TITLE 22. EXAMINING BOARDS
PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
CHAPTER 131. ORGANIZATION AND ADMINISTRATION
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 131, regarding the organization and administration of the board, specifically §131.15, relating to Committees, and §§131.101, 131.103, 131.107, 131.109 and 131.111, relating to Engineering Advisory Opinions. As part of this rulemaking, the Board also reorganizes the subchapters within Chapter 131 and corrects an error that resulted in there not being a Subchapter F within Chapter 131. Amendments to §§131.15, 131.101, 131.107, 131.109, and 131.111 are adopted without changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6819). The amendments to §131.103 are adopted with changes to correct a non-substantive grammatical error.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted amendments to §131.15 clarify that committees of the board meet as needed rather than as required and clarify that the Policy Advisory Opinion Committee may consider matters relating to both the Texas Engineering Practice Act and the Professional Land Surveying Practices Act. In addition, the adopted amendments clarify that the Surveying Advisory Committee may prepare a written report or recommendation to the board on an surveying-related subject regulated by the board and that a written record of each topic discussed at a Surveying Advisory Committee meeting shall be kept and made available to the public.
The adopted amendments to §§131.101, 131.103, 131.107, 131.109, and 131.111 incorporate changes to be implement provisions of Senate Bill 1259, 89th Regular Session.
PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments from the public.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 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 Texas Engineering Practice Act and the Professional Land Surveying Practices 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504701
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
H.
STATUTORY AUTHORITY
The proposed rules are adopted pursuant to Texas Occupations Code §§1001.201 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 Texas Engineering Practice Act and the Professional Land Surveying Practices 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.
§131.103.
(a) A request for an advisory opinion shall include, at a minimum, sufficient information in order for the board to provide a complete response to the request. The requestor must provide the following, as applicable:
(1) requestor contact information including the name of the requestor;
(2) affected section(s) of the Engineering Act, Surveying Act, and/or board rules;
(3) description of the situation;
(4) reason the advisory opinion is requested;
(5) parties or stakeholders that will be affected by the opinion, if known; and
(6) any known, pending litigation involving the situation.
(b) A request for an advisory opinion shall be in writing. A written request may be mailed, sent via electronic mail, or hand-delivered to the board at the agency office.
(c) A request for an advisory opinion may not be submitted anonymously. A request that does not include the information required in subsection (a)(1) of this section will be rejected and a response will not be prepared.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504702
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 133. LICENSING FOR ENGINEERS
SUBCHAPTER
A.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 133, Subchapter A, regarding engineer-in-training, specifically §133.3 Engineer-in-Training Application and Certification. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6820). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504707
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
B.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 133, Subchapter B, regarding engineer licensing, specifically §133.11 Types of Licenses. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6822). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504719
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
C.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 133, Subchapter C, regarding professional engineer license application requirements, specifically §133.29 Application for Licensure for Military Service Members, Military Veterans, and Military Spouses. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6823). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504727
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
G.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 133, Subchapter G, regarding examinations, specifically §133.65 Examination on the Fundamentals of Engineering. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6825). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504717
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 134. LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS
SUBCHAPTER
A.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter A, regarding surveyors-in-training, specifically §134.3 Surveyor-In-Training Application and Certification. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6827). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504709
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
B.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter B, regarding professional surveyor registration, specifically §134.11 Types of Surveyor License and Registration. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6828). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504720
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
C.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter C, regarding land surveyor application requirements, specifically §134.29 Application for Licensure for Military Service Members, Military Veterans, and Military Spouses. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6829). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504728
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
G.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, Subchapter G, regarding examinations, specifically §§134.61 Surveying Examinations Required for a Registration to Practice as a Professional Surveyor, 134.65 Examination on the Fundamentals of Surveying, and 134.67 Texas Specific Surveying Examination. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6831). The rules will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rules are adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504725
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
22 TAC §134.66
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, Subchapter G, regarding examinations, specifically creating new rule §134.66 Examination on the Principles and Practice of Surveying.
The Board received one comment from an individual about the rule as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6847) and adopts the rule with the non-substantive change outlined below. The rule will be republished.
The commenter noted that the rule language as published for comment contained two subsections labeled "(b)". This was an editorial oversight and the language will be re-numbered. This change is considered to be non-substantive and will not be republished.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
§134.66.
(a) The board shall utilize the Principles and Practice of Surveying Exam (PS Exam) developed and administered by NCEES to meet this requirement.
(b) Applicants who are granted certification as a Surveyor-in-Training in accordance with §134.1 of this chapter (relating to Surveyor-in-Training Designation) are approved to take the PS exam.
(c) Applicants who have been approved for examinations per §134.87 of this chapter (relating to Final Actions on Applications) are approved to take the PS exam.
(d) An applicant approved to take the PS exam:
(1) shall be advised of the date he or she is eligible; and
(2) shall be solely responsible for timely scheduling for the examinations and any payment of examination fees.
(e) The PS exam shall be offered according to the schedule determined by NCEES.
