Texas Engineering Professional Conduct and Ethics Examination

Based on the Texas Engineering Practice Act and Board Rules

There are two ways to take this exam:
1. Download and fll out answer sheet EB-01 as you take this exam. You will also need to download
or refer to a copy of the Texas Enineerin !ractice "ct and Board #ules. These documents are
a$aila%le at& www.tbe.state.tx.us!downloads.htm"ethics
'. Take the exam online. The exam( answer sheet and the Texas Enineerin !ractice "ct and
Board #ules are all a$aila%le at& www.tbe.state.tx.us!ethics#exam#login.h
Authority and $coe: )n *une '00+( The Texas Enineerin !ractice "ct ,"ct- was re-codifed into the
.ccupations /ode and can now %e found under Title 0( /hapter 1001. The "ct 1 %oard rules o$ern
the practice of enineerin in Texas and( amon other thins( make it a professional and ethical
re2uirement for enineers to practice 34 in conformance with standards( laws( codes( and rules and
reulations applica%le to enineerin.5 The Texas Board of !rofessional Enineers ,hereafter( 3the
Board5- consists of six licensed enineers and three pu%lic mem%ers appointed %y the o$ernor. This
Board administers the Texas Enineerin !ractice "ct 1 %oard rules on %ehalf of the citi6ens of Texas.
The Board re2uires this !rofessional /onduct and Ethics Examination to help ensure that applicants for
an enineerin license in Texas ha$e studied their responsi%ilities 7 ethical( professional( and leal 7
and that applicants are aware that uidance is a$aila%le on these matters.
The o%8ecti$es of this examination are to&
1. Ensure that an applicant is familiar with the professional practice pro$isions of the "ct and
%oard rules9
'. !romote the "ct and %oard rules as a resource when confronted with professional conduct and
ethical decisions9
+. )ntroduce an applicant to typical ethical and professional practice issues9 and
:. #aise awareness that( when necessary( the Board ser$es as a disciplinary %ody throuh its
compliance and enforcement powers.
Act and Board Rules: )n accordance with these o%8ecti$es( you will need to refer to a current copy of
the "ct 1 %oard rules as you take the examination( which may %e found in electronic copy on the
Board;s we%site at www.t%pe.state.tx.us<downloads.htm. " complete $ersion of the existin law and
rules is on the site. The Texas Enineerin !ractice "ct( as /hapter 1001 is commonly called( was frst
enacted in 1=+> and is amended periodically. The "ct contains pro$isions prescri%ed %y the Texas
?eislature to o$ern the practice of enineerin in Texas and protect the pu%lic health( safety and
welfare in matters related to the practice of enineerin. The section of the "ct are denoted
@1001.AAAA5. The %oard rules( under Title ''( /hapters 1+1-1+= of the Texas "dministrati$e /ode( are
esta%lished %y the Board to further clarify and prescri%e procedures for complyin with the "ct and are
denoted 3@1+A.YY5. ,Example& @1+>.BB-
Examination %ormat and Resonses: You will %e asked to consider a series of typical professional
conduct and ethics scenarios that may ha$e actually occurred in enineerin practice in Texas.
Collowin each scenario( you will %e asked one or more 2uestions. Based on the scenario and your
re$iew of the "ct and %oard rules( chose the %est answer for each of the followin 2uestions. !lease
read each 2uestion carefully. )t is important to understand each participants; role in the scenario and if
a rule is applica%le to that participant. The exam is open %ook so you may re$iew and study the rules
as you proceed. You must answer at least &' (uestions )*&+, correctly to satisfy the Board
re2uirements of re$iew of the law and rules throuh this !rofessional /onduct and Ethics Examination.
)f you are unsuccessful in passin the exam on the frst attempt( you will ha$e an opportunity to take
the exam aain.
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"Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers
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Texas Engineering Professional Conduct and Ethics Examination
Dcenario 1
Direct Duper$ision and Dealin of Enineerin Eork
Brian is a raduate enineer and has
passed the CE exam %ut is not yet
licensed. Fe is employed %y a small
enineerin frm( and works with *im( a
licensed professional enineer and owner
of the company. The frm is retained to do
the structural desin of a new rural pu%lic
school. The pro8ect is assined to Brian.
