The Texas Board of Professional Engineers and Land Surveyors (TBPELS) licenses and regulates professional engineers and land surveyors to ensure they comply with all applicable laws and rules. As an integral part of its responsibilities under state law, the TBPELS receives and investigates complaints against licensees and initiates disciplinary action if needed. Disciplinary proceedings can seriously affect your professional engineer or land surveyor’s license. Therefore, if you receive a complaint against your license, we urge you to seek assistance from an experienced engineer’s license defense lawyer.
Criminal History and Convictions
As of March 23, 2023, TBPELS added Chapter 140, which relates to Criminal History and Convictions, to the rules that govern professional engineers and land surveyors. This Chapter updated and replaced previous TBPELS rules on criminal convictions.
Under 22 Tex. Admin. Code §140.1, TBPELS may suspend or revoke an existing license if a professional engineer is convicted of an offense listed under Tex. Occ. Code §53.021(a) or has a deferred adjudication that qualifies as a conviction under Tex. Occ. Code §53.021(d). The same provision applies to land surveyors under 22 Tex. Admin. Code §140.3. §53.021(a) refers to criminal offenses that directly relate to the duties and responsibilities of professional engineers or land surveyors, certain violent or very serious criminal offenses, and sexually violent offenses.
Tex. Occ. Code §53.021(d) refers to the commission of certain serious criminal offenses or other criminal offenses if the licensee has failed to complete the period of supervision or has completed the period of supervision less than five years prior, or for which a conviction would make the person ineligible for a license. Therefore, a conviction is not always a prerequisite to disciplinary action against a licensee. Additionally, TBPELS would have to find that the person may pose a continued threat to public safety or that the person’s employment in the licensed occupation would create a situation where the person can repeat the prohibited conduct.
Click to contact our professional license defense lawyers today
Factors Determining Whether a Conviction Directly Relates to an Occupation
Complete a Case Evaluation form now
When TBPELS determines whether a criminal conviction directly relates to the duties and responsibilities of a particular occupation, it must consider the following factors under Tex. Occ. Code §53.022:
- The nature and seriousness of the crime;
- The relationship of the crime to the purposes for requiring a license to engage in the occupation;
- The extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;
- The relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and
- Any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.
The TBPELS Guidelines for Applicants, Licensees, and Registrants with Criminal Convictions provides a list of more specific crimes that directly relate to the occupations of professional engineer or land surveyor. However, there may be other crimes not listed that also involve a lack of honesty, integrity, fidelity, or exercise of good judgment, which adversely impact the special trust and ethical duties professional engineers and land surveyors owe to their clients. These crimes include:
- Any crime that involves a disregard for the health, safety, or welfare of the general public or individuals;
- Violent crime against a person, including such as homicide, kidnapping, assault, crimes involving prohibited sexual conduct, or crimes involving children or elderly persons as victims;
- Any crime of which theft, fraud, or deceit is an essential element or crimes involving financial or other loss for a client(s) or the public, including crimes against property such as theft or burglary;
- Any crime related to property violations or trespassing; and
- Any crime that demonstrates a lack of professional judgment expected of a licensee, including a crime involving drugs or alcohol.
In addition to these specific crimes, TBPELS will consider multiple violations of any criminal statute that may render a licensee unfit for continued work in their field.
Additional Factors for TBPELS to Consider When a Conviction Directly Relates to an Occupation
Furthermore, if TBPELS determines that a criminal conviction directly relates to the duties and responsibilities of a particular occupation, it must consider the following additional factors under Tex. Occ. Code §53.023:
- The extent and nature of the person’s past criminal activity;
- The age of the person when the crime was committed;
- The amount of time that has elapsed since the person’s last criminal activity;
- The conduct and work activity of the person before and after the criminal activity;
- Evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release;
- Evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision; and
- Other evidence of the person’s fitness, including letters of recommendation.
We Are Here to Defend You Before TBPELS
When TBPELS notifies you that you are the subject of a complaint, you may not know where to turn. If you are in this situation, you should immediately call an engineer’s license defense attorney. We stand ready to represent your interests and defend you against the allegations you are facing. Call us today at (512) 856-6596 to reach the offices of Bertolino LLP or contact us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
