# Do I need a license?



## ejrego (Aug 27, 2020)

Hello everyone,

I am new to the USA and on this forum. I have been practicing mechanical engineering for the past 8 years in my home country and I recently moved to Texas.

I focus mainly on product design, like high end/high tech furniture (i.e: moving beds that conceal in the wall), some consumer products like wearables, coffee machines, self cleaning litter boxes, etc. I don't do anything that has to do with safety (i.e: car seats).

So I am planning on starting a company in Texas, where I can do those things under the umbrella of an LLC. I am planning on offering some manufacturing services for clients that wants to hire me for producing their products.

In this case do I need to be a licensed engineer to do such activities?

I understand there are lots of feelings out there concerning a license, so please keep the answers civilized and based on facts and not feelings. I am not trying to cheat the system, I just need to know what I need to do next.


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## Dothracki PE (Aug 28, 2020)

Welcome @ejrego I am not too familiar with manufacturing protocols/laws, especially in Texas. My background is in the construction industry. From what I have read on similar posts on this forum, construction seems to be one of very few engineering divisions that would require a PE stamp on the final product. Most local building/construction codes/laws in the Unites States dictate that plans must be signed/sealed by a registered architect or licensed professional engineer and reviewed by some form of quality assurance on the part of the jurisdiction. 

That being said, being if you did pursue a professional license, it would certainly help the business. 

In any case, I hope you succeed with your business. That sounds like you have some great experience and there is no shortage in a need for specialty products for resdiential and commercial buildings. Although at the moment, the commercial side has the most demand at the moment with people trying to come up with innovative ways to get employees back into some sort of office setting.


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## Orchid PE (Aug 28, 2020)

@ejrego

Per TEXAS ENGINEERING PRACTICE ACT AND RULES CONCERNING THE PRACTICE OF ENGINEERING AND PROFESSIONAL ENGINEERING LICENSURE (that's a mouthful) (link): 




Someone who is licensed in Texas my be able to provide you with better information. However, having worked for a manufacturing company here in Florida, I know the engineers (mechanical and electrical) were not required to be licensed.

Also clarified here (link):


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## Edgy Cheesy Graphite PE (Aug 28, 2020)

*Best advice. Ask a lawyer who is an expert in such matters.*

My opinion follows:

I don't know Texas rules specifically, but I would expect that you don't need a license.

A license is required for an engineer or engineering firm to offer consulting services and to stamp drawings that require stamps (very common in construction). Also many public sector (i.e. government) positions require a PE. I've never owned a company, but I've had a 15 year career in manufacturing and VERY few engineers are licensed.

In the US we have what's called the "industrial exemption". When a licensed engineer stamps a drawing, that engineer is accepting liability for the design. The industrial exemption basically said that in industry a specific engineer doesn't need to accept liability because the company is accepting all liability. For example if a car has a dangerous design flaw, the car manufacturer would be liable, not the individual engineer.

I'd suggest that you research the industrial exemption, and again, *the best thing you can do is confirm with a lawyer.*


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