Texas Board of Professional Engineers

Texas Board of 

Professional Engineers 

Professional Practice 

Update / Ethics & 

Professionalism 

February, 2011 

David Howell, P.E. 

Director of Licensing 

Texas Board of Professional Engineers 

2010 - 2011

Agenda 

• What’s New at the Board 

• Rule Changes/Reminders 

• Compliance and Enforcement 

Stats 

• Enforcement Examples 

2/25/2011 Texas Board of Professional Engineers 

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2010 - 2011

Board Organization & 

Responsibilities 

• 9 members appointed by the governor; 6 PEs, 3 

public members 

• Approve rules 

• Approve issuance of licenses and firm 

registrations, and testing 

• Approve compliance actions 

• Provide direction and oversight to Board staff 

through the Executive Director 


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2010 - 2011



Chairman 

July, 2008 

G. Kemble Bennett, 

Ph.D., P.E. 

Vice Chancellor and Dean of 

Engineering, Texas A&M 


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2010 - 2011



New Board Members: 

• Carry Ann Baker, Attorney, Public 

Member - Amarillo (replacing Shannon 

McClendon) 

• Lamberto (Bobby) Balli, P.E. (Civil) at 

HNTB in Houston (replacing Jose 

Cardenas) 

• James (Jim) Greer, P.E. - Reappointed 


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2010 - 2011

Agency Organization & 


• Executive Director: 

Lance Kinney, P.E. 

• Review and process all licensing applications 

• Coordinate FE and PE Exams (~6900 / yr) 

• Investigate all enforcement cases (~800 / yr) 

• Administer Licenses for ~54,000 PE’s 

• Administer Registrations for 8,300 Firms 


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2010 - 2011

2009 Legislative session 

• HB 2649 passed 

– Exemptions of exemptions for windstorm 

certifications and slabs in high plasticity soil 

and required use of building code in rural areas 

– Fire engine drivers can use the term “engineer” 

– PEs don’t need other certifications 

• SDSI extension - 2013 


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2010 - 2011

2011 Legislative session 

• Started last month… 

– ? 

– 1400+ House Bills filed 

– 700+ Senate Bills filed 

• More to come… 


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2010 - 2011

New Board Rules - June 

• Exam duration 

– 8 Hour exams 

• Reference Statements 

– Electronic Submittal 

• International Temporary License 

– Clarifying intent of 3 year limit 

• Firm registration surrender 


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2010 - 2011

New Board Rules 

• November 

– Applications for Engineering Educators 

– Board Committees 

• February 

– Canadian Temp License 


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2010 - 2011

Adopted Board Rules 

• Since June, 2009: 

– Rulemaking Petitions 

– Temporary License Clarifications 

– Intent to work in Texas 

– Fees may not be waived 

– Delinquent CS or Student Loans 

– CEP documentation for reactivation 


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2010 - 2011


• Since June, 2009: 

– Nicknames on Seals 

– Ethics exam Passing score – 90 

– Application date 


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2010 - 2011


• Other Substantive Rule Changes: 

– PDH for K-12 or higher education outreach 

– NCEES Council Record for inter-state licensure 

– Waiver - Former Texas License Holder 

– Experience Before Degree - Limited to 2 years 

– Firm number and title block to be included on 

design work 


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2010 - 2011

Texas Engineering Practice 

Act 

• Exemptions 

– From licensure 

• What is “Public” 

• Public Works 

– From Professional Fee 

• Industry, Disability, Age, Inactive 

– From Continuing Education 

• Disability, Inactive 


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2010 - 2011

Board Rules 

• Engineer’s Seal and Signature 

– What to Seal 

• Texas seal for Texas work 

– Preliminary Documents 

– Electronic Seals and Signatures 


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2010 - 2011

Engineers & Architects 

• JAC and Sub-JAC Meetings 

• Building Design 

• Overlap of Professions 

• Conflict in Acts 

• TBPE -Engineers Can Design Buildings 

• Developing Processes to Handle Cases 


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2010 - 2011

More Board Updates 

• Video of Board Meetings on website 

• ECHO System 

– Online Transactions are FREE 

– Renewals (PE / Firm) 

– Personal Info Updates 


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2010 - 2011

Update on NCEES 

• Southern Zone elects Govind Nadkarni, P.E. (TX) as zone 

Vice President 

• Software Engineering PE exam 

• BS + 30 / MOE debate ongoing 

• Computer Based Testing Task Force 

• New 16 hr Structural PE Exam 

– April 2011 

– Engineering Society Task Force 


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2010 - 2011

2010 Exams 

• FE Exam 

– April 2010 

• 2,477 Takers – 62.9% Pass 

– October 2010 

• PE Exam 

• 2,082 Takers - 60.4% Pass 

– April 2010 

• 1,053 Takers – 55.7% Pass 

– October 2010 

• 1,327 Takers - 59.5% Pass 


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2010 - 2011

Computer Based Testing 

• Computer Based Testing Task Force 

– Lance Kinney, P.E. 

