Current Policy Advisory Opinions
(Requested after September 1, 2003)
Click here for information on the Policy Advisory Opinion Process2. Metropolitan Transportation Planning
3. Structural or Mechanical Modifications to Building Roofs
5. Septic Tank Design Parameters
6. Mold Assessment & Remediation
7. Construction Materials Engineering
8. Engineering Aspects of Comprehensive Building Design
9. Comprehensive Building Design
9B. Comprehensive Building Design
10. Professional Engineer (PE) Title Use
11. Environmental Document Preparation
12. Professional Design of Indoor Antenna Systems
13. Specified Power Poles for Manufacture
14. PE Requirements for Telecomm/Datacomm Design
15. Use of Current Regulations in Design
16. PE's Engineering Areas of Competence
19. Commissioning of Engineered Systems (Buildings)
20. Engineer Required for Building
23. Engineering Aspects of Facilities Assessment
24. Procurement of Engineering Services for Public Projects
25. Corrosion Protection Systems for Water Pipelines
26. Structural Integrity & Building Codes
27. Engineering aspects of preparation of EPA Stormwater Pollution Prevention Plans (SWPPP)
29. Engineering Aspects of Gas Turbine Acceptance Testing
30. Real Estate Inspection Reports and Engineering
31. Designated Engineering Representatives
32. Texas Engineering Practice Act Board Rules and Staff Procedures
33. Direct Supervision and Engineering Discipline related to court testimony
35. Oil Well Production Casing String Design
37. Interpretation of Utility and Telephone Company Exemptions
38. Direct Supervision of Engineering Performed in Overseas Offices
40. Extent of Jurisdiction outside Texas
43. TREC Inspector Providing an Opinion
46. Petrochemical Plant Design Documents
47. Texas PE Sealing Requirements for Offshore and Gas Facilities
48. Licensing Requirements for Contractors and Subcontractors
49. Unpaid Services Rendered/Making a Design Null and Void
50. Sealing Procedures for Digital Models
51. Design and Evaluation of Residential Foundations, Specifically, Slab-on-Ground Foundations
52. Waiver of sealing Requirements for a Petrochemical building a facility in Texas
53. Exemptions for Telephone Companies
54. Sealing Requirements for Pressure Vessels
55. The Extent of the Utilities Exemption in the Texas Engineering Practice Act
56. Predominant Use Studies Regarding the Use of Natural Gas or Electricity by a Business Entity
57. Sealed Engineering Documents
58. Out of State Engineers Participating in Texas Court Cases
59. Third-Party Plan Reviewers Working for a City
60. Reliance on Third-Party Pictures or Videos to Form an Engineering Opinion
61. Request Withdrawn By Requestor Prior to Board Consideration
62. Mechanical Equipment Procurement, Repair, and Replacement
63. Signing and Sealing Tests That Private Associations Require Certification to Issue
64. Using Engineering Work in Marketing Materials
65. Use of the Term “Network Engineer” in Job Titles for Local Government Job Titles in Texas
66. Design of Lighting Systems and Controls
67. The Ethical Expectation of Engineers to Share Concerns About A Project
68. The Expectation on an Engineer Engaging in Peer Reviews
69. Definition of "Specification" as Found in Section 1001.401 of the Texas Engineering Practice Act
70. The Ability of Engineers to Contractually Limit Their Liability
71 - The Use of Artificial Intelligence (AI) Software By Licensees
1 - Water Quality Planning
Approved and Closed by Policy Advisory Opinion Committee on August 10, 2005.
Requestor: CEC
Open Date: 10/14/2003
Summary: Define which portion of water quality planning services constitute the practice of engineering. Reference from an RFP issued by public entities in Austin region for water quality planning in Barton Springs Edwards Aquifer region. Review RFP and define engineering tasks.
Policy Advisory - Approved by the Texas Board of Professional Engineers on August 11, 2005.
Frequently Asked Questions
2 - Metropolitan Transportation Planning
Approved and Closed by Policy Advisory Opinion Committee on May 18, 2005.
Requestor: CEC
Open Date: 10/14/2003
Summary: Define which portion of metropolitan transportation planning constitutes the practice of engineering. RFPs given as examples: Waco bicycle and pedestrian plan, 1998 San Antonio fixed guideway plan, Ft. Worth transit corridor plan.
