The practice of engineering includes:

1. consultation, investigation, evaluation, analysis, planning, engineering for program management, providing an expert engineering opinion or testimony, engineering for testing or evaluating materials for construction or other engineering use, and mapping;
2. design, conceptual design, or conceptual design coordination of engineering works or systems;
3. development or optimization of plans and specifications for engineering works or systems;
4. planning the use or alteration of land or water or the design or analysis of works or systems for the use or alteration of land or water;
5. responsible charge of engineering teaching or the teaching of engineering;
6. performing an engineering survey or study;
7. engineering for construction, alteration, or repair of real property;
8. engineering for preparation of an operating or maintenance manual;
9. engineering for review of the construction or installation of engineered works to monitor compliance with drawings or specifications;
10. a service, design, analysis, or other work performed for a public or private entity in connection with a utility, structure, building, machine, equipment, process, system, work, project, or industrial or consumer product or equipment of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature; or
11. providing an engineering opinion or analysis related to a certificate of merit under Chapter 150, Civil Practice and Remedies Code; or
12. any other professional service necessary for the planning, progress, or completion of an engineering service.

A person is exempt from the licensing requirements of this chapter if the person is installing, operating, repairing, or servicing a locomotive or stationary engine, steam boiler, diesel engine, internal combustion engine, refrigeration compressor or system, hoisting engine, electrical engine, air conditioning equipment or system, or mechanical, electrical, electronic, or communications equipment or apparatus.
(b) This exemption does not permit a person to:

1. sign an engineering plan or specification if the person is not an engineer; or
2. use the term "engineer" or "engineering" in any manner prohibited by this chapter.

A person, sole proprietorship, firm, partnership, joint stock association, or private corporation is exempt from the licensing requirements of this chapter if:
(1) a representation that engineering services have been or will be offered to the public is not made or implied; and
(2) the person or entity is erecting, constructing, enlarging, altering, or repairing or is drawing plans or specifications for:

(A) a private dwelling;
(B) apartments not exceeding eight units for each building in the case of one-story buildings;
(C) apartments not exceeding four units for each building and having a maximum height of two stories;
(D) a garage or other structure pertinent to a building described by Paragraph (A), (B), or (C);
(E) a private building to be used exclusively for:
  (i) farm, ranch, or agricultural purposes; or
  (ii) storage of raw agricultural commodities
(F) a building having no more than one story that:
  (i) is not a building exempt from the licensing requirements of this chapter under Section 1001.053 or subject       to Section 1001.407;
  (ii) has a total floor area of not more than 5,000 square feet; and
  (iii) does not contain a clear span between supporting structures greater than 24 feet on the narrow side.
(b) If a structure described by Subsections (a)(2)(F)(i) and (ii) contains unsupported spans greater than 24 feet, only the trusses, beams, or other roof supporting members must be engineered or pre-engineered.

(a) A regular full-time employee of a privately owned public utility or cooperative utility or of the utility's affiliate is exempt from the licensing requirements of this chapter if the employee:
  (1) performs services exclusively for the utility or affiliate; and
  (2) does not have the final authority to approve, or the ultimate responsibility for, engineering designs, plans,         or specifications that are to be:
    (A) incorporated into fixed works, systems, or facilities on the property of others; or
   (B) made available to the public.
(b) A person who claims an exemption under this section and who is determined to have directly or indirectly represented the person as legally qualified to engage in the practice of engineering or who is determined to have violated Section 1001.301 may not claim an exemption until the 10th anniversary of the date the person made that representation.

A qualified scientist engaged in scientific research and investigation of the physical or natural sciences is exempt from the licensing requirements of this chapter. This exemption includes the usual work and activities of a meteorologist, seismologist, geologist, chemist, geochemist, physicist, or geophysicist.

This chapter or a rule adopted under this chapter does not prevent or otherwise restrict a person licensed as an architect under Chapter 1051, a landscape architect under Chapter 1052, or an interior designer under Chapter 1053 from performing an act, service, or work that is within the definition of the person's practice under those chapters.

The Board by rule may waive all or part of the examination requirement for an applicant for the issuance or reissuance of a license. The Board may not waive the requirement unless the Board first determines that:

1. the applicant possesses sufficient qualifications to justify the waiver; and
2. issuing or reissuing the license to the applicant does not pose a threat to the public health, safety, or welfare.
   (a) An engineer may request inactive status at any time. A license holder on inactive status may not       practice engineering.
   (b) A license holder on inactive status must pay an annual fee set by the Board.
   (c) A license holder on inactive status is not required to: (1) comply with the continuing education      requirements adopted by the Board; or (2) take an examination for reinstatement to active status.
   (d) To return to active status, a license holder on inactive status must: (1) file with the Board a written       notice requesting reinstatement to active status; (2) pay the fee for the annual renewal of the       license and the fee increase required by Section 1001.206; and
3. provide evidence satisfactory to the Board that the person has complied with the continuing education requirements adopted by the Board.

