TBPELS Acts and Rules Page 50 of 114 Effective September 5, 2023
(6) documentation of a passing score on examination(s), which may include official verifications from the National Council of
Examiners for Engineering and Surveying (NCEES) or other jurisdictions as required under §133.61(g) of this chapter (relating
to Engineering Examinations), if applicable;
(7) verification of a current license, if applicable;
(8) a completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter
(relating to Professional Conduct and Ethics Examination);
(9) TOEFL scores, if applicable;
(10) information regarding any judgments of convictions, deferred judgments or pre-trial diversions for a misdemeanor or felony
provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the
criminal charges and the resolution of those charges;
(11) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act; and
(12) if applicable, written requests for waivers of the examinations on the fundamentals and/or principles and practices of
engineering, TOEFL documentation, or a commercial evaluation of non-accredited degrees and a statement supporting the
request(s).
(e) At the time the application is filed, an applicant may request in writing that any transcripts, reference statements, evaluations,
experience records or other similar documentation previously submitted to the board be included in a current application; however, such
documentation may not meet the requirements of the board at the time of the subsequent application and new or updated information may
be required.
(f) The NCEES record may be accepted as verification of an original transcript, licenses held, examinations taken, experience record and
reference documentation to meet the conditions of subsection (d)(3) - (7) of this section.
(g) Once an application is accepted for review, the fee shall not be returned, and the application and all submissions shall become a
permanent part of the board records.
(h) An applicant who is a citizen of another country shall show sufficient documentation to the board to verify the immigration status for
the determination of their eligibility for a professional license in accordance with the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.
(i) 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.
Source Note: The provisions of this §133.21 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective February 24, 2005, 30 TexReg 846; amended to be
effective December 21, 2008, 33 TexReg 10166; 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 March 23, 2023, 48 TexReg 1559
§133.23 APPLICATIONS FROM FORMER STANDARD LICENSE HOLDERS
(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.
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