Exemptions
Previously, these exemptions eliminated the $200 Professional Fee. However, the 84th Legislative Session in 2015 eliminated this fee. Accordingly exemptions do not provide for a reduction in the renewal fee. These statuses do allow an exemption from the Continuing Education Program Requirements and the one-time Criminal History Record Check.
Industry Exemption
Disabled
Inactive Status
Military Service Members
1. Industry Exemption
An exemption under this subchapter applies only to a person who meets the qualifications of sections 1001.057 or 1001.058 and does not offer to the public to perform engineering services. This is verified by employment information and must be submitted in writing.
Specific Rule Language:
§1001.057. Employee of Private Corporation or Business Entity (a) This chapter shall not be construed to apply to the activities of a private corporation or other business entity, or the activities of the full - time employees or other personnel under the direct supervision and control of the business entity, on or in connection with: (1) reasonable modifications to existing buildings, facilities, or other fixtures to real property not accessible to the general public and which are owned, leased, or otherwise occupied by the entity; or (2) activities related only to the research, development, design, fabrication, production, assembly, integration, or service of products manufactured by the entity. (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. (c) This exemption does not prohibit: (1) a licensed professional engineer who intends to incorporate manufactured products into a fixed work, system, or facility that is being designed by the licensee on public property or the property of others from requiring the manufacturer to have plans or specifications signed and sealed by a licensed professional engineer; or (2) the board from requiring, by rule, that certain manufactured products delivered to or used by the public must be designed and sealed by a licensed professional engineer, if necessary to protect the public health, safety, and welfare. (d) For purposes of this section, "products manufactured by the entity" also includes computer software, firmware, hardware, semiconductor devices, and the production, exploration, and transportation of oil and gas and related products.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amende d by Acts 2003, 78th Leg., ch. 1168, Sec. 3, eff. Sept. 1, 2003.
and
§1001.058. Employee of Certain Utilities or Affiliates
(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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 4, eff. Sept. 1, 2003.
2. Disabled
Individuals who are disabled and not currently engaged in the practice of engineering due to that disability qualify for a disability exemption and are exempt from the continuing education requirement. If a disabled individual resumes active practice, they must notify the Board within 15 days. To apply for disability please contact the Board. Medical documentation will be required.
Specific Rule Language:
1001.205. Reduced Fees: Elderly, Disabled , Inactive Status
(a) For purposes of this section, a person is disabled if the person has a mental or physical impairment that substantially limits the ability of the person to earn a living as an engineer, other than an impairment caused by a current addiction to the use of alcohol or an illegal drug or controlled substance.
(b) The board by rule may adopt reduced license fees and annual renewal fees for engineers who are:
(1) at least 65 years of age; or
(2) disabled and not actively engaged in the practice of engineering.
(c) A person entitled to reduced fees under Subsection (b)(2) shall notify the board that the person has resumed the active practice of engineering not later than the 15th day after the date the person resumes active practice.
Added by Acts 2001, 77 th Leg., ch. 1421, § 1, eff. June 1, 2003.
3. Inactive Status Exemption
An engineer may request inactive status at any time before the expiration date of the license. Additional paperwork is required. If a license is in a delinquent status, all previous fees and penalties must be paid and CEP requirements completed before a P.E. can enter into an inactive status. A P.E. on inactive status may not practice engineering, nor use his/her seal, except to act as a reference for a license applicant. An inactive P.E. may use any term allowed for an active license holder followed by the term "Inactive" on business cards, stationery and correspondence. An inactive P.E. must pay an annual fee set by the board. An inactive P.E. is not required to comply with the continuing education requirements adopted by the board; or take an examination for reinstatement to active status. To return to active status, the P.E. must submit Board provided forms requesting reinstatement to active status, pay the fee for annual renewal and the fee increase required; and comply with the continuing education program requirements for inactive license holders returning to practice. Violation of the inactive status is subject to disciplinary action by the board.
Specific Rule Language:
1001.355. Inactive Status
(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.
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 28, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 837, Sec. 5 , eff. September 1, 2007.