Tex. Occ. Code Section 1001.0031
Practices of Engineering and Architecture


(a)

Except as provided by Subsection (d) or (e), the practice of engineering does not include, and engineers may not engage in or offer to engage in, the practice of architecture as defined by Sections 1051.001 (Definitions)(7)(A), (B), and (C), as that definition existed on April 1, 2011, and by Section 1051.0016 (Practices of Architecture and Engineering)(a).

(b)

An engineer may not prepare or provide a complete, comprehensive set of building plans for a building designed for human use or occupancy unless:

(1)

the plans and specifications as described by Section 1051.001 (Definitions)(7)(A) or (B) are prepared by, or under the supervision of, an architect;

(2)

the building is part of a project described by Section 1051.601 (Activities of Licensed Engineer)(b) or a building described by Section 1051.606 (Activities of Certain Persons Not Represented to Be Architects)(a)(4); or

(3)

the engineer has received administrative approval by the Texas Board of Architectural Examiners to practice architecture under Section 1051.607 (List of Engineers Permitted to Engage in Practice of Architecture).

(c)

An engineer is responsible for the engineering plans and specifications of a building unless the work is exempt under Section 1001.053 (Public Works) or 1001.056 (Construction or Repair of and Plans for Certain Buildings). In this section, the term “engineering plans and specifications” means:

(1)

plans for a structural, mechanical, electrical, electronic, fire suppression, or geotechnical system in a building;

(2)

specifications of structural elements and connections of a building;

(3)

foundation design;

(4)

hydrologic management calculations and design of surface water control and detention necessary for compliance with ordinances and regulations;

(5)

design of building drain and waste system plumbing, fresh water plumbing, graywater systems, and mechanical aspects of moving water in and out of a structure, other than simple roof drainage;

(6)

evaluation of structural framing members before the addition of roof-mounted equipment or a heavier roof covering;

(7)

design of changes in roof pitch by the addition of structural framing members;

(8)

evaluation and repair of damaged roof structural framing;

(9)

design of electrical and signal and control systems;

(10)

shop drawings by manufacturers or fabricators of materials and products to be used in the building features designed by the engineer; and

(11)

specifications listing the nature and quality of materials and products for construction of features of the building elements or systems designed by an engineer.

(d)

The preparation of engineering plans and specifications for the following tasks is within the scope of practice of both engineering and architecture:

(1)

site plans depicting the location and orientation of a building on the site based on:

(A)

a determination of the relationship of the intended use with the environment, topography, vegetation, climate, and geographic aspects; and

(B)

the legal aspects of site development, including setback requirements, zoning and other legal restrictions, and surface drainage;

(2)

the depiction of the building systems, including structural, mechanical, electrical, and plumbing systems, in:

(A)

plan views;

(B)

cross-sections depicting building components from a hypothetical cut line through a building; and

(C)

the design of details of components and assemblies, including any part of a building exposed to water infiltration or fire-spread considerations;

(3)

life safety plans and sheets, including accessibility ramps and related code analyses; and

(4)

roof plans and details depicting the design of roof system materials, components, drainage, slopes, and directions and location of roof accessories and equipment not involving structural engineering calculations.

(e)

The following activities may be performed by either an engineer or an architect:

(1)

programming for construction projects, including:

(A)

identification of economic, legal, and natural constraints; and

(B)

determination of the scope of functional elements;

(2)

recommending and overseeing appropriate construction project delivery systems;

(3)

consulting with regard to, investigating, and analyzing the design, form, materials, and construction technology used for the construction, enlargement, or alteration of a building or its environment; and

(4)

providing expert opinion and testimony with respect to issues within the responsibility of the engineer or architect.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1157 (H.B. 2284), Sec. 1, eff. September 1, 2011.

Source: Section 1001.0031 — Practices of Engineering and Architecture, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1001.­htm#1001.­0031 (accessed May 18, 2024).

