Hon. Dan W. Jackson Opinion No. O-2418
Criminal District Rer Interpretation of Article
Attorney 32718 Vernon’s Annotated Civil
Houston, Texas Statutes, relating to the prac-
tice of professional englneer-
Attentlont Mr. Palmer lng .
Hutcheson, Jr.
Dear Sir:
This will acknowledge receipt of your letter of May
27,lw, requesting the opinion of this department lnterpret-
lng Article 3271A, Vernon’s Annotated Civil Statutes, relating
to the practice of professional englneerlng. Your questions
are as follows:
“Bearing In mind the definition of professional
engineering as given In Sect Ion 2 of Article 32718,
and the penal provision ln Section 23, would an archl-
tect be liable, under the penal provision, If he
builds a store, an office building or a public bulld-
lng with plumbing and lighting and provision for the
usual utllltles, without hiring the services of a
professional engineer?
8,. . .
would a sales and service representative (not
a registered engineer) of an air conditioning equlp-
ment company be guilty, under Section 23 of Article
32718, If he Installed an air conditioning system in
a hospital without employing a registered engineer?
1’. . .
“The third question arises from the practice,
which is especially prevalent where large office
buildings are concerned, of having plans prepared out
of the State, with or without the advice of profes-
sional engineers in other states, none of whom are
registered In Texas, and sent into the state and used
In construction of these buildings without the seal
or approval of any engineer registered under the laws
of the State of Texas. In this situation, 1s it the
opinion of your honorable offlce that the penal pro-
Hon. Dan W. Jackson, page 2 (O-2418)
to any of the persons engaged ln the constructlon of
such a building In Texas?”
In answer to your first question we call, your atten-
tion to Section 11 of Article 249a, VernonIs hnnotated Civil
Statutes, creating the Board of Architectural Zxamlners and regu-
Iatlng the practice of architecture. This section reads as fol-
lowsr
*Inny person, or firm, who for a fee or other
direct compensation therefor, shall engage In the
planning, or designing, or supervising the construc-
tion of buildings to be erected or altered In this
State, by or for other persons than themselves, as
a profession or business, and shall represent or
advertise themselves as architects, architectural
designers, or other titI,e of profession or business
using some form cf the word ‘architect,’ shall be
considered as practicing the profession of architec-
ture ln this State, and shall be required to comply
with the provisions of this &t; and no person or
firm shall engage In or conduct the practice of
architecture as aforesaid ln this State unless a reg-
istration certificate or certificates therefor have
been duly Issued to such person or the members of such
partnership shall engage In, or conduct, the practice
of architecture as aforesaid within this State except
by and through persons to whom registration certlfl-
cates have been duly Issued, and which certificates
are In full effect; but nothing In thls Act shall pre-
vent draftsmen, students, clerks or works, superln-
t endent s, or other employees or assistants of those
legally practicing architecture under registration
certq’ i’ates
“A.-r- as herein provided for, from acting un-
der the Instruction, control, or supervision of such
registered architects.
“Nothing ln this Act shall preve~nt qualified pro-
fessional engineers from planning and supervising work,
such as railroads, hydro-electric work, Industrial
plants, or other construction primarily intended for
engineering use of structures incidental thereto, nor
prevent said engFneers from planning, deSignIt%, or
supervising the structural features of any bulldlng,
but such engineers shall not employ the title ‘archi-
tect’ In any way, nor represent themselves as such, nor
shall any engineer practice the profession of archltec-
ture as defined herein, unless he or she be registered
as an architect under the provisions of this Act.
Hon. Dan W. Jackson, page 3 (o-2418)
An architect building or supervlslng the construction
of a “store, an office building or a public building with plumb-
ing and lighting and provision for the usual utilitles’1 falls
squarely within the regulatory provisions of Article 249a, Ver-
non’s Annotated Civil Statutes, and Is not required to comply
with Article 32718, Vernon’s Annotated Civil Statutes, regulat-
ing the practice of professional engineering. Nor Is such archl-
tect required to employ the services of a professional engineer.
This for the reason that the act regulating the practice of pro-
fessional engineering 1s aimed at those l~supervIslng~’ engineering
work, “In responsible charge of such work*‘, or those holding
themselves out as a professional engineer by offering their serv-
ices for consultation, or by preparing plans, estimates and
evaluations. “The mere execution, as a contractor, or work de-
signed by a professional engineer, or the supervision of the
construction of such work as foreman or superintendent” is not
enga lng ln the practice of professional engineering. Sect Ion
12(ff Article 32718. See also State Board of Examiners Etc.,
vs. Siandara Engineering Company (S.Ct. Term.), 7 S.W. (2j 47,
holding that plumbers are not englneers under the provisions of
a slmllar statute.
The only prohibition In Section 23 of Article 32714,
Vernon’s Annotated Civil Statutes, Is against one practicing
or offering to practice the profession of engineering without
being registered or exempted in accordance with the terms of the
Act, using the registration of another or giving false or forged
evidence to the Board of Registration for Professional Engineers.
Wile the Act (Art. 32718, Vernon’s Winnotated Civil
Statutes) requires an architect to hire no one, we do call your
attention to Section 19 which requires the State, its political
subdivisions, and any county, city, or town to employ a regis-
tered professional engineer when It engages in the construction
of public works under certain circumstances. This section reads
as follows:
“After the first day of January, 1933, it shall
be unltiiful for this State, or for any of its politi-
cal subdivisions, for any county, city, or town, to en-
gage In the construction of any public work involving
professional engineering, where public health, public
welfare or public safety is involved, unless the engl-
neerlng plans and specifications and estimates have
been prepared by, and the engineering construction Is
to be executed under the direct supervision of a reg-
istered professional engineer; provided, that nothing
in this Act shall be held to apply to any public work
wherein the contemplated expenditure for the completed
project does not exceed Three Thousand ($3,000.00)
Dollars. Provided, that thls Act shall not apply to
Hon. Dan W. Jackson, page 4 (O-241b)
any road maintenance or betterment work undertaken by
the County Commlssloners~ Court .‘I
It Is therefore the oplnlon of this department, in
answer to your first question that an architect duly registered
under the provisions of Article 249a Vernon’s Annotated Civil
Statutes ~111 not be amenable to SecUntitled Texas Attorney General Opinion
Combined Opinion