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RE: Automatic Reciprocity for Texans

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>From: 	Simon Solorio[SMTP:solo(--nospam--at)]
>Sent: 	Monday, October 13, 1997 6:11 PM
>To: 	seaoc(--nospam--at)
>Subject: 	RE: Automatic Reciprocity for Texans
>At 09:21 AM 10/10/97 -0500, you wrote:
>>>So, we're all agreed, Texas structural engineers may practice in California
>>>without any additional licensing.  And, in return, they will not engage in
>>>low balling or plan stamping, thus raising the dignity of the profession in
>>>our state.
>>>Now for a hypothetical, but serious, question for all you Texans about plan
>>>stamping:  Say that 6 Flags Amusement Park wanted to purchase a roller
>>>coaster ride from a German company.  It is to be built in San Antonio,
>>>a Texas engineering stamp is required.  The German company wants to hire a
>>>local engineer to stamp the design, but cannot because of the law
>>>plan stamping.  What does the German company do?
>>>Thanks.  Carl Sramek
>>This is an excellent question.  First, the Germans should hire a Texas
>>engineering firm to design (or redesign, or site-adapt) the roller
>>coaster.  It should be either a multi-discipline firm or a group of
>>firms, since the design will require MEP as well as structural.  The
>>design probably doesn't involve architecture, so the engineering firm
>>should be the prime professional.  Then, the Germans should hire that
>>firm or another Texas structural engineering firm to design (and seal)
>>the foundation system, based on a site-specific geotechnical
>>The point is that the Germans are not allowed to simply hire a local
>>engineer to review and seal their previously completed design.  The
>>project must be redrawn and respecified by an engineering firm that
>>employs full-time Texas PEs in each applicable discipline.  Please note,
>>however, that this firm does not need to be based in Texas.  The cost of
>>this "extra" engineering work must be borne by the Germans and,
>>hopefully, included in their price to Six Flags.
>>In actual practice, Six Flags tends to avoid purchasing turn-key rides.
>>They prefer to invent their own unique creations, and the detail design
>>work is done by local engineers.
>>Best Regards,
>>Stan R. Caldwell, P.E.
>>>Dallas, Texas 
>wouldn't the following section of the PE practice act apply? It doesn's say
>that the first engineer has to be registered in texas?
>§131.152. Engineers Shall Be Objective and Truthful. 
>(e) Engineers shall only issue work conforming with the board's sealing
>rules. However, an engineer, as a third party, may alter, complete,
>correct, revise, or add to the work of another
>engineer when engaged to do so by a client, provided:
>(1) the client furnishes the documentation of such work submitted to the
>client by the first engineer;
>(2) the first engineer is notified in writing by the second engineer of the
>engagement immediately upon acceptance of the engagement; and
>(3) any work altered, completed, corrected, revised, or added to shall have
>a seal affixed by the second engineer. The second engineer then becomes
>responsible for any alterations,
>additions or deletions to the original design including any effect or
>impact of those changes on the original engineer's design.
>Simon Solorio
I'm sorry Simon, but your interpretation is way too simple. 

First, when the Texas PE Board uses the term "Engineer", it specifically
means "a person who has been duly licensed by the Board to engage in the
practice of engineering in this state (Texas)".  This comes from the
Texas Engineering Practice Act, Section 2, Part 3.  Thus, the "first
engineer" in your scenario must also be a Texas PE.

Second,  as I understand it, the sole purpose of Board Rule 131.152 (e)
is to protect the interests of the first engineer on a project when
he/she resigns or is removed from an ongoing job, and the work is
subsequently awarded to another engineer.  Please note in Part (3) that
the first engineer continues to be responsible for all of the original
work that remains unaltered, and the second engineer becomes responsible
only for his/her actual subsequent design effort.  

Does this clear things up for you?

Stan Caldwell, P.E.
Dallas, Texas

Let's move the Cowboys from North Texas to Southern California.  
This might improve the morale in both regions!