Policy Advisory - Approved by the Texas Board of Professional Engineers on May 19, 2005.
3 - Structural or Mechanical Modifications to Building Roofs
Approved and Closed by Policy Advisory Opinion Committee on October 6, 2004.
Requestor: CEC
Open Date:
11/07/2003
Summary: TCEC and agency enforcement staff require guidance on when the services of a professional engineer would be required for roofing repair or modification projects. For example, which of the following activities are considered engineering? Specification of repairs, modifications to roof drainage systems, deck repairs, win uplift calculations, code compliance, insulation change, changes to roof mounted equipment, modification of parapets, change of roof slope, change of materials and similar issues.
Policy Advisory - Approved by the Texas Board of Professional Engineers on October 7, 2004.
Frequently Asked Questions
4 - Water Tank Rehabilitation
Approved by the Policy Advisory Opinion Committee on November 29, 2004. Closed on January 26, 2005.
Requestor: Jimmy Dunham / Dunham Engineering
Open Date: 02/02/2004
Summary: P.E. in tank evaluation/repair business requested P.A. defining engineering aspects of tank recoating and repair. Stated issues include lead containment, removal of metal structure during shot-blasting and structural repairs of corrosion damage. TCEQ has jurisdiction over the operation of public water systems in Texas. Further research by staff required to determine which TCEQ rules address tank repairs or renovations. Staff will report findings at next P.A. meeting.
Policy Advisory - Approved by the Texas Board of Professional Engineers on January 26, 2005.
5 - Septic Tank Design Parameters
Closed by Policy Advisory Committee on April 16, 2004.
Requestor: Staff initiated
Open Date: 03/05/04
Summary: Associating septic system capacity and TCEQ rules as related to professional engineers.
6 – Mold Assessment & Remediation
Closed by Policy Advisory Committee on June 9, 2004.
Requestor: Staff initiated
Open Date: 02/26/04
Summary: Determine if there are aspects of mold remediation that may be completed by P.E. without obtaining additional license from Texas Department of Health (TDH).
Resolution: Changes were made by TDH in their documents allowing engineers to practice engineering as required.
7 - Construction Materials Engineering
Approved and Closed by the Policy Advisory Opinion Committee on May 18, 2005.
Amended on August 20, 2009
Requestor: Steve Stagner
Open Date: 04/16/04
Request for Evaluation of Board Policy Advisory (06-99A) on Construction Materials Testing.This request asks the Board to evaluate the effectiveness of the existing policy advisory on engineering related to construction material testing and update as necessary. Policy Advisory - Approved by the Texas Board of Professional Engineers on August 20, 2009.
The Board issued an advisory opinion regarding Construction Materials Engineering on May 19, 2005. In an effort to make the format of this policy advisory consistent with other policy advisories issued by the Board, the Frequently Asked Questions section of the policy advisory is being moved out of the body of the policy advisory and will be available on a separate page of the agency website that can be updated by Board staff as needed without necessitating a vote by the Policy Advisory Committee. The Board also approved an edit to Frequently Asked Question # 2 that removes "that is to be used for acceptance purposes" from the second bulleted point in the question answer. Final approved by the Board on August 20, 2009. Frequently Asked Questions Regarding Construction Materials Engineering - Approved by the Texas Board of Professional Engineers on August 20, 2009.
8 – Engineering Aspects of Comprehensive Building Design
Withdrawn by the requestor on August 6, 2004. The Policy Advisory Opinion Committee accepted the request to withdraw on August 17, 2004
Requestor: Texas Board of Professional Engineers
Open Date: 06/9/04
Summary: On May 21 the request to pursue a policy advisory opinion on this subject was approved during a Joint Advisory Committee of the Texas Board of Professional Engineers (TBPE) and the Texas Board of Architectural Examiners(TBAE). The request was to be submitted to the TBPE Policy Advisory Opinion Committee to "define whether engineering includes comprehensive building design (or full-scope building systems) in terms of building systems". The TBPE Policy Advisory Opinion Committee accepted this request at the June 9, 2004 meeting.
On August 6, 2004, the Joint TBPE/TBAE Advisory Committee voted to rescind their previous request and allow the Texas Society for Professional Engineers written request of a similar nature to proceed with the TBPE Policy Advisory Opinion Committee. On August 17, 2004 the TBPE Policy Advisory Opinion Committee voted to approve the closure of this Policy Advisory Request.
