TEXAS BOARD OF PROFESSIONAL ENGINEERS
May 25, 2017, Board Meeting Disciplinary & Administrative Actions

Contain Water Systems, Inc., Marble Falls, TX; Case Number B–36331
Violation: Contain Water Systems, Inc. unlawfully offered and practiced engineering without being registered with the Board and falsely signed and sealed engineering documents indicating a professional engineer performed or directly supervised the work.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1)–(2) and 1001.405(e) and 22 TAC §§ 137.37(b) and 137.77(a) and (d)–(e).
Resolution: Cease & Desist Order & an Administrative Penalty of $3,900.00.

Mr. John W. Holm, Cincinnati, OH; Case Number B–36753
Violation: Mr. Holm offered and practiced engineering without being licensed by the Board. He unlawfully practiced engineering.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A)–(C), 1001.301(a)–(d), and 1001.401(c).
Resolution: Cease & Desist & an Administrative Penalty of $3,000.00.

Mr. Phillip Barnett, P.E. #45837, Las Cruces, NM; Case Number D–36881
Violation: Mr. Barnett neglected to practice engineering in an adequate, competent, careful and diligent manner by failing to adhere to generally accepted engineering standards in the performance of engineering services, thus endangering the public health, safety, and welfare.
Act/Rule Violated: 22 TAC §§ 137.55(a) and (b), 137.59(a) and (b), 137.63(a), and 137.63(b)(4)–(b)(6).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,615.00 and Cease & Desist designing metal structures, such as metal buildings or metal awnings, that require a professional engineer’s seal.

Mr. David Franco, Rice, TX; Case Number B–36649
Violation: Mr. Franco offered and practiced engineering without being licensed by the Board, and his business entity offered and provided engineering services without being registered with the Board.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A), 1001.301(a) and (c)–(e), and 1001.405(b)(1)– (2) and 22 TAC §§ 137.77(a) and (d).
Resolution: Cease & Desist Order & an Administrative Penalty of $2,100.00.

Mr. Daniel Liston Heischman, P.E. #93762, Prosper, TX; Case Number D–36861
Violation: Mr. Heischman offered and practiced engineering while his Texas professional engineer license was expired.
Act/Rule Violated: Tex. Occ. Code §1001.401(c) and 22 TAC §§ 137.13(h), 137.7(a), 137.37(a)(2), and 137.63(c)(6)
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $705.00.

Mr. Jay Victor Hamm, P.E. #46400, Austin, TX; Case Number D–36864
Violation: Mr. Hamm failed to properly label engineering documents as preliminary. Mr. Hamm failed to conduct engineering in a careful and diligent manner by assisting and facilitating an engineering firm offer and provide engineering services while the firm's registration was expired.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.33(e), 137.51(d), 137.57(a), 137.57(b)(3), 137.63(a), 137.63(b)(4) and (b)(6), 137.63(c)(1) and 137.77(a), (d), and (e).
Resolution: Six-Month Probated Suspension contingent on remittance of an Administrative Penalty of $750.00.

Mr. Manuel Fernando Lizcano, P.E. #40178, San Antonio, TX; Case Number D–36889
Violation: Mr. Lizcano practiced engineering while his Texas professional engineer license was expired. Mr. Lizcano aided and abetted a firm in offering to perform and providing engineering services to the public while the firm’s registration was expired. Mr. Lizcano failed to properly and promptly respond to the Board’s multiple requests for information regarding Board’s case #B-36699. Mr. Lizcano failed to practice engineering in a careful and diligent manner.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and 1001.405(e)(1) and (3), and 22 TAC §§ 137.7(a), 137.37(a)(2), 137.51(c), and 137.63(b)(6) and (c)(1), and 137.77(a), (d), and (e).
Resolution: Formal Reprimand & Administrative Penalty of $900.00.

Mr. Lonny E. Phelps P.E. #115029, Denver, CO; Case Number D–36900
Violation: Mr. Phelps offered and practiced engineering in another jurisdiction without being licensed by that jurisdiction's regulatory agency. Mr. Phelps aided and abetted a non-registered firm in the illegal practice of engineering in another jurisdiction. Mr. Phelps failed to properly and promptly notify the Board he had been disciplined by two other jurisdictions' regulatory agencies.
Act/Rule Violated: 22 TAC §§ 137.5(c) and 137.65(a) and in accordance with 22 TAC §137.65(b), if Mr. Phelps conduct had occurred in Texas, his actions would have violated Tex. Occ. Code §§ 1001.004(c)(2)(A)-(c)(2)(C), 1001.301(a), and 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.63(c)(1) and 137.77(a) and (e).
Resolution: Formal Reprimand & Board Ethics Exam.

Mark Bird, P.E. d/b/a Wesley Engineering Group, Inc. (F-12780), San Antonio, TX; Case Number B–36859
Violation: Mark Bird, P.E. d/b/a Wesley Engineering Group, Inc. offered and provided consulting engineering services while Respondent's registration was expired and nonrenewable.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d)–(e).
Resolution: Administrative Penalty of $750.00.

Texas Development Services, LLC (F-12790), Alpharetta, GA; Case Number B–36975
Violation: Texas Development Services, LLC offered and provided consulting engineering services while Respondent's registration was expired.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d)–(e).
Resolution: Administrative Penalty of $750.00.