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
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
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
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
COMMERCIAL REAL ESTATE PARALEGAL

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
ENVIRONMENT & ENERGY ASSOCIATE

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Newark, NJ. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements