3.4 Engineer's Seal and Signature Requirements

) and (TBPELS) provide guidance on signing and sealing regulations. The TEPA and TBPELS regulations apply to individuals and firms that engage in the practice of engineering. The Texas Board of Professional Engineers authority, in the case of department employees, is with individual engineers.
For this section, the following acronyms are defined:
  • SSD
    - Signed, sealed and dated.
  • SD
    - Signed and dated with P. E. designation and printed name.

3.4.1 Signing and Sealing Regulations

Signing and sealing requirements in the TEPA and the TBPELS apply in accordance with Section 19 of the TEPA. If the
final
(
emphasis added
) document is directly tied to a project that is a public facility or an engineering decision is made for a public facility,
construction or maintenance
, the engineering
signing and sealing regulations apply
. When TxDOT provides an engineering service for a third party, the regulations apply as well.
Examples include:
  • Before final plans for Letting Memorandum and correspondence (internal documents)
    - Routine communications require SSD only when they are part of the final product for the PS&E. The final product for PS&E includes the proposal and plans. Draft or preliminary documents under the engineer’s control do not require SSD.
    Released preliminary or incomplete documents should not be sealed or signed
    . They should be dated and identify the authoring professional(s) and registration number(s). They should contain statements clearly identifying them as preliminary or incomplete.
  • Changes during construction or maintenance work
    - Changes by memorandum and notes without SSD are permissible as long as a final change is made to the document in accordance with signing and sealing regulations. For example, changes are sometimes made to traffic control requirements on the plans through sketches and markings on sheets. As long as the engineer maintains control or has direct supervision over those changes, and there is a follow-up sheet or document that is properly SSD, it is permissible to withhold the SSD until the final document for the change is complete. Timely completion of the final document is needed in order for the engineer to maintain control over engineering decisions. There are instances where a TxDOT engineer not directly involved in a project provides advice to a TxDOT project or field engineer who is directly involved in making decisions on a project. Advice or opinions do not require SSD 3-35 | PS&E Preparation Manual Table of Contents Instructions Reference Links Table of Contents Instructions Reference Links when the project or field engineer makes the decision for implementing a change. In these cases, the project or field engineer takes direct responsibility for the decision, and SSD requirements apply to the project or field engineer.
When an engineer outside of the project office provides exact details and instructions and those details and instructions are implemented with no further engineering decision, SSD requirements will apply to the engineer responsible for the details and instructions implemented. An SSD record document needs to be kept with the project files.
Email communications may be used to quickly deliver an engineering decision that is directly tied to a project. Later plan sheet changes, change orders and specifications can be finalized to incorporate the change with SSD. Again, timely completion of the final document is needed for the engineer to maintain control over engineering decisions.
The regulations apply to maintenance work as well. Changes to copies of standard sheets, such as traffic control standard sheets used for maintenance work in the field, will require an SSD.
An engineer’s verbal direction in the field does not require any documentation to be in compliance with the TBPER. Department procedures may, however, require documentation of changes and therefore, SSD requirements must be met for the documented change.

3.4.2 Using Signatures or Signatures and Seal

SSD applies to the documents that are directly tied to a project, construction or maintenance. The following guidance is provided for whether a document should be considered an engineering document tied directly to public works.
Use SD for formal engineering recommendations, evaluations, opinions and analysis released to the public or for department distribution. Signed originals may be kept in pertinent files to comply with rules and regulations. Examples are as follows:
  • Claims reports;
  • Foundation reports;
  • Laboratory studies;
  • Pavement designs;
  • Soil classifications;
  • Construction time analysis; and
  • Traffic analysis.

3.4.3 Traffic Control for State Force Maintenance

Engineers can meet the requirements for direct supervision for implementation of traffic control for state force maintenance projects through training of maintenance staff and District operating procedures. District operating procedures can vary from training maintenance staff in the proper selection of standards and placement of devices in accordance with the standard, to developing modified standard or new project specific traffic control plans SSD by the responsible engineer. Any markings to modify a standard or sketch used for a traffic control layout must be done under the direct supervision of the responsible engineer and must be SSD.

3.4.4 Sealing and Dating Construction Documents

Licensed professional engineers must affix their seal and original signature or electronic seal and signature with the date on the final version of their engineering work before such work is released from their control.

3.4.5 Electronic Seals and Signature Requirements

Licensed professional engineers must maintain the security of their electronic seals and electronic signatures. The following methods are allowed:
  • Licensed professional engineers may electronically copy their original hard copy work that bears their seal, original signature, and date and transmit this work in a secure electronic format; or
  • An engineer may create an electronic seal and digital signature for use in transmitting electronically formatted engineering work, regardless of whether the work was originally in hard copy or electronic format.
DES strongly recommends using electronic signatures whenever possible. Utilize digital signature applications such as DocuSign and Adobe, rather than attempting to print/sign/scan documents.
Further guidance on digital signatures can be found on the TxDOT.gov .
The is the authority for licensed professional engineers. Chapter 137, Subchapter B: Sealing Requirements, §137.31 through §137.37 outline the requirements for signing, sealing, and dating of engineering documents.