Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Rogers, et al. v. Texas Board of Architectural Examiners

The Texas Board of Architectural Examiners issued cease and desist orders against three licensed professional engineers for the unauthorized practice of architecture in connection with the engineers' work in preparing comprehensive building plans and specifications for certain public works projects. Section 1051.703(a) of the Architecture Practice Act does not categorically preclude licensed engineers from preparing comprehensive building plans and specifications for the class of public works projects identified in that section, nor does not §1051.601 categorically exempt licensed engineers from the Act's requirements. The district court did not abuse its discretion in reversing the Board's decision and remanding for further proceedings. Austin Court of Appeals, No. 03-10-00182-CV, 08-03-2011

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

The principal issue in this administrative appeal is the extent to which engineers licensed under Texas’s Engineering Practice Act, Tex. Occ. Code Ann. §§ 1001.001-.604 (West 2004 & Supp. 2010), are exempt from the provisions of the Architecture Practice Act, Tex. Occ. Code Ann. §§ 1051.001-.801 (West 2004 & Supp. 2010). The Texas Board of Architectural Examiners (the “Architecture Board”) issued cease and desist orders against three licensed professional engineers, John J. Rogers, Jr., James R. Winton, and Burl Richardson (collectively, the “Engineers”), for the unauthorized practice of architecture in connection with the Engineers’ work in preparing comprehensive building plans and specifications for certain public works projects. See id. §§ 1051.701, .703(a). Based on the language in section 1051.703(a) of the Architecture Practice Act, which specifies that “architectural plans” for a class of public works projects “may be prepared only by an architect,” the Architecture Board determined that the salient inquiry in the underlying enforcement proceeding was whether the Engineers were practicing architecture in preparing the plans and specifications at issue. Id. § 1051.703(a). We hold, however, that the dispositive issue here is not whether the Engineers were practicing architecture, but whether they were practicing engineering, because section 1051.601 of the Architecture Practice Act broadly exempts licensed engineers from its registration requirements to the extent they are performing “an act, service, or work within the scope of the practice of engineering as defined [in the Engineering Practice Act].” Id. § 1051.601. Because the record is insufficient to conclusively establish or negate the applicability of the exemption, the district court properly reversed the Board’s final order and remanded for further proceedings. We will affirm the district court’s judgment.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

New Jersey Legal Awards (NJLA) 2023

September 27, 2023
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More

General Counsel Conference East 2023

October 03, 2023
Brooklyn, NY

General Counsel Conference addresses trends in regulatory, data protection, tech management, legal operations, and leadership.


Learn More

New York Legal Awards (NYLA) 2023

October 05, 2023
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Go to Events Go to Webcasts

Transactional Intellectual Property / Corporate Lawyer - CT or Remote


We are seeking a lawyer with extensive transactional intellectual property experience to join our corporate practice. Candidates should hav...


Apply Now ›

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

Labor and Employment Senior Associate or Counsel


Duane Morris LLP seeks a highly motivated senior associate or counsel to join its dynamic and growing Labor and Employment Class Action grou...


Apply Now ›
Go to Lawjobs

Chiesa Shahinian & Giantomasi

09/25/2023
New Jersey Law Journal

Prof


View Announcement ›

RIKER DANZIG SCHERER HYLAND & PERRETTI LLP

09/18/2023
New Jersey Law Journal

Riker Danzig deeply mourns the passing of our esteemed partner, dear friend and beloved colleague, Marc D'Angiolillo.


View Announcement ›

Eisenberg, Rothweiler, et.al

09/12/2023
TLI Web

Eisenberg Rothweiler


View Announcement ›
Go to Professional Announcements

Legal Newswire

World Services Group Elects 2023-2024 Board of Directors
SEDA Experts Expands its Securities and Damages Expert Witness Practice
Estateably and HWA Announce Partnership to Automate Trust Accounting for Fiducia...
ZeroRisk Cases, Inc. Offers Sudafed Class Action Lawsuit Opportunities for Law F...
Submit a press release