§ 1001.002. Definitions

In this chapter:

(2) “Engineer” means a person licensed to engage in the practice of engineering in this state.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.

§ 1001.003. Practice of Engineering
(a) In this section:
    (2) “Engineering survey” includes any survey activity required to support the sound conception, planning, design, construction, maintenance, or operation of an engineered project. The term does not include the surveying of real property or other activity regulated under Chapter 1071.
(b) In this chapter, “practice of engineering” means the performance of or an offer or attempt to perform any public or private service or creative work, the adequate performance of which requires engineering education, training, and experience in applying special knowledge or judgment of the mathematical, physical, or engineering sciences to that service or creative work.
(c) The practice of engineering includes:
    (1) consultation, investigation, evaluation, analysis, planning, engineering for program management, providing an expert engineering opinion or testimony, engineering for testing or evaluating materials for construction or other engineering use, and mapping;
    (2) design, conceptual design, or conceptual design coordination of engineering works or systems;
    (3) development or optimization of plans and specifications for engineering works or systems;
    (4) planning the use or alteration of land or water or the design or analysis of works or systems for the use or alteration of land or water;
    (5) responsible charge of engineering teaching or the teaching of engineering;
    (6) performing an engineering survey or study;
    (7) engineering for construction, alteration, or repair of real property;
    (8) engineering for preparation of an operating or maintenance manual;
    (9) engineering for review of the construction or installation of engineered works to monitor compliance with drawings or specifications;
    (10) a service, design, analysis, or other work performed for a public or private entity in connection with a utility, structure, building, machine, equipment, process, system, work, project, or industrial or consumer product or equipment of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature; or
    (11) providing an engineering opinion or analysis related to a certificate of merit under Chapter 150, Civil Practice and Remedies Code; or
    (12) any other professional service necessary for the planning, progress, or completion of an engineering service.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.001(a), eff. Sept. 1, 2003.Amended by: Acts 2005, 79th
Leg., Ch. 259, Sec. 1, eff. September 1, 2005.

§ 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(7)(A), (B), and (C), as that definition existed on April 1, 2011, and by Section 1051.0016(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(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(b) or a building described by Section 1051.606(a)(4); or
    (3) the engineer has received administrative approval by the Texas Board of Architectural Examiners to practice architecture under Section 1051.607.
(c) An engineer is responsible for the engineering plans and specifications of a building unless the work is exempt under Section 1001.053 or 1001.056. 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 82nd Leg, HB 2284, eff. September 1, 2011.