CHAPTER 1071. LAND SURVEYORS
OCCUPATIONS CODE
TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,
AND RELATED PRACTICES
SUBTITLE C. REGULATION OF LAND SURVEYING AND RELATED PRACTICES
CHAPTER 1071. LAND SURVEYORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1071.001. SHORT TITLE. This chapter may be cited as the
Professional Land Surveying Practices Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Professional Land
Surveying.
(2) "Commissioner" means the commissioner of the General Land
Office.
(3) "Delegated responsible charge" means the direct control of
professional surveying work performed under the supervision of a
registered professional land surveyor.
(4) "Land surveyor" means a registered professional land
surveyor or licensed state land surveyor.
(5) "Licensed state land surveyor" means a surveyor licensed by
the board to survey land in which the state or the permanent
school fund has an interest or perform other original surveys for
the purpose of filing field notes in the General Land Office.
(6) "Professional surveying" means the practice of land,
boundary, or property surveying or other similar professional
practices. The term includes:
(A) performing any service or work the adequate performance of
which involves applying special knowledge of the principles of
geodesy, mathematics, related applied and physical sciences, and
relevant laws to the measurement or location of sites, points,
lines, angles, elevations, natural features, and existing
man-made works in the air, on the earth's surface, within
underground workings, and on the beds of bodies of water to
determine areas and volumes for:
(i) locating real property boundaries;
(ii) platting and laying out land and subdivisions of land; or
(iii) preparing and perpetuating maps, record plats, field note
records, easements, and real property descriptions that represent
those surveys; and
(B) consulting, investigating, evaluating, analyzing, planning,
providing an expert surveying opinion or testimony, acquiring
survey data, preparing technical reports, and mapping to the
extent those acts are performed in connection with acts described
by this subdivision.
(7) "Registered professional land surveyor" means a person
registered by the board as a registered professional land
surveyor.
(8) "State land surveying" means the science or practice of land
measurement according to established and recognized methods
engaged in as a profession or service for the public for
compensation and consisting of the following activities conducted
when the resulting field notes or maps are to be filed with the
General Land Office:
(A) determining by survey the location or relocation of original
land grant boundaries and corners;
(B) calculating area and preparing field note descriptions of
surveyed and unsurveyed land or land in which the state or the
permanent school fund has an interest; and
(C) preparing maps showing the survey results.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
611, Sec. 1, eff. June 17, 2005.
Sec. 1071.003. APPLICATION OF SUNSET ACT. The Texas Board of
Professional Land Surveying is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the board is abolished and this chapter
expires September 1, 2015.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 1, eff. Sept.
1, 2003.
Sec. 1071.004. APPLICATION OF CHAPTER. This chapter does not
require the use of a registered professional land surveyor to
establish an easement or a construction estimate that does not
involve the monumentation, delineation, or preparation of a metes
and bounds description.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
Sec. 1071.051. BOARD MEMBERSHIP. (a) The Texas Board of
Professional Land Surveying consists of nine members as follows:
(1) the commissioner;
(2) two licensed state land surveyor members actively engaged in
the practice of state land surveying for not less than the five
years preceding appointment;
(3) three registered professional land surveyor members actively
engaged in the practice of professional surveying in this state
for not less than the five years preceding appointment; and
(4) three members who represent the public.
(b) The members of the board other than the commissioner are
appointed by the governor with the advice and consent of the
senate. The governor shall appoint the licensed state land
surveyor board members on the recommendation of the commissioner.
(c) A board member must be a United States citizen.
(d) If the commissioner is absent, the commissioner's duties as
a board member shall be performed by:
(1) the chief clerk of the General Land Office appointed by the
commissioner to perform any of the commissioner's duties if the
commissioner is sick, is absent, dies, or resigns; or
(2) a licensed state land surveyor employee of the General Land
Office designated by the commissioner to serve as director of
surveying for the office.
(e) A registered professional land surveyor board member may not
be licensed as a licensed state land surveyor.
(f) For purposes of the experience required for appointment as a
registered professional land surveyor board member, the teaching
of surveying in a recognized school of engineering or surveying
may be regarded as the practice of professional land surveying.
(g) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 23.01, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 16, Sec. 2, eff. Sept.
1, 2003.
Sec. 1071.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of surveying;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
funds from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving funds from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board and may not be an
employee of the board employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of surveying; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
surveying.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 3, eff. Sept.
1, 2003.
Sec. 1071.054. TERMS; OATH; VACANCY. (a) Members of the board
appointed by the governor serve staggered six-year terms, with
the terms of approximately one-third of those members expiring on
January 31 of each odd-numbered year.
(b) A board member appointed by the governor may not serve more
than two consecutive terms.
(c) Before assuming the duties of office, each board member
shall file with the secretary of state a copy of the
constitutional oath of office taken by the member.