(a) Each license holder shall notify the Board in writing not later than 30 days after of a change in the person's      personal mailing address or employment status.
(b) A notice informing the Board of a change in employment status shall include, as applicable, the:

1. full legal trade or business name of the association or employment,
2. physical location and mailing address of the business,
3. telephone number of the business office,
4. type of business (corporation, assumed name, partnership, or self-employment through use of own name),
5. legal relationship and position of responsibility within the business,
6. effective date of this change; and
7. reason for this notification (changed employment or retired; firm went out of business or changed its name or location, etc.).

(c) Each license holder shall notify the Board in writing not later than 30 days after a misdemeanor or felony      criminal conviction.

(a) Pursuant to §1001.352 of the Act, the license holder must renew the license annually to continue to       practice engineering under the provisions of the Act. If the license renewal requirements are not met by       the expiration date of the license, the license shall expire and the license holder may not engage in       engineering activities that require a license until the renewal requirements have been met.

(b) Pursuant to §1001.352 of the Act, the Board will mail a renewal notice to the last recorded address of each      license holder at least 30 days prior to the date a person's license is to expire. Regardless of whether the      renewal notice is received, the license holder has the sole responsibility to pay the required renewal fee      together with any applicable increase in fees or late fees at the time of payment.

(c) A license holder may renew a license by submitting the required annual renewal fee, including applicable      increase in fees as required by §1001.206 of the Act, and the continuing education program documentation      as required in §137.17 of this chapter (relating to Continuing Education Program) to the board prior to the      expiration date of the license. Payment may be made by personal, company, or other checks drawn on a      United States bank (money order or cashier's check) , or by electronic means, payable in United States      currency.

1. "engineer",
2. "professional engineer",
3. "licensed engineer",
4. "registered engineer",
5. "licensed professional engineer",
6. "registered professional engineer", or
7. any combination of words with or variation of the terms listed in (1)-(6).

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

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

1. full legal trade or business name of the association or employment,
2. physical location and mailing address of the business,
3. telephone number of the business office,
4. type of business (corporation, assumed name, partnership, or self-employment through use of own name),
5. legal relationship and position of responsibility within the business,
6. effective date of this change; and
7. reason for this notification (changed employment or retired; firm went out of business or changed its name or location, etc.).

(c) Each license holder shall notify the Board in writing not later than 30 days after a misdemeanor or felony      criminal conviction.

(a) Pursuant to §1001.352 of the Act, the license holder must renew the license annually to continue to       practice engineering under the provisions of the Act. If the license renewal requirements are not met by       the expiration date of the license, the license shall expire and the license holder may not engage in       engineering activities that require a license until the renewal requirements have been met.

(b) Pursuant to §1001.352 of the Act, the Board will mail a renewal notice to the last recorded address of each       license holder at least 30 days prior to the date a person's license is to expire. Regardless of whether the       renewal notice is received, the license holder has the sole responsibility to pay the required renewal fee       together with any applicable increase in fees or late fees at the time of payment.

(c)  A license holder may renew a license by submitting the required annual renewal fee, including applicable       increase in fees as required by §1001.206 of the Act, and the continuing education program documentation       as required in §137.17 of this chapter (relating to Continuing Education Program) to the board prior to the       expiration date of the license. Payment may be made by personal, company, or other checks drawn on a       United States bank (money order or cashier's check) , or by electronic means, payable in United States       currency.

(d) Pursuant to authority in §1001.205(b) and §1001.206(c) of the Act, the Board has established the renewal       fee for the following categories of licenses to not require the increase in professional fees:

1. a license holder who is 65 years of age or older,
2. a license holder who is disabled with a mental or physical impairment that substantially limits the ability of the person to earn a living as an engineer excluding an impairment caused by an addiction to the use of alcohol, illegal drugs, or controlled substance;
3. a license holder who meets the exemption from licensure requirement of §1001.057 or §1001.058 of the Act but does not claim that exemption;
4. a license holder who is not practicing engineering and has claimed inactive status with the Board in accordance with the requirements of §137.13 of this chapter (relating to Inactive Status).

(e) Licenses will expire according to the following schedule.

1. Licenses originally approved in the first quarter of a calendar year will expire on December 31.
2. Licenses originally approved in the second quarter of a calendar year will expire on March 31.
3. Licenses originally approved in the third quarter of a calendar year will expire on June 30.
4. Licenses originally approved in the fourth quarter of a calendar year will expire on September 30.

