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
Elite Trial Lawyers 2025
July 10, 2025
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
National Law Journal Awards 2025
November 05, 2025
Washington, D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Legal Administrative Assistant

Legal Administrative AssistantRivkind, Margulies & Rivkind, P.A.Miami, FL, USAEmployment Type: Full-TimeBenefits Offered: Medical, Retir...


Apply Now ›
Risk Management and Litigation Associate Counsel - 23849

Position Type:Administrative and Central Office Office Title/Functional Title:Risk Management and Litigation Associate Counsel - 23849Civil ...


Apply Now ›
Agency Attorney, Enhanced Rate Equitable Services Unit, OGC

Process enhanced rate equitable services requests, response to filers and NYSED Inquiries. Receive, file, coordinate, and review ...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal