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RE: CE/SE/residential construction/Texas PE laws/etc.

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Bill Sherman wrote:
> 
>The latest Texas PE laws shown on their web site require an engineering firm
>to have a licensed engineer "who is a full time employee of the firm" but it
>also states that the provisions do not prohibit a licensed engineer from
>performing engineering services on a "part time basis".  So maybe
>moonlighting is still allowed? 
> 
Perhaps, but what's the point?  The Texas PE Law clearly requires that a
firm cannot use a part-time relationship with an outside engineer as a
means to offer engineering services to the public.  A typical example
might be a small to medium sized design-build contractor.  In order to
offer engineering services to the public, the D/B contractor must employ
full-time PEs on its staff.  It can then supplement this staff with as
many PE moonlighters as it needs and can afford.  Board Rule 131.162
states:

"131.162. Firm Compliance. The board shall not consider any firm,
partnership, association, corporation, or other business entity as being
in compliance with the Texas Engineering Practice Act (Act), §17 and §18
unless a licensed professional engineer is a regular full-time employee
of the firm, partnership, association, corporation or other business
entity. The engineer shall provide to the Board evidence of such
employment upon its request. Although this rule does not prohibit a
licensed professional engineer from performing engineering services on a
part-time basis, such part-time work for a firm does not allow that firm
to offer engineering services or otherwise act in a manner not in
conformance with the Act. Branch or remote offices shall have a
full-time employee engineer directly supervising all engineering
performed in that office." 

Does that answer your question?

Stan Caldwell, P.E., in Gloomy Dallas

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NOTICE:  I know that there are other Texas PEs subscribing to this
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Please don't be bashful.  If each of you will take your turn fielding
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inquiries, maybe I can still get some billable work done this week!  
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