(f) An applicant who has passed the PS exam will not be required to re-take the examination.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504732
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
H.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter H, regarding review process of applications and registration issuance, specifically §134.87 Final Action on Applications. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6836). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504718
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 135. ENGINEERING FIRM REGISTRATION
22 TAC §135.1The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 135, specifically §135.1 Authority. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6837). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504721
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 136. SURVEYING FIRM REGISTRATION
22 TAC §136.1The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 136, specifically §136.1 Authority. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6839). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504722
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 137. COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS
SUBCHAPTER
A.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 137, Subchapter A, regarding individual and engineer compliance, specifically §137.7 License Expiration and Renewal, §137.9 Renewal for Expired License, §137.13 Inactive Status, and §137.17 Continuing Education. The Board adopts the amendments with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6840). The rules will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rules are adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504723
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
22 TAC §137.11
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts the repeal of 22 Texas Administrative Code, Chapter 137, Subchapter A, regarding individual and engineer compliance, specifically §137.11 Expiration and Licensed in Another Jurisdiction. The Board adopts the repeal as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6844). The rule will not be republished.
EXPLANATION OF AND JUSTIFICATION
During a recent rule review it was determined that this rule is no longer implemented in practice and there is no statutory directive or practical support to continue this rule. The provisions in this rule have not been used and applicants in the situation described by the rule have a pathway to licensure covered by §133.26.
Accordingly, the following rules is repealed:
Chapter 137: Compliance and Professionalism for Engineers
§137.11 Expiration and Licensed in Another Jurisdiction
PUBLIC COMMENTS
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the proposed repeal of the rule. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and repeals the rule as proposed.
STATUTORY AUTHORITY
The rule is repealed pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504734
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 138. COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS
SUBCHAPTER
A.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 138, Subchapter A, regarding individual and surveyor compliance, specifically §138.7 License or Registration Expiration and Renewal, §138.9 Renewal for Expired License or Registration, §138.13 Inactive Status, and §138.17 Continuing Education. The Board adopts the amendments with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6847). The rules will not be republished.
The Board received one comment from an individual about rule §138.17.
The commenter expressed their opposition to the removal of the provision allowing continuing education hours to be carried over to the next renewal period. They also oppose the change of required minimum continuing education hours related to ethics. The current number of annual hours related to ethics is 3 per year; therefore, a standard doubling of the requirement for a two-year renewal should be 6 hours per two-year renewal period. The proposed rule only requires 4 hours per two-year renewal period and the commenter believes this is insufficient.
Board Response:
Both topic areas were discussed extensively by the Surveying Advisory Committee (SAC) as required by Texas Occupations Code § 1001.216 during the development of the rule proposal and determined to be appropriate for the new two-year renewal system. If hours are allowed to be carried over in the two-year renewal format, then a person would be able to obtain the full number of hours in the first year and then potentially not have to do any continuing education hours for the next three years which is determined to be inadequate to maintain professional practice readiness. The SAC re-reviewed this provision in light of the public comment and recommends no change to the originally proposed language.
The SAC also determined that the proposed requirement of 4 hours of ethics training over two years to be sufficient to maintain professional competency and awareness related to ethical requirements while not being an undue burden to professional registrants. The SAC re-reviewed this provision in light of the public comment and recommends no change to the originally proposed language.
The rules are adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504731
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
22 TAC §138.11
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts the repeal of 22 Texas Administrative Code, Chapter 138, Subchapter A, regarding individual and surveyor compliance, specifically §138.11 Expiration and Licensed or Registered in Another Jurisdiction. The Board adopts the repeal as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6852). The rule will not be republished.
EXPLANATION OF AND JUSTIFICATION
During a recent rule review it was determined that this rule is no longer implemented in practice and there is no statutory directive or practical support to continue this rule. The provisions in this rule have not been used and applicants in the situation described by the rule have a pathway to licensure covered by §134.25.
Accordingly, the following rules is repealed:
Chapter 138: Compliance and Professionalism for Surveyors
§138.11 Expiration and Licensed or Registered in Another Jurisdiction
PUBLIC COMMENTS
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the proposed repeal of the rule. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and repeals the rule as proposed.
STATUTORY AUTHORITY
The rule is repealed pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504738
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
D.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Chapter 138, Subchapter D, regarding firm and governmental entity compliance, specifically §138.75 Registration Renewal and Expiration. The Board adopts the amendment with no changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6853). The rule will not be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments about this rule and adopts the rule with no changes to the proposal.
The rule is adopted pursuant to Texas Occupations Code §§1001.201 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504724
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 139. ENFORCEMENT
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 139, regarding Enforcement, specifically §139.35, relating to Sanctions and Penalties- Engineering, §139.37, relating to Sanctions and Penalties- Surveying, and §139.43 relating to License or Registration Holder with Criminal Conviction. The Board adopts a new rule: §139.22, a rule relating to reporting complaints made against licenses issue to military service members, military veterans, or military spouses. The amendments and new rule are adopted without changes to the proposed text as published in the October 17, 2025 issues of the Texas Register (50 TexReg 6854). The rules will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The proposed rules are necessary to implement the provisions of two bills passed during the 89th Regular Legislative Session. Specifically, Senate Bill 1080 required the Board to amend its rules to address the method in which the Board considers criminal convictions of applicants and licensees and House Bill 5629 required the Board to track and report complaints against any military service member, military veteran, or military spouse that was licensed under the provisions of Texas Occupations Code, Chapter 55 or whose out of state license was recognized under the provision of Texas Occupations Code, Chapter 55. The adopted rules also clarify existing Board rules and delete an outdated citation.
PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments from the public.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The new rule is adopted pursuant to Texas Occupations Code §§1001.201 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 Texas Engineering Practice Act and the Professional Land Surveying Practices 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504703
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
C.
STATUTORY AUTHORITY
The proposed rules are adopted pursuant to Texas Occupations Code §§1001.201 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 Texas Engineering Practice Act and the Professional Land Surveying Practices 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504704
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
D.
STATUTORY AUTHORITY
The proposed rules are adopted pursuant to Texas Occupations Code §§1001.201 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 Texas Engineering Practice Act and the Professional Land Surveying Practices 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504705
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
CHAPTER 140. CRIMINAL HISTORY AND CONVICTIONS
SUBCHAPTER
A.
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 140, regarding criminal history and convictions, specifically §140.1, relating to Criminal History and Convictions - Engineers, and §140.3, relating to Criminal History and Convictions - Surveyors. Amendments to 22 Texas Administrative Code §140.1 and §140.3 are adopted without changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6857). The rules will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted amendments are necessary to implement changes to Texas Occupations Code, Chapter 53 that were implemented by Senate Bill 1080, 89th Regular Session. Specifically, the amendments update the method in which the Boards considers criminal convictions against applicants and licensees. The amendments allow the Board to evaluate applications for licensure from incarcerated individuals on a case-by-case basis rather than the previous complete prohibition.
PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on October 17, 2025, and ended November 16, 2025. The Board received no comments from the public.
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 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 Texas Engineering Practice Act and the Professional Land Surveying Practices 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2025.
TRD-202504706
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: January 7, 2026
Proposal publication date: October 17, 2025
For further information, please call: (512) 440-7723
PART 9. TEXAS MEDICAL BOARD
CHAPTER 161. PHYSICIAN LICENSURE
The Texas Medical Board (Board) adopts new rule §161.48, concerning Physician Graduates, and new rule §161.53, concerning Provisional License to Foreign Medical License Holders with Offers of Employment. New rule §161.48 is being adopted without changes and new rule §161.53 is being adopted with non-substantive changes to the proposed text as published in the November 7, 2025, issue of the Texas Register (50 TexReg 7219). Rule §161.48 will not be republished. Rule §161.53 will be republished with non-substantive changes.
These rules are mandated by the passage of HB 2038 (89th Regular Legislative Session) which amended the Texas Occupations Code Chapter 155. HB 2038, known as the "DOCTOR Act," provides new pathways to licensing foreign trained physicians and medical school graduates who do not match into a resident training program.
The adopted new sections are as follows:
New §161.48, Physician Graduates, provides a pathway for certain individuals to be issued a limited license under to practice medicine under a supervising practice agreement with a sponsoring physician. The Bill provides that the Board shall issue a license to an individual who has graduated from a board-recognized accredited medical school in the United States or Canada or a medical school located outside of the United States and Canada that the board recognizes as acceptable; be licensed and in good standing to practice medicine in another country; has passed the first and second components of the USMLE; and is not enrolled in a board-approved postgraduate residency program. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.
New §161.53, Provisional License to Foreign Medical License Holders with Offers of Employment, provides that the Board shall issue an initial provisional license to practice medicine to an applicant who: has been granted a degree of doctor of medicine by a program of medical education that meets eligibility requirements for the applicant to apply for certification by the Educational Commission for Foreign Medial Graduates; has been licensed in good standing to practice medicine in another country and is not the subject of any pending disciplinary action before the licensing body; has completed a residency or a substantially similar postgraduate medical training required by the applicant's country of licensure; passes the Texas medical jurisprudence examination; has proficiency in the English language; is authorized under federal law to work in the United States; has been offered employment in this state as a physician by a person who provides health care services in the normal course of business in a facility-based or group practice setting, including a health system, hospital, hospital-based facility, freestanding emergency facility, or urgent care clinic; has passed the first and second steps of the USMLE examination.
The Board received approximately 60 written comments regarding the proposed new rule §161.48 from TMA, THA, large majority were from individuals appearing to be potential applicants. No one appeared to testify regarding the new rule at the public hearing on December 12, 2025. A summary of comments relating to the new rule and the Board responses, follows.
§161.48 PHYSICIAN GRADUATES
Individual Commentors suggested that on-site supervision requirement was too burdensome. The overarching concern was if a sponsoring physician or alternate physician was not present, the clinic would have to close. The commentors suggested more flexible supervision. Other comments from individuals suggested that there should not be a limit as to practice area limitation to a single worksite.
RESPONSE: TMB understands the commentors concerns about worksite limitations and supervision. However, the TMB declines to make any change and maintains that such supervision and practice parameters are necessary to ensure patient safety and appropriate medical care
TMA had concerns about "work history" not necessarily being required.
RESPONSE: TMB's process for all applicants, including these individuals, is to obtain a work history. Additionally, TMB anticipates that many of these applicants will be recently graduated from medical school and, as such, will have no, or a limited, professional work history. Also, if an applicant had been in a residency, but failed to complete it, TMB's current process for applicants requires obtaining a work history from the applicant.
TMA argues that an applicant who has completed a residency should not be eligible for the Limited Physician Graduate license.
RESPONSE: TMB disagrees and maintains that in order to increase access to care, the Board will issue a limited Physician Graduate license to an individual who applies for and qualifies for such, so long as they are not currently enrolled in a residency program.
TMA suggests that the Board define "resident of Texas."
RESPONSE: TMB declines, as this is commonly understood to require the furnishing of recognized documents to prove residency status and, therefore, a definition is unnecessary.
TMA suggests that the rules allow more supervision, including and up to 7 physician graduates. Additionally, they request clarification as to the supervising physician location relative to physician graduate. TMA and several other commentors also request the rule provide that the supervising physician only be "immediately available" as opposed to "on-site at all times when the physician graduate is practicing."
RESPONSE: The Board determined that limiting the number of physician graduates supervised to two ensures adequate supervision and training by the supervising physician, as physician graduates have extremely limited clinical experience. Patient safety is a primary objective of the Board. Close supervision by the supervising physician is necessary given that these individuals have limited verifiable training, limited demonstrated clinical competency, minimal clinical experience and exposure to clinical work, with the exception of medical school. Therefore, the Board determined that these limits on the number of physician graduates supervised and the required on-site supervision is necessary to ensure patient safety, adequate training and that proper care is being provided.
TMA expressed concerns over language conflict of Chap 157 and HB2038.
RESPONSE: TMB's General Counsel has determined there is no conflict and the text of HB 2038 makes it clear that supervision is required.
TMA recommend prescriptive authority for Physician graduates be treated the same as PA and APRN prescriptive authority.
RESPONSE: The Board maintains that the new rule, as written, is analogous to the current prescribing authority and limitations of a PA and APRN.
Comment - One commentor was concerned about the requirement for board certification of the Supervisor Physician.
RESPONSE - Board certification of the supervising physician is necessary in order to ensure a high level of skill for supervising these individuals as they learn the specific practice area of the supervising physician.
Comment - Two individual commentors states that USLME is too rigid of a test. They requested that the board change the rule to allow SPEX and supervised practice in lieu of USLME. Another commentor suggested that getting Board Certified in a specialty area should replace the requirement for passage of USMLE. Also, two commentors misunderstood, this is not pathway to full licensure.
RESPONSE: The statute requires completing the first steps of USLME. The rule cannot lessen that requirement.
Comment - One individual was concerned about the language "has graduated in the two years preceding the date that the applicant initially applies for a physician graduate license" limitation.
RESPONSE - This is statutory and cannot be changed in rule.
Comment - One commentor inquired as to the necessity of physician graduate license holders completing the requisite CME each year.
RESPONSE: Physician licensees are required to complete a requisite number of continuing education hours in order to maintain licensure. These limited licenses holders are subject to the same requirements as it relates to CME.
Commentor - One individual requested that the rule allow physician graduates to practice telemedicine if on-site supervision is not available.
TMA suggests limiting telemedicine by physician graduates to only counties with a population of 100,000 or less.
RESPONSE: Because these individuals do not have actual, or have extremely limited, clinical experience as medical graduates, Board determined that requiring on-site supervision even for telemedicine ensures patient safety and that proper care is being provided.
As to limitation to the counties with a population of 100,000, TMB declines such change in rule as the ability to regulate and enforce such a provision is not practical for the TMB. However, the actual presence of physician graduates in these underserved areas will insure improved access to healthcare, with or without the allowance of telemedicine in the rule.
TMA requests clarification as to how the disclosure of "no residency training" be made and verified.
RESPONSE: The Board declines to specify any particular method but will investigate all claims of failure to disclose. This is similar to shadowing medical students in clinic settings where that is routinely disclosed by the treating or supervising physician. If there are issues with failures to disclose, TMB will consider future amendments to the rule in order to be more prescriptive for such disclosure.
§161.53 PROVISIONAL LICENSE TO FOREIGN MEDICAL LICENSE HOLDER WITH OFFERS OF EMPLOYMENT
The Board received 59 written comments regarding the proposed new rule §161.53 from ABMS, PBI, World Ed Services (WES), TMA, and individuals. A significant number of commentors did not make comments but only indicated if favored, opposed or neutral to the new rule. No one appeared to testify regarding the new rule at the public hearing on December 12, 2025. A summary of comments relating to the new rule the Board responses and non-substantive changes, follows.
THA - requested that we add "proof of U.S. citizenship" to the beginning of rule in order to clarify that U.S. citizens holding a foreign medical license are eligible for the provisional Texas license created under HB 2028.
RESPONSE: The statute provides "is authorized under federal law to work in the United States" and part (b) of the statute says "Unless the applicant is a citizen of the United States or has been issued a visa to legally work in the United States, the board may not issue a provisional license under Subsection (a) to an applicant who is a citizen of a country..." Therefore, it is understood that a US citizen with a foreign medical license may qualify for the provisional license. TMB believes the statute and rule, read in conjunction, clarify this concern.