• Approved at National NCEES in August 

• Start with the FE and FS exams 

• Expected national implementation by 2013 


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2010 - 2011

History 

BS+30 

• Started with ASCE Position Statement 465 

– Evaluated Body of Knowledge 

– Bachelors degree used to be 150 hours 

– Do engineers of the future need more education 

beyond a bachelors degree? 

• 2008 Member Boards change start date to 

2020 


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2010 - 2011

Other BS+ 30 updates 

– BS+30 aka Masters or Equivalent 

– NCEES task force must assess why it’s needed and look at 

implementation issues 

– New approved alternative allows 150 hour BS programs 

to count 

– Also considering Structured Mentoring 


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2010 - 2011

Reminders 

• Continuing Education 

– Random Audits Ongoing 

– Keep Documentation for 3 years 

– Be prepared to substantiate your 15 hours 

– Activity Log is not enough 

– Enforcement Cases (up to $2,500+) 

– Over 65 is Not Exempt from CE 


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2010 - 2011

Reminders 

• Criminal Convictions 

– All New Licensees 

– Required to Report within 30 days 

– Board will Review Incidents 

• Severity 

• Recidivism 

• Relevant to Engineering 

• Other Factors 


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2010 - 2011

Reminders 

• Areas of Competency 

– PE can only practice in areas where 

competent 

– Branch listed on website 

– Listing does not restrict practice 

– Verify current listing 

– Education / Exam / Experience 


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2010 - 2011

Reminders 

• Professionalism 

• Professional Engineer 

• So - What is it? 


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2010 - 2011

Professionalism – 

NSPE Example 

– Engineers shall: 

• Hold paramount the safety, health, and welfare of the 

public. 

• Perform services only in areas of their competence. 

• Issue public statements only in an objective and 

truthful manner. 

• Act for each employer or client as faithful agents 

or trustees. 

• Avoid deceptive acts. 

• Conduct themselves honorably, responsibly, ethically, and 

lawfully so as to enhance the honor, reputation, and 

usefulness of the profession. 


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2010 - 2011


ASME Example 

– Engineers uphold and advance the integrity, honor and dignity 

of the engineering profession by: 

• Using their knowledge and skill for the enhancement of 

human welfare; 

• Being honest and impartial, and serving with 

fidelity their clients (including their employers) 

and the public; and 

• Striving to increase the competence and prestige of the 

engineering profession. 


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2010 - 2011


ASCE Example 

– Engineers uphold and advance the integrity, honor and dignity 

of the engineering profession by: 

• using their knowledge and skill for the enhancement of 

human welfare; 

• being honest and impartial and serving with 

fidelity the public, their employers and clients; 

• striving to increase the competence and prestige of the 

engineering profession; and 

• supporting the professional and technical societies of their 

disciplines. 


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2010 - 2011

Professionalism – TBPE 

– Chapter 137 Subchapter C – Professional Conduct 

and Ethics 

• §137.53 - Engineer Standards of Compliance with 

Professional Services Procurement Act 

• §137.55 - Engineers Shall Protect the Public 

• §137.57 - Engineers Shall be Objective and 

Truthful 

• §137.59 - Engineers’ Actions Shall Be Competent 

• §137.61 - Engineers Shall Maintain 

Confidentiality of Clients 

• §137.63 - Engineers’ Responsibility to the 

Profession 

• §137.65 - Action in Another Jurisdiction 

Texas Board of Professional Engineers 

2010 - 2011 

2/25/2011 30

Professionalism – TBPE 

– §137.57 - Engineers Shall be Objective and Truthful 

• Misleading, Fraud, Deceit 

• Conflict of Interest 

– 137.61 - Engineers Shall Maintain Confidentiality 

of Clients 

– §137.63 - Engineers’ Responsibility to the 

Profession 

• Faithful Agent for Employers or Clients 

• Actions of Others 

• Conduct Business in a Respectful Manner (billing, 

language, etc.) 

• Injure Professional Reputation of Others 

• Retaliation 


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2010 - 2011


• More than just Codes and Rules 

“It is one of the primary obligations of the Texas Board of 

Professional Engineers to assure that Texas engineers are held to 

the highest standards of competency, integrity, and honesty. 

Public safety depends upon that standard and consistently 

achieving in our profession requires faithful and unwavering 

practice of honesty and integrity in all aspects of our lives not only 

when we sit at our desk.” 


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2010 - 2011


• More than just Codes and Rules 

“Meticulous adherence to undeviating courtesy, 

honesty, and responsibility in one's dealings with 

customers and associates, plus a level of excellence 

that goes over and above the commercial 

considerations and legal requirements.” 

http://www.businessdictionary.com 


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2010 - 2011

C & E Statistics 

• FYs 2009-2010 

–1614 Cases Opened 

• Public, Internal, Anonymous 

–1641 Cases Closed 

• 1055 Voluntary Compliance (64%) 

