Proposed Board Rules

Request for Comment:
Draft Response Regarding the Extent of the Utilities Exemption in the Texas Engineering Practice Act

Policy Advisory Request No. 55

Does the exemption for Employees of Certain Utilities or Affiliates contained in the Texas Engineering Practice Act preclude a utility company from having to sign and seal engineering plans if sealed plans are requested by a public transportation agency?

Texas Register Issue

Any comments on this draft should be submitted to the Board no later than April 19, 2021, via U.S. Mail to Texas Board of Professional Engineers and Land Surveyors, Attn: Michael Sims; 1917 S Interstate 35; Austin, Texas 78741 or via e-mail to pao@pels.texas.gov

Request for Comment:
Draft Response Regarding Who is Eligible to Complete a Predominant Use Study Regarding the Use of Natural Gas or Electricity by a Business Entity

The requestor seeks guidance on the following issues:

1. Are non-licensed engineering graduates from accredited colleges able to legally perform Predominant Use Studies for their employers as indicated in the Texas Comptroller of Public Accounts Rule §3.295?

2. Are non-licensed engineering graduates from accredited colleges precluded by the Texas Engineering Practice Act from performing Predominant Use Studies for firms they are not employed by?

3. Is an engineer performing, or offering to perform, a Predominant Use Study for a company the engineer is not employed by performing, or offering to perform, engineering services for the public?

4. Can a company offer to perform Predominant Use Studies if it is not a registered engineering firm and does not employ at least one-full time engineer?

5. Is it precluded by the Texas Engineering Practice Act, or at least misleading, for an engineer to stamp a Predominant Use Study that says it was performed by a company that is not a registered engineering firm, even if the engineer's registered engineering firm actually performed the work?

Texas Register Issue