(d) A vacancy on the board is filled by appointment by the
governor in the manner provided by Section 1071.051 for the
unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 23.02, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 16, Sec. 4, eff. Sept.
1, 2003.
Sec. 1071.055. OFFICERS. (a) The governor shall designate one
board member as the board's presiding officer to serve in that
capacity at the pleasure of the governor.
(b) The board shall elect a member as assistant presiding
officer at the first board meeting held after February 10 of each
odd-numbered year.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 1071.051 and 1071.052;
(2) does not maintain during service on the board the
qualifications required by Sections 1071.051 and 1071.052;
(3) is ineligible for membership under Section 1071.051,
1071.052, or 1071.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by majority vote of the
board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 5, eff. Sept.
1, 2003.
Sec. 1071.057. PER DIEM; REIMBURSEMENT. (a) Each board member
other than the commissioner is entitled to receive a per diem
allowance as set by the legislature for each day that the member
engages in official board duties, including time spent in
necessary travel.
(b) Each board member other than the commissioner is entitled to
reimbursement for all legitimate expenses incurred in performing
the member's duties.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.058. MEETINGS. (a) The board shall hold meetings at
least twice each year at times and places determined by the board
to transact business and examine approved applicants for:
(1) certification as a surveyor-in-training;
(2) registration as a registered professional land surveyor; or
(3) licensing as a licensed state land surveyor.
(b) The board shall hold regular and special meetings at the
times determined by the board. A special meeting may be called by
the presiding officer or by the assistant presiding officer if
the presiding officer is out of the state or unable to act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.059. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 6, eff. Sept. 1,
2003.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 1071.101. EXECUTIVE DIRECTOR. (a) The board shall employ
an executive director to conduct the administrative affairs of
the board under the board's direction. The executive director
serves at the pleasure of the board.
(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(42).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 26, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 285, Sec. 31(42), eff.
Sept. 1, 2003.
Sec. 1071.102. PERSONNEL. (a) The board shall employ or retain
persons as necessary to properly perform the board's work under
this chapter, including investigative services.
(b) The board may accept services necessary to perform the
board's work under this chapter that are provided by private
sources at no cost to the board.
(c) Compensation paid by the board under this chapter may not
exceed compensation paid for similar work in other state
agencies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.103. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly define the respective
responsibilities of the board and the staff of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.104. REQUIREMENTS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 7, eff. Sept.
1, 2003.
Sec. 1071.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency posting of all nonentry level positions
concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for board employees must be based on the system
established under this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure
that all personnel decisions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that show the intent of the board to
avoid the unlawful employment practices described by Chapter 21,
Labor Code; and
(2) an analysis of the extent to which the composition of the
board's personnel is in accordance with state and federal law and
a description of reasonable methods to achieve compliance with
state and federal law.
(b) A policy statement prepared under Subsection (a) must:
(1) be updated annually;
(2) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(3) be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 8, eff. Sept.
1, 2003.
SUBCHAPTER D. POWERS AND DUTIES OF BOARD
Sec. 1071.151. RULEMAKING AUTHORITY. (a) The board may adopt
and enforce reasonable and necessary rules and bylaws to perform
its duties under this chapter and to establish standards of
conduct and ethics for land surveyors.
(b) The board by rule shall prescribe the minimum standards for
professional surveying.
(c) The board by rule shall establish the enforcement process
for a violation of this chapter or a board rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 10, eff.
Sept. 1, 2003.
Sec. 1071.1515. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The board shall adopt rules necessary to comply with Chapter 53.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 11, eff. Sept. 1,
2003.
Sec. 1071.152. RECEIPT OF FEES; PAYMENT OF ADMINISTRATIVE COSTS.
(a) The executive director shall receive and account for fees
received under this chapter.
(b) General revenue of the state may not be used to pay the
costs of administering this chapter in an amount that exceeds the
amount of fees received under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.1521. FEE INCREASE. (a) The fee for the issuance of
a certificate of registration to a registered professional land
surveyor under this chapter and the fee for the renewal of a
certificate of registration for a registered professional land
surveyor under this chapter is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited in
the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c) This section does not apply to state agency employees who
are employed by the state as land surveyors.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 14(c), eff. Sept. 1,
2003.
Sec. 1071.1525. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
regarding the use of alternative dispute resolution by state
agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training necessary for
implementation of the negotiated rulemaking or alternative
dispute resolution procedures; and
(3) collect data on the effectiveness of the procedures as
implemented by the board.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1,
2003.
Sec. 1071.1526. FEES. The board shall set fees in amounts
reasonable and necessary to cover the costs of administering this
chapter.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1,
2003.
Sec. 1071.1527. REDUCED FEES FOR ELDERLY LAND SURVEYORS. The
board by rule may adopt reduced certificate of registration and
license fees and annual renewal fees for land surveyors who are
at least 65 years of age.
Added by Acts 2005, 79th Leg., Ch.
170, Sec. 1, eff. September 1, 2005.
