.
E RNEY GENE
0FTEXAS
May 25, 1966
Honorable Thomas C. Omen Opinion No. c-691
Texas State Board of Registration
for Professional Engineers Re: Whether the use of
Austin, .Texas certain engineering
titles and similar
engineering deslgna-
tions by persons not
licensed to practice
engineering In Texas,
violates the Texas En-
Dear Colonel Green: glneering Practice Act.
In your letter seeking an official opinion from this
office, you have set forth that:
'Since August 30, 1965, when the Texas
Engineering Practice Act went into effect, it
has come to the attention of the Board that
unlicensed persons as employees of business
firms are calling themselves 'sales engineers,'
'moving engineers,' 'safety engineers,' 'tax
engineers, ’ and other similar engineering titles.
These titles are being used on stationery, build-
ing directorlea, telephone directories, business
cards, advertIsementsWand other means of communi-
cation to the public.
In connection with the foregoing statement, you have
requested the opinion of this office upon the question of:
.whether~or not We of the engineer-
ing titles and terms stated above and other
similar engineering designations by persons
not licensed to practice in Texas constitutes
violation of the Texas Engineering Practice Act."
Section 1.1 of Article 3271a, Vernon's Civil Statutes,
the Texas Englneerlng Practice Act, provides in part that:
..
Hon. Thomas C. tIreen, page 2 (c-691)
,t .ln order that the state and members
of the’tibllc may be able to identify those duly
authorlzed to practice engineering In this state
. . .onlr licensed and renistered vereone shall
practice; offer or attempq to practice englneer-
lng or call themselves or be otherwise designated
as any kind of an ‘engineer’ or In any manner make
use of the term ‘engineer’ as a professional,
business or commercial ldentlficatlon,..tltle,name.,
representation, claim or asset. . . :. (51phaeie
add40 1
Se&Ion 1.2 of Article 3271a provldee in part that:
‘j
%om and after the effective date of this
Act, unless duly llcenred and registered In ac-
cordance with the provisions of this Act, no per-
eon in this state shall:
I,
. . .
“(2) Directly or indirectly, .employ. use,
cause to be used or We use of any of the follow-
in terms or any combi,natione,variations ,orab-
lji4Fmr one th4reof 88 a;profeeeional, business or
commercial ldentlflcatlon, title, name, representa-
tlon, claim, asset or means of advantage or benefit:
~profeeelonal engineer, ’ ‘licensed en-
;y*: registered
n engineer,’ ‘registered profee-
elonal engineer,’ ‘llcenred prof’eesalo~l engineer,’
‘engineered J ’
“(3) Directly or Indirectly, employ, We,
caus$ to be used or make u8e of any letter, ab-
breviation, word, symbol, slogan, sign or any
combinations or variations thereof, which ln any
manner whatsoever tend8 or 3.0 likely to cnate
any impression with the public or any mmber
thereof that any person 1s qualified W authorized
to practice engineering unless such person la duly
licensed, reglatered under and praotlcing,,ln ac-
cordance with the provisions of thir Act.
(Bmphaeie added)
\
Section 20 of Article 327la provides th&k?ertaln
p4r*om84hall be ex8mptfrom the provisions of the TexaB En-
glnnrln( Praotlce Act, but,euch examptlon carrleo with it the
proviso that ouch persons:
-3333-
. ,.
Hon. Thomas C. Oreen, page 3 (C-691)
I
.are not represented or held out to
the public as duly licensed and registered by
the Board tflengage in the practice of engineer-
ing. . . .
Also, In Subsections (g), (h), and (1) of Sect&m 20 of Article
3271a is found the language that:
"
*This exemption includes the use of
job titles and personnel classifications by
such persons not In connection with any offer
of engineering services to the public, provid-
ing that no name, title, or words are used which
tend to convey the Impression that an unlicensed
person $5 offering engineering services to the
public.
In construing the above provisions, It would be im-
portant to note certain language found In Section 1.1 of'Article
3271a which provides that:
"In recognition of the vital impact which
the rapid advance of knowledge of the mathematical,
physical and engineering sciences as applied in
the practice of engineering is having upon the
lives, property, economy and security of our
people and the national defense, it is the Intent
of the Legislature, in order to protect the public
health, safety and welfare, that the privilege of
practicing engineering be entrusted only to those
persons duly licensed, registered and practicing
under the provisions of this Act and that there
be strict compliance with and enforcement of all
the provisions of this Act D . .and all the pro-
visions of this Act shall be liberally construed
and applied to carry out such legislative intent.
. . .
In view of the foregoing provisions of Article 327la
of the Texas Engineering Practice Act, we are of the opinion that
It is a violation of Article 3271a for an Individual, not licensed
or registered by the Texas State Board of Registration for Pro-
fessional Engineers to practice engineering in the State of Texas,
to use, in connection with his name, such designations as "sales
engineer", 'moving engineer," "safety engineer," 'tax engineer"
or other similar designations making use of the word “engineer,”
or some derivative thereof, when used on stationery, building
directories, telephone directories, business cards, advertisements
or other means of communication to the public.
-3324-
Hon. Thomas C. Green, page 4 (c-691)
SUMMARY
The use by an individual, in connection withy
his name, of such designations as 'sales engineer,"
"moving engineer," "safety engineer,' "tax engineer,"
or other similar designations making use of the~word
"engineer," or some derivative thereof, is a vlola-
tion of Article 3271a, Vernon's Civil Statutes, when
used on stationery, building directories, telephone
directories, business cards, advertisements or other
means of communication to the public, unless such
individual has first been licensed or registered to
practice engineering In the State of Texas by the
Texas State Board of Registration for Professional
Rnglneers.
Very truly your8,
PB:mkh
APPROVED:
OPINXCN CONNITTEH
W. V. CIappert,Chairman
John Ranks
Wax4.0Oblrdo
John Reevea
J. C. Davie
APPROV8DNORTNNATl'ORNNY QNNNRAL
B??: T. 8. Uright
-3325-