9 - Comprehensive Building Design
Approved and Closed by Policy Advisory Opinion Committee on August 10, 2005.
Rescinded by the Board on February 23, 2006.
Does the practice of engineering include comprehensive and complete design of buildings by a competent engineer without the services of an architect? Approved by the Texas Board of Professional Engineers on August 11, 2005.
Rescinded by the Board on February 23, 2006 based on the results of Attorney General Opinion GA-0391. A rewrite of this Policy Advisory Opinion is now under consideration by the committee. When released, it will be entitled 9B.
9B - Approved and Closed by the Policy Advisory Opinion Committee on February 7, 2007.
Rescinded by the Board on May 24, 2012.
10 – Professional Engineer (PE) Title Use
Closed by the Policy Advisory Opinion Committee on November 29, 2004. Board re-evaluated and Committee accepted new response letter on August 10, 2005.
Requestor: Mark Goodson / Goodson Engineering
Open Date: October 1, 2004
Summary: Can Texas residents not licensed in Texas, but licensed in another state identify themselves as P.E. (other State) on business cards or other documents? On November 29th, the TBPE Policy Advisory Opinion Committee met and accepted the Executive Director's response. New response letter was accepted on August 10, 2005.
11 – Environmental Document Preparation
Withdrawn by the requestor on April 29, 2005. The Policy Advisory Committee accepted the request on May 18, 2005. The Policy Advisory Opinion Committee accepted the request to withdraw on May 18, 2005.
Requestor: Steve Stagner
Open Date: December 15, 2004
Summary: Pursuant to Section 1001.601, Occupations Code, the Texas Council of Engineering Companies requests that the Board issue an advisory opinion analyzing the engineering elements of and the engineering supervision required for environmental document preparation, particularly in relation to transportation projects.
12 – Professional Design of Indoor Antenna Systems
Closed by Policy Advisory Opinion Committee on February 23, 2006.
Requestor: John Hollister
Open Date: 02/03/05 (Accepted by Policy Advisory Opinion Committee on August 10, 2005)
Summary: To what extent is professional engineering involved in the design and installation of indoor antenna systems used for enhanced wireless communication in buildings and other structures.
To what extent is professional engineering involved in the design and installation of indoor antenna systems used for enhanced wireless communication in buildings and other structures.
Response Letter*
*This letter was sent to building officials of major
13 – Specified Power Poles for Manufacture
Closed by Policy Advisory Committee on August 10, 2005.
Requestor: David Turner, P.E. (#57620)
Open Date: Open Date: 04/28/05
Summary: Are custom-designed or specified steel & pre-stressed concrete poles for utilities (public & investor owned) required to be designed by a licensed engineer?
14 – PE Requirements for Telecomm/Datacomm Design
Closed by Policy Advisory Committee on August 10, 2005.
Requestor: Bernard F. Bareis, P.E.
Open Date: 05/18/05
Summary: Determine requirements for involvement of a Professional Engineer in electrical and/or software design for telecommunications and/or data communications equipment, switches, routers, systems, subsystems, software, hardware, or similar components whereby the public is affected by deployment thereof.
15 – Use of Current Regulations in Design
Requestor: David Venhuizen
Open Date: December 8, 2005
Summary: The Board is requested to rule on whether the rules of conduct require a Licensed Professional Engineer to execute his/her practice in accordance with all current rules, unless explicitly waived or varied by the implementing agent through the processes established for doing so, in cases where legislative action has resulted in the activities of non-licensed persons being exempt from having to conform to certain rules. Response Letter
16 – PE's Engineering Areas of Competence
Closed by Policy Advisory Opinion Committee on March 7, 2006.
Requestor: Rankin A. Curtis, Jr., P.E.
Open Date: November 28, 2005
Summary: Should an engineer be limited to practice only in the field that he/she is examined?
17 – Forensic Engineering
Closed by Policy Advisory Opinion Committee on February 23, 2006.
Requestor: Anonymous
Open Date: January 3, 2006
Summary: Can only Texas licensed professional engineers prepare exhibits or reports for Texas Courts?
