PE Newsletter

Published by the Texas Board of Professional Engineers, No 29, Spring 2000
Mail: P. O. Drawer 18329, Austin, Texas 78760-8329; Physical: 1917 IH 35, Austin, Texas 78741

Contents

Customer Service Initiative
Registration of Engineering Firms Introduction
Thanks to Outgoing Board Members

Welcome to New Board Members
Message from the Chairman
Meet Your New Executive Director
Residential Foundations News
Software Engineering News
Registration of Engineering Firms – Law & Rules
New Board Rules
Licensing News
Enforcement News


BOARD MEMBERS

Danny R. Perkins, Board Chair - Houston

E. D. "Dave" Dorchester, P.E., Board Vice-Chair - Midland

Brenda Bradley, P.E., Board Secretary - Houston

Edmundo R. Gonzalez, Jr., P.E. - Brownsville

Govind Nadkarni, P.E. - Corpus Christi

James R. Nichols, P.E. - Fort Worth

Vicki T. Ravenburg, CPA - San Antonio

Robert M. Sweazy, Ph.D., P.E. - Lubbock

Kathleen Campbell Walker - El Paso

STAFF

Victoria Hsu, P.E., Executive Director

Randi Warrington, Deputy Executive Director

Walter May, D. Min., P.E., Director of Licensing

Paul Cook, Director of Enforcement

 


Customer Service

In conjunction with Senate Bill 1563 enacted during the 76th Legislative Session, the Board is embarking on an aggressive campaign to improve customer service by implementing a customer satisfaction assessment plan as well as developing customer service standards.

As part of this new initiative, the Board's "Compact with Texans" will be published on the home page and will define our customer service standards and objectives for complaint handling, response times, and other agency functions. The customer service assessment survey regarding our quality of service is currently under development.

Some of the anticipated categories for evaluation are the Board's facilities, staff, communications, Internet site, the service complaint handling process, service timeliness, and printed information. We look forward to receiving your assessment of how well we are meeting your needs.

Remembering Joe Paul Jones, P.E.

Editor's Note: Our long-time friend and fellow engineer, Joe Paul Jones, P.E., died of cancer on July 24, 1999. He was to assume the chairmanship of the Texas Board of Professional Engineers in September 1999. Joe Paul's untimely death gives us reason to pause and consider his many contributions to the engineering profession and to mankind, in Texas and the nation.

"The characteristics that tomorrow's engineer should have: Flexibility, Common Sense, Education in Fundamentals of Engineering, the Desire to Learn, People Skills, and a Willingness to be More than a Technical Person, be a ‘True Professional.'" Quote by Joe Paul Jones from his speech at the 4th Annual Murdough Symposium, Texas Tech University, April 1991

Registration of Firms

During the first week in April 2000, the Board will initiate "Firm Registration" in accordance with House Bill 1544. Texas joins approximately ten other states requiring registration of engineering firms and approximately 22 other states requiring a certificate of authorization for engineering firms. The legislative requirement for firm registration includes sole proprietorships, which means that any engineer providing engineering services, including part-time consulting work, must register as a firm. Application forms are now available on the Board's home page (www.tbpe.state.tx.us). Firms are encouraged to comply with this new law as soon as possible.

Traditionally, the Board has "registered" individual engineers. However, in the future, the term "registered" will be applied only to engineering firms and the term "licensed" will refer to individual engineers. The Texas Engineering Practice Act, Section 17, has been amended to include registration of engineering firms. See article herein on Registration of Firms for information about the laws and rules related to this topic.

Thanks to Outgoing Board Members

The Texas Board of Professional Engineers expresses its sincere appreciation to outgoing Board Members Jose I. Guerra, P.E., Hubert Oxford III, Esq., and C. H. (Herb) Treat, Ph.D., P.E., for their valuable service to the engineering profession and the Board. Their commitment and dedication further enhanced the mission and goals of the Board through implementation of several new initiatives. During their tenure on the Board, Texas became the first state in the nation to license software engineers, and the first state to develop agreements regarding engineering practice with Mexico and Canada under the North American Free Trade Agreement. The Board also implemented firm registration and made noteworthy improvements in statewide awareness of the importance and significance of the professional engineering license and of the ethical practice of engineering. Several other significant improvements to the Engineering Practice Act and Board rules were made during their six-year tenure on the Board. Thank you, Jose, Hubert, and Herb, for your dedication to the engineering community and your many contributions to the citizens of Texas!

Welcome New Board Members

 On February 7, 2000, Governor George W. Bush appointed four new Board Members. We welcome them to the Board.

Govind Nadkarni, P.E., received his B.S. in Civil Engineering from Gujarat University (India) and M.S. in Civil Engineering from the University of Southern California. He established Govind and Associates, Inc., in 1984, which includes Civil, Structural, Survey & Marine Design services. In 1989, he established Indtech, Inc., which includes Mechanical, Electrical, Instrumentation and Process Design services. Govind serves as president of both firms. In 1993, he acquired Callins & Haggard, Inc., as an affiliate of Govind & Associates, Inc. He is a member of many professional societies, boards and commissions including cultural, humanitarian, and technical groups; and he has received numerous awards for his contributions. Govind and wife, Bhakti, have two children and live in Corpus Christi;

James R. Nichols, P.E., received his B.S. and M.S. in Civil Engineering from Texas A&M University. He was president of Freese & Nichols, Inc., Fort Worth, for 11 years before he assumed the chairmanship of the company in 1988, a position he still holds. His many technical accomplishments include such major assignments as principal in charge of $54 million worth of Freese & Nichols original work on the DFW International Airport, principal in charge of the $400 million Richland-Chambers Project, and major involvement in the Colorado Municipal Water District, and the West Central Texas Water District. Jim has been awarded many honors, including "Engineer of the Year" in Texas, several other technical awards and many humanitarian and civic awards. He has been extremely active in community service, having served as an officer on almost two dozen community organizations. Jim and his wife, Billie, reside in Fort Worth and have three children.

Vicki T. Ravenburg, CPA, is a native of Waco, Texas and graduated from the University of Texas at Austin in Business Administration with a major in accounting. Her entire career has been in public accounting and she is currently a shareholder and director in the CPA firm of Sagebiel & Ravenburg, P.C., where she is a tax partner. She is a member of the AICPA, a current board member of the TSCPE where she serves on several committees and a past president of the San Antonio Chapter of the TSCPA. She has also served on the IRS District Director's Practitioner Liaison Committee. Vicki served on the Board of Directors of Big Brother & Sisters-Alamo Area where she was also a big sister and a little sister mentor. She has served the March of Dimes and has been a literacy volunteer. She and her husband, George Weynand, reside in San Antonio. She has a stepson.

Robert M. Sweazy, Ph.D., P.E., of Lubbock is senior associate vice president for research and professor of civil engineering at Texas Tech University. He is the past president of the Universities Council on Water Resources and current memberships include the Society of Research Administrators, the National Council of University Research Administrators and the American Association for the Advancement of Science. Prior to entering the university administration, Bob served as President of the South Plains Chapter of the Texas Society of Professional Engineers and was awarded the chapter honor of "Engineer of the Year." He also has served as an officer in several societies, including the Texas Section of the American Society of Civil Engineers, the Texas Technology Transfer association, and Water, Inc. He earned his Ph.D. in Civil Engineering from the University of Oklahoma. He and his wife, Anne, have a daughter.

Message from the Board Chair

Danny R. Perkins

The Texas Board of Professional Engineers (TBPE) is on a fast track to the future. Since taking over as Board Chair in September 1999, the agency is pursuing with a renewed sense of urgency the important business of getting you, the customer, through the process faster and more conveniently than ever before. In addition, as part of our responsibilities to the citizens of Texas, we intend to enforce the Texas Engineering Practice Act in a more professional and efficient manner.

The registration of firms that offer engineering services in Texas is part of TBPE's Millennium Plan for the next decade. Customer service is and will continue to be the Board's main focus.

