1. (a) Any firm, sole-proprietorship, partnership, association, corporation, or other business entity shall not offer or perform engineering services to the public unless registered with the board pursuant to the requirements of Chapter 135 (Relating to Firms and Sole Proprietorships) of this title.
2. (b) Any firm, sole-proprietorship, partnership, association, corporation, or other business entity shall provide that at least one full-time active license holder is employed with the entity and that the active license holder performs or directly supervises all engineering work and activities that require a license that is performed in the primary, branch, remote, or project office(s).
3. (c) An active license holder who is a sole proprietor shall satisfy the requirement of the regular, full-time employee.
4. (d) No engineering services are to be offered to or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.
5. (e) Pursuant to §1001.405(g) of the Act, a business entity that offers or is engaged in the practice of engineering in Texas and is found to not be registered with the board shall register with the board pursuant to the requirements of Chapter 135 of this title within 30 days of written notice from the board.
6. (f) A business entity that offers or is engaged in the practice of engineering in Texas and that fails to comply with subsection (e) of this section or that has previously been registered with the board and whose registration has expired shall be considered to be in violation of the Act and board rules and will be subject to administrative penalties as set forth in §§1001.501-508 of the Act and §139.35 of this title (relating to Penalties and Sanctions).
7. (g) The board may revoke a certificate of registration that was obtained in violation of the Act and/or board rules including, but not limited to, fraudulent or misleading information submitted in the application or lack of employee relationship with the designated professional engineer for the firm.
8. (h) If a firm has notified the board that it is no longer offering or performing engineer services to the public, including the absence of a regular, full-time employee who is an active professional engineer licensed in Texas, the certificate of registration record will be placed in inactive status until the board is notified of resumed offering and services. If firm certificate of registration is inactive, the certificate of registration will expire under the same requirements of subsections (e) and (f) of this section unless renewed.

Source Note:The provisions of this §137.77 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective January 1, 2006, 30 TexReg 8688.