18 – Sealing Records Drawings
Approved and Closed by the Policy Advisory Opinion Committee on February 7, 2007.
Requestor: Board/Staff Initiated
Open Date: February 23, 2006
Summary: Staff initiated request based on frequent inquiries regarding sealing of record (as-built) drawings. City officials often request that these drawings be sealed by a professional engineer. Historically TBPE has not considered records drawings to be engineering.
Policy Advisory - Approved by the Texas Board of Professional Engineers on February 8, 2007.
19 – Commissioning of Engineered Systems (Buildings)
Closed by the Policy Advisory Opinion Committee on February 7, 2007.
Requestor: Cameron Labunski, P.E.
Open Date: February 9, 2006
Summary: The request asked that the statute be changed to include "commissioning." The inquiry suggests that the commissioning of engineered systems is the practice of engineering and requested that the Board initiate an advisory opinion process.
20 – Engineer Required for Building
Closed by Policy Advisory Opinion Committee on August 9, 2006
Requestor: R. Carson Fisk
Open Date: April 5, 2006
Summary: Is an engineer required to prepare the designs of a building 5,000 square feet or larger and what parts must be designed by an engineer if an engineer is required?
21 – Manufactured Buildings
Closed by Policy Advisory Opinion Committee on August 9, 2006
Modified by the Board on August 16, 2012. Please see new response letter.
Requestor: Tonya Palmer
Open Date: 05/23/06
Summary: To determine if manufactured buildings are a "product" and allow gov. entities to accept a sealed certification letter for permitting or whether plans that are sealed by a licensed professional engineer are required.
22 – Conflict of Interest
Closed by Policy Advisory Opinion Committee on May 9, 2007
Requestor: Staff Initiated
Open Date: February 7, 2007
Summary: Board will issue guidance on the notifications procedure for conflict of interest situations.
Response Letter
23 – Engineering Aspects of Facilities Assessment
Approved and Closed by the Policy Advisory Opinion Committee on August 20, 2009.
Requestor: Peyton McKnight
Open Date: August 8, 2008
Summary: Determine the engineering aspects of assessing existing structures, buildings and facilities.
Policy Advisory - Approved by the Texas Board of Professional Engineers on August 20, 2009.
24 – Procurement of Engineering Services for Public Projects
Approved and Closed by the Policy Advisory Opinion Committee on August 20, 2009.
Requestor: Matthew C. Ryan
Open Date: February 3, 2009
Summary: The Board's interpretation of our rules regarding the PSPA as it applies to specific contractor requested professional engineering services such as: trench safety plans, traffic plans and temporary foundations.
Policy Advisory - Approved by the Texas Board of Professional Engineers on August 20, 2009.
25 – Corrosion Protection Systems for Water Pipelines
Approved and Closed by the Policy Advisory Opinion Committee on February 25, 2010
Requestor: Jeffrey L. Mattson
Open Date: 03/17/09
Summary: Do TCEQ regulations regarding corrosion control systems on gas & petroleum pipelines apply to water pipelines?
Policy Advisory – Approved by the Texas Texas Board of Professional Engineers on February 25, 2010.
26 – Structural Integrity & Building Codes
Closed by Policy Advisory Opinion Committee on August 20, 2009
Requestor: Lester Germanio, P.E.
Open Date: 07/02/09
Summary: When is a structure unsafe according to local building codes?
27 – Engineering aspects of preparation of EPA Stormwater Pollution Prevention Plans (SWPPP)
Verbally withdrawn by the requestor and the Policy Advisory Committee accepted the request to withdraw on November 19, 2009.
Requestor: Peyton McKnight
Open Date: 07/16/09
Summary: Determine which aspects of the preparation of SWPPP require the services of P.E.'s
28 – Preliminary Documents
Closed by Policy Advisory Opinion Committee on November 19, 2009.
Requestor: John Turpin
Open Date: 09/28/09
Summary: Define when a document is preliminary as defined by the Texas Engineering Practice Act.
29 – Engineering Aspects of Gas Turbine Acceptance Testing
Approved and Closed by the Policy Advisory Opinion Committee on February 25, 2010
Requestor: Eugene R. Reinhart, P.E.
Open Date: 12-3-09
Summary: Are licensed engineers required to perform acceptance testing on gas turbine engines when compliance to ASME PTC 22 is a requirement?