Licensing and enforcement will continue to be the crucial parts of the TBPE's service. But the key, the heartbeat of TBPE's operations, continues to be our commitment to service. Our licensing of engineers has experienced a continuous steady growth over the past several years, with engineering related accidents dropping to its lowest in recent history.

Our future is exciting, and the Board wants to be at the forefront as it moves into the next century. At the TBPE, we have the vision to create a more unified and service oriented agency to assist the public and the engineering community.

Meet Our New Executive Director

On February 7, 2000, Ms. Victoria J.L. Hsu, P.E., became the new executive director of the Board. As the executive director, Ms. Hsu serves as the administrator of the Board office and will provide the leadership to protect the public in all matters related to engineering through licensing engineers and engineering firms, and innovative activities in engineering education and industry. Ms. Hsu is a licensed professional engineer in Texas with an extensive background in environmental engineering and executive leadership in state government. She most recently served as Division Director in charge of air pollution permitting at the Texas Natural Resource Conservation Commission. Prior to her 19-year career with the State of Texas, Ms. Hsu was an environmental engineer with Espey Huston and Associates, Inc., in Austin. Ms. Hsu served as a Commissioner on the Water & Waste Water Utility Commission, City of Austin, from 1996 to 1998, and is currently a member of the City of Austin's Smart Growth Task Force. Ms. Hsu holds a Bachelor of Science in Atmospheric Sciences from the National Taiwan University, Taiwan, China, and a Master of Science in Engineering from the University of Texas at Austin. Victoria and her husband, Chi-Kao Hsu, P.E., reside in Austin and have three children, ages 14, 11, and 6.

Message from the Executive Director

When I interviewed with the Board for the executive director's position, I was asked why I wanted the job? Was it the kingdom, the power, or the glory? When it came to the issue of power, I said I believed that since we were in the business of public service we didn't have any power.

However, when I went home later that day, my six-year-old sat behind a newspaper practicing her reading. She sounded out the word POWER. I asked her if she knew what power was. She said, "Sure I do. There are two kinds of power. One is the kind
when you are very rich. The other kind is when you have the remote control and you can turn on the TV."

I suddenly realized that I was wrong about power. Each one of us is very powerful because power is the ability to influence other people. When each one of us strives for excellence, when each one of us struggles not just for an acceptable standard but a higher standard in everything we do, we inspire the people who come into contact with us. We influence them to do a better job, to have a better life. We can all be a positive force of power when we exercise the kind of power that comes from within, the kind that will not wither with age or diminish with or without the presence of external riches. Such power derives from the willingness to always strive for excellence and to always reach out for that higher standard.

The thousands of decisions and actions we take as professional engineers determine the effectiveness and the reputation of this profession. Your role is critical to the mission of the Board and the reputation of all professional engineers. As the new executive director of the Board, I want to challenge myself and you to become positive, powerful people. I want your input on what the Board can do to provide excellent customer service to you. I want your feedback on what higher standards we can reach for in order to achieve our mission of protecting the public's health, safety, and welfare.

I am excited about this opportunity to serve you and I look forward to working with you in making the Texas Board of Professional Engineers the most "powerful" public service agency it can be.

Thanks

The Board would like to extend it's thanks to Jimmy H. Smith, P.E., Professor & Director, Murdough Center for Engineering Professionalism, Texas Tech University, for serving as our Interim Executive Director from November 1, 1999 through February 7, 2000.

Residential Foundation News

Guidance on residential foundations was removed from the Board's Web site last summer due to considerable concerns voiced by several individuals and groups. The Board's Residential Foundation Committee has reconvened to consider the additional input. This committee is near completion of its second report. Meanwhile, ASCE has established two committees to study the same issue. The Board entered into its study because it was a serious statewide problem and little guidance was available. The Board welcomes this ASCE study as we believe guidance from the technical society is more appropriate than from the governing body.

Software Engineering News

In June 1998, Texas became the first state to license software engineers. This action had an influence on the recognition by ABET of software engineering as an engineering discipline. Subsequently, a committee formed by IEEE and ACM has developed a "body of knowledge" needed to serve as the basis for a national NCEES exam and curriculum in software engineering. Board Member Dave Dorchester, P.E., has spearheaded this effort from its inception.

Registration of Firms

Section 17: Texas Engineering Practice Act,

Sole Proprietorships, Firms, Partnerships, Corporations, and Joint Stock Associations.

(a) A sole proprietorship, firm, co-partnership, corporation, or joint stock association may engage in the practice of professional engineering in this State, provided:

(1) the entity is registered with the Board; and

(2) such practice is carried on by only professional engineers licensed in this State.

(b) To be registered under this section, an entity must file an application with the Board on a form provided by the Board. In addition to any other information required by Board rule, the application must list the name and address of each:

(1) officer or director of the entity; and

(2) person licensed to practice engineering who engages in the practice of engineering on behalf of the entity.

(c) The registration of an entity issued under this section is valid for one year and may be renewed by filing an updated application under Subsection (b) of this section.

The full text of House Bill 1544 can be found at: http://www.capitol.state.tx.us/tlo/76R/billtext/HB01544F.HTM

Newly Adopted Board Rules Related to Registration of Firms

§131.141. Authority. The Texas Board of Professional Engineers shall receive, evaluate, and process all applications for a certificate of registration issued under the authority of the Texas Engineering Practice Act (Act). Applications for the certificate of registration shall be accepted from all firms offering to engage or engaging in the practice of professional engineering for the public in this state. The Board has the authority under the Act to issue an annual certificate of registration to applicants that, subsequent to review and evaluation, are found to have met all requirements of the Act and Board rules. The Board has the authority under the Act to deny a certificate of registration to any applicant found not to have met all requirements of the Act and Board rules.

§131.142. Application for a Certificate of Registration.

(a) The Board may issue a certificate of registration only to applicant firms having submitted sufficient information to meet the requirements set forth in the Texas Engineering Practice Act (Act), §17 and this section.

(b) The authorized official of the firm shall complete the application form furnished by the Board including but not limited to the following listed in paragraphs (1)-(6) of this subsection:

(1) the name, address, and communication numbers of the firm;

(2) the name, position, address, communication numbers of each officer or director;

(3) the name, address, current Texas professional engineer license number of each full-time engineer performing engineering for the public in Texas on behalf of the firm;

(4) the name, location, and communication numbers of each subsidiary or branch office offering engineering services to the public in Texas;

(5) an affidavit attesting to the correctness and completeness of the application; and

(6) an annual registration fee as determined by the Board.

§131.143. Renewal and Expiration.

(a) The certificate of registration shall be valid until the last day of the 12th month following the date of issuance of the certificate of registration and may be renewed by filing an updated application and paying the annual registration fee set by the Board.

(b) No engineering services are to be offered or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.

(c) Notification in writing shall be given to the Board within 15 calendar days of:

(1) any change of the firm name;

(2) any change in the president or chief executive officer or lack of professional engineers of the firm;

(3) the dissolution of the firm; or

(4) the firm no longer offers to provide or is providing engineering services to the public in Texas.

(d) An expired certificate of registration may be renewed by filing an updated application, payment of the renewal fee, plus a penalty fee set by the Board. The Board may waive the penalty fee if the officer of the firm attests in writing that no engineering services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired.

(e) The penalty fee for the renewal of a certificate of registration may also include administrative penalties under the Texas Engineering Practice Act (Act), §22c and §131.167(i) of this title (relating to Disciplinary Actions).

(f) Notice in writing to the Board by the firm shall be given that the firm no longer offers or is providing engineering services to the public in Texas or the firm may be subject to administrative penalties.

(g) The application fee and renewal fee will not be refunded.

New Board Rules

TOPIC

SECTION

CHANGES

Board Meetings.

131.9

The months in which the meetings would normally be held were deleted.

Definitions.

131.18

The definitions of "Applicant," "Application," Certificate of Registration," and "Registration" were changed to include terminology regarding firm registration. The definition for "Firm" was added.

Self-Directed Project

131.21

A new Board rule added to address the Self-Directed Semi-Independent Agency Project Act (Texas Civil Statutes, Title 132, Article 8930).

