| (a) A former standard license holder, whose original
license has been expired for two or more years and who meets the current
requirements for licensure, may apply for a new license. This section
does not apply to a former holder of a temporary license.
(b) A former standard license holder applying for a
license under the current law and rules must have the documentation
requested in §133.21 of this chapter (relating to Application)
recorded and on file with the board and may request in writing that
any transcripts, reference statements, evaluations, supplementary
experience records or other similar documentation previously submitted
to the board be applied toward the new application. The applicant
shall:
(1) submit a new application in a format prescribed
by the board;
(2) pay the application fee established by the board.
Application fees shall be waived for qualifying military service members,
military veterans, and military spouses in accordance with Texas Occupations
Code Chapter 55;
(3) submit a completed Texas Engineering Professional
Conduct and Ethics examination;
(4) submit a supplementary experience record that includes
at least the last four years of engineering experience, which may
include experience before the previous license expired;
(5) submit also at least one reference statement conforming
to §133.51 of this chapter (relating to Reference Providers),
in which a professional engineer shall verify at least four years
of the updated supplementary experience record; and
(6) documentation of submittal of fingerprints for
criminal history record check as required by §1001.272 of the
Act, unless previously submitted to the board.
(c) Once an application from a former standard license
holder is received, the board will follow the procedures in §133.83
of this chapter (relating to Processing, Review, and Evaluation of
Applications) to review and approve or deny the application.
(d) Any license issued to a former standard license
holder shall be assigned a new serial number.
(e) Once an application under this section is accepted
for review, the board will follow the procedures in §133.83 of
this chapter (relating to Processing, Review, and Evaluation of Applications)
to review and approve or deny the application. The board may request
additional information or require additional documentation to ensure
eligibility pursuant to §1001.302 of the Act, as needed. Pursuant
to §1001.453 of the Act, the board may review the license holder's
status and take action if the license was obtained by fraud or error
or the license holder may pose a threat to the public's health, safety,
or welfare.
(f) Any enforcement action taken against an expired
license holder in accordance with §139.31 (relating to Enforcement
Actions for Violations of the Act or Board Rules) and any enforcement
action that was pending when a license expired, and has remained expired
for two or more years, may be considered in the evaluation of an application
for a new license.
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| Source Note: The provisions of this §133.23 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10166; amended to be effective July 16, 2009, 34 TexReg 4638; amended to be effective September 9, 2012, 37 TexReg 6913; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective September 30, 2020, 45 TexReg 6768; amended to be effective July 3, 2022, 47 TexReg 3684; amended to be effective March23, 2023, 48 TexReg 1559 |