Policy Advisory - Approved by the Texas Texas Board of Professional Engineers on February 25, 2010.
30 – Real Estate Inspection Reports and Engineering
Closed by Policy Advisory Committee on February 25, 2010
Requestor: Gary R Maze
Open Date: 12/21/09
Summary: Are certain statements made in a real estate inspection report the practice of engineering.
31 – Designated Engineering Representatives
The Board accepted Texas Attorney General Opinion No. GA-0955 on August 16, 2012
Requestor: John Siemens
Open Date: 10/24/11
Designated engineering representatives provide engineering services to aviation clients. Are they required to be licensed?
Texas Attorney General Opinion GA-0955
32 – Texas Engineering Practice Act Board Rules and Staff Procedures
Approved and Closed by the Policy Advisory Opinion Committee on February 15, 2012
Requestor: Carol Hemphill
Open Date: 12/06/11
Can staff deviate from the Texas Engineering Practice Act or Board Rules?
Response Letter
33 – Direct Supervision and Engineering Discipline related to court testimony
Approved and Closed by the Policy Advisory Opinion Committee on May 24, 2012
Requestor: Anonymous
Open Date: 03/16/12
Summary: Can an engineer not licensed in a discipline supervise a subordinate that has a college degree in that discipline? Firm identification requirements related to court testimony.
34 – Industry Exemption
Approved and Closed by the Policy Advisory Opinion Committee on May 21, 2014
Requestor: Shawn Bodine
Open Date: 02/14/13
Summary: Issue a Policy Advisory regarding the Industry Exemption as it applies to consultants providing services for clients operating under the industry exemption.
35 – Oil Well Production Casing String Design
Closed by Policy Advisory Opinion Committee on May 23, 2013
Requestor: James H. Nye
Open Date: 03/23/13
Summary: Is a Texas licensed PE required to design the production casing for an oil well?
36 – Construction Management
Approved and Closed by the Policy Advisory Opinion Committee on May 21, 2014
Requestor: Steve Stagner
Open Date: 09/14/13
Summary: What engineering tasks are associated with construction management?
37 – Interpretation of Utility and Telephone Company Exemptions
Approved and Closed by the Policy Advisory Opinion Committee on February 12, 2015; Policy Advisory Opinion Committee voted to accept the request for reconsideration of PAO 37 on April 14, 2015.
Revoked by the Board May 5, 2015.
Requestor: Staff Initiated
Open Date: 02/13/14
Summary: Are utility and telephone companies exempt from providing engineered plans for construction in cities and other governmental entities?
38 – Direct Supervision of Engineering Performed in Overseas Offices
Approved and Closed by the Policy Advisory Opinion Committee on November 20, 2014
Requestor: Anonymous
Open Date: 09/27/14
Summary: What part of engineering work can be performed at overseas branch offices that are directly supervised by Texas office professional engineer(s)? Does significant time zone differences impact that capability. Is that work limited in anyway; such as reports, specifications, details, calculations, estimates, engineering plans/drawings/models etc. Is "reasonable geographic vicinity to the locating the work" limited in any manner.
39 – On-Farm Energy Audits
Approved and Closed by the Policy Advisory Opinion Committee on February 11, 2016.
Requestor: Staff Initiated
Open Date: 01/16/2015
USDA-NRCS reviews On-Farm Energy Audits per American National Standard ANSI/ASABE S612 and requires that they be performed by a Certified Energy Manager (CEM) or a licensed Professional Engineer. Does Texas require that they be a Texas Licensed P.E.?
40 – Extent of Jurisdiction outside Texas
Closed by Policy Advisory Opinion Committee May 26, 2016.
Requestor: Marc S. Young, P.E.
Open Date: 02/11/2016
Summary: Please provide a policy opinion on what basis in both statutory law, regulatory law or case law limits the Board's "Specific" or "General" jurisdiction to a "practice of engineering" only on projects within The State of Texas and excludes engineering done in the State for projects not in the State.
41 – Firm Registration
Closed by Policy Advisory Opinion Committee February 16, 2017.
Requestor: Anonymous
Open Date: 10/17/2016
Summary: Clarify the requirements for utilizing other resources of a parent company from other international locations.