Employee Training.

131.22

This Board rule was added to address the training and educational programs for Board employees.

Applications for a Professional Engineer License.

131.52

The alphabetical codes for the branches of engineering were changed from one character to three characters, and the branch for ship design was added. A rule was also added regarding the documentation of an applicant's immigration status in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Applications from Former TX License Holders.

131.54(7)

Changed the wording regarding the submission of the Texas Ethics of Engineering Examination with each new application filed.

References.

131.71(b)

One or more of the professional engineer references shall verify all engineering claimed to meet the minimum years of experience required.

Experience Evaluation.

131.81

The word References was changed to Professional engineer references. Added that the teaching of engineering subjects in an EAC/ABET-accredited program at the level of associate professor or higher is considered satisfactory engineering experience for licensing. The additions to 131.81(c) changes the credit granted for post-baccalaureate engineering degrees earned by applicants.

Educational Requirements

131.91(1)(B)(i)

Changes the wording regarding graduate degrees approved for licensing.

Degrees from Non-Accredited Programs.

131.92(a)

Adds that the degree evaluation sent directly to the Board by the evaluation service shall include an equivalency transcript.

Engineering Examinations

131.101

Changes the wording for applicants requesting a waiver from the Principles and Practice of Engineering examinations and added the ship design branch of engineering to the list of Group 2 examinations that are offered in the fall.

Expirations and Renewals.

131.134(2)

This amendment gives the Board the authority to set the annual renewal fee at any time during the year.

Registration of Firms

131.141-131.143

These new Board rules are the requirements for the registration of firms that are offering to engage or engaging in the practice of professional engineering for the public in the state of Texas.

Licensing News

Applications for a P.E. license are continuing to increase. In 1995, the average number of applications per month was 95; during February 2000, we received 165. The number of engineers maintaining their license is increasing only slightly. There were 47,933 engineers licensed in Texas as of February 2000, while there were 47,216 in February 1995. There are 11,059 engineers licensed in Texas who live in other states and 393 live in other countries. Since there are reported to be over 250,000 engineers in Texas and Texas is leading the Nation in technology, we should have more licensed professional engineers.

There is some confusion over who should be licensed in the exempt industries. Some major exempt industry employers have terminated engineers, then hired them back as contract employees. As contract employees, they must be licensed as professional engineers to perform engineering services for the company; also, they must be "registered" as a firm (see article on Firm Registration). This is a good example of why those people who do engineering in an exempt industry should be licensed so they can more easily move into the private engineering sector with the detours in their career paths.

Do you know an Engineer-in-Training? Have you offered to help that individual in preparing to apply for an engineering license? If not, do so today. You will be glad you did.

Enforcement News

DISCIPLINARY ACTIONS SINCE SEPTEMBER 1998

November 13, 1998 Board Meeting

*Mr. Norwood P. Fox, P.E., Port Arthur, TX - File D-696 - Mr. Fox allegedly submitted incomplete fire alarm plans to a political subdivision of the state for permitting purposes. The Board accepted an Agreed Board Order signed by Mr. Fox for a Formal Reprimand and assessed him a $1,000 administrative penalty.

Mr. Roy Hearnsberger, P.E., Houston, TX - File D-940 - Mr. Hearnsberger allegedly submitted a competitive bid proposal for engineering services to a political subdivision of the state that contained lump sum and price quotes for engineering services. The Board accepted a Consent Order signed by Mr. Hearnsberger for a Formal Reprimand and assessed him a $1,500 administrative penalty.

Mr. David M. Olive, P.E., Houston, TX - File D-906 - Mr. Olive allegedly aided and abetted an employee in the unlicensed practice of engineering by failing to provide adequate direct supervision over the employee. The Board accepted a Consent Order signed by Mr. Olive for a Formal Reprimand and assessed him a $1,000 administrative penalty. Mr. Olive agreed to submit a plan of action to prevent similar infractions in the future.

*Mr. John Larkin Wilson, P.E., San Antonio, TX - File D-946 - Mr. Wilson allegedly allowed his name to be listed on a business card for a firm that did not have a Texas licensed professional engineer as a regular full-time employee. This relationship allowed the firm to unlawfully represent itself as having the ability to offer and/or perform engineering services. The Board accepted a Consent Order signed by Mr. Wilson for a one-year probated suspension of his Texas engineer license, contingent upon his payment of a $1,500 administrative penalty.

Mr. Warren D. Bonisch, Richardson, TX - File E-2629 - Mr. Bonisch allegedly identified himself as a professional engineer by using the designation "P.E." on his business card. Board records did not show that Mr. Bonisch was a Texas licensed professional engineer. The Board accepted a Consent Order signed by Mr. Bonisch to cease and desist using the designation "P.E." on documents issued in Texas until he becomes licensed in Texas. Mr. Bonisch agreed to the assessment of a $1,500 administrative penalty.

Elert & Associates, Stillwater, MN - File B-13500 - A proposal from this firm allegedly identifying individuals as professional engineers was submitted to a political subdivision of the state for a project that required engineering services. Board records did not show this firm as having a regular full-time employee licensed in Texas as a professional engineer, or that the individuals listed in the proposal were licensed in Texas as professional engineers. The Board accepted a Consent Order from the firm signed by Mr. Gary Elert, the firm's president, to cease and desist from any and all representations offering or indicating it can perform engineering services in Texas. This includes submitting proposals to any entity in Texas requesting engineering services and any actual practice of engineering for the public of Texas until the firm hires a Texas licensed professional engineer as a regular full-time employee. It was also ordered that the firm would discontinue identifying its employees who are not licensed in Texas as "Engineers" in documentation submitted in Texas. The firm agreed to pay a $3,000 administrative penalty.

Mr. Robert E. Medford, Lufkin, TX - File B-13141 - Mr. Medford allegedly prepared engineering design plans for a building in Lufkin, Texas, that were required to have been designed by a professional engineer. Board records did not show that Mr. Medford was a Texas licensed professional engineer. The Board accepted a Consent Order signed by Mr. Medford and his attorney to cease and desist from the offer to perform, and the actual performance of, engineering services for the public of Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Medford agreed to pay a $500 administrative penalty.

February 12, 1999 Board Meeting

*Mr. Marco Anthony Arrendondo, P.E., Portland, TX - File D-883 - Mr. Arrendondo allegedly submitted a statement regarding his firm's qualifications that was used in a proposal for engineering services which contained misleading statements and embellishments concerning the types of engineering services the firm could provide and the personnel employed by his firm. The Board accepted a Consent Order signed by Mr. Arrendondo and his attorney for a one-year probated suspension of his Texas engineering license contingent upon his payment of a $1,250 administrative penalty and the completion of the ethics course at Texas Tech University within six months from the date the order is accepted by the Board. Mr. Arrendondo did not complete the ethics course as required, therefore his engineering license was suspended without probation until February 12, 2000. Since he completed the course shortly thereafter, he requested the suspension be lifted and the Board agreed.

*Mr. Rosario R. Carrillo, P.E., San Antonio, TX - File D-883 - Mr. Carrillo allegedly submitted a statement regarding his firm's qualifications used in a proposal for engineering services. The statement contained misleading statements and embellishments concerning the types of engineering services the firm could provide and the personnel employed by his firm. The Board accepted an Agreed Board Order signed by Mr. Carrillo and his attorney for a Formal Reprimand and assessed him a $1,250 administrative penalty. Mr. Carrillo agreed to submit a policy statement incorporating corrective measures implemented by his company to prevent similar violations.

Mr. Max Leon Hughes, P.E., Houston, TX - File D-939 - It was alleged that a competitive bid proposal for engineering services was submitted to a political subdivision of the state by Mr. Hughes' firm which contained per hour and lump sum price quotes for engineering services. Although Mr. Hughes did not sign the proposal, it appears he failed to ensure that the proposal conformed to Board rules prohibiting competitive bidding for engineering services. The Board accepted a Consent Order signed by Mr. Hughes for a Formal Reprimand and assessed him a $1,500 administrative penalty.

