. 

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 deslgnations by persons not 

licensed to practice 

engineering In Texas, 

violates the Texas EnDear 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, building directorlea, telephone directories, business 

cards, advertIsementsWand other means of communication 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 engineering 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 englneerlng 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. . . :. (51 phaeie 

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 accordance with the provisions of this Act, no pereon in this state shall: 

I, 

. . . 

“(2) Directly or indirectly, .employ. use, 

cause to be used or We use of any of the followlji4Fmr 

in terms or any combi,natione, variations ,or abone th4reof 88 a;profeeeional, business or 

commercial ldentlflcatlon, title, name, representatlon, claim, asset or means of advantage or benefit: 

;y*: n 

~profeeelonal engineer, ’ ‘licensed enregistered engineer,’ ‘registered profeeelonal engineer,’ 

‘engineered J ’ 

‘llcenred prof’eesalo~l engineer,’ 

“(3) Directly or Indirectly, employ, We, 

caus$ to be used or make u8e of any letter, abbreviation, 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 accordance with the provisions of thir Act. 

(Bmphaeie added) 

\ 

Section 20 of Article 327la provides th&k?ertaln 

p4r*om8 4hall be ex8mpt from the provisions of the TexaB Englnnrln( 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 tfl engage in the practice of engineering. . . . 

Also, In Subsections (g), (h), and (1) of Sect&m 20 of Article 

3271a is found the language that: 

" *This exemption includes the use 

job titles and personnel classifications by 

of 

such persons not In connection with any offer 

of engineering services to the public, providing 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 important 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 provisions 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 Professional 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 vlolation 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 

Wax4.0 Oblrdo 

John Reevea 

J. C. Davie 

APPROV8DNORTNNATl'ORNNY QNNNRAL 

B??: T. 8. Uright 

-3325-