THA - Requests that we eliminate the prohibition against delegation and supervision by a provisional license holder.
RESPONSE: This alternate progressively structured pathway towards full licensure gradually increases responsibilities of the license holder in order to allow the foreign trained physician ample opportunities to become familiar with the requirements, expectations and practices in the US healthcare system and in Texas. The rule allows for delegation and supervision under the Second Provisional term.
THA - Requests that TMB extend the time period by which a license holder or employer must report termination of employment of a provisional license holder.
RESPONSE: The Board agrees that such short time period for reporting termination may be impractical and adopts the non-substantive changes in sections (d)(5), (d)(6), (d)8, (f)(6) and (f)(8) extending the reporting time to five (5) business days. The Board also adopted the non-substantive change to section (f)(5)(C), relating to second provisional license holders' duty to notify the board within five (5) business days of termination. This language is consistent with the requirements in (d)(5) for the first provisional license.
THA - Expressed concern over the 5-year limitation to complete both the initial and second provisional license period. They argue that this leaves little margin for error for an applicant that experiences any delay or setback in the process. Furthermore, they request that the Board extend the 5-year completion to at least 6 years, to account for at least one failed attempt and other delays such as application processing.
Representative Perez - commented in support of THA's request.
RESPONSE: The Board agrees with the suggestion and adopts the non-substantive change in section (g)(2) to allow six years for completion of both provisional terms.
TMA - Suggest that the Board require the same level of criminal, disciplinary background checks as domestic applicants.
RESPONSE: This is required by the statute and changing this rule is unnecessary. As a matter of practice this information is required for applicants and has been for a period of time.
TMA recommends inserting "a minimum two years" of postgraduate training to apply for the Provisional license, as this would at least mirror the current requirements for applicants with foreign medical training. The rule, as written, requires an applicant for Provisional licensure to provide proof of completion of a residency or a substantially similar postgraduate medical training required by applicant's country of licensure.
RESPONSE: The Board declines to make this change as the rule and statute provides "completed a residency or a substantially similar postgraduate medical training required by the applicant's country of licensure" and "substantially similar" addresses this issue.
Representative Perez expressed concerns that "substantially similar" is not defined.
RESPONSE: The Board's intent with using the statutory language of "substantially similar" is to allow flexibility to demonstrate training that is acceptable and comparable to those training programs already approved in the US. "Substantially similar" ensures adequate pre-existing training and competency to provide quality patient care under the provisional license. Because of the many unknowns with foreign medical training, the term is undefined at present and provides more flexibility for determining "substantially similar." The Board has identified a number of sources, including ACGM-I, that will be utilized in evaluating foreign medical training as it compares to US medical training. Given the newness of this license type and the challenges of obtaining training information from foreign programs, the Board has determined that the rule as currently written, which can be revised as needed, is the best option.
TMA has concerns that, in the event that an applicant does not submit proof of completing a substantially similar residency program and is required to obtain proof of competency and proficiency from a board-approved assessment program, it is not clear how an applicant will know what programs are approved by TMB and where to find this information. TMA recommends that proposed subsection (b)(5)(B)--as well as the similar provision in proposed subsection (b)(17)--be amended to reflect that TMB will list approved programs on the TMB website.
RESPONSE: The Board declines such change and maintains that applicants requiring such assessments, will be informed of the board approved competency programs that are acceptable.
TMA expressed concern that the new rule only requires evaluation of the applicant's work history for the preceding two years from the date of the application, whereas other applicants are required to submit relevant evaluations for the preceding five years and TMB then examines the last three years. TMA argues that this decrease would result in a lower standard for foreign educated and trained applicants.
RESPONSE: The TMB disagrees and maintains that the staff still collects five years of work history forms, but there is a two year minimum look back.
TMA suggested that if the applicant had practiced under a first and second Initial Provisional license, the proposed language in section (e)(5) and (g)(4) would not require this information from the second employer. TMA recommends that the rule be revised to require this information from both employers,
RESPONSE: The Board agrees and adopts the non-substantive change to sections (e)(5) and (g)(4) changing the word "employer" to "employers".
TMA states that the Initial and Second Provisional license periods must be completed within five years, "calculated from the first day of an Initial Provisional license to the last day of a Second Provisional license." However, TMA they argue that it is not clear whether the starting date would be the first day of the first or second Initial Provisional License. To avoid potential uncertainty in the regulated community, TMA recommends that TMB clarify whether the "first" Initial Provisional License begins the five-year period.
RESPONSE: The Board disagrees and maintains that the current language is clear, and the period commences upon initial issuance of the first provisional license.
TMA has concerns that the 60-day period to secure another qualifying employer may be challenging for a Provisional licensee and recommends the period be increased to 90 days.
RESPONSE: Board declines to make this change as it has determined the 60 days correlates to laws concerning same type of grace period for a visa, thereby making this match and avoiding conflicting time frames.