*Mr. Oscar Lopez, P.E., Pharr, TX - File D-882 - Mr. Lopez allegedly submitted a statement regarding his firm's qualifications used in a proposal for engineering services which contained misleading statements and embellishments concerning the types of engineering services the firm could provide. The proposal also identified individuals as "Engineers" who were not licensed in Texas as professional engineers. The Board accepted a Consent Order signed by Mr. Lopez and his attorney for a Formal Reprimand and assessed him a $2,500 administrative penalty. Mr. Lopez agreed to submit a policy statement incorporating corrective measures implemented by his company to prevent similar violations.

*Mr. Widjaya Surya Atmadja, P.E., Austin, TX - File D-978 - Mr. Atmadja allegedly failed to use site specific geotechnical soil studies to prepare a residential foundation design. Further, statements on the plan sheet that the design was based upon unconfirmed assumptions about the soil's stability were misleading and not in keeping with generally accepted engineering practices. The Board accepted a Consent Order signed by Mr. Atmadja for a Formal Reprimand and assessed him a $500 administrative penalty.

*Mr. Michael James Klink, P.E., Kemp, TX - File D-878 - Mr. Klink allegedly aided and abetted the unlicensed practice of engineering by affixing his Texas engineer seal to three utility reports containing engineering calculations completed by his client who was not a Texas licensed professional engineer. The Board accepted a Consent Order signed by Mr. Klink for a one-year probated suspension of his Texas engineer license contingent upon his payment of a $3,000 administrative penalty. NOTE: Mr. Klink failed to pay the administrative penalty within the specified time period violating the terms of his probation; therefore, the probation was lifted and the license suspended for 11 months.

Anthony & Sylvan Pools Corporation, Dallas, TX - File B-13495 - This firm allegedly represented the ability to offer and/or provide engineering services by using the words "Engineering" and "Engineered" on their contract documents and only retained the services of a Texas licensed professional engineer to seal drawings prepared by their in-house staff. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Richard Kelso, Corporate Officer, to cease and desist from offering to perform and the actual performance of engineering services, to discontinue the use of the words "Engineering" and "Engineered" on company contracts and advertisements and any and all representations that the firm can offer or provide engineering services for the public of Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The firm agreed to pay a $3,500 administrative penalty.

CE Tool Engineering, Inc., Fort Worth, TX - File B-13538 - This firm allegedly used the word "Engineering" in its name, listed its name under the "Engineers-Professional" heading in classified telephone directories and represented that its employees performed engineering services. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. J. M. Bass, the firm's president, to cease and desist offering to perform and the actual performance of engineering services, to delete the word "Engineering" from the firm name and firm advertisements and to delete the firm's listing under the heading of "Engineers-Professional" in classified telephone directories until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The Order waived an administrative penalty because the firm represented that it had ceased operations and had no assets.

JLP Enterprises, Inc., Dallas, TX - File B-13601 - It was alleged that a request for proposal issued on behalf of this firm to a contractor for a HVAC project for a city hospital represented that this firm would be the project "Engineer" and would review, approve and seal necessary drawings. Board records did not show a Texas licensed professional engineer as a regular full- time employee with this firm. The Board accepted a Consent Order signed by Mr. J. Laurence Purdy, the firm's president, to cease and desist offering to perform and/or the actual performance of engineering services, discontinue the use of the title "Engineer" in proposals and other documentation and any other representations that it can offer or provide engineering services for the public of Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The firm also agreed to pay a $1,500 administrative penalty.

John Basinger Engineering Consultants, Inc., Dallas, TX - File F-1859 - It was alleged that this firm's use of the word "Engineering" represents that it could offer and/or actually provide engineering services for the public of Texas. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. John Basinger, the firm's director, to cease and desist from offering to perform and/or the actual performance of engineering services, to delete the word "Engineering" from its name, to discontinue the use of the word "Engineering" in any of its advertisements and any other representations that it can offer or provide engineering services for the public of Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The firm also agreed to pay a $500 administrative penalty.

Sarkar & Associates, Inc., Houston, TX - File B-13464 - It was alleged that a fee schedule for services provided by this firm represented that it offered and/or provided engineering services, and that letters from the firm to clients displayed the title "Consulting Engineers" and represented that this firm could issue reports with engineering recommendations. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted an Agreed Board Order signed by Mr. Shondeep L. Sarkar, the firm's president, to cease and desist from offering to perform and/or the actual performance of engineering services, to discontinue the use of "Engineer" and/or "Engineering" titles in advertisements and fee schedules and any other representations that it can offer or provide engineering services for the public of Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The firm also agreed to pay a $5,000 administrative penalty.

West Rusk County Consolidated Independent School District (WRCCISD) and Administrative Staff, Dr. Tyrus Raymond Mills, Jr., New London, TX - Files G-569 and B-13531 - The WRCCISD and staff allegedly failed to ensure that new roof projects for campus facilities were designed and construction supervised by Texas licensed professional engineers. The Board accepted a Consent Order signed by Mr. Curtis Reddic, Chairperson, WRCCISD, and Dr. Mills, to employ Texas licensed professional engineering services when required by law. WRCCISD and Dr. Mills agreed to pay a $3,000 administrative penalty.

June 23,1999 Board Meeting

Mr. D. M. Robinson, P.E., Houston, TX - File D-995 - It was alleged that advertising for Mr. Robinson's firm indicated that all inspection reports were performed and prepared by engineers; however, a structural engineering inspection at a residence was performed, and the subsequent report issued, by an employee of Mr. Robinson's firm who was not a Texas licensed professional engineer. Therefore, it appeared that the advertising was misleading. The Board accepted a Consent Order signed by Mr. Robinson for a Formal Reprimand and assessed him a $1,500 administrative penalty.

*Mr. William S. Thomas, P.E., Amarillo, TX - File D-886 - Mr. Thomas allegedly signed his name and affixed his Texas engineer seal to electrical, mechanical and plumbing engineering design plans for a local church that were not prepared by him or under his direct supervision. It was also alleged that Mr. Thomas was not qualified by education and/or experience to have adequately and competently performed the electrical, mechanical and plumbing designs. The Board accepted an Agreed Board Order for a two year probated suspension of his Texas engineer license contingent upon his payment of a $5,000 administrative penalty and submission of a written plan of corrective measures to prevent future violations of a similar nature.

*Mr. Neil Dean Cable, P.E., Claremore, OK - File D-1012 - Mr. Cable allegedly entered into a relationship with a firm in Texas that did not have a Texas licensed professional engineer as a regular full-time employee which resulted in the firm unlawfully representing itself as having the ability to offer and/or provide engineering services. It was also alleged that Mr. Cable signed and affixed his Texas engineer seal to engineering designs and calculations that were prepared by an employee of that firm not under his direct supervision. Mr. Cable also failed to notify the Board of his change in firm association and correct mailing address. The Board accepted a Consent Order signed by Mr. Cable for a one-year probated suspension of his Texas engineer license contingent upon payment of a $3,000 administrative penalty.

*Mr. Forrest Thomas Powers, P.E., Austin, TX - File D-779 - Mr. Powers submitted designs for a storm water drainage project that allegedly contained deficiencies that were not in keeping with generally accepted engineering standards and procedures. The Board accepted an Agreed Board Order signed by Mr. Powers for a Formal Reprimand and assessed him a $1,500 administrative penalty.

*Mr. J. A. Saldana, P.E., San Marcos, TX - File D-887 - Mr. Saldana allegedly aided and abetted the unlicensed practice of engineering by providing stick-on copies of his Texas engineer seal and signature to an individual who was not licensed in Texas as a professional engineer to affix to structural engineering design plans for a church. The designs, which were not initially reviewed by Mr. Saldana, were inadequate, and if not corrected, could have resulted in the endangerment of the public. The Board accepted an Agreed Board Order signed by Mr. Saldana and his attorney for a six-year suspension of Mr. Saldana's Texas engineer license with the final four years to be probated contingent upon payment of a $3,000 administrative penalty.

