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.
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