Untitled Texas Attorney General Opinion ( 1957 )

THEATTORNEY GENERAL
OF 7rExAs
AUS- 11. ‘ITEXAS
June 20, 1957
Honor,able Lewis Gross, Chairman Opinion No. WW-144
‘Texas ‘&+%$*Board of, Registration
for &&(~#J&ional Engineers Re: Do the provisions of the Acts of
Austin, ‘Texas the 45th Legislature, R.S., 1937,
ch. 404, Sec. 1, p. 816, apply to
the owners of a corporation which
uses the term, “Engineering”, in
its corporate title, where the cor-
por8tion is engaged in the manu-
facturing business and does not
hold itself out to the public as
being avllilable to render engi-
Dear Mr. Chose: ncering services ?
Th$s opinion is in response to your request in which you ask a
question which ir aubathntially as ~follows:
‘Doar Sac#on 1 of the Engineering Registration Act
’ (Acta of the 45th Legislature, R.S., 1937, ch. 404, Sec. 1,
R. 816) apply to the conditions am set out in the attached
lettar 7”
The attached lettar seta’forth the fact that a private corporation
has obtained a chartar and is doing btiainess under the title of ‘Vadan Engi-
neering Company”. The letter goes on to state that the owners of the corpora-
tion in question 8ra operating a manufacturing plant and do not hold themselves
out to the public aa being available to render engineering services.
Section 1 of the Engineering Registration Act, Acts of the 45th
Legislature, R.S., 1937, ch. 404. p. 016 (Article 3271a. V.C.S., Sec. 1). reads
aa follows :
‘That in order to safeguard life, health, md property, any
parson practicing or offering to practice the profaa8ion of angi-
neering as hereinafter defined ah11 hereafter be required to
submit evidence that he is qualified so to practice and shall be
registered as hereinafter provided; and it shall be unlawful for
8ny person to practice or offer to practice the profession of
Honorable Lewis Gross, Page 2 (WW-144)
engineering in the State or to use in connection width his, name
or otherwise assume, use, or advertise any title or description
tending to convey the impression that he is a professional engi-
neer unless such person has been duly registered or exempted
under the provisions of this Act.” (Emphasis added)
Section 1 prohibits a person from practicing or offering to practice
the profession of engineering in this State without being duly. +eneed, and
also prohibits the use of any title or description tending to.co;l’vey the imp&s’-
sion that he is a professional engineer.
We are of the opinion that the wor,d “engineprjng” in the,title of the
Vaden Engineering Company clearly gives the ‘impression that this organiza-
tion is qualified to render engineering service. To convey such an imprersion
by its name is in direct violation of Section 1. In effect, we are of the opinion
that any company who uses the word “engineering* in its title and whose mem-
bars have not qualified under the Act is in violation of the Act.
SUMMARY
Any company or organization who uses the word “engineering”
in its title and whose members have not qualified under the
Act ts in violation of the Acts of the 45th Legislature, R.S.,
ch. 404, Section 1, p. 816 (Article 32718, Section 1, V.C.S.).
Very truly yours,
WILL WILSON
Atto& General of Texas
EAC:tiw BY
dward A. Casares
APPROVED: Assistant
OPINION COMMITTEE :
H. Grady Chandler, Chairman
James N. Ludlum
Byron Fullerton
REVIEWED FOR THE ATTORNEY GENERAL
BY: Gao. P. Blackburn
y, ..*a;.. s-‘..
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