*Mr. David Weldon Knight, P.E., Humble, TX - File D-918 - Mr. Knight's alleged lack of control over his employee resulted in the employee's release of information regarding the results of a structural inspection of a residence to a potential buyer without Mr. Knight's client's prior approval. The Board accepted an Agreed Board Order signed by Mr. Knight for a Formal Reprimand and assessed him a $750 administrative penalty.

Charles Ernest Steinman, P.E., Austin, TX - File D-943 - Mr. Steinman allegedly signed his name and affixed his Texas engineer seal to electrical control system plans for a wastewater improvement project that were not prepared by him or under his direct supervision. The Board accepted an Agreed Board Order signed by Mr. Steinman and his attorney for a Formal Reprimand and assessed him a $750 administrative penalty.

*Mr. Bradley Wayne Shaw, P.E., Kingsland, TX - File D-982 - It was alleged that design plans prepared by Mr. Shaw pertaining to a subdivision water system project were incomplete, substandard and lacked sufficient detail to demonstrate compliance with public water system rules and regulations. The Board accepted an Agreed Board Order signed by Mr. Shaw for a Formal Reprimand and assessed him a $500 administrative penalty.

*Mr. Chandler Prakash Nangia, P.E., Houston, TX - File D-945 - Mr. Nangia was sanctioned by the Oklahoma State Board of Professional Engineers and Land Surveyors for allegedly signing and affixing his Oklahoma engineer seal to design plans under the name of a company that was not licensed in Oklahoma to offer or provide engineering services. The disciplinary action by the Oklahoma Board subjected Mr. Nangia to disciplinary action by the Texas Board. The Board accepted a Consent Order signed by Mr. Nangia for a one year probated suspension of his Texas engineer license contingent upon payment of a $1,500 administrative penalty.

Mr. Juan Antonio Rendon, Houston, TX - File D-1029 - Mr. Rendon allegedly was licensed in Texas as a professional engineer in error. Therefore, he agreed to voluntarily surrender his Texas engineer license after which the Board ordered the license revoked.

Maxim Technologies, Inc., Dallas, TX - File E-2651 - A competitive bid proposal for engineering services from this firm was allegedly submitted to a political subdivision of the state that contained quantity and unit price quotes for the required engineering services and listed individuals who were not licensed in Texas as professional engineers with the designation "P.E." The Board accepted a Consent Order signed by Mr. James T. Haney, P.E., the firm's chief executive officer, and its attorney to cease and desist submitting cost-related information for engineering services in proposals for public works projects and to discontinue the use of the designation "P.E." to identify individuals who are not licensed in Texas as professional engineers. The firm agreed to pay a $2,500 administrative penalty.

Anderson Engineering, Inc., Springfield, MO - File F-1878 - This firm allegedly filed a certificate of authority to do business in Texas and represented that the firm would offer and/or provide engineering services for the public of Texas. Subsequently, an employee of the firm prepared engineering designs and calculations for three retail stores being built in Texas. Board records did not show a Texas licensed professional engineer as a regular full-time employee of this firm. The Board accepted a Consent Order signed by Mr. Steven L. Brady, the firm's president, to cease and desist offering to perform and/or the actual performance of engineering services, to delete the word "Engineering" from its name and from the representation that it can offer and/or perform engineering services in Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The firm agreed to pay a $4,000 administrative penalty.

Mr. John L. Wilson, Houston, TX - File E-2655 - Mr. Wilson allegedly used the designation "P.E." after his name on a report submitted in conjunction with a lawsuit being heard in a Texas court. Board records did not show that Mr. Wilson was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Wilson to cease and desist any and all representations that he can offer and/or perform engineering services and to immediately discontinue the use of the designation "P.E." after his name on documents issued in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Wilson agreed to pay a $500 administrative penalty.

Mr. Bobby Neil Stewart, Humble, TX - File B-13663 - Mr. Stewart allegedly identified himself as a professional engineer by using the designation "P.E." and license number "64447" after his name in a proposal to perform engineering services submitted by his firm to a political subdivision of the state. Board records did not show that Mr. Stewart was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Stewart to cease and desist from any and all representations that he can offer and/or perform engineering services, to immediately discontinue the use of the designation "P.E.," the title "Engineer," and license number "64447" after his name on documents and the practice of engineering in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Stewart agreed to pay a $1,500 administrative penalty.

Mr. William M. Jasper, Dallas, TX - File B-13797 - Mr. Jasper allegedly signed his name and affixed his Texas engineer seal to an air quality permit application after the date his Texas engineer license had expired and became non-renewable. The Board accepted a Consent Order signed by Mr. Jasper to cease and desist from the unlicensed practice of engineering, using the title "professional engineer" or the designation "P.E.," and affixing his Texas engineer seal to any document issued in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Jasper agreed to pay a $3,500 administrative penalty.

Mr. Robert Michael Steckel, Cedarburg, Wl - File B-13886 - Mr. Steckel allegedly prepared a foundation design plan for a department store that was submitted to a city for permitting. Board records did not show that Mr. Steckel was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Steckel to cease and desist from the practice of engineering and any and all representations that he can offer or perform engineering services in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Steckel agreed to pay a $2,000 administrative penalty.

Mr. Morgan Garner, Friendswood, TX - File B-13922 - Mr. Garner allegedly performed an engineering inspection of a residence and identified himself in the inspection report as a "Consulting Engineer." Board records did not show that Mr. Garner was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Garner to cease and desist from the practice of engineering and the use of any "Engineer" title in Texas that is not authorized by law until such time as he becomes licensed in Texas as a professional engineer. Mr. Garner agreed to pay a $2,000 administrative penalty.

Dimensional Engineering & Consulting Services, Inc., Houston, TX - File F-1912 - It was alleged that this firm used the word "Engineering" in its name and represented that the engineering services provided by this firm were not performed by or under the direct supervision of a Texas licensed professional engineer. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. David W. Crawford, the firm's director, to cease and desist offering to perform and/or the actual performance of engineering services, to delete the word "Engineering" from it name, to discontinue the use of the word "Engineering" in any of its advertisements and any other representations that it can offer or provide engineering services for the public of Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The firm also agreed to pay a $2,500 administrative penalty.

Mr. Rankin A. Curtis, Nacogdoches, TX - File E-2661 - Mr. Curtis allegedly used the designation "P.E." after his name in a letter to the Board which also reflected that he had established a business in Texas that used the word "Engineering" in the company name. Board records did not show that Mr. Curtis was a Texas licensed professional engineer or that the business had a Texas licensed professional engineer as a regular full-time employee. The Board accepted a Consent Order signed by Mr. Curtis to cease and desist from any and all representations that he can offer and/or perform engineering services, to immediately discontinue the use of the designation "P.E." after his name on documents and to delete the word "Engineering" from his company name in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Curtis agreed to pay a $500 administrative penalty.

Mr. Kevin Dee Saxon, Plano, TX - File B-13468 - Mr. Saxon allegedly established a business in Texas that used the word "Engineering" in the company name and represented that his "in-house" staff would provide engineering drawings and reports. Board records did not show that the business had a Texas licensed professional engineer as a regular full-time employee. The Board accepted an Agreed Board Order signed by Mr. Saxon to cease and desist from any and all offers to perform or the actual performance of engineering services and to delete the word "Engineering" from his company name in Texas until such time as he hires a Texas licensed professional engineer as a regular full-time employee. Mr. Saxon agreed to pay a $500 administrative penalty.

Mr. Mike Fry, Paris, TX - File B-13883 - Mr. Fry allegedly performed engineering services for two clients involved in the construction of earthen dams on their property. The Board accepted a Consent Order signed by Mr. Fry to cease and desist from the practice of engineering and any and all representations that he can offer or perform engineering services in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Fry agreed to pay a $2,000 administrative penalty.

