PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
CHAPTER 133. LICENSING FOR ENGINEERS
SUBCHAPTER C. PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS
22 TAC §§133.21, 133.23, 133.25, 133.27
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 133, Subchapter C, specifically §§133.21, 133.23, 133.25, and 133.27, regarding the application requirements for licensure of professional engineers in Texas, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8876). The rules will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted rules primarily include citation clarifications to conform with other rule amendments, and they clarify rule language. The amendments are related to revisions of Chapter 133, Subchapter H, which clarify the procedure to determine which license applications can be approved directly and which need additional review and information prior to approval. The amended rules add a procedure by which applicants whose applications have been initially rejected may seek review of the agency's decision to reject the application.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received one comment urging the board to consider arrests in addition to convictions when considering an application. Texas Occupations Code 53 only allows for consideration of convictions, so no change was made to the proposed rules.
STATUTORY AUTHORITY
The rule amendments are adopted pursuant to Texas Occupations Code §§1001.101 and 1001.202, which authorize the Board to regulate engineering and land surveying and to make and enforce all rules and regulations and bylaws consistent with the Act as are 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 rules are also adopted under Texas Occupations Code §§1001.302 and 1001.303, concerning license eligibility and application requirements These adopted rules implement Occupations Code §§53.001 to 53.153.
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 March 3, 2023.
TRD-202300975
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 133, Subchapter F, specifically §133.53, regarding reference statements submitted for an applicant seeking licensure as a professional engineer in Texas, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8880). The rule will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted rule primarily includes citation clarifications and conforming changes based on other rule amendments and clarifies rule language. The amendments are related to revisions of Chapter 133, Subchapter H, which clarify the procedure to determine which license applications can be approved directly and which need additional review and information prior to approval.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received no public comments concerning this rule.
STATUTORY AUTHORITY
The rule amendments are adopted 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 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 rules are also adopted under Texas Occupations Code §§1001.302 and 1001.303, concerning license eligibility and application requirements.
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 March 3, 2023.
TRD-202300976
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723
22 TAC §§133.81, 133.83, 133.85, 133.87, 133.89, 133.97, 133.101
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 133, Subchapter H, specifically §§133.81, 133.83, 133.85, 133.87, 133.97, and new 133.101, regarding the review process for applications for licensure of professional engineers in Texas, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8881). The rules will not be republished. Section 133.89 is adopted with a minor non-substantive change and will be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The rules under 22 Texas Administrative Code, Chapter 133 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act, specifically those provisions in Chapter 1001 that concern license applications. The adopted rules streamline and clarify the Board's application and review process for registration as a professional engineer. Plus, for an applicant whose application is proposed or recommended for denial due to a criminal conviction, the adopted rules add the opportunity for the applicant to request a hearing at the State Office of Administrative Hearings (SOAH) per Texas Occupations Code Chapter 53.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received one comment urging the board to consider arrests in addition to convictions when considering an application. Texas Occupations Code 53 only allows for consideration of convictions, so no change was made to the proposed rules.
STATUTORY AUTHORITY
The adopted rules are proposed 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. These adopted rules implement Occupations Code §§53.001 to 53.153.
§133.89.Administratively Withdrawn Applications.
(a) An application may go into Administratively Withdrawn status per §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications).
(b) To reactivate an administratively withdrawn application, the applicant, no later than six months after the application goes into Administratively Withdrawn status, must submit:
(1) a reactivation fee as established by the board;
(2) a new application form complete and with signatures;
(3) updated supplementary experience records for the time period since the application was first submitted; and
(4) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act, unless previously submitted to the board.
(c) An application that goes into Administratively Withdrawn status will be deemed to have been withdrawn by the applicant six months after it enters that status unless, before the six-month period expires, the applicant corrects all deficiencies and submits all necessary documentation to make the application complete and ready for technical review.
(d) An application that is deemed to have been withdrawn by the applicant per subsection (c) of this section cannot be reactivated. To be considered for a license, an applicant will be required to submit a new application.
(e) Applications that have been deemed to have been withdrawn by the applicant will be reported to the Board.
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 March 3, 2023.
TRD-202300977
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts the repeal of 22 Texas Administrative Code §133.99, relating to Processing of Applications with a Criminal Conviction, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8886). The rule will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The repealed rule contains the current policies and procedures for the evaluation of applications referring to a criminal conviction, including criteria and factors to be considered per Texas Occupations Code, Chapter 53. Adoption of other rules that were published as proposed rules in the same edition of Texas Register as the proposal for this repeal make §133.99 unnecessary. Adopted new rules 22 Texas Administrative Code §140.1 and §140.3 address the effect of criminal conviction on applications filed with the Board, with engineering and land surveying applications addressed in separate rules.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received no public comment on this repeal.
STATUTORY AUTHORITY
The rule is repealed pursuant to Texas Occupations Code §§1001.201 and .202, which authorize the Board to regulate engineering and land surveying and to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state. The adopted repeal affects Texas Occupations Code, sections 53.001 to .153, concerning consequences of criminal conviction.
No other codes, articles, or statutes 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 March 3, 2023.
TRD-202300982
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723
SUBCHAPTER C. LAND SURVEYOR APPLICATION REQUIREMENTS
22 TAC §§134.21, 134.23, 134.25
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, Subchapter C, specifically §§134.21, 134.23, and 134.25, regarding the application requirements for registration of professional land surveyors in Texas, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8887). The rules will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted rules primarily include citation clarifications to conform with other rule amendments, and they clarify rule language. The amendments are related to revisions of Chapter 134, Subchapter H, which clarify the procedure to determine which registration applications can be approved directly and which need additional review and information prior to approval. The amended rules add a procedure by which applicants whose applications have been initially rejected may seek review of the agency's decision to reject the application.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received one comment urging the board to consider arrests in addition to convictions when considering an application. Texas Occupations Code 53 only allows for consideration of convictions, so no change was made to the proposed rules.
STATUTORY AUTHORITY
The rule amendments are adopted pursuant to Texas Occupations Code §§ 1001.101 and 1001.202, which authorize the Board to regulate engineering and land surveying and to make and enforce all rules and regulations and bylaws consistent with the Act as are 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 rules are also adopted under Texas Occupations Code §§1071.252, 1071.254, and 1071.259, concerning registration eligibility and application requirements. These adopted rules implement Occupations Code §§53.001 to 53.153.
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 March 3, 2023.
TRD-202300978
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, Subchapter F, specifically §134.53, regarding reference statements submitted for an applicant seeking registration as a professional land surveyors in Texas, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8891). The rule will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted rule primarily includes citation clarifications and conforming changes based on other rule amendments and clarifies rule language. The amendments are related to revisions of Chapter 134, Subchapter H, which clarify the procedure to determine which license applications can be approved directly and which need additional review and information prior to approval.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received no comments concerning this rule.
STATUTORY AUTHORITY
The rule amendments are adopted 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 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 rules are also adopted under Texas Occupations Code §§1071.252, 1071.254, and 1071.259, concerning registration eligibility and application requirements.
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 March 3, 2023.
TRD-202300979
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723
22 TAC §§134.81, 134.83, 134.85, 134.87, 134.89, 134.97, 134.101
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, Subchapter H, specifically §§134.81, 134.83, 134.85, 134.87, 134.89, 134.97, and new 134.101, regarding the review process of applications and registration issuance for professional land surveyors in Texas, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8892). The rules will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The rules under 22 Texas Administrative Code, Chapter 134 implement Texas Occupations Code, Chapter 1071, specifically those provisions in Chapter 1071 that concern registration applications. The adopted rules streamline and clarify the Board's application and review process for registration as a professional land surveyor. Plus, for an applicant whose application is proposed to be denied due to a criminal-history issue, the adopted rules add the opportunity for the applicant to request a hearing at the State Office of Administrative Hearings (SOAH) per Texas Occupations Code, Chapter 53.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received one comment urging the board to consider arrests in addition to convictions when considering an application. Texas Occupations Code 53 only allows for consideration of convictions, so no change was made to the proposed rules.
STATUTORY AUTHORITY
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. These adopted rules implement Occupations Code §§53.001 to 53.153.
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 March 3, 2023.
TRD-202300980
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723
SUBCHAPTER A. CRIMINAL HISTORY AND CONVICTIONS
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts a new chapter and new rules under 22 Texas Administrative Code Part 6. The Board adopts new Chapter 140, Subchapter A, regarding the evaluation of applications for professional engineers and professional land surveyors with criminal convictions, and adopts new rule §140.1, relating to Criminal History and Convictions for Engineers and new rule §140.3, relating to Criminal History and Convictions for Land Surveyors, without changes to the proposed text as published in the December 30, 2022, issue of the Texas Register (47 TexReg 8896). The rules will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted rules under 22 Texas Administrative Code, Chapter 140, implement Texas Occupations Code, Chapter 1001 and Chapter 1071, regarding processing of applications for engineers and land surveyors, respectively. The adopted rules set out the framework that will be used for the evaluation of applications with a criminal history and conviction per Texas Occupations Code Chapter 53. The adopted rules replace current Board Rule §133.99, and instead of addressing engineering and land surveying in one rule, the Board has adopted a separate rule to address each profession.
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 30-day public comment period began on December 30, 2022, and ended January 30, 2023. The Board received one comment urging the board to consider arrests in addition to convictions when considering an application. Texas Occupations Code 53 only allows for consideration of convictions, so no change was made to the proposed rules.
STATUTORY AUTHORITY
The new 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. These adopted rules implement Occupations Code §§53.001 to 53.153.
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 March 3, 2023.
TRD-202300981
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 23, 2023
Proposal publication date: December 30, 2022
For further information, please call: (512) 440-7723