Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 131 - ORGANIZATION AND ADMINISTRATION › Subchapter A - SCOPE AND DEFINITIONS › Section 131.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In applying the Texas Engineering Practice Act, the
					 Professional Land Surveying Practices Act, and the board rules, the following
					 definitions shall prevail unless the word or phrase is defined in the text for
					 a particular usage. Singular and masculine terms shall be construed to include
					 plural and feminine terms and vice versa.
(1) ABET - ABET, Inc., formerly the
				  Accreditation Board for Engineering and Technology.
(2) Acts - The Texas Engineering Practice
				  Act, Texas Occupations Code Chapter 1001, and the Professional Land Surveying
				  Practices Act, Texas Occupations Code Chapter 1071.
(3) Advisory Opinion - A statement of policy
				  issued by the board that provides guidance to the public and regulated
				  community regarding the board's interpretation and application of Chapter 1001,
				  Texas Occupations Code, and/or board rules related to the practice of
				  engineering.
(4) Agency or Board -
				  Texas Board of Professional Engineers and Land Surveyors.
(5) ANSAC/ABET - Applied and Natural Science
				  Accreditation Commission of ABET. Previously the Applied Science Accreditation
				  Commission (ASAC) of ABET.
(6)
				  Applicant - A person applying for a license or registration to practice
				  professional engineering or land surveying or a firm applying for a certificate
				  of registration to offer or provide professional engineering or land surveying
				  services.
(7) Application - The
				  forms, information, and fees necessary to obtain a license, registration, or
				  certification issued by the Board.
(8) Complainant - Any party who has filed a
				  complaint with the board against a person or entity subject to the jurisdiction
				  of the board.
(9) Construction
				  estimate - As used in §1071.004, a depiction of a possible easement route
				  for planning purposes.
(10)
				  Contested case - A proceeding, including but not restricted to rate making and
				  licensing, in which the legal rights, duties, or privileges of a party are to
				  be determined by an agency after an opportunity for adjudicative hearing
				  pursuant to the Administrative Procedure Act, Chapter 2001, Texas Government
				  Code.
(11) Direct supervision -
				  The control over and detailed professional knowledge of the work prepared under
				  the engineer or land surveyor's supervision. Direct Supervision entails that
				  the engineer or land surveyor personally makes decisions or personally reviews
				  and approves proposed decisions prior to their implementation and has control
				  over the decisions either through physical presence or the use of
				  communications devices. Direct Supervision entails that a land surveyor be able
				  to give instructions for research of adequate thoroughness to support
				  collection of relevant data, the placement of all monuments, and the
				  preparation and delivery of all surveying documents.
(12) EAC/ABET - Engineering Accreditation
				  Commission of ABET.
(13) EAOR
				  number - An engineering advisory opinion request file number assigned by the
				  executive director to a pending advisory opinion in accordance with this
				  chapter.
(14) Electronic Seal -
				  For the purposes of this Chapter, an electronic seal is a digital
				  representation of a licensee or registrant's seal including, but not limited
				  to, a digital scan of a physical seal.
(15) Electronic Signature - For the purposes
				  of this Chapter, an electronic signature is a digital representation of a
				  licensee or registrant's signature including, but not limited to, a digital
				  scan of a physical signature.
(16)
				  Engineering - The profession in which a knowledge of the mathematical,
				  physical, engineering, and natural sciences gained by education, experience,
				  and practice is applied with judgment to develop ways to utilize, economically,
				  the materials and forces of nature for the benefit of mankind.
(17) Engineering Act - The Texas Engineering
				  Practice Act, Texas Occupations Code Chapter 1001.
(18) ETAC/ABET - Engineering Technology
				  Accreditation Commission of ABET.
(19) Firm - Any business entity that engages
				  or offers to engage in the practice of professional engineering or land
				  surveying in this state. The term includes but is not limited to companies,
				  corporations, partnerships, or joint stock associations, and for engineering
				  also includes sole practitioners and sole proprietorships.
(20) Good Standing - (License or
				  Registration) - A license or registration that is current, eligible for
				  renewal, and has no outstanding fees or payments.
