The 78th Legislature (2003) passed SB277 that allowed the Texas Board of Professional Engineers to develop and implement an Inactive Status for licensed professional engineers. License holders on Inactive Status are not required to comply with the continuing education or criminal history record check requirements adopted by the Board.
Refer to the TBPE Law & Rules for the exact language.
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The adopted board rule (From the TBPE Law & Rules):
§137.13 Inactive Status
(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 be required to pay the fee increase per §1001.206 of the Act and 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;
(3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.3535 of the Act, unless previously submitted to the board; and
(4) comply with the continuing education program requirements for inactive license holders returning to practice as prescribed in §137.17(o) of this chapter (relating to Continuing Education Program). Texas Engineering Practice Act and Rules Page 54 of 72 Effective 12/17/13
(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, stationery 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. Source Note:
The provisions of this §137.13 amended to be effective December 17, 2013.