• 94 Disciplinary Actions 

• 194 Dismissed / No Violation 


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2010 - 2011

C & E Statistics 

• Case Types 

• Cases against PE’s 

• Unlicensed Practice 

• Illegal Use of Title 

• Corporate Name 

• Firm Registration 


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2010 - 2011

Engineering Ethics 

Case 

Files 

CONFIDENTIAL 


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2010 - 2011

From the Case Files 

• Based on TBPE Enforcement 

Cases FY 2009 – FY 2010 

• All in Newsletter / on Website 

–Reprimands, Suspensions, 

Revocations, and Administrative 

Penalties are listed there 

• Focus on Ethical / Practice Issues 


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2010 - 2011


• Not So Good News: 

– Ethical Violations 

– Administrative Violations 

• What This Means: 

– Revisit Ethical Obligations 

– Familiarity with Rules 

– Monitoring Practice 


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2010 - 2011


DFW Metroplex 

• Pedestrian Bridge Project 

• Out-of-State Licensed PE 

• Prepared Engineering plans & performed 

calculations for the bridge project 

• Not licensed in Texas 

• Only engineers licensed in Texas can offer or 

provide engineering for Texas projects. 

– Cease & Desist with an administrative penalty 


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2010 - 2011


East Texas 

• Professional Engineer was convicted of a Class A 

Misdemeanor for false statements 

• Concerned work related to his engineering 

• PE Failed to report the conviction to the Board 

• Texas licensed professional engineers are required 

to report criminal convictions within 30 days. 

– Formal Reprimand and Engineering Ethics Course 


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2010 - 2011

Dallas 


• Individual used “P.E.” and a PE number after his 

name in an email correspondence 

• Electrical engineering designs were included 

• Board records determined he was not a licensed P.E. 

• Unlicensed Practice of engineering in Texas is a 

violation subject to sanction. 

– Cease & Desist with an administrative penalty 


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2010 - 2011


Austin 

• A signed Consent Order was Board approved 

• One of the stipulations was successful completion of 

an Engineering Ethics correspondence course 

• P.E. failed to complete the course in the allotted six 

month time period 

• Failure to meet the requirements of a Board Order 

is a violation and subject to sanction. 

– Formal Reprimand with an administrative penalty 


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2010 - 2011


Houston 

• Professional Engineer was found to be incarcerated 

• Texas Occupations Code, Section 53.021(b) and 

Board Rule 139.43(a) requires that individual’s 

license be revoked. 

– License was revoked 


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2010 - 2011


Dallas 

• Engineering firm was contracted to perform testing and site 

observation of a retaining wall construction project 

• Responsible P.E. issued a document which stated that 

construction was performed in accordance with the design 

• Photos revealed that four reinforcing steel dowel bars were 

implemented vs. the eight specified by the design drawings 

• Board Rule requires P.E. to exercise care and diligence to 

prevent partners, associates, and employees from engaging in 

conduct that if done by the P.E. would be a violation. 

– Formal Reprimand with an administrative penalty 


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2010 - 2011



• Complaint was filed on engineer by client regarding 

competence and ethics. 

• Engineer response to TBPE was a text book page stating 

that a dowel bar was not reinforcing steel, so he wasn’t 

responsible. 

• Engineer was assessed Formal reprimand and 

administrative penalty for his efforts. 


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2010 - 2011



• A professional would have “owned” the issue and 

disclosed it to the client in a timely fashion. 

• A repair plan could have easily addressed the missing 

dowel bars. 

• Case would have never been filed with us or most likely 

dismissed if it were. 


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2010 - 2011


Corpus Christi 

• PE sealed a signed a TDI WPI-2 for windstorm inspection 

certifying that a room addition met code. 

• Later found that the roof covering was not installed properly 

and resulted in leakage and damage to the interior. Also found 

that the window and the foundation was not code compliant 

• P.E.’s employee had visited once and relied on the contractor’s 

word that all was built properly 

• P.E. must not give misleading certifications, must exercise 

reasonable care and diligence to ensure employees perform 

required inspections, and be a faithful agent to their client. 

– Probated Suspension, Administrative Penalty, and Ethics Course 


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2010 - 2011


Out of State Licensee 

• Building collapsed in Wisconsin 

• One death and $100M in damages 

• Investigation and Civil litigation revealed that 

the engineer’s calculations and design of 

building support system was deficient 

• Wisconsin Board Revoked P.E.’s licensee 

• Texas P.E. licensed in another state is subject 

to sanction if the violation in that state would 

be a violation in Texas 

– P.E.’s license is inactive and Board refuses to renew 


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2010 - 2011


San Antonio 

• Professional Engineer issued subdivision plans to his client 

that were unsealed. 

• Plans were not marked preliminary indicating why they were 

being issued and lacked a limitation of their use. 

• Plans also contained numerous errors 

• Texas P.E.’s must execute due care and diligence in 

performance of their engineering business and follow Board 

Rules on sealing, signing and dating plans and identifying 

preliminary documents with proper caveats. 

– Probated Suspension, Administrative Penalty, and Ethics Course 


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2010 - 2011

Contact TBPE 

• 1917 IH-35 South 

• Austin, TX 78741 

• Phone: 512-440-3054 

• FAX: 512-440-0417 

• Web: http://www.tbpe.state.tx.us 

• email: David.Howell@tbpe.state.tx.us 


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2010 - 2011

Texas Board of Professional Engineers

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