February 28, 1967 

Hon. D. C. Klein Opinion No. M-30 

Chairman, State Board of Reglstration 

for Profeskional Engineers Re: Construction of 

John Ii. Reagan Building 

Austin, Texas 

Section 12(a), Article 3271a, V.C .S., 

the Texas Engineering Practice Act. 

Dear Mr. Klein: 

You have 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, The following shall be considered as 

minimum evidence 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 ‘by the Board as 

of satisfactory standin 

& 

and a specific record 

of an additional four ( j years or more of active 

practice in engineering work, of a character satisfactory to ~the Board, Indicating that the applicant 

is competent to be placed In responsible charge of 

such work; ” 

We now 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.n certain cases, an 

advanced degree In Engineering.’ Under this Rule the 

Board rejects applications for licensure under Section 

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. - 

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 more with a,Baccalaureate degree 

in one of the mathematical or physical sciences. 

For example: an applicant 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. Such applicants often are recognized by their colleagues, 

by Industry and, by the government of the United 

States as qualified engineers and are actually 

performing engtneering tasks of the highest order. 

Yet, under its Rule VII and Rule XVIII the Board 

has refused to license such applicants under 

Section 12(a) because their degree was not designated a degree in engineering. 

“In modern technology engineers and scientists 

often play identical roles. Many scientists function essentially as engineers; many engineers 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. A Baccalaureate 

degree In the physical or mathematical sciences 

often requires substantially the same or 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 who have 

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 

amend its rules and regulations to permit licensing 

under Section 12 (a) of applicants who have a specific 

record of four years or more of active 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 

who have 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 and physical 

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 amended the Engineering 

Practice Act by the addition of several sectd,ons, one of which 

was Section 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 of engineering Is having upon the lives, 

property, economy and security of our people and 

the national defense, ----‘I 

Another Section which was added in 1965 is 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 work and 

activities of meteorologists, Bei8mologists, 

geologists, chemists, geochemists, physicists 

and geophysicists .‘I 

We note that the extensive amendments In 1965 did not include any 

amendment to Section 12(a), and the educational requirements for 

registration as a professional engineer remain the same. 

We recognize the fact that great strides In technology 

are having the effect of blurring the lines between the various 

technical disclplines~ Nevertheless, it is not the function of 

this office to enlarge or in any way modify the statutory requirements as laid down by 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 make the necessary 

factual determinations that may be occasioned by an alteration 

of the accustomed procedures in a licensed profession. You are 

accordingly advised that it is the opinion of this office that the 

Board may not amend its rules and regulations to permit licensing, 

under Section 12(a)* of graduates from other than an approved 

course in engineering. 

It is recognized that different educational institutions 

may have 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 minimum standards 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 amend its rules to permit the 

licensing of persons who hold a degree other than one 

evidencing graduation from an approved course in engineering. 

truly yours, 

torney General of Texas 

Prepared by Malcolm L. Quick 

Assistant Attorney General 

APPROVED: 

OPINION COMWlTTEE 

Hawthorne Phillips, Chairman 

W. V. Geppert,~ Co-Chairman 

Mario Obledo 

John Banks 

Pat Bailey 

Houghton Brownlee 

John Reeves 

STAFF LEGAL ASSISTART 

A. J:Carubbl, Jr. 

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