42 – Street Maintenance
Closed by Policy Advisory Opinion Committee-Requestor Retracted PAO May 12, 2017
Requestor: Chad Carter
Open Date: 03/22/2017
Summary: Clarify when an Engineer is required for maintenance on City Roads and Projects. Clarify when a City property is exempt from the Texas Engineering Practice Act and Board Rules.
PAO Request Withdrawn by Requestor
43 – TREC Inspector Providing an Opinion
Approved and Closed by Policy Advisory Opinion Committee on November 16, 2017
Requestor: John Turner
Open Date: 06/07/2017
Summary: Are licensed real estate inspectors following the Texas Real Estate Commission (TREC) Standards of Practice (SOPs) performing the work of Professional Engineers when "rendering an opinion as to the performance of the foundation"?
44 – Foundation Repair Methods
Closed by Policy Advisory Opinion Committee on January 23, 2018
Requestor: James R. Drebelbis, AIA, PE, NAFE
Open Date: 09/15/17
Summary: Request for Policy Advisory Opinion regarding residential foundation repair methods.
45 – Electronic Signature
Closed by Policy Advisory Opinion Committee on January 23, 2018
Requestor: John C. Ringler
Open Date: 09/02/2017
Summary: Request for Policy Advisor Opinion regarding preliminary electronic documents and seals.
46 – Petrochemical Plant Design Documents
What documents should be sealed by a Professional Engineer in the Petrochemical facilities.
Requestor: Anonymous
Open Date: 05/25/2018
Summary: In the Engineering and Design of Petrochemical facilities, there are several drawings, specifications and documents that contribute to the design of piping systems. Many are produced by the Piping Engineers and designers, however, some are created by the Process Engineers.
Which documents are required to be signed by a Professional Engineer in the Petrochemical Facilities?
Which rule of the Texas Engineering Practice Act address this issue?
Request
Response Letter
Previous Response EAOR34
47 – Texas PE Sealing Requirements for Offshore and Gas Facilities
Closed by Policy Advisory Opinion Committee on 08/23/18
Requestor: Anonymous
Open Date: 06/29/18
Summary: Formal Response to request for Policy Advisory Request Regarding signing and sealing documents related to the design of offshore oil and gas facilities to be installed in federal waters.
48 – Licensing Requirements for Contractors and Subcontractors
Closed by Policy Advisory Opinion Committee on 2/14/19
Requestor: Steve Davidow, P.E.
Open Date: 07/30/18
Summary: Clarification of when a contractor must be able to offer engineering services to a private sector client.
49 - Unpaid Services Rendered/Making a Design Null and Void
Requestor: Curtis Cassidy, P.E., CFM
Open Date: 02/13/2019
Summary: A determination of a municipality's obligation to ensure that a design professional has been paid by a property owner prior to the municipality approving the plans for construction or permitting construction utilizing said design.
50 - Sealing Procedures for Digital Models
Requestor: Guillermo Guerrero, P.E. with Burns & McDonnell
Open Date: November 18, 2020
Summary: The Board recognizes that technology evolves quickly and as a result, the method of transmitting engineering designs is also evolving. This Policy Advisory is intended to provide guidance to professional engineers that wish to transmit their work through electronic files. The Board will continue to monitor technological advances and will update this guidance as needed.
51 - Design and evaluation of residential foundations, specifically, slab-on-ground foundations
Requestor: Lawrence F. Peeler, P.E.
Open Date: 03/21/2019
Summary: Question about engineering design and evaluation of residential foundations in the North Central Texas areas.
52 - Waiver of sealing Requirements for a Petrochemical building a facility in Texas
Requestor: Anonymous
Open Date: 08/02/2019
Summary: Can the owner of a petrochemical company building a facility in Texas waive the sealing requirement for engineering documents, prepared by an engineering company, to be used to build that facility?
53 - Exemptions for Telephone Companies
Requestor: David Magaña, P.E.
Open Date: November 18, 2020
Summary: Do the operations of telephone companies who are Certified Telecommunications Providers (CTPs) that are installing fiber optic lines qualify for the exemptions for Public Works or Telephone Companies found in the Texas Engineering Practice Act (Act)?
54 - Sealing Requirements for Pressure Vessels
Requestor: Anonymous
Open Date: January 18, 2020
Summary: Is an engineer’s seal and signature needed on design drawings and calculations for pressure vessels?
