Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,913
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SUBCHAPTER F. ADMINISTRATION
22 TAC 131.81
The amendment is adopted pursuant to the Texas Engineering
Practice Act, Occupations Code 1001.202, which authorizes
the Board to make and enforce all rules and regulations and by-
laws consistent with the Act as necessary for the performance of
its duties, the governance of its own proceedings, and the regu-
lation of the practice of engineering in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on August 20, 2012.
Lance Kinney, P.E.
Texas Board of Professional Engineers
Effective date: September 9, 2012
Proposal publication date: June 15, 2012
For further information, please call: (512) 440-7723
CHAPTER 133. LICENSING
The Texas Board of Professional Engineers (Board) adopts
amendments to 133.21, regarding Application for Standard
License, with minor modifications to the proposed text as pub-
lished in the June 15, 2012, issue of the Texas Register (37
TexReg 4331). The changes are based on comments received
and the text of the rule will be republished. The Board also
adopts amendments to 133.23, regarding Applications from
Former Standard License Holders; 133.27, regarding Appli-
cation for Temporary License for Engineers Currently Licensed
Outside the United States; 133.31, regarding Educational
Requirement for Applicants; 133.33, regarding Proof of Educa-
tional Qualifications--Non-Accredited/Non-Approved Programs;
133.61, regarding Engineering Examinations Required for a
License to Practice as a Professional Engineer; and 133.65,
regarding Examination on the Fundamentals of Engineering,
without changes to the proposed text as published in the June
15, 2012, issue of the Texas Register (37 TexReg 4331) and
will not be republished.
The adopted change to 133.21 removes the requirement for the
Test of Spoken English (TSE), which no longer exists; adds the
Texas Driver's License as a valid form of name change documen-
tation; and adds the Internet-based TOEFL score as an option.
These corrections were identified during the agency quadren-
nial rule review. The other proposed change was intended to
level the scoring for the various TOEFL tests. The existing rule
score for the paper-based exam of 550 was reduced to 523 to
be consistent with a 70% expectation. The Board received one
comment regarding the proposed change stating that the change
would be a reduction of the current requirements for applicants
to be proficient in English. The Board accepts these comments.
It was not the intended purpose to reduce requirements. The or-
ganization that administers the TOEFL does not set a minimum
passing score, but leaves it to the discretion of the requiring en-
tity. The current TOEFL score requirement has been in place
since 1990 when it was introduced. The rule wording is modi-
fied to keep the current required score for the paper-based exam
and set the passing score for the new Internet-based exam at an
The adopted change to 133.23 corrects a citation to another
rule number within this rule. No comments were received on
The adopted change to 133.27 corrects a citation to another
rule number within this rule and removes the requirement for the
TSE, which no longer exists. No comments were received on
The adopted changes to 133.31, 133.33, and 133.65 imple-
ment a name change for the ABET accreditation commission
that evaluated engineering technology programs. The name
will change from the Technology Accreditation Commission to
the Engineering Technology Accreditation Commission. The ab-
breviation will change from TAC/ABET to ETAC/ABET. No com-
ments were received on this change.
The adopted change to 133.61 corrects the rule related to spe-
cial accommodations for exams. These requests are handled
through the current contract with NCEES, and they have their
own forms and requirements.
SUBCHAPTER C. PROFESSIONAL
ENGINEER LICENSE APPLICATION
22 TAC 133.21, 133.23, 133.27
The amendments are adopted pursuant to the Texas Engineer-
ing Practice Act, Occupations Code 1001.202, which autho-
rizes the board to make and enforce all rules and regulations
and bylaws consistent with the Act as necessary for the perfor-
mance of its duties, the governance of its own proceedings, and
the regulation of the practice of engineering in this state.
133.21. Application for Standard License.
(a) To be eligible for licensure as a professional engineer, one
must submit a completed application.
(b) All persons must have passed the examination on the fun-
damentals of engineering or be eligible for a waiver from the examina-
tion on the fundamentals of engineering before submitting an applica-
(c) Applicants must speak and write the English language.
Proficiency in English may be evidenced by possession of an accred-
ited degree taught exclusively in English, or passage of the Test of
English as a Foreign Language (TOEFL) with a written score of at
least 550, a computer based score of at least 200 or an internet based
score of at least 95 or other evidence such as significant academic or
work experience in English acceptable to the executive director.
(d) Applicants for a license shall submit:
(1) an application in a format prescribed by the board and
(A) list his or her full, legal and complete name without
abbreviations, nicknames, or other variations of the full legal name. If
applicable, the applicant shall submit proof of a legal name change
including but not limited to a marriage certificate, passport, current
Driver's License issued by the State of Texas, court documents, or na-
tionalization documents to substantiate other documentation submitted
in the application; and
(B) list social security number, as required under the
Texas Family Code, 231.302;
ADOPTED RULES August 31, 2012 37 TexReg 6913
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/94/: accessed July 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.