E.C.U. Environmental Services, Inc., Dallas, TX - File B-13418 - This firm allegedly took a geotechnical investigation report that had been performed by a Texas licensed professional engineer as a consultant to this firm, altered some of the data in the report and republished the report under its name which reflected that the investigation had been performed by this firm. Board records did not show that this firm had a Texas licensed professional engineer as a regular full-time employee. The Board accepted an Agreed Board Order signed by Dr. George Njoku, the firm's president, to cease and desist from offering to perform and/or the actual performance of engineering services and from the representation that it can offer and/or perform engineering services in Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee.

September 10, 1999 Board Meeting

*Mr. Nathan L. Kiser, P.E., Seguin, TX - File D-1069 - It was alleged that during an inspection of a residence and his subsequent report, Mr. Kiser's statements that damage had been caused by flooding were false and misleading. It was also alleged that Mr. Kiser failed to disclose a possible conflict of interest situation because of his relationship with the company he recommended as the contractor to perform repairs and he failed to notify the Board of a change in firm association. The Board accepted a Consent Order signed by Mr. Kiser and his attorney for a two-year probated suspension of his Texas engineer license contingent upon his agreement to pay a $4,000 administrative penalty.

*Mr. Martin Prager, P.E., Dallas, TX - File D-960 - It was alleged that Mr. Prager issued foundation design plans for a residence that indicated they were in conformance with Post Tension Institute standards; however, the design was not based upon a site-specific geotechnical soils report. Therefore, his designs were misleading and not in keeping with generally accepted engineering standards or procedures. The design plans bore the title block of a firm which Board records did not show Mr. Prager was associated with, suggesting that he may have entered into a business relationship contrary to Board rules. The Board accepted an Agreed Board Order signed by Mr. Prager and his attorney for a two-year probated suspension of his Texas engineer license contingent upon his agreement to pay a $5,000 administrative penalty. Mr. Prager also agreed to inform the Board of each engineering activity he performs during the probation period.

John B. Adair and W. G. Adair & Son, Inc., dba The Adair Company of Spring, Spring, TX - File B-13941 - It was alleged that Mr. John Adair prepared engineering calculations and signed a report as the engineer who certified predominant use studies used by a business to obtain sales tax exemptions. Board records did not show that Mr. Adair was a Texas licensed professional engineer nor that The Adair Company had a Texas licensed professional engineer as a regular full-time employee. The Board accepted a Consent Order signed by Mr. Adair to cease and desist from the practice of engineering, signing reports as an engineer, the performance of engineering calculations and the representation of the ability to offer and/or perform engineering services for the public of Texas until such time as either Mr. Adair becomes licensed in Texas as a professional engineer or the firm hires a Texas licensed professional engineer as a regular full-time employee. Mr. Adair agreed to pay a $2,000 administrative penalty.

Mr. Swapan Das, Houston, TX - File B-13842 - It was alleged that Mr. Das identified himself as "Consulting Engineer" and used the designation "P.E." on a report addressing an engineering inspection he conducted at a residence. Board records did not show that Mr. Das was licensed in Texas as a professional engineer. The Board accepted an Agreed Board Order signed by Mr. Das to cease and desist from the practice of engineering, the use of the

designation "P.E." after his name and the use of any "Engineer" title not authorized by law on any documents issued in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Das also agreed to pay a $2,000 administrative penalty.

Engineered Protection Systems, Inc., Houston, TX - B-13961 - It was alleged that this firm used the word "Engineered" in its name and represented that the engineering services provided by this firm were not performed by or under the direct supervision of a Texas licensed professional engineer. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. Daniel Weiss, the firm's president, to cease and desist offering to perform and/or the actual performance of engineering services, to delete the word "Engineered" from its name, to discontinue the use of the word "Engineered" in any of its advertisements and any other representations that it can offer or provide engineering services for the public of Texas until such time as the firm hires a Texas licensed professional engineer as a regular full-time employee. The firm also agreed to pay a $1,500 administrative penalty.

Gagliardi Group, Inc., Arlington, TX - File B-13912 - It was alleged that this firm used the word "Engineering" its title block and the words "Engineer" and "Engineering" to describe, titles, experience and services offered on the firm's Internet Web site. It was also alleged that the Web site included a copy of a Standard Form 254, Architect-Engineer Related Services Questionnaire, which is used to procure contracts that showed the company had one electrical and two mechanical engineers as full-time employees. Board records did not show this firm as having any regular full- time employees who were licensed in Texas as professional engineers. The Board accepted a Consent Order signed by Ms. Deborah Ruth Gagliardi, the firm's president, to cease and desist from using the words "Engineer" and "Engineering" to describe titles, experience and services provided and the representation that the company has the ability to offer and/or perform engineering services in Texas in any of its advertisements until such time as the firm hires a regular full-time employee who is licensed in Texas as a professional engineer. The firm also agreed to pay a $1,500 administrative penalty.

Mr. Gregory N. Garced, Harlingen, TX - File E-2660 - It was alleged that Mr. Garced used the designation "P.E." after his name on the cover page of a geotechnical engineering study which had been prepared by a Texas licensed professional engineer, and on his business cards. Board records did not show that Mr. Garced was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Garced to cease and desist from using the designation "P.E." and any other "Engineer" title not authorized by law after his name on any and all documents issued in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Garced also agreed to pay a $1,500 administrative penalty.

Mr. Federico (Fred) Gatewood, El Paso, TX - File B-13843 - It was alleged that a marketing letter for Mr. Gatewood's firm, A M Designs, offered mechanical and electrical engineering services, yet the engineering services provided by this firm were not performed by or under the direct supervision of a Texas licensed professional engineer. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. Gatewood to cease and desist from any and all representations that he and his company are able to offer and/or perform engineering services and from the actual practice of engineering in Texas until such time as he hires a Texas licensed professional engineer as a regular full-time employee. Mr. Gatewood also agreed to pay a $2,000 administrative penalty.

Mr. William Frank Perino, Von Ormy, TX - File B-12773 - It was alleged that Mr. Perino used the designation "P.E." after his name and affixed his Texas engineer seal to two reports for engineering inspections that he performed after his Texas engineer license expired and became non-renewable. The Board accepted an Agreed Board Order signed by Mr. Perino to cease and desist from the practice of engineering, the use of the designation "P.E." after his name and the use of his Texas engineer seal until such time as he becomes licensed in Texas as a professional engineer. Mr. Perino also agreed to pay a $2,500 administrative penalty.

TAMS Consultants, Inc., New York, NY - File B-14154 - It was alleged that this firm entered into an agreement to provide an engineering inspection of a dam in Texas, which was subsequently performed by Mr. Ingo Fox, Mr. J. H. Patel and Mr. M. Derin, employees of the firm. Board records did not show that these individuals were licensed in Texas as professional engineers at the time of the inspection. The Board accepted a Consent Order signed by Mr. Anthony R. Dolcimascolo, the firm's president, and its attorney, to cease and desist from offering or actually performing engineering services in Texas unless those services are performed or directly supervised by employees of the firm who are licensed in Texas as professional engineers. The firm also agreed to pay a $12,000 administrative penalty.

Mr. Bruno Tchoutatowa, Houston, TX - File B-13901 - It was alleged that Mr. Tchoutatowa used the word "Engineering" in his company name, TOWA Engineering, which was listed in the October 1998 Houston classified telephone directory, and acknowledged that he was pursuing contracts in Texas that would require his company to provide engineering services. Board records did not show a Texas licensed professional engineer as a regular full-time employee who is licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Tchoutatowa to delete the word "Engineering" from his company name, and to cease and desist advertising with the word "Engineering" in his company name, from offering or performing engineering services and any other representations that he can offer or perform engineering services and any other representations that he can offer or perform engineering services until such time as his company hires a regular full-time employee who is licensed in Texas as a professional engineer. Mr. Tchoutatowa also agreed to pay a $2,000 administrative penalty.

Texas International Marine Engineers, Inc., Houston, TX - File B-13895 - It was alleged that this firm used the word "Engineers" in its name, listed its name under the heading of "Engineers-Professional" in the October 1998 Houston classified telephone directory and represented that the engineering services offered by the firm would be performed by contractors who were licensed in Texas as professional engineers. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. William Stuart, the firm's president, to cease and desist from offering and/or performing engineering services for the public of Texas, to delete the word "Engineers" from the firm name, to delete the firm's listing under the heading of "Engineers-Professional" in future telephone directories and to discontinue any other representations that the firm can offer or perform engineering services until such time as the firm hires a regular full-time employee who is licensed in Texas as a professional engineer. The firm also agreed to pay a $2,000 administrative penalty.

