2006 Texas Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagtx0087 and id is 1 raw text is: ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
January 10, 2006
The Honorable Ismael Kino Flores             Opinion No. GA-0391
Chair, Committee on Licensing and
Administrative Procedures                   Re:  Whether a professional engineer may
Texas House of Representatives                prepare all plans and specifications for a public
Post Office Box 2910                          building described in Occupations Code section
Austin, Texas 78768-2910                       1051.703(a) without engaging the services of a
licensed architect (RQ-0360-GA)
Mr. Gordon E. Landreth, AIA
Chair, Texas Board of Architectural Examiners
Post Office Box 12337
Austin, Texas 78711-2337
Dear Representative Flores and Mr. Landreth:
Representative Flores asks broadly whether a professional engineer may prepare all plans and
specifications for the public buildings described in section 1051.703 of the Occupations Code
without engaging the services of a licensed architect.' The Texas Board of Architectural Examiners
(the TBAE) poses additional related questions:2 (1) whether the legislature intended to regulate
the practice of architecture as a profession distinct from the practice of engineering; (2) whether the
legislature has created a distinction between the practices by defining the practice of architecture as
design of a building for human use or occupancy;' (3) whether the exemption for engineers in
chapter 1051 of the Occupations Code is absolute, so that engineers may freely practice architecture
without registering with the TBAE; (4) alternatively, whether the exception for engineers is limited
to an act, service, or work involving special knowledge or judgment of the mathematical, physical,
'See Letter from Honorable Ismael Kino Flores, Chair, Committee on Licensing and Administrative
Procedures, Texas House of Representatives, to Honorable Greg Abbott, Attorney General of Texas (July 7, 2005) (on
file with Opinion Committee, also available at http.//www.oag.state.tx.us).
2See Letter from Gordon E. Landreth, AIA, Chair, Texas Board of Architectural Examiners, to Honorable Greg
Abbott, Attorney General of Texas (July 6, 2005) [hereinafter TBAE Brief I]; Letter from Gordon E. Landreth, AIA,
Chair, Texas Board of Architectural Examiners, to Nancy S. Fuller, Chair, Opinion Committee, Office of Attorney
General (Sept. 8, 2005) (briefs on file with Opinion Committee).

3TEX. Occ. CODE ANN.  1051.001(7) (Vernon Supp. 2005).

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