(21) Gross negligence - Any deliberate
				  conduct, or pattern of conduct, whether by act or omission that demonstrates a
				  disregard or indifference to the rights, health, safety, welfare, and property
				  of the public or clients. Gross negligence may result in financial loss, injury
				  or damage to life or property, but such results need not occur for the
				  establishment of such conduct.
(22) License - The legal authority permitting
				  the holder to actively practice engineering or land surveying. Also, a
				  certificate issued by the board showing such authority.
(23) License Holder - Any person whose
				  license or registration to practice engineering or land surveying is current.
(24) Misconduct - The violation of
				  any provision of the Texas Engineering Practice Act, the Professional Land
				  Surveying Act, or board rules.
(25) NAFTA - North American Free Trade
				  Agreement. NAFTA is related to the practice and licensure of engineering
				  through mutual recognition of registered/licensed engineers by jurisdictions of
				  Canada, Texas, and the United Mexican States.
(26) NCEES - National Council of Examiners
				  for Engineering and Surveying.
(27) Person - Any individual, firm,
				  partnership, corporation, association, governmental subdivision, or public or
				  private organization of any character other than a governmental agency.
(28) Professional engineering -
				  Professional service which may include consultation, investigation, evaluation,
				  planning, designing, or direct supervision of construction, in connection with
				  any public or private utilities, structures, buildings, machines, equipment,
				  processes, works, or projects wherein the public welfare, or the safeguarding
				  of life, health, and property is concerned or involved, when such professional
				  service requires the application of engineering principles and the
				  interpretation of engineering data.
(29) Professional Engineering Services -
				  Services which meet the definition of the practice of engineering as defined in
				  the Act, §1001.003, and which are required by statute or rule to be
				  performed by or under the direct supervision of a licensed engineer. A service
				  shall be conclusively considered a professional engineering service if it is
				  delineated in that section; other services requiring a professional engineer by
				  contract, or services where the adequate performance of that service requires
				  an engineering education, training, or experience in the application of special
				  knowledge or judgment of the mathematical, physical or engineering sciences to
				  that service are also considered a professional engineering service.
(30) Professional Surveying - The practice of
				  land, boundary, or property surveying or other similar professional practices.
(31) Recognized institution of
				  higher education--An institution of higher education as defined in §
										61.003, Education
				  Code; or in the United States, an institution recognized by one of the six
				  regional accrediting associations, specifically, the New England Association of
				  Schools and Colleges, the North Central Association Commission on Accreditation
				  and School Improvement, the Northwest Association of Schools and Colleges, the
				  Southern Association of Colleges and Schools, the Western Association of
				  Schools and Colleges, or the Middle States Association of Colleges &
				  Schools; or, outside the United States, an institution recognized by the
				  Ministry of Education or the officially recognized government education agency
				  of that country; or a program accredited by ABET.
(32) Registration - The legal authority
				  permitting the holder to actively practice engineering or land surveying. Also,
				  a certificate issued by the board showing such authority.
(33) Respondent - The person or party that is
				  the subject of a complaint filed with the board.
(34) Responsible charge - Synonymous with the
				  term "direct supervision"; used interchangeably with "direct supervision".
(35) Responsible supervision - An
				  earlier term synonymous with the term "direct supervision;" the term is still
				  valid and may be used interchangeably with "direct supervision" when necessary.
(36) Seal - An embossed, stamped,
				  or electronic design authorized by the Board that authenticates, confirms, or
				  attests that a person is authorized to offer and practice engineering or land
				  surveying services to the public in the State of Texas and has legal
				  consequence when applied.
(37)
				  Sole Practitioner - A firm that consists of an individual license holder with
				  no other employees.
(38)
				  Supervision of Engineering Construction - As used in §1001.407 of the Act,
				  includes the periodic observation of materials and completed work to determine
				  general compliance with plans, specifications and design and planning concepts.
				  Supervision of engineering construction does not include the construction means
				  and methods; responsibility for the superintendence of construction processes,
				  site conditions, operations, equipment, personnel; or the maintenance of a safe
				  place to work or any safety in, on or about the site.
(39) Surveying Act - the Professional Land
				  Surveying Practices Act, Texas Occupations Code Chapter 1071.
(40) Surveying Report - Survey drawing,
				  written description, and/or separate narrative depicting the results of a land
				  survey performed and conducted pursuant to this Act.