registration holder may claim inactive status and return to active status only once during the year period determined by the renewal schedule of the license or registration. If a license or registration holder claims inactive status and returns to active status during the same annual renewal period, the license or registration holder shall comply with the full continuing professional education requirements for that year.

(f) A license or registration holder claiming inactive status may use any term allowed for an active license or registration holder followed by the term "Inactive" or "Retired" on business cards, stationery and other forms of correspondence. Failure to note inactive status in this manner is a violation of the Acts and board rules and is grounds for disciplinary action by the board.

(g) A license or registration holder on inactive status may provide a reference statement for an applicant for licensure or registration.

(h) Offering or performing surveying services to the public while the license or registration is inactive is a violation of the inactive status and is grounds for disciplinary action by the board.

§138.14.Voluntary Surrender of License or Registration.

(a) A license or registration holder who does not wish to maintain a license or registration, the legal guardian of the license or registration holder, or other legal representative of the license or registration holder may voluntarily surrender the license or registration by submitting a request in writing provided that the license or registration holder:

(1) is in good standing; and

(2) does not have an enforcement case pending before the board.

(b) A license or registration that has been voluntarily surrendered may not be renewed. A license or registration holder who has voluntarily surrendered a license or registration may apply for a new license or registration.

§138.15.Replacement of Printed Licenses or Certificates.

Each license or registration holder will be issued a printed license or registration certificate. A license or registration holder may obtain a new printed license or registration certificate to replace any certificate lost, destroyed, or mutilated or obtain a certificate in a new design by submitting a request in a format prescribed by the Board. Replacement license or registration certificates will reflect the original serial number of the license or registration certificate.

§138.17.Continuing Education.

(a) Each license or registration holder shall meet the Continuing Education (CE) requirements for professional development as a condition for license or registration renewal.

(b) Terms used in this section are defined as follows:

(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CE activity. PDH is the basic unit for CE reporting.

(2) Continuing Education Unit (CEU)--Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.

(3) College/Unit Semester/Quarter Hour--Credit for course in ABET-approved program or other related college course.

(4) Course/Activity--Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license or registration holder's field of practice.

(5) Self-directed study--Time spent engaging in professional development that is not otherwise identified in this rule. (Examples include, but are not limited to: reading/reviewing trade magazines or books, watching tutorials, and viewing other online content.)

(c) Every license or registration holder is required to obtain 12 PDH units during the renewal period year.

(d) A minimum of 3 PDH units per renewal period must be in the area of professional ethics, roles and responsibilities of professional surveying, or review of the Acts and Board Rules. PDH units carried forward may not be counted to meet the professional ethics requirement.

(e) If a license or registration holder exceeds the annual requirement in any renewal period, a maximum of 9 PDH units may be carried forward into the subsequent renewal period. Professional Development Hours must not be anticipated and cannot be used for more than one renewal period.

(f) PDH units may be earned as follows:

(1) Successful completion or auditing of college credit courses.

(2) Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other groups.

(3) Successful completion of correspondence, on-line, televised, videotaped, and other short courses/tutorials.

(4) Presenting or attending seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other groups.

(5) Teaching or instructing as listed in paragraphs (1) through (4) of this subsection.

(6) Authoring published papers, articles, books, or accepted licensing or registration examination items.

(7) Active participation in professional or technical societies, associations, agencies, or organizations, including:

(A) Serving as an elected or appointed official;

(B) Serving on a committee of the organization; and

(C) Serving in other official positions.

(8) U.S. Patents issued.

(9) Engaging in self-directed study.

(10) Active participation in educational outreach activities involving K-12 or higher education students.

(11) A passing score on the Principles and Practice of Surveying examination in accordance with §134.73 of this title (relating to Examination Results and Analysis).

(g) All activities described in subsection (f) of this section shall be relevant to the practice of professional land surveying and may include educational, technical, ethical, or managerial content.

(h) The conversion of other units of credit to PDH units is as follows:

(1) 1 College or unit semester hour--15 PDH.

(2) 1 College or unit quarter hour--10 PDH.

(3) 1 Continuing Education Unit--10 PDH.

(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH.

(5) 1 Hour of professional development through self-directed study--1 PDH (Not to exceed 4 PDH).

(6) Each published paper, article, or book--10 PDH.

(7) Active participation in professional or technical society, association, agency, or organization--1 PDH (Not to exceed 5 PDH per organization).

(8) Active participation in educational outreach activities--1 PDH (Not to exceed 3 PDH).

(9) Each U.S. patent issued--15 PDH.

(10) Other activities shall be credited at 1 PDH for each hour of participation in the activity.

(11) A passing score on the Principles and Practice of Surveying examination in accordance with §134.73 of this title - 9 PDH.

(i) Determination of Credit.

(1) The board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.

(2) The board shall not pre-approve or endorse any CE activities. It is the responsibility of each license or registration holder to assure that all PDH credits claimed meet CE requirements.

(3) Credit for college or community college approved courses will be based upon course credit established by the college.

(4) Credit for seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.

(5) Credit for self-directed study will be based on one PDH unit for each hour of study and is not to exceed 4 PDH per renewal period. Credit determination for self-directed study is the responsibility of the license or registration holder and subject to review as required by the board.

(6) Credit determination for activities described in subsection (h)(4) of this section is the responsibility of the license or registration holder and subject to review as required by the board.

(7) Credit for activity described in subsection (h)(7) of this section requires that a license or registration holder serve as an officer of the organization, actively participate in a committee of the organization, or serve in other official positions. PDH credits are not earned until the end of each year of service is completed.

(8) Teaching credit is valid for teaching a course or seminar for the first time only.

(j) The license or registration holder is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:

(1) a log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and

(2) attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.

(k) The license or registration holder must certify that CE requirements have been satisfied for that renewal year with the renewal application and fee.

(l) CE records for each license or registration holder must be maintained for a period of three years by the license holder.

(m) CE records for each license or registration holder are subject to audit by the board or its authorized representative.

(1) Copies must be furnished, if requested, to the board or its authorized representative for audit verification purposes.

(2) If upon auditing a license or registration holder, the board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of surveying; the board may require the license or registration holder to acquire additional PDH as needed to fulfill the minimum CE requirements.

(n) A license or registration holder may be exempt from the continuing education requirements for one of the following reasons listed in paragraphs (1) - (4) of this subsection:

(1) New license holders shall be exempt for their first renewal period if the Principles and Practice of surveying exam was taken within 1 calendar year of the license or registration issuance date.

(2) A license or registration holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the continuing education hours required during that year.

(3) License or registration holders experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the board may be exempt. Supporting documentation must be furnished to the board.

(4) License or registration holders who list their status as "Inactive" and who further certify that they are not providing professional surveying services in Texas shall be exempt from the continuing education hours required.

(5) Exemptions must be claimed at the time of renewal.

(o) A license or registration holder may bring an inactive license to active status by obtaining all delinquent PDH units and submitting copies of CE records demonstrating compliance to the board or its authorized representative for verification purposes. If the total number required to become current exceeds 24 units, then 24 units shall be the maximum number required, and hours acquired must be within the two years prior to reactivation.

(p) Noncompliance:

(1) If a license or registration holder does not certify that CE requirements have been met for a renewal period, the license or registration shall be considered expired and subject to late fees and penalties.

(2) Failure to comply with CE reporting requirements as listed in this section is a violation of board rules and shall be subject to sanctions.

(3) A determination by audit that CE requirements have been falsely reported shall be considered to be misconduct and will subject the license or registration holder to disciplinary action.

(4) If found to be noncompliant, the board may require additional audits of the license or registration holder.

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

Filed with the Office of the Secretary of State on July 31, 2020.

TRD-202003131

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: September 13, 2020

For further information, please call: (512) 440-3080