22 Tex. Admin. Code § 131.15
Committees
Effective Jul 20, 200934 TexReg 4736 Source Note: The provisions of this §131.15 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 10, 2006, 31 TexReg 9829; amended to be effective March 8, 2007, 32 TexReg 1074; amended to be effective September 10, 2007, 32 TexReg 6152; amended to be effective December 21, 2008, 33 TexReg 10162; amended to be effective July 20, 2009, 34 TexReg 4736. Texas Secretary of State
(a) The board chair shall appoint the following standing committees as stated in paragraphs (1) - (5) of this subsection, composed of four board members at least one of whom is a public member. A committee quorum shall consist of three members. Committee appointments shall be made by the chair for a term of two years but may be terminated at any point by the chair. Committee members may be re-appointed at the discretion of the chair. The board chair shall appoint a committee chair.
- (1) General Issues Committee. The committee shall meet no less than twice each fiscal year to evaluate issues and possibly develop proposed actions for the full board on issues of importance to the board and the profession. Such issues might include engineering ethics, professionalism in practice, legislation, board management, and engineering business issues. The vice chair of the board shall be a committee member and shall chair the committee during his or her elected term.
- (2) Licensing Committee. The committee shall meet no less than twice each fiscal year to evaluate issues and possibly develop proposed actions for the full board on licensing issues. The committee may participate in activities such as evaluating rules concerning licensing of engineers; evaluating education and continuing education program requirements; conducting personal interviews of applicants; evaluating applications; participating in national and international engineering licensing activities on the board's behalf; providing general guidance to the executive director on licensing issues; and evaluating any other issue indirectly or directly relating to engineering licensing.
- (3) Compliance and Enforcement Committee. The committee shall meet as required to evaluate issues and possibly develop proposed actions for the full board on enforcement issues. The committee may participate in activities such as evaluating rules concerning enforcement of the Act; reviewing the progress of major enforcement cases or groups of cases; suggesting sanctions for violations of the Act; participation in national and international engineering law enforcement activities on the board's behalf; providing general guidance to the executive director on enforcement issues; and evaluating any other issue indirectly or directly relating to engineering law enforcement.
- (4) Policy Advisory Opinion Committee. The committee shall meet as required to review, prepare and recommend policy advisory opinions regarding the interpretation or application of the Act and to perform related activities pursuant to board approval. The committee shall follow the process and procedures for issuing advisory opinions as prescribed in Subchapter G of this chapter (relating to Advisory Opinions).
- (5) Legislative Issues Committee. The committee shall meet as needed to consider legislative matters that may affect the practice of engineering in the state. Pursuant to the Chapter 556, Texas Government Code, the committee shall not lobby or strive to influence legislation regarding the practice of engineering but meet to consider board responses to pending legislation and assist in answering related inquiries from the Texas Legislature, Governor or other state agency or governmental entity during the legislative session. The committee shall report to the full board on actions and activities addressed on behalf of the board.
- (b) Nominating Committee. The board's chair shall appoint a nominating committee consisting of the chair and two board members to nominate candidates for the offices of vice chair, secretary, and treasurer. The nominating committee shall meet prior to the regular board meeting prior to September 1 of each year to allow election of officers at that meeting.
(c) Ad Hoc Committees. The board and its committees may appoint temporary committees to assist in resolving particular engineering issues.
- (1) The board's chair, board, and/or committee chair may appoint ad hoc committees composed of committee members, other board members, and other persons to address particular issues.
- (2) The chair or committee chair shall establish a specific purpose and duration for each ad hoc committee. Ad hoc committees previously appointed may be reappointed in part or in whole for a specific purpose and duration.
- (3) Ad hoc committees shall be limited to investigating and evaluating issues assigned, and making a report to the full board or appropriate standing committee with recommendations concerning possible board positions, actions or inactions. The board or appropriate standing committee shall receive the report of each ad hoc committee publicly, and shall recommend appropriate action, if any, to the full board.
(d) Advisory Committees. The chair or board may convene the following committees in an advisory capacity:
- (1) Educational Advisory Committee. The educational advisory committee shall consist of the deans of the colleges or the department heads or other program administrator for those institutions without a college of engineering or the representatives for the deans or department heads and other invited representatives of the academic community. The committee shall meet as needed and submit any reports or recommendations to the Licensing Committee. The board chair may appoint one or more board members as liaisons to the advisory committee. If requested by the advisory committee, the executive director or staff may act as the secretary for the meeting.
- (2) Industry Advisory Committee. The industry advisory committee shall consist of practicing engineers from various disciplines and functions in engineering including, but not limited to, consulting, manufacturing, regulatory, research, and utility service. The committee shall meet as needed and submit any reports or recommendations to the General Issues Committee. The board chair may appoint one or more board members as liaisons to the advisory committee. If requested by the advisory committee, the executive director or staff may act as the secretary for the meeting.
- (3) Governmental Advisory Committee. The governmental advisory committee shall consist of representatives of various governmental agencies, organizations, or jurisdictions that employ professional engineers or use engineering services. The committee shall meet as needed and submit any reports or recommendations to the General Issues Committee. The board chair may appoint one or more board members as liaisons to the advisory committee. If requested by the advisory committee, the executive director or staff may act as the secretary for the meeting.
(e) Joint Advisory Committee on Practice of Engineering and Architecture. Pursuant to §1001.216 of the Act, the advisory committee shall work to resolve issues that result from the overlap between activities that constitute the practice of engineering and those that constitute the practice of architecture. The chair shall appoint three members of the board and one practicing architectural engineer to the Joint Advisory Committee on Practice of Engineering and Architecture.
- (1) Members of the advisory committee serve staggered six-year terms with the terms of one or two members appointed by the board expiring each odd-numbered year.
- (2) The advisory committee shall meet at least twice a year.
- (3) The advisory committee shall assist each agency in protecting the public rather than advancing the interests of either agency or the profession it regulates.
(4) The advisory committee shall issue advisory opinions to the board and to the Texas Board of Architectural Examiners on matters relating to the practice of engineering and the practice of architecture, including:
- (A) opinions on whether certain activities constitute the practice of engineering or the practice of architecture;
- (B) specific disciplinary proceedings initiated by either agency; and
- (C) the need for persons working on particular projects to be licensed by the board or registered by the Texas Board of Architectural Examiners.
- (5) If the advisory committee issues an advisory opinion to the board and/or the Texas Board of Architectural Examiners on a matter, that agency shall notify the committee of the final action taken with regard to the matter. The advisory committee shall consider the action taken by the agency on the matter in any advisory opinion subsequently issued by the committee on a related matter.
- (6) The board and the Texas Board of Architectural Examiners shall enter into a memorandum of understanding regarding the advisory committee that includes the composition and purpose of the committee.
- (7) The joint advisory committee is abolished on September 1, 2011.
- (f) Committee actions. The actions of the committees are recommendations only and are not binding until ratification by the board at a regularly scheduled meeting or if authorized by rule.
Source Note:The provisions of this §131.15 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 10, 2006, 31 TexReg 9829; amended to be effective March 8, 2007, 32 TexReg 1074; amended to be effective September 10, 2007, 32 TexReg 6152; amended to be effective December 21, 2008, 33 TexReg 10162; amended to be effective July 20, 2009, 34 TexReg 4736.