"fter completin his preliminary
calculations for the structure( Brian does a
computer analysis of some of the more
complex aspects of the desin. This
computer analysis shows Brian;s hand
calculations are essentially correct.
"lthouh Brian feels he is 2uite thorouh
and conscientious( he notices that *im is
rarely in the oGce( pro$ides little or no
super$ision( and ne$er checks Brian;s
work %efore sealin and su%mittin the
plans and specifcations to the client for
the %iddin and construction phases.
Brian wonders if *im is in conformance
with the "ct and %oard rules and decides
to discuss the matter with him.
-uestion .. The %oard rule that most
clearly addresses sealin re2uirements is&
A) 1+>.BB,a-
B) 1+>.B=,a-
C) 1+>.++,%-
D) 1+>.0+,c-,1-
E) 1+>.0+,%-,'-
"fter talkin with Brian( *im arees that he
needs to re$iew the desin. Fe studies it
in detail( notin a few minor errors in the
wind loadin that Brian used( %ut fnds
nothin that would re2uire chanes in the
desin when constructed at that location.
Brian appreciates the feed%ack and %ecomes
more comforta%le in his 8o%. Then Brian
learns that *im has i$en the desin plans
and specifcations to his %rother(
/hristopher( a construction contractor( not a
licensed enineer.
#ather than hire an enineer( /hristopher
incorporates the desin documents into a
desin-%uild proposal for a like-si6ed ,small-
school. *im is aware of this and does not
o%8ect.
-uestion &. Ehich %oard rule %est relates
to *im knowinly allowin /hristopher to use
his desin as descri%edH
"- 1+>.0+,c-,1-
B- 1+>.++,i-
/- 1+>.BB,%-
D- 1+>.0B,a-
E- 1+>.++,f-
-uestion '. Ehich section of the "ct or
%oard rule relates to /hristopher;s actionsH
"- 1+>.B=,a-
B- 1+>.0B
/- 1+=.1+
D- 1001.00:
E- @ 1+=.1>
)n part due to the competiti$e ad$antae
aIorded %y usin an existin set of
drawins( /hristopher;s company wins the
desin-%uild contract for the school.
/hristopher studied mechanical enineerin
in collee and desins the mechanical
systems for the school. Fe knows he needs
an enineer;s seal on the drawins %efore he
can et a permit to start construction. Fe
has a ood friend( Da$id( who is a
mechanical enineer licensed in Texas( so
/hristopher asks Da$id to seal the drawins.
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Da$id o%tains a diital copy of
/hristopher;s drawins( carefully re$iews
each sheet( adds the title %lock and other
administrati$e desinations( and aGxes
his enineer;s seal to the drawins.
Da$id;s act of sealin /hristopher;s desin
drawins can %e e$aluated %ased on
defnitions in 1+1.J1 of "ct and %oard
rules( in particular( 3direct su!er"ision#5
3res!onsi$le charge#5 and 3res!onsi$le
su!er"ision.5
-uestion /. Does Da$id meet the
re2uirements of direct super$ision in as
defned in 1+1.J1 of the %oard rulesH
"- Yes
B- Ko
Dealin work not performed under an
enineer;s direct super$ision is commonly
termed 3plan stampin.5 Liolations of the
"ct or any rule or reulation of the Board
is suGcient cause for the Board to suspend
or re$oke an enineer;s license( to issue a
formal or informal reprimand( or to issue
administrati$e fnes.
-uestion 0. Ehat Dection of the "ct allows
the Board to discipline a license holderH
"- @1001.:B'B
B- @1001.'0+
/- @1001.:0B
D- @1001.:0>
E- @1001.:B1
-uestion 1. "ssume that Da$id is found to
ha$e sealed work not performed under his
direct super$ision( what would %e the
recommended sanction for this $iolation
%ased on the ta%le in @1+=.+B,%-H
"- #eprimand<M1000 fne
B- ' year suspension< M'(B00 fne
/- + year suspension<M+(000 fne
D- #e$ocation<M+(000 fne
E- 1 year suspension<M1(B00 fne
Dcenario '
3Ehy ?icensureH5
Trish is an unlicensed software enineer
and has wondered why licensin of
enineers is important.