(f) A temporary license may only be renewed twice for a total duration of three years, after which the former      license holder may apply for a new temporary or a standard license as provided in the current Act and      applicable Board rules.

(a) A license holder may renew a license that has expired for 90 days or less by submitting to the board the       required annual renewal fee, a late renewal fee, any increase in fees as required by §1001.206 of the Act,       and the continuing education program documentation as required in §137.17 of this chapter.

(b) A license holder may renew a license that has expired for more than 90 days but less than one year by       submitting to the board the required annual renewal fee, a late renewal fee, any increase in fees as       required by §1001.206 of the Act, and the continuing education program documentation as required in       §137.17 of this chapter (relating to Continuing Education Program).

(c) A license holder may renew a license that has expired for more than one year but less than two years by       submitting to the board the required annual renewal fee, a late renewal fee, any increase in fees as       required by §1001.206 of the Act, and the continuing education program documentation as required in       §137.17 of this chapter for each delinquent year or part of a year.

(d) A license which has been expired for two years may not be renewed, but the former license holder may       apply for a new license as provided in the current Act and applicable board rules.

(e) In strict accordance with the provisions of the Texas Education Code §57.491, pertaining to the loan       default proceedings of the Texas Guaranteed Student Loan Corporation (TGSLC), if a license holder's name       has been provided by the TGSLC as being in default of a loan, the board shall not renew the license of the       license holder on the second renewal date following such notification, unless the TGSLC certifies that the       individual has entered into a repayment agreement with TGSLC, or is not in default on a loan. Such license       holder shall be provided an opportunity for an informal hearing, similar to that provided by §139.33 of this       title (relating to Informal Proceedings), before any action concerning the denial of a renewal of a license is       taken under this paragraph. A defaulted loan shall not bar the board's issuance of an initial license if the       applicant is otherwise qualified for licensure; however, the board shall not renew said license unless the       TGSLC certifies the individual has satisfied the requirements of the Texas Education Code §57.491.

(f)  Pursuant to Texas Occupations Code §55.002, a license holder is exempt from any increased fee or other       penalty imposed in this section for failing to renew the license in a timely manner if the license holder       provides adequate documentation, including copies of orders, to establish to the satisfaction of the board       that the license holder failed to renew in timely manner because of the license holder was serving on       active duty in the United States armed forces outside Texas.

(a) A person who was licensed in Texas and moved to another state and, for the two years preceding the date      of application for an out-of-state renewal, who is currently licensed and has been practicing engineering in      the other state may apply for a new license pursuant to this section.

(b) A person meeting the criteria in §137.11(a) of this section is exempt from examination requirements.

(c) To apply for renewal, the former license holder meeting the criteria in §137.11(a) of this section, must fill      out an out-of-state renewal application form, submit documentation demonstrating licensure in the other      state, pay a renewal fee that is equal to two times the normally required renewal fee for the license, pay      any increase in fees as required by §1001.206 of the Act as applicable, and submit documentation      demonstrating compliance with the continuing education program requirements for an expired license as      prescribed in §137.17 of this chapter (relating to Continuing Education Program).

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

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

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

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

1. comply with the continuing education requirements adopted by the Board; or
2. take an examination for reinstatement to active status.

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

1. submit a request in writing for reinstatement to active status,
2. pay the fee for annual renewal and the fee increase required by §1001.206 of the Act, as applicable, and
3. comply with the continuing education program requirements for inactive license holders returning to practice as prescribed in §137.17(o).

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

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

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

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

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

1. is in good standing, and
2. does not have an enforcement case pending before the Board;

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

(a) Each license holder shall meet the Continuing Education Program (CEP) requirements for professional       development as a condition for license renewal.

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

1. Professional Development Hour (PDH) - A contact hour (clock hour) of CEP activity. PDH is the basic unit for CEP reporting.
2. Continuing Education Unit (CEU) - Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.
3. College/Unit Semester/Quarter Hour - Credit for course in ABET-approved program or other related college course.
4. Course/Activity - Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license holder's field of practice.

(c) Every license holder is required to obtain 15 PDH units during the renewal period year.

(d) A minimum of 1 PDH per renewal period must be in the area of professional ethics, roles and       responsibilities of professional engineering, or review of the Texas Engineering Practice Act and Board       Rules. PDH units carried forward may not be counted to meet the professional ethics requirement.

(e) If a license holder exceeds the annual requirement in any renewal period, a maximum of 14 PDH units may       be carried forward into the subsequent renewal period. Professional Development Hours must not be       anticipated and cannot be used for more than one renewal period.

