AGENDA
TEXAS BOARD OF PROFESSIONAL ENGINEERS
REGULAR QUARTERLY BOARD MEETING
1917 IH35 South
Austin, TX  78741
November 17, 2011 – 10:30 A.M.

Call to Order.   Click here to play video.
G. Kemble Bennett, Ph.D., P.E., Presiding Officer
1. Roll Call and Welcome Visitors
G. Kemble Bennett, Ph.D., P.E.

2. Public Comment
G. Kemble Bennett, Ph.D., P.E.    

3. Consent Agenda Click here to play video.
G. Kemble Bennett, Ph.D., P.E.

(The following items may be acted upon under Consent Agenda and are marked with an asterisk* on the Regular Quarterly Board Meeting Agenda)
(Motion)
August 17, 2011, Licensing Committee Minutes (See agenda item #5)
August 18, 2011, Enforcement Committee Minutes (See agenda item #6)
August 18, 2011, General Issues Committee Minutes (See agenda item #7)
August 18, 2011, Regular Quarterly Board Meeting Minutes (See agenda item #4 )
Administrative Reports and Outstanding Administrative Penalties and Dismissed Cases (See agenda item #18)
Licensing Applications. (See agenda item #23)
Discuss and Possibly Approve Board Minutes:
G. Kemble Bennett, Ph.D., P.E.

4. *(Consent Agenda) Discuss and possibly approve minutes of the August 18, 2011,Regular Quarterly Board Meeting Minutes

Discuss and Possibly Accept Committee Minutes:
5. *(Consent Agenda) August 17, 2011, Licensing Committee Minutes             
6. *(Consent Agenda) August 18, 2011, Enforcement Committee Minutes       
7. *(Consent Agenda) August 18, 2011, General Issues Committee Minutes    

Discuss and Possibly Act on Reports:
G. Kemble Bennett, Ph.D., P.E.
8. Board Members’ Activity Reports
(Reports)
Bennett
Baker
Ballí
Greer
Nadkarni
Reyna
Summers
Wong

9. Emeritus Members’ Activity Reports Click here to play video.
G. Kemble Bennett, Ph.D., P.E.
(Report)
Gonzalez
Guerra

10. Budget
Jeff Mutscher, Finance Director
FY 11 4th Quarter Budget Report
FY 11 Annual Financial Report (AFR)
FY 11 SDSI, Article 8930, Sec. b Report
(Report)

11. Performance Measures Click here to play video.
David Howell, P.E.
(Report)

12. Personnel Matters Click here to play video. Also Refer to item 24 Below
this agenda item will be considered under executive session as authorized under Government Code §551.074
G. Kemble Bennett, Ph.D., P.E.

Discuss and Possibly Act on Issues Regarding Committee Reports or Items on the Committee Agendas: Click here to play video.
13. Enforcement Committee (See Enforcement, Yellow Tab)
Edward Summers, Ph.D.
Discuss and possibly act on the following rule adoptions
(Motion)
§137.51 General Practice
§139.35 Sanctions and Penalties
Staff Attorney Reports
(No action required)

SOAH Cases
Suits Against the Board
Status of Court Cases (Injunctions)

Discuss, consider, and possibly act on decision resulting from SOAH case and Final Order for the following cases:
(Possible Motion)
Charles Bass Urban, P.E. – D-31962 & D-31993

14. General Issues Committee (See General Issues, Purple Tab) Click here to play video.
Daniel Wong, Ph.D., P.E.

Discuss and possibly act on the following rule adoption:
§131.15—Committees
Preamble
Rule Language

§137.19- Engineers Qualified to be Texas Windstorm Inspectors
(Motion)
Preamble
Rule Language
HB3
Comments
FAQ

15. Policy Advisory Opinion Committee (See PAOC, GreenTab) Click here to play video.
Bobby Balli, P.E.

EAOR #31-Designated Engineering Representative (DER)—Consideration of whether a DER is required to be licensed in Texas.
Request Letter
Opinion
MBA List
OAG
TC Data

16. Licensing Committee (See Licensing, Orange Tab) Click here to play video.
Jim Greer, P.E.
Personal Appearances from Licensing Applicants 
(Motion required on all personal interviews)

Barber
Cannon
Denson
Fielder
Moran
Schalekamp

Criminal Conviction Policy Statements
(Possible motion)

Criminal History Policy for Applications
Criminal Conviction for Licensee

Discuss and Possibly Act on Reports or Items reported by the Executive Director:
17. Executive Director’s Report Click here to play video.
Lance Kinney, P.E.
(Report)
Activity Report
Introduction of new employees
Report NCEES Annual Meeting, August 24-27, 2011
State Auditor Office Audit
Engineers & Architects update
Windstorm Inspection Update
Sunset Review Update
TBPE Agency Staff Development
Rebranding
Outreach Activities
Log
Kudos
E-newsletter Kudos

Discuss and Possibly Act on Enforcement/Disciplinary Matters:  Click here to play video.
18. *(Consent Agenda) Administrative Reports, Outstanding Administrative Penalties Dismissed Cases, Cease and Desist Order, Agreements, Injunctions/Default Judgments
C.W. Clark, P.E.

19. Agreed Board Orders Click here to play video.
C.W. Clark, P.E.
(Motion)

1. Masood E. Bhatti, P.E. – D-32501 (Greer)
Informal Reprimands (In accordance with Board Rule 139.31(b) individual names are not listed)
2. D-32069  (Nadkarni)
3. D-32420 (Greer)
4. D-32137 & D-32561  (Greer)

20. Consent Orders Click here to play video.
C.W. Clark, P.E.
(Motion)

Informal Reprimands (In accordance with Board Rule 139.31(b) individual names are not listed)
5. D-32990
Sanctions Against Non-License Holders
6. Double Diamond, Inc. – B-32627

Firm Registrations/Sole Proprietorship Sanctions
7. CMT-TEC, L.L.C. – B-33105
8. Montemayor Engineering, Inc. - B-32999
9. Preston Engineering and Construction, Inc. – B-32856

21. Order of the Board – Voluntarily surrendering Texas License Click here to play video.
C.W. Clark, P.E.
Robert Alan Walz, P.E.—D-32517

22. Discuss, possibly act on request to reconsider Approved Board Order Click here to play video.
C.W. Clark, P.E.
(Motion)

Iden Trevino, P.E.
Document 1
Document 2

Leonel Ruiz, P.E.
Document 1
Document 2

Discuss and Possibly Act on Licensing Applications Requiring Board Ruling: Consent Agenda - Refer to #3 Above
23. *(Consent Agenda) Licensing Applications
David Howell, P.E.

Vote or Reconfirm Votes Pursuant to Board Rule §133.87:
(Motion)
Approved for Licensure
Not Approved for Licensure
Waivers – Both
Waivers – FE
Approved for Exams
Firms Approved

Discuss and Possibly Act on Other Matters Click here to play video.
24. Issues from Board members for future meetings 
G. Kemble Bennett, Ph.D., P.E.

25. Future TBPE meeting dates
G. Kemble Bennett, Ph.D., P.E.

Adjourn.
The Board may meet in closed session on any agenda item listed above as authorized by the Texas Open Meetings Act, Tex. Gov’t. Code Ann. Chapter 551.

Individuals needing special accommodation should contact the Texas Board of Professional Engineers at (512) 440-7723, in a timely manner.