Fer friend *osN( a licensed enineer(
explains that the licensin process was
esta%lished %y the Texas ?eislature after
a traic explosion of a school in Kew
?ondon( Texas in 1=+>( in which more than
'00 children and teachers were killed.
*osN ela%orates that the ?aw states that
the pri$ilee of practicin enineerin is
entrusted only to those persons duly
licensed( this in order to protect the
health( safety and welfare of the pu%lic.
*osN i$es Trish a copy of the "ct and
%oard rules for reference. "lthouh Trish
works for an industry that is 3exempt5
from the re2uirement of licensure( she
learns that if she e$er oIers or pro$ides
enineerin ser$ices outside her company(
she will %e re2uired to %e licensed.
-uestion 2. Ehich Dection of the Texas "ct
would exempt an enineerin employee
workin solely for a manufacturin frm from
the enineerin licensure pro$isions of the
"ctH
"- @1001.0B>
B- @1001.0B0
/- @1001.000
D- @1001.0BJ
E- @1001.0BB
Throuh further in2uiry( Trish learns that she
cannot ad$ance to the top administrati$e
positions of her company unless she has an
enineerin license. Dhe informs the
corporate enineerin director of her interest
in licensure( and he encouraes her to
pursue it.
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"fter studyin the "ct and %oard rules(
Trish learns that the licensure process
re2uires( amon other thins(
documentation of her enineerin
experience and suita%le enineerin
references. But this causes Trish to %e
concerned a%out a pre$ious employment
situation which she left due to diGcult
personal reasons not related to her
technical a%ilities.
"lthouh she knows she is technically
competent and is a talented enineer(
Trish is fairly certain that her former
super$isor( Ouentin( a licensed enineer(
holds a rude aainst her and will not
i$e her a fa$ora%le reference %ecause of
the diGcult circumstances surroundin her
departure. Ke$ertheless( Trish decides to
ask Ouentin to $erify this portion of her
enineerin experience in her application
since he was her enineerin super$isor.
-uestion 3. Ehich Dection in the "ct or
which %oard rules should protect Trish from a
retaliatory action from her former
super$isorH
"- @1001.'1'
B- @1001.:B'
/- 1++.B1,c-
D- 1+>.0+,c-,'-
E- @1+>.+>
Dcenario +
/ompetiti$e Biddin( !olitical /ontri%utions( and Parketin
#achelle( a licensed enineer and
corporate oGcer in her enineerin frm(
has %een $ery in$ol$ed in community
aIairs o$er her entire professional career(
and is supporti$e of political candidates
who represent what she %elie$es to %e
%etter o$ernment.
" local county oGcial( !hillip( has ained
acclaim %y seekin %etter recreational
facilities for the economically
disad$antaed persons of his county.
!hillip sends #achelle a #e2uest for
!roposal ,#C!- which re2uests a %id for a
hydroloy study associated with a new
phase of de$elopment in a low-lyin park
area.
The #C! emphasi6es that /ounty funds are
limited( that !hillip intends that the
pro8ect help as many disad$antaed
persons as possi%le( and that the fee will
%e considered in selection of the enineer.
Ehile #achelle is sympathetic with
!hillip;s aspirations to help the
disad$antaed( she responds to the #C!
with a letter statin that competiti$e
%iddin for enineerin ser$ices in the
pu%lic sector is prohi%ited %y law under
the !rofessional Der$ices !rocurement "ct
,!D!"-.
Dhe reminded !hillip that( accordin to the
Texas %oard rules( an enineer can %e
sanctioned for %iddin enineerin ser$ices
on pu%lic works.
-uestion *. Ehich Dection of the "ct or
%oard rule most clearly directs an enineer
on the matter of competiti$e %iddin for
pu%lic work with a o$ernmental entity or
their representati$eH
"- @1001.'0+
B- @1001.:0'
/- @1001.:0>
D- 1+>.B>,a-
E- 1+>.B+,a-
-uestion .4. Do the "ct or %oard rules
prohi%it competiti$e %iddin for enineerin
ser$ices in the pri$ate sectorH
"- Yes
B- Ko
#achelle;s frm opens a new %ranch oGce in
a city where se$eral politicians ask for
sinifcant support and( in some instances( it
appears that 3inducements5 are necessary to
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"Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers
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%e awarded enineerin work. Despite
her inclination to contri%ute fnancially to
worthy candidates( the $enal demeanor of
these local politicians concerns #achelle.