55 - The Extent of the Utilities Exemption in the Texas Engineering Practice Act
Requestor: Jose Castellanos
Open Date: September 16, 2020
Summary: Does the exemption for Employees of Certain Utilities or Affiliates contained in the TexasEngineering Practice Act preclude a utility company from having to sign and seal engineeringplans if sealed plans are requested by a public transportation agency?
56 - Predominant Use Studies Regarding the Use of Natural Gas or Electricity by a Business Entity
Requestor: Anonymous
Open Date: September 16, 2020
Summary: Who is Eligible to Complete a Predominant Use Study Regarding the Use of Natural Gas or Electricity by a Business Entity?
57 - Sealed Engineering Documents
Requestor: Dale Matthews
Open Date:
Summary:
Should sealed engineering documents be resealed prior to submittal and Is a governmental agency allowed to accept unsealed plan revisions?
58 - Out of State Engineers Participating in Texas Court Cases
Requestor: Rob Ammons
Open Date: June 14, 2021
Summary: Guidance on if out-of-state professional engineers not licensed in Texas need to add the disclaimer “(Not Licensed in Texas)” when identifying themselves for the purpose of serving as an expert witness or providing expert reports for Texas court cases.
59 - Third-Party Plan Reviewers Working for a City
Requestor: Xavier Chapa, P.E., R.P.L.S.
Open Date: August 1, 2022
Summary: Do third-party plan reviewers working on behalf of a city have to be professional engineers to review plans prepared by a professional engineer and do they have to justify their review comments or conditions?
60 - Reliance on Third-Party Pictures or Videos to Form an Engineering Opinion
Requestor: Michael Skoller, P.E.
Open Date: August 26, 2022
Summary: Can an engineer rely on pictures or videos from a third-party to form engineering opinions?
Response Letter
61 – Request Withdrawn By Requestor Prior to Board Consideration
Request withdrawn.
62 – Mechanical Equipment Procurement, Repair, and Replacement
Requestor: Paul Zappi, P.E.
Open Date: November 22, 2022
Summary: Is the procurement, repair, and replacement of mechanical equipment considered the practice of engineering?
Response Letter
63 – Signing and Sealing Tests That Private Associations Require Certification to Issue
Requestor: Ryan Edwards, P.E.
Open Date: December 21, 2022
Summary: Can an engineer sign and seal test results that a private association requires certification to issue without holding said certification?
Response Letter
64 – Using Engineering Work in Marketing Materials
Requestor: Jay Martin, P.E.
Open Date: July 21, 2023
Summary: Can an engineer use work completed for a previous employer in marketing materials for his or her current employer?
Response Letter
65 – Use of the Term “Network Engineer” in Job Titles for Local Government Job Titles in Texas
Requestor: Anjanie Ramnarine
Open Date: November 3, 2023
Summary: Can a local government use job title containing “engineer” for employees that are not professional engineers?
Response Letter
66 – Design of Lighting Systems and Controls
Requestor: Charles Culbertson, P.E.
Open Date: November 6, 2023
Summary: When is a professional engineer needed for projects involving the design of lighting systems and controls?
Response Letter
67 - The Ethical Expectation of Engineers to Share Concerns About A Project
Requestor: Ann Colina, P.E.
Open Date: April 2, 2024
Summary: Can a professional engineer be subject to disciplinary action if he or she has concerns about a project,
doesn't have ultimate decision-making authority, and the project still moves forward?
Response Letter
68 - The Expectation on an Engineer Engaging in Peer Reviews
Requestor: Mark Goodson, P.E.
Open Date: May 21, 2024
Summary: Can an engineer, acting in a supervisory role, make edits to another engineer's report when
reviewing it as part of the peer review process?
Response Letter
69 - Definition of "Specification" as Found in Section 1001.401 of the Texas Engineering Practice Act
Requestor: Joshua Crawford, P.E.
Open Date: June 17, 2024
Summary: What constitutes a "specification" as the term is used in Section 1001.401 of the Texas Engineering Practice Act?
Response Letter
70 - The Ability of Engineers to Contractually Limit Their Liability
Requestor: Anonymous
Open Date: July 24, 2024
Summary: Can professional engineers limit their liability on a project in a services contract?
