22 Tex. Admin. Code § 131.2 - Definitions
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)
International NCEES Record - An official complication of professional
credentials issued by NCEES as part of an international application process.
The record includes academic credentials, exam or assessment information,
employment information, professional references, and other information
pertinent to licensure.
(23)
License - The legal authority permitting the holder to actively practice
engineering or land surveying. Also, a certificate issued by the board showing
such authority.
(24) License Holder
- Any person whose license or registration to practice engineering or land
surveying is current.
(25)
Misconduct - The violation of any provision of the Texas Engineering Practice
Act, the Professional Land Surveying Act, or board rules.
(26) Mobility Agreement / Mutual Recognition
Agreement - an agreement signed and adopted by the Board and another licensing
jurisdiction or recognized licensing organization that sets out requirements
and procedures for licensure between the two bodies.
(27) Model Law Engineer (MLE) - a designation
on an NCEES Record indicating that an engineer has met the NCEES standard for
licensure, including an EAC/ABET accredited engineering degree, a minimum of
four years of creditable and acceptable engineering experience, passage of both
the FE and PE examinations, and no disciplinary action.
(28) 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.
(29) NCEES - National Council of Examiners
for Engineering and Surveying.
(30)
NCEES Record - An official verified compilation of professional credentials
issued by NCEES, designed to simplify the licensure process for engineers and
surveyors who want to practice in multiple states or territories. The record
includes academic transcripts, exam results, employment history, professional
references, and other information pertinent to licensure.
(31) Person - Any individual, firm,
partnership, corporation, association, governmental subdivision, or public or
private organization of any character other than a governmental
agency.
(32) 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.
(33) 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.
(34) Professional Surveying - The practice of
land, boundary, or property surveying or other similar professional
practices.
(35) 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.
(36) Registration - The legal authority
permitting the holder to actively practice engineering or land surveying. Also,
a certificate issued by the board showing such authority.
(37) Respondent - The person or party that is
the subject of a complaint filed with the board.
(38) Responsible charge - Synonymous with the
term "direct supervision"; used interchangeably with "direct
supervision".
(39) 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.
(40)
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.
(41) Sole Practitioner - A firm that consists
of an individual license holder with no other employees.
(42) 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.
(43) Surveying Act - the Professional Land
Surveying Practices Act, Texas Occupations Code Chapter 1071.
(44) Surveying Report - Survey drawing,
written description, and/or separate narrative depicting the results of a land
survey performed and conducted pursuant to this Act.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
In applying the Texas
(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 Higher Learning Commission, 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.