1001.001
Short Title
1001.002
Definitions
1001.003
Practice of Engineering
1001.004
Legislative Purpose and Intent
1001.005
Application of Sunset Act
1001.0031
Practices of Engineering and Architecture
1001.051
Limitation on Exemption
1001.052
Employee of License Holder
1001.053
Public Works
1001.054
Federal Officer or Employee
1001.055
Mechanical, Electrical, or Other Equipment
1001.056
Construction or Repair of and Plans for Certain Buildings
1001.057
Employee of Private Corporation or Business Entity
1001.058
Employee of Certain Utilities or Affiliates
1001.059
Qualified Scientists
1001.060
Soil and Water Conservation
1001.061
Telephone Companies
1001.062
Certain Employees Working from Engineer’s Plans
1001.063
Architects, Landscape Architects, and Interior Designers
1001.064
State Land Surveyors
1001.065
Employees of Institutions of Higher Education
1001.066
Certain Nasa-related Activities
1001.067
Certain Fire Department Employees
1001.068
Certain Out-of-state Engineers Engaged in Evaluating Oil and Gas Resources
1001.101
Board Membership
1001.102
Member Eligibility
1001.103
Membership and Employee Restrictions
1001.104
Terms
1001.105
Participation of Public Members
1001.106
Grounds for Removal
1001.107
Per Diem
1001.108
Officers
1001.110
Meetings
1001.111
Filing of Oath
1001.112
Training
1001.151
Personnel
1001.152
Career Ladder Program
1001.153
Division of Responsibilities
1001.154
Qualifications and Standards of Conduct Information
1001.155
Equal Employment Opportunity Policy
1001.201
General Powers and Duties
1001.202
Rules
1001.203
Rules Restricting Advertising or Competitive Bidding
1001.204
Fees
1001.205
Reduced Fees: Elderly, Disabled, Inactive Status
1001.207
Standards of Conduct and Ethics
1001.208
Roster of Engineers and Land Surveyors
1001.209
Register of Applicants
1001.210
Continuing Education Programs for Engineers
1001.211
Records
1001.212
Confidentiality of Certain Information Related to Application
1001.213
Subpoena
1001.214
Technology Policy
1001.215
Negotiated Rulemaking and Alternative Dispute Resolution Policy
1001.216
Advisory Committees
1001.251
Consumer Interest Information
1001.252
General Rules Regarding Complaint Investigation and Disposition
1001.253
Complaint Information
1001.254
Statistical Analysis of Complaints
1001.255
Public Participation
1001.271
Definition
1001.272
Criminal History Record Information Requirement for License Issuance
1001.273
Examination Results
1001.274
Reexamination
1001.275
Notice of License Expiration
1001.276
Procedure for Renewal
1001.277
Criminal History Record Information Requirement for License Renewal
1001.278
Renewal of Expired License by Out-of-state Practitioner
1001.279
Inactive Status
1001.301
License Required
1001.302
License Eligibility Requirements
1001.303
Application for License
1001.304
Examination
1001.305
Waiver of Examination Requirement
1001.308
Issuance of License
1001.309
Certification or Enrollment of Engineers-in-training
1001.310
Temporary or Provisional License
1001.311
Application by Nonresident
1001.312
Replacement License
1001.351
Annual Renewal Required
1001.401
Use of Seal
1001.402
Enforcement by Certain Public Officials
1001.403
Professional Identification
1001.404
Eligibility for Appointed State Position
1001.405
Practice by Business Entity
1001.406
Graduate Engineers
1001.407
Construction of Certain Public Works
1001.451
Disciplinary Powers of Board
1001.452
Grounds for Disciplinary Action
1001.453
Review of License Holder’s Status
1001.454
Right to Hearing
1001.455
Appeal of License Revocation
1001.456
Reissuance of Revoked License
1001.501
Imposition of Administrative Penalty
1001.502
Amount of Administrative Penalty
1001.503
Options Following Decision: Pay or Appeal
1001.504
Collection of Penalty
1001.505
Determination by Court
1001.506
Remittance of Penalty and Interest
1001.508
Administrative Procedure
1001.551
Injunction
1001.552
Criminal Penalty
1001.553
Report of Violation
1001.554
Presentation of Complaints by Board
1001.555
Attorney General as Legal Advisor
1001.556
Appeal Bond
1001.601
Board Advisory Opinions
1001.602
Maintenance of Opinions
1001.603
Attorney General’s Opinions
1001.604
Reliance on Advisory Opinion
1001.1011
Ex Officio Member
1001.2035
Rules on Consequences of Criminal Conviction
1001.2721
Examination Development and Administration
1001.4525
Probation
1001.4526
Restitution
1001.4527
Recusal of Board Member
1001.4528
Emergency Suspension
1001.5511
Cease and Desist Order

Accessed:
May 18, 2024

§ 1001.0031’s source at texas​.gov