
"Texas Engineering Professional Conduct and Ethics Examination”-- Texas Board of Professional Engineers and Land Surveyors
Version XIII-- Page 5 of 9
satisfied that she is doing so to promote better
government and is not contributing amounts
that would be construed as “buying” work.
L
ater, Rachelle’s firm has the opportunity to
submit a Statement of Qualifications (SOQ) on a
very large, high-profile transportation project in
the city. The city will give preference for “local”
talent.
Her business development team leader, Pearce,
assembles the company’s experience record and
prepares project-specific résumés for each
member of the project team for inclusion in the
SOQ. A fierce competitor, Pearce drafts the
SOQ, embellishing (actually, overstating) the
firm’s “local” capability to perform the
engineering services for the City. Among other
things, the SOQ attributes key expertise needed
for the proposed transportation project to a
senior engineer but that engineer works in an
out-of-state branch of Rachelle’s firm. Pearce
includes him in the SOQ, but fails to mention he
is not “local.”
While reviewing the final draft of the SOQ, just
prior to submittal, Rachelle notices these
embellishments. Although it is not likely that
any of the SOQ reviewers (City officials) will pick
up on how Pearce has “embellished” her firm’s
qualifications, this troubles Rachelle.
In
particular, Rachelle wonders whether it is
deceiving to represent her firm in the way the SOQ
describes its capabilities and experience.
Question 12. Which Section of the Act or which
board rule most clearly directs Rachelle and her
firm regarding the representations in the SOQ?
A) §1001.203
B) §1001.407
C) §137.77
D) §137.61(b)
E) §137.63(b)(3)
Rachelle also notices that the Texas Act gives the
Board authority to levy a fine for making
misleading statements prohibited by Texas board
rule §137.57(b).
Question 13. What is the suggested sanction for
making a fraudulent statement or
misrepresentation according to rule §139.35(b)?
A) 1 year suspension/$750 fine
B) 2 year suspension/ $4,000 fine
C) 3 year suspension/$5,000 fine
D) Revocation/$5,000 fine
E) Board’s discretion
Scenario 4
Practice in Accordance with Accepted Engineering Practices and Standards
Van Zandt, a retired petroleum engineer,
relocates to a major metropolitan area. After a
time, Van Zandt decides he can put his
engineering skills to use by working as a sole
proprietor engineer, doing part-time consulting
on residential type construction issues.
He believes that if he mastered the intricacies of
a refinery that he is qualified to consult for
residential construction.
The work keeps him busy, the projects are quick
and simple, paperwork is minimal, and the
money is good. Thus Van Zandt soon finds him
doing a brisk business, but then he hits a run of
bad luck.
P01/revised 11/19
A
s part of a routine inspection, Van Zandt issues a
letter, bearing his Texas engineer’s seal, that states
and certifies that foundation repairs for a residence
are in conformance with industry standards.
H
owever, a subsequent engineering inspection by
another engineer determined that the foundation
repairs did not meet city codes or industry
standards and that engineer filed a complaint
against Van Zandt.
The Board investigated the complaint and found
that Van Zandt did not support his opinions and,
since the letter contained false, deceitful and/or
misleading information, Van Zandt was not acting
as a faithful agent for his client.