### .

E RNEY 

### GENE 0FTEXAS

May 25, 

### 1966

Honorable Thomas C. Omen Opinion No. c-691 Texas State Board of Registration for ProfessionalEngineers Re: Whether the use of Austin, .Texas certain engineering titles and similar engineeringdeslgnations by persons not licensed to practice engineering In Texas, violates the Texas EnDear Colonel Green: glneering PracticeAct.

In your letter seeking an official opinion from this office, you have set forth that:

'Since August 30, 1965, when the Texas Engineering PracticeAct went into effect, it has come to the attention of the Board that unlicensed persons as employees of business firms are calling themselves 'salesengineers,' 'movingengineers,' 'safetyengineers,' 'tax engineers, ’ and other similar engineering titles. These titles are being used on stationery,building directorlea, telephonedirectories,business cards, advertIsementsWandothermeans of communication to the public. In connectionwith the foregoing statement,you have requested the opinion of this officeupon the question of:

.whether~

or not We of the engineering titles and terms stated above and other similarengineering designationsby persons not licensed to practice in Texas constitutes violation of the Texas Engineering PracticeAct." Section 1.1 of Article 3271a,Vernon's Civil Statutes, the Texas Englneerlng PracticeAct, provides in part that:..

Hon. 

### ThomasC. 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 otherwisedesignated 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 add401 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 per

### eonin 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 ,orabone 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 ormake u8e of any letter, abbreviation,word, symbol, slogan, sign or any combinationsor variations thereof, which ln any manner whatsoever tend8 or 3.0likely 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 

### ex8mptfrom the provisions of the 

### TexaBEnglnnrln( Praotlce Act, but,euch examptlon carrleowith it the proviso that ouch persons: 

### -3333-. ,.



### Hon. Thomas C. Oreen,page 

### 3 (C-691)

I .arenot represented or held out to the public as duly licensedand registeredby the Board tflengage 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 classificationsbyof such persons not In connectionwith 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 3271awhich provides that:

"In recognition of the vital impactwhich 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 engineeringbe entrusted only to those persons duly licensed, registered and practicing under the provisions of this Act and that there be strict compliancewith and enforcement of all the provisions of this Act D
. .andall the provisions of this Act shallbe liberally construed and applied to carry out such legislative intent.

. . . In view of the foregoingprovisions of Article 327la of the Texas Engineering PracticeAct, 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 connectionwith his name, such designations as "sales engineer", 'moving engineer," "safetyengineer," 'tax engineer" or other similar designationsmaking use of the word “engineer,” or some derivative thereof, when used on stationery,building directories, telephone directories,business cards, advertisements or othermeans 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," "movingengineer," "safetyengineer,' "taxengineer," or other similar designationsmaking 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, advertisementsor other means of communication to the public,unless such individualhas first been licensed or registered to practice engineering In the State of Texas by the Texas State Board of Registrationfor 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-