TEXAS BOARD OF PROFESSIONAL ENGINEERS
May 26, 2016, Board Meeting Disciplinary & Administrative Actions

Mr. Dorian Earl Ross #87454, Arvada, CO; Case Number D–36406
Violation: Mr. Ross accepted the Board's offer to voluntarily surrender his license to settle an open investigation into conduct that had occurred in another jurisdiction, which if had occurred in Texas pursuant to 22 TAC 137.65(b), his actions would have violated 22 TAC §§ 137.37(a)(1), 137.55(b), 137.57(b)(3), 137.59(a), and 137.63(a) and (b)(4)–(6). In addition, he failed to notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: 22 TAC §137.5(c).
Resolution: Revocation

Mr. Thomas W. Keiss, Fort Worth, TX; Case Number B–35745, B–36305, & B–36308
Violation: Mr. Keiss offered and practiced engineering with a revoked license. Mr. Keiss unlawfully affixed his seal to engineering documents after his license had been revoked.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A)–(C), 1001.301(a) and (e), and 1001.401(c) and 22 TAC §137.37(a)(2).
Resolution: Cease & Desist Order & Administrative Penalty of $19,800.00

Mr. Bryan D. Hull, Richardson, TX; Case Number B-34417
Violation: Mr. Hull prepared and submitted to the City of Decatur, Texas two sets of engineer design plans for permitting approval bearing the firm title block of an unregistered firm and signature and seal of Ms. Carol Chadwick, P.E. License No. 112517 which, Ms. Carol Chadwick did not prepare, review, nor inspect. Mr. Hull pled guilty to and was convicted of forgery for affixing Ms. Carol Chadwick, P.E. License No. 112517 signature and seal to engineering plans submitted to the City of Decatur without her expressed permission for work she did not prepare. Mr. Hull's submissions violated the Final Order dated August 16, 2012, and constitute the unlawful practice of engineering and unlawfully providing engineering services.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A) and (C) and 1001.301(b) and (c) and 1001.405 and Board Rules 22 TAC §§ 137.33(a), 137.37(b), and 137.77(a) and (d) .
Resolution: Cease & Desist Order & Administrative Penalty of $18,600.00

Mr. Bhupendrakumar V Patel, P.E. #47399, Southlake, TX; Case Number D–36299
Violation: Mr. Patel failed to practice engineering in an honest, ethical, competent, careful and diligent manner by neglecting to adhere to a local municipality's codes and state regulations, thus endangering the public health, safety, and welfare. Mr. Patel improperly signed engineering documents obscuring his seal.
Act/Rule Violated: 22 TAC §§ 137.33(f)(1), 137.55(a) and (b), 137.59(a), and 137.63(a), (b)(1), (b)(5), and (b)(6).
Resolution: Four Year Probated Suspension contingent on remittance of an Administrative Penalty of $5,400.00, & successful completion of Texas Tech University Engineering Ethics Level I course

Mr. James Babb, P.E. #56440, Friendswood, TX; Case Number D–35247 & D–35495*
Violation: Mr. Babb provided misleading oral or written assertions to TDI by placing his seal on the WPI-2's for multiple properties. By failing to meet applicable code requirements and failing to respond to TDI's requests for substantiating information in a timely and complete manner, Mr. Babb did not meet his professional practice requirements. Mr. Babb failed to practice engineering in a careful and diligent manner.
Act/Rule Violated: 22 TAC §137.57(b)(3) and 137.63(b)(1) and (b)(6).
Resolution: Formal Reprimand, 3 Month Suspension, and 21 Month Probated Suspension contingent on remittance of a $5,000.00 Administrative Penalty, & successful completion of Texas Tech University Engineering Ethics Level I course

* This case was consolidated for hearing with Docket No. 454-15-3902.C, Texas Department of Insurance v. James A. Babb, P.E., which is an action filed by TDI Staff against Mr. Babb based on the same alleged facts. On January 28, 2016, ALJ Card prepared and filed a Proposal for Decision for SOAH Docket No. 454-15-3902.C, which recommended Respondent's appointment as a qualified inspector be revoked for violations of Texas Insurance Code and TDI Rules. Mr. Babb's appointment as qualified windstorm inspector has been revoked.

Tire Engineers; Case Number B–35363
Violation: From on or about June 17, 2014, and continuing to the present day, Tire Engineers operated stores located at 3801 FM 1092, Missouri City, Texas, 77459 and 12807 FM 1960 Road West, Houston, Texas 77065, that displayed signage that included the phrase "Tire Engineers." Tire Engineers offered to perform engineering services and represented to the public it was capable of engaging in the practice of engineering.
Act/Rule Violated: Tex. Occ. Code §1001.405(e) and 22 TAC §137.71(1).
Resolution: Cease & Desist Order & Administrative Penalty of $5,000.00

Mr. Clyde E. Israel, Amarillo, TX; Case Number D–36307
Violation: Mr. Israel issued a misleading Federal Emergency Management Agency (FEMA) Elevation Certificate. Mr. Israel failed to properly include the firm registration number on the FEMA Elevation Certificates. Mr. Israel failed to practice engineering in a careful and diligent manner.
Act/Rule Violated: 22 TAC §§ 137.33(n), 137.57(b)(3),  137.63(b)(6), and 137.77(h).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,835.00

Mr. Saeid Bassari, P.E. #81420, Leander, TX; Case Number D–36320
Violation: Mr. Bassari misrepresented the engineering firm he performed engineering services for by affixing an improper firm name to an engineering report.
Act/Rule Violated: 22 TAC §§ 137.33(n) and 137.57(b)(3).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $1,950.00

Mr. Stephen Paul Blake, P.E. #76335, San Antonio, TX; Case Number D–35916
Violation: Mr. Blake neglected to practice engineering in a careful and diligent manner by failing to clearly and effectively communicate with client.
Act/Rule Violated: 22 TAC §137.63(b)(6).
Resolution: One Year Probated Suspension contingent of remittance of an Administrative Penalty of $500.00, payment of Restitution in the amount of $425.00, & successful complete
Texas Tech University Engineering Ethics Level I course

Diversified Engineering Services, Inc. (F-7231), Houston, TX; Case Number B–36170
Violation: Diversified Engineering Services, Inc. offered to provide consulting engineering services while Respondent's registration was inactive.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d)–(e).
Resolution: Cease & Desist Order & Administrative Penalty of $250.00

Mr. Barry Lee Houseal, Newport Coast, CA; Case Number D–36371
Violation: Mr. Houseal unlawfully offered and practiced engineering in another jurisdiction without being licensed by that jurisdiction's regulatory agency. Mr. Houseal assisted and facilitated a non-registered firm in the illegal practice of engineering in another jurisdiction. In accordance with 22 TAC §137.65(b), if Mr. Houseal's conduct had occurred in Texas, his actions would have violated Tex. Occ. Code §§ 1001.004(c)(2)(A), 1001.301(a), and 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(a) and (d). Mr. Houseal failed to notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: 22 TAC §§ 137.5(c) and 137.65(a).
Resolution: Formal Reprimand

Mr. Alan Wayne Lankford, P.E. #95129, Kansas City, MO; Case Number D–36301
Violation: In another jurisdiction, Mr. Lankford copied and used the work of another professional engineer without permission as source material in another project. Pursuant to 22 TAC §137.65(b), if Mr. Lankford's conduct had occurred in Texas, his actions would have violated 22 TAC §§ 137.63(a) and 137.63(b)(5) and (b)(6). Mr. Lankford 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).
Resolution: Formal Reprimand