TMA has concerns that the proposed rules are unclear regarding whether a Provisional licensee must be supervised by another licensed physician. Under proposed §161.53(d)(8) and (f)(8), if the Provisional licensee's employment is terminated, the Provisional licensee's "medical director, chief medical officer, lead physician, or supervising physician" are required to notify TMB. These subsections imply that the Provisional licensee must practice under the supervision of one or more of these individuals. To make this clearer--and promote the licensee's adaptation to the U.S. medical system and patient safety--TMA recommends that TMB include a specific requirement for the Provisional licensee's practice under the supervision of one or more of the listed individuals
RESPONSE: The Board declines the suggested change and determined the rule as written is sufficient and provides flexibility depending on the practice location and structure.
TMA recommends that TMB adopt a rule clarifying that the requirement for the practice location to be rural community, MUA, or HPSA with a shortage of physicians apply when the second Provisional license application is submitted. Specifically, they are concerned that, while under a second provisional, an area might be de-designated as MUA, etc. and recommends saying that it must be designated as an MUA only at time of the issuance of the second provisional.
RESPONSE - The Board understands the concern, however, operationally, the practice location is only required to be verified at time of issuance. The Board declines to make the requested change as it is unnecessary.
TMA recommends that TMB's rules only allow a Provisional licensee to use telemedicine to treat patients in an MUA or HPSA with a shortage of physicians.
RESPONSE: The statute limits practice sites for provisional license holders. As to telemedicine, this is part of our healthcare delivery system, and these individuals should learn this practice aspect as well. The ability to enforce such a limitation described by TMA, if written and adopted, is not practical.
TMA suggests that the Board require identification that communicates the distinction between the Provisional licensee and a physician with a full, unrestricted medical license, which may help avoid misunderstandings in professional interactions during the initial provisional licensure period.
RESPONSE: The Board declines the suggested change and determined that this is unnecessary, as current identification requirements are sufficient.
Comment - One commentor had concerns relating to the timing of taking USMLE for the full license.
Representative Perez and one other commentor had concerns over applicants who have passed Step 1 and/or Step 2 more than seven years ago, yet have continued practicing clinically at a high level, and would be required to complete step 3 under a provisional would be permanently ineligible for full licensure in Texas, due to the 7 year limitation. despite meeting every other requirement and having already demonstrated competency through ECFMG and years of practice. Rep Perez suggests expanding the USMLE completion window of all 3 steps to 10 years.
RESPONSE: The rule surrounding limitations for USMLE passage mirrors the statute and cannot be increased or changed. Also, HB2038 specifies the 7-year limit.
Comment - One individual requested that the Board create an exemption for applicants whose foreign licenses have merely lapsed for administrative reasons, provided there is no history of disciplinary action or revocation of that license.
RESPONSE: This is a statutory requirement, and the Board cannot change the requirement that an applicant be licensed in good standing to practice medicine in another country and is not the subject of any pending disciplinary action before the licensing body.
PBI commented that the provisional license holder be required to take additional CME related to healthcare system structure and culture in the US.
RESPONSE: The Board believes that the provisional license practice setting during the two provisional terms will ensure this assimilation via real world experience and learning and requiring separate CME in these topic areas is unnecessary.
World Education Services (WES) requests that the Board clarify that provisional license holders do not need board certification in their declared specialty practice area.
RESPONSE: The Board declines this change as it is unnecessary. Board certification is not required in order to be licensed. However, the rule requires a focused area of practice to ensure competency during the terms of the provisional license.
Comment - One commentor supports a comprehensive pre-issuance competency evaluation but wanted the Board to clarify in rule that TMB is not using a single program for such assessments.
RESPONSE: The Board declined the requested change because the rule, as written, states that the assessment programs that will be utilized by the Board are not limited to single evaluation program, but only one that is recognized and approved by the Board.
Comment - World Education Services (WES) requests that the rule specifically state whether rural or underserved settings, with such affiliations, qualify as facility-based or group practice settings if they are affiliated with ACGME or AOA programs.
RESPONSE: The Board declines making such clarification as it is unnecessary because affiliation is the determinative factor and the setting, such as MUA, HSPA, is not relevant.
Comment - Representative Perez and another commentor suggested that the Board change the rule relating to "no-credit" for not completing a full term under a provisional. They suggest a pro-rata credit for time successfully completed under a provisional license, even if a given term is not completed in one continuous block and to use suspension with a reactivation pathway--rather than automatic cancellation--as the default response to employment interruptions that are not related to physician performance or misconduct. Suspension with a clear reactivation pathway, rather than automatic cancellation and loss of credit, would protect patients and program integrity without undermining recruitment and retention.
RESPONSE: The Board declines to make such change. The tolling allowed under the rule is limited to 60 days, but it is purposeful, in order to allow no break, per se, in the one-year time period. As long as they meet the timeframe, the time is treated as continuous for purpose of the one-year credit.
SUBCHAPTER
J.
The new rules are adopted pursuant to the passage of HB 2038 (DOCTOR Act) (89th Regular Legislative Session) which added Texas Occupations Code Sections 155.1015 and 155.201-155.212 and requires the Board to adopt rules to implement such sections. Specifically, 155.1015 and 155.202, respectively, provide authority for the Board to recommend and adopt rules to implement and regulate these new licenses and licensees. No other statutes, articles or codes are affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 19, 2025.
TRD-202504740
Scott Freshour
General Counsel
Texas Medical Board
Effective date: January 8, 2026
Proposal publication date: November 7, 2025
For further information, please call: (512) 305-7059
SUBCHAPTER
K.
The new rules are adopted pursuant to the passage of HB 2038 (DOCTOR Act) (89th Regular Legislative Session) which added Texas Occupations Code Sections 155.1015 and 155.201-155.212 and requires the Board to adopt rules to implement such sections. Specifically, 155.1015 and 155.202, respectively, provide authority for the Board to recommend and adopt rules to implement and regulate these new licenses and licensees. No other statutes, articles or codes are affected by this adoption.
§161.53.
(a) All applicants for an Initial Provisional License must:
(1) meet the general eligibility requirements set forth in §155.1015(a) - (d) of the Act;
(2) declare the area of medical specialty in which they will practice; and
(3) meet the criteria under subsection (b)(5) of this section.
(b) All applicants must submit a completed application for licensure and all documents and information necessary to complete an applicant's request for licensure including, but not limited to:
(1) the required application fee;
(2) additional fees and surcharges, as applicable;
(3) proof of ECFMG certification;
(4) licensure verification form from the licensing body of the other country as required by §155.1015(a)(2) of the Act;
(5) proof of completion of a residency or a substantially similar postgraduate medical training required by applicant's country of licensure that is in the same specialty as the area of medicine the applicant will practice in while under the Provisional License; and:
(A) is recognized as substantially similar by the board; or
(B) completion of a comprehensive competency evaluation administered by a board-approved assessment program, with a favorable recommendation regarding competency and proficiency in the area of specialty practice in which they will practice;
(6) passage of the Texas Jurisprudence examination with at least a score of 75;
(7) copy of federal work authorization;
(8) copy of offer of employment to practice only in:
(A) a facility-based or group practice setting as set forth in §155.1015(d) of the Act; and:
(B) the specialty that applicant declared in the application;
(9) certified transcript of Examination Scores documenting passage of USMLE Step 1 within three attempts and USMLE Step 2 within three attempts;
(10) FBI/DPS Fingerprint Report;
(11) documentation of alternate name or name change, if applicable; and
(12) medical school transcript, if requested;
(13) specialty board certification, if applicable;
(14) arrest records, if applicable;
(15) malpractice records, if applicable;
(16) all disciplinary history related to any professional license, if applicable;
(17) copies of all comprehensive competency evaluations administered by a board-approved assessment program demonstrating competency and proficiency in the area of specialty practice in which they will practice, if applicable;
(18) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;
(19) Professional or Work History Evaluation forms demonstrating or relating to the practice of medicine in the area of the declared specialty for the preceding two years from the date of the application as a physician; and
(20) any other documentation deemed necessary to process an application.
(c) Any document received from a direct third-party or primary source that is in a language other than the English language must:
(1) have a certified translation prepared;
(2) be translated by a translation agency that is a member of the American Translations Association or a United States college or university official;
(3) be verified by the translator as a "true word for word" translation; and
(4) be included with the copy of the translation.
(d) Initial Provisional License Standards:
(1) The initial provisional license is valid for two years.
(2) Practice is limited as set forth in §155.1015(d) of the Act.
(3) The initial provisional license holder is not authorized to delegate or supervise.
(4) Mandatory updates shall be reported to the Board by the initial provisional license holder and employer within 10 days in accordance with §162.2(b) of this title (relating to Profile Updates), including, but not limited to, any change in status of the provisional holder's license in another country on which the provisional license was granted.
(5) If employment is terminated for any reason the license is placed in a suspended status and, the provisional license holder must;
(A) cease practice immediately;
(B) notify the Board in writing within five (5) business days of termination;
(C) obtain a new position by a qualified employer within 60 days; and
(D) submit to and obtain approval from the Board of the qualified employer.
(6) Failure to report, to the Board, within five (5) business days termination eliminates the 60-day period to find new employment and the provisional license is automatically canceled effective on the date of termination.
(7) The two-year duration of the initial provisional license will be tolled while the provisional license holder attempts to obtain qualified employment. The two-year duration will be extended for the number of days equal to the number of days between ending and beginning qualified employment. Any extension of the initial provisional license's two-year duration is not to exceed a maximum of 60 days. If the provisional license holder is unable to obtain qualified employment within 60 days, or the total extensions during the initial provisional license period exceeds 60 days, then the initial provisional license is terminated.
(8) In the event of termination of the provisional license holder's employment, the employer's medical director, chief medical officer, lead physician, or supervising physician shall ensure written notice to the Board within five (5) business days of the termination.
(9) If a provisional license holder does not fully complete their initial provisional license period, for any reason, they will receive no credit for prior initial provisional practice time and:
(A) may reapply for a second initial provisional license; and
(B) may be required to appear before the licensure committee of the Board;
(10) An applicant is limited to a maximum of two initial provisional licenses;
(11) A Provisional License Holder is limited to practicing in the area of medical specialty declared in the Provisional License Holder's approved application.
(12) The provisional license holder must comply with the Continuing Medical Education (CME) requirements set out in Subchapter H, §161.35 of this title (relating to Continuing Medical Education (CME) Requirements for License Renewal). The applicant must create and utilize an account with the Board approved CME tracker for tracking and meeting the CME requirements.
(e) All applicants for a Second Provisional License must meet the general eligibility requirements set forth in §155.1015(e) and (f) of the Act and must submit a completed application for licensure and all documents and information necessary to complete an applicant's request for licensure including, but not limited to:
(1) completion of a two-year period during an initial provisional license;
(2) the required application fee;
(3) additional fees and surcharges as applicable;
(4) all disciplinary history related to any professional license, if applicable;
(5) Professional or Work History Evaluation form from first provisional employers;
(6) copy of employment offer that meets the criteria set forth in §155.1015(f) of the Act;
(7) successful remediation of deficiencies identified in the comprehensive competency assessment evaluation completed for issuance of the initial provisional license, if applicable;
(8) any other documentation deemed necessary to process an application; and
(9) If a pathway to board specialization exists for a Provisional License Holder from an organization recognized by the Board through §164.4 of this title (relating to Advertising Board Certification), the certification granting organization must submit a letter, on behalf of the provisional license holder, of satisfactory progress towards board specialization eligibility.
(f) Second Provisional License Standards:
(1) The second provisional license is valid for two years.
(2) Practice is limited as set forth in §155.1015(f) of the Act.
(3) The second provisional license holder may delegate or supervise.
(4) Mandatory updates shall be reported to the Board by the second provisional license holder and employer within 10 days in accordance with §162.2 of this title, including, but not limited to, any change in status of the provisional holder's license in another country on which the provisional license was granted.
(5) If employment is terminated for any reason, the provisional license holder must;
(A) cease practice immediately;
(B) the license is suspended automatically;
(C) notify the Board in writing within five (5) business days of termination;
(D) obtain a new position by a qualified employer within 60 days; and
(E) submit to and obtain the approval of the Board proof of qualified employer.
(6) Failure to make the report within five (5) business days of termination eliminates the 60-day period to find new employment and the provisional license is automatically canceled effective on the date of termination.
(7) The two-year duration of the second provisional license will be tolled while the provisional license holder attempts to obtain qualified employment. The two-year duration will be extended for the number of days equal to the number of days between ending and beginning qualified employment. Any extension of the second provisional license's two-year duration is not to exceed a maximum of 60 days. If the provisional license holder is unable to obtain qualified employment within 60 days, or the total extensions during the second provisional license period exceeds 60 days, then the second provisional license is terminated.
(8) In the event of termination of the provisional license holder's employment, the employer's medical director, chief medical officer, lead physician, or supervising physician shall ensure written notice to the Board within five (5) business days of the termination.
(9) If a provisional license holder does not fully complete their second provisional license period, for any reason, they will receive no credit for prior second provisional practice time and;
(A) may reapply for a second initial provisional license; and
(B) may be required to appear before the licensure committee of the board;
(10) An applicant is limited to a maximum of two second provisional licenses.
(11) A Provisional License Holder is limited to practicing in the area of medical specialty declared in the Provisional License Holder's approved application.
(12) the provisional license holder must comply with the Continuing Medical Education (CME) requirements set out in Subchapter H, §161.35 of this title. The applicant must create and utilize an account with the Board approved CME tracker for tracking and meeting the CME requirements.
(g) All applicants for a Full License must meet the general eligibility requirements set forth in §155.1015(g) and (h) of the Act and must submit a completed application for licensure and all documents and information necessary to complete an applicant's request for licensure including, but not limited to:
(1) certified transcript of Examination Scores documenting passage of each part of USMLE within three attempts and within seven years;
(2) proof of completion of an Initial Provisional and Second Provisional for the requisite time periods as set forth in subsections (d) and (f) within a period of six years, in total, calculated from the first day of an Initial Provisional license to the last day of a Second Provisional license;
(3) If a pathway to board specialization exists for a Provisional License Holder from an organization recognized by the Board through §164.4 of this title, the certification granting organization must submit a letter, on behalf of the provisional license holder, of satisfactory progress towards board specialization eligibility;
(4) Professional or Work History Evaluation form from second provisional employers; and
(5) any other documentation deemed necessary to process an application.
(h) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:
(1) delay in processing application;
(2) referral of the applicant to the Licensure Committee;
(3) unanticipated military assignments, medical reasons, or catastrophic events; or
(4) other extenuating circumstances.
(i) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.
(j) A Provisional License holder is subject to board rules, including rules regarding complaints, investigations, and disciplinary procedures and sanctions of the board.
(k) The Executive Director may approve reasonable deviations from the required provisional licensee timelines due to extenuating circumstances. The provisional licensee may appeal the Executive Director's decision to the Licensure Committee.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 19, 2025.
TRD-202504740
Scott Freshour
General Counsel
Texas Medical Board
Effective date: January 8, 2026
Proposal publication date: November 7, 2025
For further information, please call: (512) 305-7059