-uestion ... Ehich %oard rule i$es
uidance to enineers on the matter of
3inducementsH5
"- 1+>.B>,%-
B- 1+>.B>,c-
/- 1+>.B>,d-
D- 1+>.0+,c-,:-
E- 1+>.0+,c-,B-
#achelle decides to continue her tradition
of contri%utin to indi$idual candidates
and to the enineerin political action
committee. Dhe is satisfed that she is
doin so to promote %etter o$ernment
and is not contri%utin amounts that
would %e construed as 3%uyin5 work.
?ater( #achelle;s frm has the opportunity
to su%mit a Dtatement of Oualifcations
,D.O- on a $ery lare( hih-profle
transportation pro8ect in the city. The city
will i$e preference for 3local5 talent.
Fer %usiness de$elopment team leader(
!earce( assem%les the company;s
experience record and prepares pro8ect-
specifc rNsumNs for each mem%er of the
pro8ect team for inclusion in the D.O. "
ferce competitor( !earce drafts the D.O(
em%ellishin ,actually( o$erstatin- the
frm;s 3local5 capa%ility to perform the
enineerin ser$ices for the /ity. "mon
other thins( the D.O attri%utes key
expertise needed for the proposed
transportation pro8ect to a senior enineer
%ut that enineer works in an out-of-state
%ranch of #achelle;s frm. !earce includes
him in the D.O( %ut fails to mention he is not
3local.5
Ehile re$iewin the fnal draft of the D.O(
8ust prior to su%mittal( #achelle notices these
em%ellishments. "lthouh it is not likely that
any of the D.O re$iewers ,/ity oGcials- will
pick up on how !earce has 3em%ellished5 her
frm;s 2ualifcations( this trou%les #achelle.
)n particular( #achelle wonders whether it is
decei$in to represent her frm in the way
the D.O descri%es its capa%ilities and
experience.
-uestion .&. Ehich Dection of the "ct or
which %oard rule most clearly directs
#achelle and her frm reardin the
representations in the D.OH
"- @1001.'0+
B- @1001.:0>
/- 1+>.>>
D- 1+>.01,%-
E- 1+>.0+,%-,+-
#achelle also notices that the Texas "ct i$es
the Board authority to le$y a fne for makin
misleadin statements prohi%ited %y Texas
%oard rule 1+>.B>,%-.
-uestion .'. Ehat is the suested
sanction for makin a fraudulent statement
or misrepresentation accordin to rule
1+=.+B,%-H
"- 1 year suspension<M1(B00 fne
B- ' year suspension<M'(B00 fne
/- + year suspension<M+(000 fne
D- #e$ocation<M+(000 fne
E- Board;s discretion
Dcenario :
!ractice in "ccordance with "ccepted Enineerin !ractices and
Dtandards
Lan Qandt( a retired petroleum enineer(
relocates to a ma8or metropolitan area. "fter
a time( Lan Qandt decides he can put his
enineerin skills to use %y workin as a sole
proprietor enineer( doin part-time
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"Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers
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consultin on residential type construction
issues.
Fe %elie$es that if he mastered the
intricacies of a refnery that he is 2ualifed
to consult for residential construction.
The work keeps him %usy( the pro8ects are
2uick and simple( paperwork is minimal(
and the money is ood. Thus Lan Qandt
soon fnds him doin a %risk %usiness( %ut
then he hits a run of %ad luck.
"s part of a routine inspection( Lan Qandt
issues a letter( %earin his Texas
enineer;s seal( that states and certifes
that foundation repairs for a residence are
in conformance with industry standards.
Fowe$er( a su%se2uent enineerin
inspection %y another enineer
determined that the foundation repairs did
not meet city codes or industry standards
and that enineer fled a complaint
aainst Lan Qandt.
