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TBPE/TBAE JOINT ADVISORY COMMITTEE (JAC) Updates

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TBPE Resolution
JAC Joint Statement
GA-0391
JAC Process
Meeting Information
Relevant Links

TBPE Joint Advisory Committee Resolution
During the February 25, 2010, Texas Board of Professional Engineers Board (TBPE) meeting, the Board discussed the continued effort to resolve issues that result from the overlap between activities that constitute the practice of engineering and those that constitute the practice of architecture through the Joint Advisory Committee (JAC) and the subcommittee of the JAC (Sub-JAC). After further discussion and consultation with legal counsel, the Board made the following resolution: JACResolution.pdf

Joint Advisory Committee Joint Statements

The Texas Board of Architectural Examiners (TBAE) and the Texas Board of Professional Engineers (TBPE) recognize that it is statutorily required and in the public interest to engage competent professionals in building design. To this end, both Boards have agreed to this public statement regarding the outcome of Attorney General Opinion GA-391, regarding building design.

Attorney General Opinion GA-391 held that architecture and engineering are regulated as distinct professions under the law in the State of Texas. It also recognized that there is a limited overlap of the two professions in the area of building design. TBPE and TBAE together recognize that while GA-391 has not specified the services or work encompassed within the scope of the overlap, it has focused the discussion to issues of the education, experience, and training of each profession in providing a particular service or work.

Both Boards believe it is imperative that architects and engineers continue to work together through the Joint Advisory Process to address and resolve issues of overlapping practice and to assist each other in investigations involving potential overlap issues. It is recognized that contradictory interpretations of the overlap by the Boards would work a disservice to the people of Texas, as well as each profession. Both Boards recognize that the Joint Advisory Committee will issue advisory opinions specifying the services and work which architects and engineers, respectively, are qualified to render and make recommendations to their respective Boards. Each Board pledges to refer all matters involving issues of the overlap to the Joint Advisory Committee.

We encourage the professional engineering and architectural communities to continue to work together and respect the competencies and capabilities of both professions.

To see the full text of the Opinion, go to: www.oag.state.tx.us/opinions/ga/ga0391.pdf

GA-0391

January 12, 2006 - Attorney General Opinion Issued on Whether a Professional Engineer May Prepare Plans and Specifications for A Public Building Without Engaging the Services of a Licensed Architect

On July 14, 2005, the Texas Board of Architectural Examiners Chair Gordon Landreth and Representative Kino Flores submitted a request for an Attorney General's Opinion (Request No. 0360-GA) on the roles of architects and engineers in the design of buildings.

On January 11, 2006 the following Opinion was issued:
Opinion No. GA-0391 Go to: http://www.oag.state.tx.us/opinions/op50abbott/ga-0391.htm

Re: Whether a professional engineer may prepare all plans and specifications for a public building described in Occupations Code section 1051.703(a) without engaging the services of a licensed architect (RQ-0360-GA) http://www.oag.state.tx.us/opinions/requests_ga/RQ0360GA.pdf

Summary: Chapters 1001 and 1051 of the Occupations Code maintain the practice of engineering and the practice of architecture as distinct professions. These chapters recognize that the two professions overlap concerning building design, but they do not precisely define the overlap's boundaries. On one hand, the provisions in chapter 1051 are subject to an exception for engineers engaged in the practice of engineering as defined in chapter 1001. On the other hand, neither the statutes nor Attorney General Opinion DM-161 establish that engineering includes all aspects of building design.

Chapters 1001 and 1051 of the Occupations Code do not provide a basis to answer categorically whether an engineer may comprehensively design a building without the involvement of an architect, and to that extent the Board of Professional Engineers' policy advisory opinion regarding building design, dated June 1, 2005, is not correct. Rather, the answer to that question will depend on whether the adequate performance of the particular service or work requires a person with engineering education, training, and experience. Whether adequate performance of a particular service or work requires a person with engineering education, training, and experience is a question of fact that cannot be resolved in the opinion process.

JAC ProcessClick Here to View the Flowchart of the Process

1. The Joint Advisory Committee on the Practice of Engineering and Architecture (JAC) receives a request from either the Texas Board of Professional Engineers or the Texas Board of Architectural Examiners to consider an issue of overlap between the two professions.
2. JAC accepts request to consider the overlap issue.
3. JAC reviews the issue and:

• Resolves the issue at JAC and proceeds to step 9.
• JAC directs the agency staff to look at the issue and provide a draft advisory opinion to the JAC.
• JAC selects Board liaisons, to provide guidance to staff, as needed.

4. Executive Director of each agency assigns staff to work jointly on the task.

• Appropriate team meets as necessary to gather information for draft.
• Agency team enlists liaisons and technical experts as needed to support the effort.

5. Agency staff members prepare a draft advisory opinion.

• Circulate draft to Executive Directors, liaisons and appropriate staff for comments.
• Team incorporates relevant comments and circulates draft to all members of the JAC.

6. JAC meets to discuss and provide input.

• JAC determines if stakeholder input is needed. If yes, JAC hears from stakeholders.
• JAC evaluates if revisions are needed to the draft.
• If draft is acceptable - move to step 9.
• Otherwise, agency staff is given input for new draft

7. Agency staff redrafts advisory opinion and circulates to liaisons and then to JAC members and stakeholders, as appropriate.
8. Repeat step 6.
9. JAC meets, votes and finalizes the advisory opinion.
10. The advisory opinion is distributed to the respective Boards.
11. Respective Boards provide feedback to JAC on how advisory opinion was received by their Boards.
    

Previous JAC Meetings

JAC Subcommittee Meeting	January 22, 2010, 9:00 a.m.	Agenda
JAC Subcommittee Meeting	December 11, 2009, 9:00 a.m.	Agenda
Joint Advisory Committee	August 21, 2009	Agenda
Joint Advisory Committee	February 27, 2007	Meeting agendas and minutes are posted on the website for three years following the meeting date. If you need meeting information prior to what is posted here, please contact our Open Records Coordinator at: openrecords@tbpe.state.tx.us or 512-440-7723.
Joint Advisory Committee	March 7, 2006
Joint Advisory Committee	April 7, 2005
JAC/Task Force Committee	March 30, 2005
JAC/Task Force Committee	March 16, 2005
Task Force Appointed To Assist The Joint Advisory Committee (JAC)	February 16, 2005
JAC/Task Force Committee	March 1, 2005
Joint Advisory Committee	January 31 , 2005
Joint Advisory Committee	November 17, 2004
Joint Advisory Committee	August 6, 2004

Relevant Links

JAC Committee Members
TBAE Website
TBAE Contact Information
TBPE Contact Information
Resolution of Cooperation which Established the JAC Committee

Professional Engineers
A Well Engineered Texas
Professional Engineers