TEXAS BOARD OF PROFESSIONAL ENGINEERS
August 17, 2017, Board Meeting Disciplinary & Administrative Actions

Thai Huynh, P.E. #109981, Houston, TX; Case Number D–36898
Violation: Mr. Huynh falsely certified he had satisfied all CEP requirements, and was thus eligible and entitled to renew his license when in fact he has neither responded to the Board nor produce any evidence he obtained the required 15 PDH of Continuing Education. Mr. Huynh neglected to complete and misrepresented he completed the required 15 PDH of continuing education for the renewal period of October 1, 2015 through September 30, 2016 on his renewal application. Mr. Huynh failed to provide any copies of his CEP records when requested by Board staff.
Act/Rule Violated: 22 TAC §§ 137.17(a), (c), (d), (j), (l), and (p)(2) and (p)(3), 137.51(c), 137.57(a), 137.57(b)(1)–(3), and 137.63(a).
Resolution: Six-Month Suspension of his P.E. license and Eighteen-Month Probated Suspension contingent on remittance of an Administrative Penalty of $4,000.00, and successful completion of Texas Tech University Engineering Ethics Basic Course.

Ludi Design, Houston, TX; Case Number B–35533
Violation: Ludi Design practiced engineering without being registered with the Board and without employing an actively licensed professional engineer. Ludi Design represented to the public the firm was engaged in the practice of engineering and improperly signed and sealed engineering documents.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(1)–(2)(A), 1001.301(a), and 1001.405(e) and 22 TAC §§ 137.37(b), 137.71, and 137.77(a), (b), and (d).
Resolution: Cease & Desist Order and Administrative Penalty of $3,900.00.

InTex Builders, Inc., Carrollton, TX; Case Number B–35836
Violation: InTex 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 §§ 1001.004(c)(2)(A), 1001.301(a), and 1001.405(e)(1) and Board Rule 22 TAC §§ 137.37(b) and 137.77(a).
Resolution: Cease & Desist Order and Administrative Penalty of $3,900.00.

Mr. Kenneth H. Lloyd, Jr. P.E. #34858, Georgetown, TX; Case Number D–37016
Violation: Mr. Lloyd failed to complete 15 Professional Development Hours (PDH) of continuing education for the 2016 renewal period and misrepresented he completed 15 PDH of continuing education for the 2016 renewal period.
Act/Rule Violated: 22 TAC §§ 137.17(a), (c), (j), (p)(2) and (p)(3), 137.57(a), 137.57(b)(1)–(3) and 137.63(a).
Resolution: Formal Reprimand and Administrative Penalty of $3,200.00.

Mr. Phillip John Barnett, P.E. #45837, Weatherford, TX; Case Number D–36513
Violation: Mr. Barnett produced, prepared, signed, and sealed an elevation certificate, which contained several deficiencies, and therefore, the Complainant then had to hire another professional engineer to prepare another elevation certificate in order to obtain flood insurance. Mr. Barnett failed to practice engineering in a professional, honest, ethical, careful, and diligent manner. Mr. Barnett released from his control an engineering document without including the firm name and registration number.
Act/Rule Violated: 22 TAC §§ 137.33(n), 137.57(a) and (b)(3), 137.63(a), 137.63(b)(4) and (b)(6), and 137.77(h).
Resolution: One Year Probated Suspension contingent on remittance of Restitution of $920.25, an Administrative Penalty of $2,962.00, and successful completion of Texas Tech University Engineering Ethics Basic Course.

Mr. Stephen Paul Blake, P.E. #76335, San Antonio, TX; Case Number D–36829
Violation: Mr. Blake failed to timely provide the foundation inspection report and failed to communicate with the Client. Respondent failed to practice engineering in a professional, respectful, careful, and diligent manner.
Act/Rule Violated: 22 TAC §§ 137.63(a) and (b)(4)–(b)(6).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,500.00, and successful passing the Board’s Online Ethics Exam.