The Board in$estiated the complaint and
found that Lan Qandt did not support his
opinions and( since the letter contained
false( deceitful and<or misleadin
information( Lan Qandt was not actin as
a faithful aent for his client.
-uestion ./. Ehere in the "ct or %oard
rules can Lan Qandt fnd the specifc
mandate pertainin to his responsi%ility to
%e a faithful aent for his clientH
"- @1001.10+
B- 1+>.BB,%-
/- 1+>.B>,a- and ,%-
D- 1+>.0+,a-
E- 1+>.0+,%-,:-
Dome time later( Lan Qandt testifes as an
expert witness in a lawsuit. Fe makes the
followin statements under oath %ased on
his own enineerin 8udment&
The contact of a !ier to a $eam under
the (est (all foundation of the client)s
retail store (as reduced $* onl* 10+#
and
, sla$ surface 1- inches out of le"el
o"er 1-0 feet (ould $e .(ithin
tolerance/
E$idence disco$ered %y another enineer
showed the actual reduction in pier-to-%eam
contact was J'R( not =0R( and raised
dou%ts a%out Lan Qandt;s opinion reardin
the le$elness of the sla% surface.
Curthermore( the second enineer;s report
contained sinifcant e$idence in photos(
raphics( and analytical calculations( and
showed that Lan Qandt;s frst statement was
inaccurate and the second statement was
%oth inaccurate and misleadin.
Lan Qandt;s 32uick and dirty5 approach did
not include ade2uate modelin( calculations(
or analysis and thus aIorded no %asis for his
statements at the time of his testimony.
The court determined that pro$idin such
testimony without fully disclosin the %asis
and rationale for his opinion was contrary to
enerally accepted scientifc and enineerin
standards and principles( aain puttin Lan
Qandt %efore the Board.
-uestion .0. Ehich Dection of the "ct or
%oard rules most clearly directs an enineer
reardin his or her responsi%ilities when
i$in expert testimonyH
"- @1001.'1+
B- @1001.00:
/- 1+>.B=,c-
D- 1+>.0+,%-,:-
E- @1+>.01,%-
-uestion .1. Ehen approached with
disciplinary action( Lan Qandt claimed that
he was not su%8ect to such actions per the
expert witness exemption in the "ct. )n
re$iewin @1001.00:,e-( is this trueH
"- Yes
B- Ko
Lan Qandt;s ultimate downfall was related to
another pro8ect( in which he wrote a letter(
with his Texas professional enineer seal
aGxed( to the potential %uyer of a home
outside the city limits reardin his
inspection of the septic system. Lan Qandt
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stated that the septic system was
constructed in accordance with the rules
existin at that time and he certifed that
the septic system was functionin
ade2uately.
But a professional sanitarian retained %y
the realtor inspected the same septic
system the followin week and pro$ided a
written report( in which he stated that the
system appeared to %e 3non-standard.5 )t
was not constructed in accordance with
state reulations and( in fact( constituted
a health ha6ard with raw sewae exposed
to the atmosphere throuh a non-seala%le
lid.
Du%se2uently( a county oGcial inspected
the same system and pro$ided a written
report to the residents indicatin that the
system could not %e permitted and was
illeally discharin sewae.
The Board deemed Lan Qandt incompetent
to practice in this area. Fe was also found
rossly nelient( in part %ecause he failed
to identify a potentially danerous sewae
disposal situation that could potentially harm
the pu%lic.
-uestion .2. Ehich Dection of the "ct or
%oard rules determines ross nelience %y
an enineer is a $iolationH
"- @1001.+0',d-
B- 1+>.BB,%-
/- 1+1.J1,10-
D- 1+1.J1,1B-
E- @1+>.0+,c-,'-
Dcenario B
/onSict of )nterest
Teore is a raduate mechanical
enineer( and ha$in passed the CE exam
durin his senior year in collee( he now
works as an Enineer in Trainin ,E)T- for a
medium-si6ed enineerin frm under the
super$ision of "lex( a licensed professional
enineer.
The frm is contemplatin su%mittin a
2ualifcations packae for the mechanical
desin related to a multi-story hospital
addition. Teore;s mother happens to %e
a prominent physician and a liaison oGcial
of the hospital %oard and has some
inSuence in the fnal selection of the
enineerin frm that ets this pro8ect.
Teore reconi6es that a conSict of
interest may exist and decides to inform
"lex( %ut %efore he does( he checks the
"ct and %oard rules for uidance.
-uestion .3. Ehich Dection of the "ct or
which %oard rule concerns conSicts of
interestH
"- @1+>.B>,d-
B- @1+=.1+
/- 1+=.1>
D- 1001.0B+
E- 1+>.B+
Teore tells "lex a%out the possi%le conSict
of interest( %ut "lex takes the position that
since Teore is not a principal in the frm( no
pro%lem exists. Fe tells Teore not to worry(
and proceeds to su%mit the frm;s
2ualifcations for consideration( makin no
mention of Teore;s employment in the
su%mittal.
Teore %elie$es he has done all he needs to
do %y informin his employer of the possi%le
conSict of interest.
"lso( Teore discusses the matter with his
mother( and %ased on their con$ersation he
feels sure that she would not rant any
fa$ors %ecause of his in$ol$ement in the
pro8ect.
Dtill( the fact that "lex failed to mention him
in the 2ualifcations packae seems improper
and causes Teore to remain uneasy.
Dhould "lex ha$e done moreH Dhould
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Teore do moreH
-uestion .*. Under which %oard rule is
a licensed enineer such as "lex o$ligated
to inform the clientH
"- 1+>.BB,a-
B- 1+>.01,c-
/- 1+>.B>,c-
D- 1+>.0+,c-,:-
E- 1+>.0B,%-
Dhortly thereafter( "lex reconi6es that
Teore;s relationship may %e percei$ed as
an ethical issue and decides to disclose
the matter to all aIected parties( in
particular( to the hospital %oard.
"lex;s frm is awarded the contract and
"lex assins Teore to do the FL"/
desin.
"s it happens( "lex has a friend who
manufactures automatic shut-oI $al$es
which are marketed to %oth desin and
mechanical contractor frms. "lex ets a
small percentae of the proft from his
friend when he specifes their use.
Fe instructs Teore to specify these
$al$es on the pro8ect.
Teore is concerned %y this re2uest( %ut
since he is not personally ettin anythin
for specifyin the $al$es( he proceeds with
the desin as instructed.
-uestion &4. Ehich Dection of the "ct or
which %oard rule %est prohi%its "lex;s
actions to specify these $al$esH
"- 1+>.B>,c-
B- 1+>.B+
/- 1+>.B=,a-
D- @1001.:B'0
E- @1+>.0+,c-,B-
" short time later( Teore reali6es that the
scope of this pro8ect re2uires that he
optimi6e the desin throuh the use of a
proprietary software proram( one which the
frm does not yet own and which will cost a
few thousand dollars.
Ehen Teore informs "lex of this need( "lex
%reaks into a %road smile and tells Teore(
3);m way ahead of you. Fere( take thisV5
Puch to Teore;s deliht( "lex hands him
the software. Teore is $ery pleased until(
while uploadin the proram( he reali6es that
this is a pirated copy of the proram that
"lex 3%orrowed5 from a pre$ious employer.
-uestion &.. Ehich Dection of the "ct or
which %oard rule %est addresses "lex;s
dishonest practice when appropriatin the
pirated softwareH
"- 1+>.BB,a-
B- 1+>.B=,a-
/- 1+>.+B
D- 1+>.0+,%-,+-
E- 1001.:B'
Dcenario 0
!racticin Eithout a ?icense
*eI( an electrical enineer( su%mitted
enineered desin drawins for a parkin
arae lihtin and $ertical con$eyance
system to the Qip /ompany. The drawins
%ore his Texas enineer seal and sinature
and were dated Decem%er 1'( '00+. But
Board records re$ealed that *eI;s Texas
enineer license expired on .cto%er 1(
'00+.
*eI renewed his license on *anuary '(
'00:. "lthouh his license is now current(
the enineerin work *eI pro$ided for the
pro8ect while his license was expired was
unlawful.
-uestion &&. Ehich Dection of the %oard
rule or "ct %est indicates that *eI;s actions
were illeal in sealin the documentsH
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)t turns out that *eI;s Texas enineer
license expired simply %ecause he failed
to immediately notify the Board in writin
of his
mailin address chane that occurred
when he chaned 8o%s in Pay '000. This
resulted in *eI not recei$in the renewal
statement that
the Board mailed to his pre$ious address.
-uestion &'. )nformin the Board
immediately of a chane in address is
re2uired %y which Dection of the "ct or %oard
rule listed %elowH
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*eI also learned that( accordin to %oard rule
1+>.B( he must also inform the %oard when
he chanes employment.
Dcenario >
Poral /ourae
Den6el( a successful licensed ci$il
enineer( %ecomes the president of his
frm and puts in place a company code of
ethics( drawin on se$eral codes as
models. Den6el;s early experience has
con$inced him that professional
responsi%ilities o %eyond 8ust o%eyin the
law.
Cor example( he recalls a situation in the
mid-1=J0s when one of his eotechnical
colleaues( Paria( o%ser$ed inade2uate
shorin in a ma8or utility trench. This was
not Paria;s pro8ect %ut was desined %y
one of her competitors( !aul.
"lthouh Paria attempted to %rin the
defciencies to !aul;s attention( it %ecame
clear to her that !aul was hihly distracted
and was not ade2uately monitorin the
pro8ect. Curther( Paria knew that while it
would %e easier for her to inore this
possi%ly danerous situation9 if she did
inore the potential pro%lem( she felt she
would not %e 3protectin the health(
safety( and welfare of the pu%lic5 which is
a $ital responsi%ility of an enineer.
-uestion &/. )f !aul fails to correct the
situation( which Dection of the "ct or
%oard rules informs Paria a%out her
responsi%ility to report !aul to the
appropriate authority or the Texas BoardH
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Puch later( 8ust %efore his retirement( Den6el
%ecomes occupied with a new challene.
Fis frm wins a contract with the /ity to
desin a new o$erpass and pro$ide
enineerin ser$ices durin the construction
phase. The pro8ect was assined to one of
their most respected enineers( Bill( a !E
who desins the o$erpass and in the desin
specifcations( he specifes the use of
concrete %arriers %etween opposin lanes for
traGc control in the detour lanes around the
construction 6one.
"fter su%mittin the fnal desin drawins
and specifcations( sealed in accordance with
state law( the /ity enineer calls and
re2uests that( for fnancial reasons( the
traGc control measures consistin of lare
plastic %arrels %e placed instead of concrete
%arriers as specifed in Bill;s su%mittal.
Bill informs Den6el that the applica%le desin
standards do allow for the use of %arrels( %ut
he opposes the chane( expressin the
concern that the chane miht compromise
the le$el of safety needed in this particular
situation %ecause of the hih traGc $olume
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and under-enforced speed limits. Den6el
supports Bill;s
opinion.
Ke$er-the-less( the /ity;s transportation
enineer( also a !E( decides that the
additional risk is accepta%le( and makes
the chane in Bill;s desin specifcations.
Bill and Den6el are aware of this chane
%ut make no further comment.
-uestion &0. Ehich Dection in the %oard
rules most clearly instructs enineers in
the Board;s re2uirements when makin
chanes to the desin work done %y
another enineerH
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"n unfortunate accident occurs durin
construction of the o$erpass. " traic
head-on collision %etween two $ehicles
resulted in the loss of se$eral li$es. This
traedy would likely ha$e %een pre$ented
if diIerent decisions had %een made %y
the city enineer reardin the use of
concrete %arriers instead of plastic %arrels.
This sad experience( late in his career(
was a so%erin reminder to Den6el that a
hih standard of care in enineerin
practice is crucial in the enineerin
profession.
)t also made Den6el con$ey to all his
enineers that when they aree to allow
someone to make chanes in their desin
and specifcations( they must take that
decision $ery seriously.
Fe reminded his enineers that it is their
responsi%ility to always %e on the lookout
for situations that may put the pu%lic in
3Farm;s way5 and to always stri$in for
excellence and hih standards to protect
the health( safety and welfare of the
citi6ens of Texas.
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