The opinion
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 Section 12(a), Arti-
Austin, Texas cle 3271a, V.C .S.,
the Texas Engineer-
ing 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 Regls-
tration, 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 recog-
nized 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 satis-
factory 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 recog-
nized as qualification for licensing under Section
12 a) of the Act is an “Engineering degree,’ meaning
a *Aaccalaureate 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 mathe-
matics from the University of Texas with four years
of active experience in engineering work of a
character satisfactory to the Board. Such appli-
cants 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 desig-
nated a degree in engineering.
“In modern technology engineers and scientists
often play identical roles. Many scientists func-
tion 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 engineer-
ing work of the most advanced nature but with accred-
ited 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
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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 mathe-
matical or physical sciences after four years or
more of:
“(a) courses in the mathematical and physical
sciences; or,
courses In the nafhematlcal sciences; or,
courses In the physical sciences; or,
courses in the mathematical and engineering
sciences; or,
“(el courses in the physical and engineering
sciences; or,
“VI _
course8 in
_ the _physical, mathematical and
englneerulg sciences; or,
“(43) 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 re-
quirements as laid down by the Legislature; neither does the
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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 ascer-
tain that it meets certain minimum standards of educational achleve-
ment.
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 en-
gineering.
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 LEGALASSISTART
A. J:Carubbl, Jr.
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