Mr. Gordon Lynn Duncan, P.E. #69557, Dallas, TX; Case Number D–37055
Violation: Mr. Duncan mislead the firm concerning the receipt of payment and comingled and misappropriated the funds for the project. Mr. Duncan failed to engage in business activities in a professional, honest, ethical, and respectful manner by issuing misleading statements.
Act/Rule Violated: 22 TAC §§ 137.57(b)(3) and 137.63(a) and (b)(5).
Resolution: Four Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,000.00 and successful completion of Texas Tech University Engineering Ethics Basic Course.

Mr. Wei Xiang Fung, P.E. #115656, Missouri City, TX; Case Number D–36930
Violation: Mr. Fung neglected to complete the required 15 Professional Development Hours (PDH) of continuing education for the 2016 renewal period and provide supporting documentation. Mr. Fung misrepresented he completed 15 PDH of continuing education for the 2016 renewal period. Mr. Fung failed to reply to Board’s request for information.
Act/Rule Violated: 22 TAC §§ 137.17(a), (c), (j), (m), (p)(2) and (p)(3), 137.51(c), 137.57(a), 137.57(b)(1)–(3) and 137.63(a).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,000.00 and completion of outstanding 14 Professional Development Hours.

Mr. James David Peel, P.E. #84773, El Paso, TX; Case Number D–37015
Violation: Mr. Peel failed to complete 15 Professional Development Hours (PDH) of continuing education for the 2016 fiscal year and misrepresented he completed 15 PDH of continuing education for the 2016 fiscal year.
Act/Rule Violated: 22 TAC §§ 137.17(a), (c), (d), (j), (m), and (p)(2)–(p)(3), 137.57(a), 137.57(b)(1)–(3) and 137.63(a).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,000.00 and completion of outstanding 10 Professional Development Hours.

Civil Engineering Consultants, Inc., Marietta, GA; Case Number B–36968
Violation: Civil Engineering Consultants offered and provided engineering services without being registered with the Board and engaged in the practice of engineering without having the engineering services performed by a Texas licensed professional engineer.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A), 1001.301(a), and 1001.405(b)(1)–(b)(2) and (e)(1)–(3) and 22 TAC §§ 137.71(2) and 137.77(a) and (d).
Resolution: Cease & Desist Order and Administrative Penalty of $1,000.00.

GPM Engineering #F-2829, Corpus Christi, TX; Case Number B–37208
Violation: GPM Engineering offered and provided consulting engineering services while Respondent's registration was expired. GPM Engineering has performed engineering services on over fifty (50) Texas projects since Respondent's firm registration expired.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d)–(e).
Resolution: Cease & Desist Order and Administrative Penalty of $750.00.

Mr. Street Hamilton Schellhase, P.E. #55448, Centennial, CO; Case Number D–36983
Violation: In another jurisdiction, Mr.  Schellhase failed to conduct engineering in a careful and diligent manner so as to protect the health, safety, and welfare of the public. Mr.  Schellhase failed to properly and promptly notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: 22 TAC §§ 137.5(c) and in accordance with 22 TAC §137.65(b), if Mr. Schellhase conduct had occurred in Texas, his actions would have violated 22 TAC §§ 137.55(a) and (b), 137.57(b)(3), and 137.63(b)(6).
Resolution: Formal Reprimand and successfully complete Texas Tech University Engineering Ethics Basic Course.

AARC Environmental, Inc., Houston, TX; Case Number B–36497
Violation: AARC offered to provide consulting engineering services while it's registration was inactive and 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 $250.00.

Eric Gerard Russek, P.E. #62847, Galveston, TX; Case Number D–36677
Violation: Mr. Russek jeopardized the health, safety, and welfare of the public by issuing misleading statements when he falsely certified the project complied with all applicable windstorm codes and was eligible for a windstorm and hail insurance policy issued by Texas Windstorm Insurance Association by affixing his signature and seal to WPI-2.
Act/Rule Violated: 22 TAC §§ 137.55(b), 137.57(b)(3), and 137.63(b)(1) and (b)(6).
Resolution: Formal Reprimand.