(f) PDH units may be earned as follows:

1. Successful completion or auditing of college credit courses.
2. Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.
3. Successful completion of correspondence, on-line, televised, videotaped, and other short courses/tutorials.
4. Presenting or attending seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.
5. Teaching or instructing as listed in paragraphs (1) through (4) above.
6. Authoring published papers, articles, books, or accepted licensing examination items.
7. Active participation in professional or technical societies, associations, agencies, or organizations, including:
   (A) Serving as an elected or appointed official;
   (B) Serving on a committee of the organization;
   (C) Serving in other official positions.
8. Patents Issued. (9) Engaging in self-directed study.

(g) All activities described in §137.17(f) of this title shall be relevant to the practice of a technical profession       and may include technical, ethical, or managerial content.

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

1. 1 College or unit semester hour- 15 PDH
2. 1 College or unit quarter hour - 10 PDH
3. 1 Continuing Education Unit - 10 PDH
4. 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences - 1 PDH
5. 1 Hour of professional development through self-directed study (Not to exceed 5 PDH) - 1 PDH
6. Each published paper, article, or book - 10 PDH
7. Active participation in professional or technical society, association, agency, or organization (Not to exceed 5 PDH per organization - 1 PDH
8. Each patent issued - 15 PDH
9. Other activities shall be credited at 1 PDH for each hour of participation in the activity.

(i) Determination of Credit

1. The Board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.
2. The Board shall not pre-approve or endorse any CEP activities. It is the responsibility of each license holder to assure that all PDH credits claimed meet CEP requirements.
3. Credit for college or community college approved courses will be based upon course credit established by the college.
4. Credit for seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.
5. Credit for self-directed study will be based on one PDH unit for each hour of study and is not to exceed 5 PDH per renewal period. Credit determination for self-directed study is the responsibility of the license holder and subject to review as required by the Board.
6. Credit determination for activities described in subsection (h)(4) of this section is the responsibility of the license holder and subject to review as required by the Board.
7. Credit for activity described in subsection (h)(7) of this section requires that a license holder serve as an officer of the organization, actively participate in a committee of the organization, or serve in other official positions. PDH credits are not earned until the end of each year of service is completed.
8. Teaching credit is valid for teaching a course or seminar for the first time only.

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

1. a log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and
2. attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.

(k) The license holder must submit certification that CEP requirements have been satisfied for that renewal       year with the renewal application and fee.

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

(m) CEP records for each license holder are subject to audit by the Board or its authorized representative.

1. Copies must be furnished, if requested, to the Board or its authorized representative for audit verification purposes.
2. If upon auditing a license holder, the Board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of engineering; the Board may require the license holder to acquire additional PDH as needed to fulfill the minimum CEP requirements.

(n) A license holder may be exempt from the professional development educational requirements for one of the       following reasons listed in paragraphs (1)-(4) of this subsection:

1. New license holders by way of examination shall be exempt for their first renewal period.
2. A license holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the professional development hours required during that year.
3. License holders experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the Board may be exempt. Supporting documentation must be furnished to the Board.
4. License holders who list their status as "Inactive" and who further certify that they are no longer receiving any remuneration from providing professional engineering services shall be exempt from the professional development hours required.

(o) A license holder may bring an inactive license to active status by obtaining all delinquent PDH units.       However, if the total number required to become current exceeds 30 units, then 30 units shall be the       maximum number required.

(p) Noncompliance:

1. If an license holder does not certify that CEP requirements have been met for a renewal period, the license shall be considered expired and subject to late fees and penalties.
2. Failure to comply with CEP reporting requirements as listed in this section is a violation of Board rules and shall be subject to sanctions.
3. A determination by audit that CEP requirements have been falsely reported shall be considered to be misconduct and will subject the license holder to disciplinary action.

A license holder is guilty of misconduct and subject to disciplinary action if the license holder:

1. knowingly signs or seals any engineering document or product if its use or implementation may endanger the health, safety, property or welfare of the public.
2. signs or affixes a seal on any document or product when the license is inactive or has been revoked, suspended, or has expired.
3. alters a sealed document without proper notification to the responsible license holder.
4. allows others access to his or her electronic files containing his or her seal and/or electronic signature, unless access is explicitly authorized for particular engineering work.

Firm name; Pursuant to §1001.405(e), a business entity that is not registered with the Board may not represent to the public by way of letters, signs, or symbols as a part of any sign, directory, listing, contract, document, pamphlet, stationery, advertisement, signature, or business name that it is engaged in the practice of engineering by using the terms:

1. "engineer,"
2. "engineering,"
3. "engineering services,"
4. "engineering company,"
5. "engineering, inc.,"
6. "professional engineers,"
7. "licensed engineer,"
8. "registered engineer,"
9. "licensed professional engineer,"
10. "registered professional engineer," or
11. "engineered," or
12. any abbreviation or variation of those terms listed in (1)-(11) above, or directly or indirectly use or cause to be used any of those terms in combination with other words.