1. (a) Written examinations prescribed by the board shall consist of experience and knowledge examinations and an ethics of engineering examination for the purpose of determining the applicant's qualifications to design and supervise engineering works, ensuring the safety of life, health, and property.

   1. (1) All examinations shall be in the English language.

   2. (2) Experience and knowledge examinations shall be an eight-hour Fundamentals of Engineering examination and Principles and Practice of Engineering examination prepared by the National Council of Examiners for Engineering and Surveying (NCEES).

      1. (A) Examinations shall be held in Austin or places designated by the board as scheduled by NCEES.
      2. (B) Examinations may be scheduled by obtaining the necessary forms from the board office and submitting it to the board with the appropriate fee.
      3. (C) Engineering students may schedule the Fundamentals of Engineering examination and Principles and Practice of Engineering examination at their participating school through the engineering dean's office.
      4. (D) Individuals who plan to take an examination must have their completed examination scheduling form and the appropriate fee in the board office by the close of regular business on the date established by the examination policy adopted by the board.
      5. (E) The principles and practice of engineering examination is open only to licensed engineers and to applicants who have received board approval to take it.
      6. (F) Examination fees shall be not be refunded.
   3. (3) The Texas Ethics of Engineering Examination shall be open book and shall be prepared and administered by the board. Each applicant must satisfactorily complete this examination and submit it with the application.

2. (b) The board shall adopt an examination policy at least once a year which shall include at least the following as listed in paragraphs (1)-(4) of this subsection:

   1. (1) the places where the examinations shall be held;
   2. (2) the dates of the examinations and the deadline date for an examinee to schedule an examination;
   3. (3) fees for each examination;
   4. (4) types of examinations offered.
3. (c) An undergraduate student who is within two full-time regular semesters (not including summer sessions) of graduating and who is enrolled in an EAC/ABET-accredited engineering program, a TAC/ABET-accredited four year baccalaureate technical program, or an engineering-related science program of four years or more that has been approved by the board, may take the Fundamentals of Engineering examination and Principles and Practice of Engineering examination at their school provided the school administers the examination as prescribed by the board.

4. (d) A graduate student may take the Fundamentals of Engineering examination and Principles and Practice of Engineering examination at their school provided the school administers the examination as prescribed by the board, that student is enrolled in an EAC/ABET-accredited graduate degree program or in a graduate program at an institution which has an EAC/ABET-accredited undergraduate degree program in that discipline, and the student has:

   1. (1) a baccalaureate degree that is EAC/ABET-accredited;
   2. (2) an engineering or engineering-related science program degree that has been approved by the board; or
   3. (3) a non-engineering related curriculum or other degree in which the student has provided evidence acceptable to the executive director as meeting the minimum requirements of Texas Engineering Practice Act (Act), §12(a)(1) or (2).
5. (e) Persons who appear to meet the educational requirements for a license and who have not passed the Fundamentals of Engineering examination and Principles and Practice of Engineering examination while in college may apply to the board to take the examination in Austin or at other sites designated by the board.

6. (f) It is the intent of the board to utilize the examination as an integral part of the licensing process; all applicants are expected to have passed the examinations or to offer sufficient evidence of their qualifications in the absence of passage of the examinations. The board may waive the Fundamentals of Engineering examination for any applicant with at least four years of creditable experience and who holds at least the educational credentials described in paragraph (3)(A) of this subsection. The board may waive one or both of the experience and knowledge examinations for applicants who do not pose a threat to the public health, safety, or welfare; request a waiver in writing at the time the application is filed; and meet one of the following requirements listed in paragraphs (1)-(3) of this subsection:

   1. (1) persons who have 12 or more years of engineering experience and meet the educational requirements of the Act, §12(a)(1); or
   2. (2) persons who have 16 years of engineering experience and meet the educational requirements of the Act, §12(a)(2); or

   3. (3) persons who have:

      1. (A) a Ph.D. degree in engineering from a recognized college or university that offers an EAC/ABET-approved undergraduate or master's degree program in a related branch of engineering or a Ph.D. degree in engineering or other related field of science or mathematics that is individually assessed and approved by the board during the evaluation process; and
      2. (B) taught in an EAC/ABET program for at least six years, or have at least six years of experience consisting of an acceptable combination of other creditable engineering experience or EAC/ABET teaching experience.
7. (g) Applicants requesting a waiver from any examination(s) shall file any additional information needed to substantiate the eligibility for the waiver with the application. Applicants requesting a waiver from the Principles and Practice of Engineering examination and who have never been licensed in any jurisdiction shall provide at least nine references, five of which shall be from licensed professional engineers. The board shall review all elements of the application including waiver request(s) and shall grant waivers through the application review and evaluation process.
8. (h) Applicants providing an official verification from an NCEES member board certifying that they have passed at least the eight-hour examination in that state shall not be required to take that examination again.

9. (i) The following shall apply to the Fundamentals of Engineering examination and Principles and Practice of Engineering examination:

   1. (1) The following individuals may register to take the Fundamentals of Engineering examination and Principles and Practice of Engineering examination:

      1. (A) license holders who wish to take the examination for record purposes;
      2. (B) applicants for a license approved by the board;
      3. (C) other persons who have been approved or directed by the board to take the examination.

   2. (2) Applicants approved to take the Fundamentals of Engineering examination and Principles and Practice of Engineering examination:

      1. (A) shall be advised of the first examination date for which they are eligible;
      2. (B) shall be solely responsible for timely registration for the examination and any payment of examination fees;
      3. (C) shall have no more than four consecutive examination opportunities, including the examination given on the date of the first available examination, to pass the examination. No extensions shall be granted under any circumstances.
   3. (3) Applications for applicants who do not pass the examination within the allotted time shall be non-approved.
   4. (4) After an application has been non-approved for not passing the examination, an applicant may immediately apply for a license under the law and rules in place when submitting the new application.

   5. (5) There are two groups of the Fundamentals of Engineering examination and Principle and Practice of Engineering examination offered.

      1. (A) Group 1 examinations are offered both in the spring and fall of each year and include the following branches of engineering: chemical, civil, electrical, environmental, mechanical, and structural examinations I and II.
      2. (B) Group 2 examinations are offered only in the fall and include examinations in the following branches of engineering: agriculture, control systems, fire protection, industrial, manufacturing, metallurgical, mining/mineral, nuclear, petroleum, and ship design.

Source Note:The provisions of this §131.101 adopted to be effective September 1, 1997, 22 TexReg 8040; amended to be effective March 18, 1998, 23 TexReg 2812; amended to be effective July 19, 1998, 23 TexReg 7223; amended to be effective January 2, 2000, 24 TexReg 11757.