Response Letter
71 - The Use of Artificial Intelligence (AI) Software By Licensees
Requestor: Board-Initiated
Open Date: November 1, 2024
Summary: Guidance on the Use of AI Software By Licensees.
Response Letter
Public Comment
Public and professional comment is welcome. Please include the EAOR number on the envelope and on the letter or documents. Please send public comment to:
Texas Board of Professional Engineers and Land Surveyors
Policy Advisory Division
1917 S. Interstate 35
Austin, TX 78741
Fax Number: (512) 442-1414, Attention: Policy Advisory Division
Email: pao@pels.texas.gov
Engineering Advisory Opinion References
The Board is seeking experienced engineers to serve as references for policy advisory opinions on an as-needed basis. (More Information)
Existing Policy Advisory Opinions
10-95-A: Petroleum Storage Tank Sites
Discussions took place between the Texas Natural Resource Conservation Commission and the Texas Board of Professional Engineers during the summer of 1995 to develop a common understanding of the definition of engineering. The need for clarification arose because of confusion concerning the roles the scientific and engineering professionals have on corrective action for the leaking petroleum storage tank sites.
11-95-C: Continuing Professional Competency (CPC)
CPC was a voluntary professional development program that was implemented by the Board for a six-year period. The voluntary CPC ended June 1, 2001.
06-96-A: Materials Testing and Analysis
Board Action Date: 06-13-01
The scope of this advisory is to identify engineering and related services in geotechnical and material testing for civil engineering type projects, including road construction and repair.
The Texas Board of Professional Engineers voted to remove this Policy Advisory on August 11, 2005, since all issues are covered in a more recent policy advisory. For the latest information regarding this subject refer to Policy Advisory Opinion on Construction Materials Engineering (EAOR # 7).
09-98-A: Regarding Design, Evaluation and Repair of Residential Foundations
Documentation related to Residential Foundations can be found at the Texas ASCE website.
06-99-A: Construction Materials Engineering
This Policy Advisory reflects the Board's formal position relative to the definition of engineering services, and the procurement of these services, in the specialty area of Construction Materials Engineering. All prospective purchasers of these services for Public Entities should be aware of this Policy Advisory.
This Policy Advisory has been replaced by Construction Materials Engineering (EAOR#7), approved by the Texas Board of Professional Engineers on August 20, 2009.
The Design And Layout Of Fire Sprinkler Systems And Fire Alarm Systems
The policy advisories below replace the previously suspended policy advisory: "The Design and Layout of Fire Sprinkler Systems and Fire Alarm Systems" - Board Action Date: June 13, 2001.
04-04-FA: Planning of Fire Alarm Systems - Board Action Date: April 22, 2004
To clarify the extent to which the planning of fire detection devices and fire alarm systems is considered the practice of engineering.
04-04-FS: Planning of Fire Sprinkler Systems - Board Action Date: April 22, 2004
To clarify the extent to which the planning of fire sprinkler systems is considered the practice of engineering. This policy advisory and "Planning of Fire Alarm Systems" replace suspended policy advisory "The Design and Layout of Fire Sprinkler Systems and Fire Alarm Systems - Board Action Date: June 13, 2001.
Licensure for Part-time or Non Doctoral Degree Instructors
The Texas Board of Professional Engineers issued a policy statement during the March 15, 2001 board meeting to encourage and facilitate the licensure of engineering educators. The following are the minimum qualifications as set forth in the policy statement:
The Board recognizes that not all instructors have doctoral degrees, especially those teaching part-time or newer subjects such as software engineering. The Texas Engineering Practice Act contains provisions for those that do not have doctoral degrees to be able to request waiver of the examination requirements. Those faculty who have an ABET accredited undergraduate degree and/or Master's degree in engineering but do not have doctoral degree a may request waiver of examination requirements with 12 years of experience. Those faculty having undergraduate or Master's degrees that are from non-ABET accredited engineering curriculums or related science curriculums must have 16 years of experience to request waiver of the examination requirements. For part-time faculty, the Board believes that an application must include the Supplementary Experience Records to give a complete overview of qualifications. In this case, the applicant should note on the application that they do instruct engineering courses and give a description of the courses.
For more information regarding this program or to be notified as the program progresses, email our agency at: info@engineers.texas.gov