December 10, 1999 Board Meeting

Mr. James F. Bailey, P.E., Magnolia, TX - File D-1131 - It was alleged that Mr. Bailey signed his name and affixed his Texas engineer seal to foundation, mechanical, electrical and plumbing design plans and a drainage certificate for one project, and to a foundation design plan for another project during a period when his Texas engineer license was expired. It was also alleged that he signed his name and affixed his Texas engineer seal to an architectural elevation plan sheet, thereby practicing in an area which he was not qualified by education or experience. The Board accepted a Consent Order signed by Mr. Bailey for a one-year probated suspension of his Texas engineer license contingent upon his agreement to pay a $2,000 administrative penalty.

Fratto Engineering, Arlington, TX - File E-2679 - It was alleged that a business card under this firm's name for Mr. Jim D. Dallas reflected the designation "P.E." after his name. Board records did not show that Mr. Dallas was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Mark S. Fratto, P.E., the firm's president, to cease and desist from identifying employees with the designation "P.E." or any other "Engineer" title not authorized by law unless they are licensed in Texas as professional engineers. The firm also agreed to pay a $1,500 administrative penalty.

Bio-Engineering International Services, Inc., Katy, TX - File B-13785 - It was alleged that this firm used the word "Engineering" in its name, listed its name under the heading of "Engineers-Professional" in the October 1998 Houston classified telephone directory and represented that the engineering services offered by the firm were not performed by Texas licensed professional engineers. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted an Agreed Board Order signed by Mr. J. A. Rowe, the firm's president, to cease and desist from offering and/or performing engineering services for the public of Texas, to delete the word "Engineering" from the firm name, to delete the firm's listing under the heading of "Engineers-Professional" in future telephone directories and to discontinue any other representations that the firm can offer or perform engineering services until such time as the firm hires a regular full-time employee who is licensed in Texas as a professional engineer. The firm also agreed to pay a $3,000 administrative penalty.

EG&G, Inc., Engineered Products & Services, Wellesley, MA - File F-1866 - It was alleged that prior to this firm's employee, Mr. Tom Doggart, P.E., becoming licensed in Texas as a professional engineer, engineering services in Texas were not being performed or directly supervised by Texas licensed professional engineers. The Board accepted a Consent Order signed by Mr. Robert A. Barrett, this firm's vice-president, assessing the firm a $2,000 administrative penalty.

Jacobs Engineering Group, Inc., Pasadena, CA - File E-2654 - It was alleged that a business card under this firm's Houston, Texas, office name for Mr. Robert (Bob) E. Watson identified him as an "Engineer" with the designation "P.E." after his name. Board records did not show that Mr. Watson was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Peter E. Kelly, the firm's vice-president for Houston operations, to cease and desist from identifying employees with the designation "P.E." or any other "Engineer" title not authorized by law unless they are licensed in Texas as professional engineers. The firm also agreed to pay a $1,500 administrative penalty.

K. I. Engineering, Inc., Houston, TX - File F-1971 - It was alleged that this firm's use of the word "Engineering" in its name represents that it could offer and/or provide engineering services for the public of Texas. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. Kourosh Iranpour, this firm's registered agent and incorporator, to cease and desist from using the word "Engineering" in the firm's name and any representations that the firm can offer and/or perform engineering in Texas until such time as the firm hires a regular full-time employee who is licensed in Texas as a professional engineer. The firm also agreed to pay a $500 administrative penalty.

Messrs. Mario Sanchez and Juaquin Herrera, dba M J Designers, Houston, TX - File B-14193 - It was alleged that Messrs. Sanchez and Herrera, under their firm name, prepared foundation, mechanical, electrical and plumbing engineering plans for a church construction project. Board records did not show that Messrs. Sanchez or Herrera were licensed in Texas as professional engineers. The Board accepted a Consent Order signed by Messrs. Sanchez and Herrera to cease and desist from the practice of engineering, to discontinue any representations that they or their firm can offer or perform engineering services and to cancel any current or future, proposals, solicitations, and contracts to provide engineering services in Texas until such time as they become licensed in Texas as professional engineers or their firm hires a Texas licensed professional engineer as a regular full-time employee. Messrs. Sanchez and Herrera also agreed to pay an $8,000 administrative penalty.

The Rectorseal Corporation, Houston, TX - File B-14160 - It was alleged that this firm used the phrase "Engineering Judgement" on product design sheets and represented that the engineering services offered by the firm were not performed by Texas licensed professional engineers. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted a Consent Order signed by Mr. David M. Smith, the firm's president and director, to cease and desist from offering and/or performing engineering services for the public of Texas, to delete the word "Engineering" from its product design sheets and any other documents, and to discontinue any other representations that the firm can offer or perform engineering services until such time as the firm hires a regular full-time employee who is licensed in Texas as a professional engineer. The firm also agreed to pay a $2,000 administrative penalty.

Mr. Charles R. Russell, Houston, TX - File E-2675 - It was alleged that Mr. Russell used the designation "P.E." on his business card under the firm name, I. T. Search, and identified himself as a "Registered Chemical Engineer" on his Internet Web site. Board records did not show that Mr. Russell was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Russell to cease and desist from using the designation "P.E." or any other "Engineer" title not authorized by law to identify himself in any and all types of advertisements in Texas and to discontinue any other representations that he can offer and/or perform engineering services in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Russell also agreed to pay a $1,500 administrative penalty.

S.E.A., Inc., Columbus, OH - File E-2667 - It was alleged that Mr. C. Richard Potts, an employee of this firm, identified himself as "Project Engineer-Civil" in a report addressing an engineering inspection that was conducted at a residence in Texas. It was also alleged that report was not prepared or reviewed by or under the direct supervision of a Texas licensed professional engineer. Board records did not show that Mr. Potts was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Glenn Baker, the firm's president, and their attorney to cease and desist from allowing staff members who are not licensed in Texas from offering and/or performing engineering services and identifying them with any kind of "Engineer" title not authorized by law in Texas until such time as they become licensed in Texas as a professional engineers. The firm also agreed to pay a $2,000 administrative penalty.

Mr. Daniel T. Sheehan, Lawrenceville, GA - File E-2668 - It was alleged that Mr. Sheehan used the designation "P.E." and identified himself as "Project Engineer-Civil State of Georgia" in a report addressing an engineering inspection that was conducted at a residence in Texas. Board records did not show that Mr. Sheehan was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Sheehan and his attorney to cease and desist from the use of the designation "P.E." and any other "Engineer" title not authorized by law on documents issued in Texas until such time as he becomes licensed in Texas as a professional engineer.

Mr. Henry J. Smahlik, Houston, TX - File E-2676 - It was alleged that Mr. Smahlik used the designation "P.E." to identify himself on his business card. Board records did not show that Mr. Smahlik was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Smahlik to cease and desist from using the designation "P.E." to identify himself in Texas until he becomes licensed in Texas as a professional engineer. Mr. Smahlik also agreed to pay a $1,500 administrative penalty.

Mr. Bobby Neil Stewart, Humble, TX - File B-14163 - It was alleged that Mr. Stewart submitted a proposal that included fee estimates for engineering services in which he used the designation "P.E." to identify himself to contractors for a paving, grading and drainage project. It was also alleged that Mr. Stewart prepared the storm sewer and driveway engineering designs for this project. Board records did not show that Mr. Stewart was licensed in Texas as a professional engineer. The Board accepted a Consent Order signed by Mr. Stewart to cease and desist from the practice of engineering, from using the designation "P.E." to identify himself, to cancel and not enter into future proposals/solicitations/contracts to provide engineering services in Texas until such time as he becomes licensed in Texas as a professional engineer. Mr. Stewart also agreed to pay a $5,000 administrative penalty.

