|(a) Any firm or other business entity shall not offer
or perform engineering services to the public unless registered with
the board pursuant to the requirements of Chapter 135 of this title
(relating to Firm Registration).
(b) A firm shall provide that at least one full-time
active license holder is employed with the entity and that an active
license holder performs or directly supervises all engineering work
and activities that require a license that is performed in the primary,
branch, remote, or project office(s).
(c) An active license holder who is a sole practitioner
shall satisfy the requirement of the regular, full-time employee.
(d) No engineering services are to be offered to or
performed for the public in Texas by a firm while that firm does not
have a current certificate of registration.
(e) A business entity that offers or is engaged in
the practice of engineering in Texas and is not registered with the
board or has previously been registered with the board and whose registration
has expired shall be considered to be in violation of the Act and
board rules and will be subject to administrative penalties as set
forth in §§1001.501 - 1001.508 of the Act and §139.35
of this title (relating to Sanctions and Penalties).
(f) The board may revoke a certificate of registration
that was obtained in violation of the Act and/or board rules including,
but not limited to, fraudulent or misleading information submitted
in the application or lack of employee relationship with the designated
professional engineer for the firm.
(g) If a firm has notified the board that it is no
longer offering or performing engineer services to the public, including
the absence of a regular, full-time employee who is an active professional
engineer licensed in Texas, the certificate of registration record
will be placed in inactive status until the board is notified of resumed
offering and services. If firm certificate of registration is inactive,
the certificate of registration will expire under the same requirements
of subsection (e) of this section unless renewed.
(h) All engineering documents released, issued, or
submitted by or for a registered engineering firm, including preliminary
documents, must clearly indicate the firm name and registration number.
(i) A firm registered under Chapter 135 of this title
may voluntarily surrender the registration by submitting a request
in writing provided that the firm:
(1) is in good standing; and
(2) does not have an enforcement case pending before
(j) A firm registration that has been voluntarily surrendered
may not be renewed. A firm which has voluntarily surrendered a registration
may apply for a new registration.
|Source Note: The provisions of this §137.77 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective January 1, 2006, 30 TexReg 8688; amended to be effective June 20, 2006, 31 TexReg 4862; amended to be effective December 10, 2006, 31 TexReg 9833; amended to be effective December 21, 2008, 33 TexReg 10178; amended to be effective June 13, 2010, 35 TexReg 4716; amended to be effective July 3, 2022, 47 TexReg 3687