Untitled Texas Attorney General Opinion ( 1967 )

December 27, 1967 Thomas C. Green. P.E. oDinion No. M-174 Member Secretary Texas State Board of Registration Re: Reconsideration of At- for Professional Engineers torney,General’s Opinion Austin, Texas M-30, and/or a clarifica- tlon of same, in relation to the llcensure of an individual under the stated Dear Mr. Green: fact situation. In your request for an opinion from this office you state the following: ‘In Attorney General’s Opinion No, M-30 (1967) it was held that under the terms of Section 12(a) of Article 32i’la,Vernon’s Civil Statutes, the Texas Engineering Practice Act, the State Board of Registration for Professional Engineers did not have the power to amend its rules to permit the licensing of persons who hold a degree other than one evidencing grad- uation from an approved course in engineering. ‘Since the declaion in Attorney General’s Opinion No. M-30 (1967), a situation has arisen in connection with the applioation for licensure by an individual whereby the Board feels that it must seek a reconsideration of Attorney General’s Opinion M-30 (1967) and/or a clarification of the same as it applies to the specific facts in the case now before the Board for consideration. “An individual recently applied to the Texas State Board of Registration for Professional Englneers for llcensure as a professional en- gineer pursuant to the provisions of Article 3271a, Section 12(a). This Individual graduated from Texas Tech in 1960and received a Bachelor -840- -. Mr. Thomas C. Green, page 2 (M-174) of Science in Agriculture with the notation on the diploma that his major was In Agricultural Engineering. (A copy of the diploma is attached) Shortly after the graduation of this individual, he took and passed the examination for certlfl- cation of 'Engineer-in-Training' pursuant to Section 12a of Article 3271a. 'In view of the decision In Attorney General's Opinion No. M-30 (1967), the Board questions that it would be authorized to license this individual, but the Board would like to request for the At- torney General's Office to reconsider Attorney General's Opinion No. M-30 (1967) in connection with the factual situation set forth above, and to set forth its opinion as to whether a Bachelor of Science degree in Agriculture with the notation ,on the diploma that the major was in Agricultural Engineering is such a degree as would authorize the Board to license an lndlvidtal pursuant to Section 12(a) of Article 3271a. It is our opinion that Attorney General's Opinion M-30 (1967) Is correct under the facts contained therein. However, the facts in the present proceeding present a different situation. In Paragraph (a) of Section 12 of Article 3271a, Vernon's Civil Statutes, concerning the general requirements for registration, it Is stated: "Sec. 12. The following shall be considered as minimum evidence satisfactory to the Board that the applicant Is qualified for registration as a professional engineer, to-wit: "(a) 'Graduation from an approved course in engineering of four (4) years or more in a rec- ognized school or college approved by the Board as of satisfactory standing, and a specific re- cord of an additional four (4) years or more of active practice in engineering work, of a char- acter satisfactory to the Board, indicating that the aoplicant 1s comnetent to be pla$ed In re- sponsible charge of such work; . . . The Executive Vice-President of Texas Technological College has advised us that its program in agricultural en- gineering has been accredited by the Engineers' Council for -841- Mr. Thomas C. Green, page 3 (M- 1741, . Development. The applicant's degree shows on Its Professional face that nls maJor was agricultural engineering. Therefore, if the applicant is otherwise qualified under the requirements of said Paragraph (a) of Section 12 of Article 3271a, the Texas State Board of Registration for Professional Engineers is authorized to license the applicant. SUMMARY Where the applicant's degree recites that his major was In agricultural engineering and he is otherwise qu&lifled under the requirements of paragraph (a) of Section 12 of Article 3271a, Vernon's Civil Statutes, the Texas State Board of Registration for Professlonal Engineers Is authorized to license the applicant. Ver rUly yQUr8, &a AWF D C. &3TIN 4 Attor ey General of Texas Prepared by Jack Sparks Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman W. V. Geppert James Quick Alan Minter Sam Kelley A. J. CARUBBI, JR. Staff Legal Assistant