February 

### 28, 1967

Hon. D. C. Klein Opinion No. M-30 Chairman, State Board of Reglstration for Profeskional Engineers Re: Construction of John Ii. ReaganBuilding Austin, Texas Section 12(a), Article 3271a, V.C.S., the Texas Engineering Practice Act. DearMr. Klein:

Youhave requested the opinion of this office regarding the construction of Section 12(a), Article’ 3271a,~Vernonis Civil Statutes, the Texas Engineertng Practice Act. Section 12(a) is quoted as follows:

“Section 12. General Requirements for Reglstration, Thefollowing shall be considered as minimumevidence satisfactory to the Board that the applicant Is qualified for registration as a professional engineer, to wit:

“(a) Graduation from an approved course fn engineering of four 

### (4) years or more in a recognized school or college approved ‘bythe Board as of satisfactory standin& anda specific record of anadditional four ( j years or more of active practice in engineering work, of a character satisfactory to~theBoard, Indicating that the applicant is competent to be placed In responsible charge of such work;” Wenow quote the following portions from your letter of request:

“Under the BoardOs present Rule VXIiand Rule XVIII, the only approved course fn engineering recognized as qualification for licensing under Section 12 a) of the Act is an “Engineering degree,’ meaning a * Aa ccalaureate degree, and 1.ncertain cases, an advanced degree In Engineering.’ Under this Rule the Board rejects applications for licensure under Section

- 130-. -

Hon. D. C. Klein, page 2 (M-30 ).

12.(a) of applicants with four years or more of active practice In engineering work, but whose education consists of graduation from a course of four years or morewith a,Baccalaureate degree in one of the mathematical or physical sciences. For example: anapplicant with a Baccalaureate degree InPhysics from the University of Texas with four years of active experience in engineering work of a character satisfactory to the Board; an applicant with a Baccalaureate ‘degree In mathematics from the University of Texas with four years of active experience in engineering work of a character satisfactory to the Board. Suchapplicants often are recognized by their colleagues, by Industry and,by the government of the United States as qualified engineers andare actually performing engtneering tasks of the highest order. Yet, under its Rule VII andRule XVIII the Board has refused to license such applicants under Section 12(a) because their degree wasnot designated a degree in engineering.

“In modern technology engineers and scientists often play identical roles. Manyscientists function essentially as engineers; manyengineers devote themselves to scholarly scientific pursuit,s. Also, in education, that which one accredited college or university calls a science course or degree is called an engineering course or degree in another approved college or university. ABaccalaureate degree In the physical or mathematical sciences often requires substantially the sameor similar courses as a Baccalaureate degree in engineering. It is the opinion of the Board that there are many highly qualified engineers in Texas today whohave more than four years of active practice in engineering work of the most advanced nature but with accredited degrees in the mathematical or physical sciences rather than an engineering degree.

“I, therefore, respectfully request your opinion as to whether or not the Board would.be authorized to amendits rules andregulations to permit licensing under Section 12 (a) of applicants whohave a specific record of four years or more 

### ofactive practice in engineering work, of a character satisfactory to the Board, indicating that the applicant is competent to

- 131-- .

Hon. D. C. Klein, page

### .3 (M-30 )

be placed in responsible charge of such work, and whohave graduated from a recognized school or college approved by the Boardas of satisfactory standing with a degree or degrees In the mathematical or physical sciences after four years or more of:

“(a) courses in the sciences; or, courses In the courses In the courses in the 

### “(el sciences; **or,** 

### courses in the sciences; or,

“VI

_ _ _ course8 in the mathematical andphysical

nafhematlcal sciences; or, physical sciences; or, mathematical and engineering physical and

### engineering physical, mathematical and

“(43) englneerulg sciences; or, courses In the engineering sciences.” In 

### 1965,the 59th Legislature amendedthe Engineering Practice Act by the addition of several sectd,ons, one 

### ofwhich wasSection 1.1. This Section **reads** In part as forlows:

“In recognition of the vital impact which the rapid advance of knowledge of the mathematical, physical and~englneerlng sciences as applied in the practice 

### ofengineering Is having upon the lives, property, economy and security of our people and the national defense,

----‘I Another Section which was added in 

### 1965is Shctlon 20(L), which is quoted as follows:

“Qualified sclentlsts engaged in scientific research and investigation of the physical or natural sciences, Including the usual workand activities of meteorologists, Bei8mologists, geologists, chemists, geochemists, physicists andgeophysicists

.‘I Wenote that the extensive amendmentsIn 

### 1965did not include any amendmentto Section 12(a), and the educational requirements for registration as a professional engineer remain the same.

Werecognize the fact that great strides In technology are having the 

### effectof blurring the lines between the various technical disclplines~ Nevertheless, it is not the function of this office to enlarge or in 

### anywaymodify the statutory requirements as laid downby the Legislature; neither does the

- 132

-’Hon. D. C. Klein, page 4 (~-30 )

State Board of Registration for Professional Engineers have this power. Only the Legislature has the power to makethe necessary factual determinations that maybe occasioned by analteration of the accustomed procedures in a licensed profession. Youare accordingly advised that it is the opinion of this office that the Board maynot amendits rules and regulations to permit licensing, under Section 12(a)* of graduates from other than anapproved course in engineering.

It is recognized that different educational institutions mayhave varying methods of identifying their degree programs. Nevertheless, the power of the Board Is limited to an examination of a particular degree program in engineering in order to ascertain that it meets certain minimumstandards of educational achlevement. SUMMARY ------- Under the terms of Section 12(a), Article 3271a9 v.c,s., **the** Texas Engineering Practice Act, the State Board of Registration **for** Professional Engineers does not have the power to amendits rules to permit the licensing of persons whohold a degree other than one evidencing graduation from an approved course in engineering. truly yours,

torney General of Texas Prepared byMalcolm L. Quick Assistant Attorney General APPROVED: OPINIONCOMWlTTEE HawthornePhillips, Chairman W.V. Geppert,~Co-Chairman Mario Obledo JohnBanks Pat Bailey HoughtonBrownlee JohnReeves STAFFLEGAL

ASSISTART A. J:Carubbl, Jr.

- 133- -’