Viscous Tech, Inc., Bryan, TX - File B-13744 - It was alleged that this firm listed its name under the heading of "Engineers-Professional" in the November 1998 Bryan/College Station classified telephone directory and represented that the engineering services offered by the firm were not performed by Texas licensed professional engineers. Board records did not show a Texas licensed professional engineer as a regular full-time employee with this firm. The Board accepted an Agreed Board Order signed by Dr. Chandrika Rajagopal, the firm's president, to cease and desist from offering and/or performing engineering services for the public of Texas, to delete the firm's listing under the heading of "Engineers-Professional" in future telephone directories and to discontinue any other representations that the firm can offer or perform engineering services in Texas until such time as the firm hires a regular full-time employee who is licensed in Texas as a professional engineer.

March 10, 2000 Board Meeting

Mr. Alfred Eugene Vaughn, P.E., Katy, TX - File D-1137 - Mr. Vaughn allegedly placed his engineer seal on a Building Construction Compliance Form, WPI-2, issued to the Texas Department of Insurance (TDI) certifying that the structure was in compliance with the wind load provisions. TDI had previously inspected the project and found that it was not in compliance. TDI requested that Mr. Vaughn submit substantiating information to include any plans, specifications, calculations, wind load test or manufacturers installations instructions. Mr. Vaughn did not provide the information in a timely manner. The Board accepted a Consent Order signed by Mr. Vaughn for a Formal Reprimand and a $1,000 administrative penalty.

Mr. Daniel Aloysius Shanahan, P.E., Georgetown, TX - File D-1068 - Mr. Shanahan affixed his engineer seal to a letter to a building official stating that he had inspected the light circuit in a residential swimming pool, and reported that the light installation was in accordance with the NEMA and Standard Building Codes. However, at the time of the inspection, the pool had not been drained and Mr. Shanahan could not have inspected the light fixture or the wiring in and around the light. The Board accepted an Agreed Board Order signed by Mr. Shanahan and his attorney for a Formal Reprimand, a $1,000 administrative penalty and completion of the ethics course within six months.

Mr. Wayne Bernard Peters, P.E., Graham, TX - File D-1130 - Mr. Peters practiced engineering and affixed his engineer seal to two projects while his license was in an expired status. The Board accepted a Consent Order signed by Mr. Peters for a six-months suspension of his license with the entire period probated contingent upon the payment of an administrative penalty of $1,500 within 30 days from the date the Board accepts the Order. If the payment of the penalty is not made within the 30 day, the probation will be lifted and his license will be suspended for the time remaining in the probated period.

Mr. Sandip Kumar Guha, P.E., Boise, ID - File D-1067 - Mr. Guha was sanctioned by the Nevada Board for a two-year suspension of his license, with the entire period fully probated and a $2,500 administrative penalty for submitting incomplete plans and failure to exercise proper care in his review of plans and calculations prepared by unlicensed engineers under his supervision. The Texas Board accepted an Agreed Board Order signed by Mr. Guha for the suspension of his license for two years, fully probated; however, the Board did not impose an administrative penalty.

Mr. Robert Edward Brady, Middleville, MI - File D-1158 - Mr. Brady's engineer license was revoked in North Carolina for performing engineering outside his area of expertise, sealing work not performed by him or under his direct supervision, and failure to seal other related engineering documents. Mr. Brady also signed a Consent Order for the revocation of his license in South Carolina for his actions in North Carolina. The Texas Board accepted a Consent Order signed by Mr. Brady for the revocation of his Texas license based on his action in North Carolina.

Mr. Manuel Jesus Montemayor, P.E., Brownsville, TX - File D-1133 - Mr. Montemayor affixed his seal to a Texas Department of Insurance (TDI) Form, WPI-2, certifying that a re-roof of a residence was in accordance with the 95 mph wind speed and Southern Standard Building Code. TDI subsequently performed an inspection of the re-roof and found that it was not in compliance with the TDI requirements. The Board accepted a Consent Order signed by Mr. Montemayor for a Formal Reprimand and a $1,000 administrative penalty.

Mr. Mark Arthur Eichstadt, P.E., Port Aransas, TX - File D-1050 - Mr. Eichstadt affixed his seal to a Texas Department of Insurance (TDI) Form, WPI-2, certifying that a roof repair of a residence was personally inspected by him and in accordance with the wind load provisions and Southern Standard Building Code. It was determined that an employee of Mr. Eichstadt performed the inspection. TDI subsequently performed an inspection of the roof repairs and found that it was not in compliance with the TDI requirements. The Board accepted an Agreed Board Order signed by Mr. Eichstadt for a Formal Reprimand, a letter to the Board outlining how he would advise other engineers on their roll in performing and/or supervising windstorm inspections, and completion of an ethics course within six months from the date the Order is accepted by the Board.

Successful Engineering Practices International, L.L.C., Hockley, TX - File F-1975 - This firm was referred to the Board by the Texas Secretary of State based on the word "Engineering" in the company name. Since no practice of engineering had occurred, the Board accepted a Consent Order to immediately cease and desist the use of the word "Engineering" in the name and amend the company name through the Secretary of State until such time as they hire a full-time Texas licensed engineer.

Sidney A. Seligmann, c/o DRG Design Resources, Houston, TX - File B-13976 - Mr. Seligmann, who lost his Texas engineer license on September 30, 1997, due to non-payment of dues, affixed his Texas engineer seal on a commercial project in Huntsville, Texas. Mr. Seligmann also represented himself as a "P.E." on documents during the period his license was expired. The Board accepted an Agreed Board Order signed by Mr. Seligmann to immediately cease and desist the practice of engineering, the use of the "P.E." designation, and the use of his Texas engineer seal, and assessed an administrative penalty in the amount of $5,000. If Mr. Seligmann submits an application for licensure by March 1, 2000, the administrative penalty will be reduced to $2,500. Mr. Seligmann submitted the application for licensure by March 1, 2000 and the administrative penalty was reduced.

Outdoor Lighting Services, Inc., dba Design Electric, Austin, TX - File B-14048 - This firm submitted a bid proposal that contained engineering services to the Bloomington Independent School District for a baseball field lighting project. The proposal also made reference to "our engineer" and "engineering" by the firm. At that time, the firm did not have a licensed professional engineer in the firm. The Board accepted an Agreed Board Order signed by the president of the firm for an immediate cease and desist of any engineering services and an administrative penalty of $750.

Doug Lykken, dba Lykken Engineering and Drafting, Big Spring, TX - File B-14161 - Mr. Lykken sent out a solicitation letter to various companies depicting "Engineering" in his company name, that his firm performed consulting engineering services and gave the firm's rate schedule for these services. The Board accepted a Consent Order signed by Mr. Lykken and his attorney for the immediate cease and desist of any engineering services, to change the name of the firm and the assessment of an administrative penalty in the amount of $2,000.

Lance Engineering, Inc., Fort Worth, TX - File F-1976 - The president of this firm filed Articles of Incorporation with the Texas Secretary of State with the word "Engineering" in the company name. The Board accepted a Consent Order signed by Mr. Raymond Lance for the immediate cease and desist of engineering services and to change the name of the firm until such time as the firm hires a Texas licensed engineer as a full-time employee and the assessment of an administrative penalty in the amount of $2,500. Mr. Lance subsequently was licensed as a professional engineer.

Default Judgment - The Board received a Default Judgment on February 4, 2000, against Alvin C. Keal doing business as Property Boundaries Technicians, Lone Star Surveying, Alvin Keal Xavier Chapa Engineering and Drafting Board Services, 6926 Wofford Street, Dallas, Texas, and 301 Southeast 14th Street, Grand Prairie, Texas. The judgment was filed under Cause Number 99-10274 in the 200th District Court, Travis County, Texas.

* Indicates individuals who agreed to complete a Correspondence Course in Engineering Ethics as part of closure of case.

 

Edited by Jimmy Smith, P.E., Randi Warrington, Paul Cook, Walter May, P.E., and Debbie Rice