Sec. 1071.153. OFFICE SPACE. The board shall arrange for
suitable office space and equipment as the board determines to be
necessary. The rental of office space and cost of equipment are
considered administrative expenses of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.154. SURVEYOR ROSTER; INFORMATION PROVIDED TO
SURVEYORS. (a) The board shall publish annually, at a time
determined by the board:
(1) a roster containing the name and place of business of each
land surveyor;
(2) the rules adopted by the board; and
(3) a copy of this chapter.
(b) The board shall charge a fee in an amount reasonable and
necessary to cover the costs of reproducing and mailing a copy of
the roster to a person who requests a copy.
(c) The board shall send annually to each land surveyor a copy
of this chapter and of the board's rules.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.155. BOARD RECORDS. (a) The board shall maintain a
record of its proceedings, including a record of money received
and spent by the board and a register of each applicant for
registration or licensing. The record shall be open for public
inspection at all reasonable times.
(b) The register must include:
(1) the name, age, and place of residence of the applicant;
(2) the application date;
(3) the applicant's place of business;
(4) the applicant's qualifications;
(5) if the application is rejected, the reasons for the
rejection;
(6) the date and result of each examination;
(7) the date and number of any certificate of registration or
license issued; and
(8) any other information the board determines necessary.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.156. REPRESENTATION OF BOARD AT CERTAIN MEETINGS. The
board's general counsel and board members may appear and
represent the board at committee meetings and other formal
meetings within the legislative or executive branch.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.157. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board by rule shall prescribe standards for
compliance with Subchapter A, Chapter 2254, Government Code.
(b) Except as provided by Subsection (a), the board may not
adopt rules restricting advertising or competitive bidding by a
person regulated by the board except to prohibit false,
misleading, or deceptive practices by that person.
(c) The board may not include in its rules to prohibit false,
misleading, or deceptive practices by a person regulated by the
board a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.158. TECHNOLOGY POLICY. The board shall develop and
implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its
functions. The technological solutions must:
(1) ensure that the public is able to easily find information
about the board on the Internet;
(2) ensure that persons who want to use the board's services are
able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the board's planning
process.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1,
2003.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 1071.201. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare information of public interest describing the
functions of the board and the procedures by which complaints are
filed with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.202. PUBLIC PARTICIPATION. The board shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the board's jurisdiction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.203. COMPLAINTS. (a) Any person may file a complaint
with the board regarding a violation of this chapter or a board
rule.
(b) The board by rule shall establish methods by which consumers
and service recipients are notified of the name, mailing address,
and telephone number of the board for the purpose of directing
complaints to the board. The board may provide for that notice:
(1) on each registration form, application, or written contract
for services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of business of
each person regulated under this chapter; or
(3) in a bill for services provided by a person regulated under
this chapter.
(c) The board shall accept a complaint regardless of whether the
complaint is notarized.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 13, eff.
Sept. 1, 2003.
Sec. 1071.204. RECORDS OF COMPLAINTS. (a) The board shall
maintain a file on each written complaint filed with the board
that the board has authority to resolve. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(b) If a written complaint that the board has authority to
resolve is filed with the board, the board shall provide to the
person filing the complaint and to each person who is a subject
of the complaint a copy of the board's policies and procedures
relating to complaint investigation and resolution.
(c) The board, at least quarterly and until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of
the investigation unless the notice would jeopardize an
undercover investigation.
(d) Except as provided by Subsection (e), a complaint filed with
the board is public information.
(e) For any complaint determined to be frivolous or without
merit, the complaint and other enforcement case information
related to that complaint are confidential. The information may
be used only by the board or by its employees or agents directly
involved in the enforcement process for that complaint. The
information is not subject to discovery, subpoena, or other
disclosure.
(f) In this section, "frivolous complaint" means a complaint
that the executive director and investigator, with board
approval, determine:
(1) was made for the purpose of harassment; and
(2) does not demonstrate harm to any person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 14, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
173, Sec. 1, eff. May 27, 2009.
SUBCHAPTER F. REGISTRATION, LICENSING, AND CERTIFICATION
REQUIREMENTS
Sec. 1071.251. REGISTRATION, LICENSE, OR CERTIFICATE REQUIRED.
(a) In this section, "offer to practice" means to represent by
verbal claim, sign, letterhead, card, or other method that a
person is registered or licensed to perform professional
surveying in this state.
(b) A person may not engage in the practice of professional
surveying unless the person is registered, licensed, or certified
as provided by this chapter.
(c) A person may not offer to practice professional surveying in
this state unless the person is registered or licensed as
provided by this chapter.
(d) A person may not use in connection with the person's name or
use or advertise a title or description that tends to convey the
impression that the person is a professional land surveyor unless
the person is registered or licensed under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.252. APPLICATION REQUIREMENTS. (a) An applicant for
certification as a surveyor-in-training, registration as a
registered professional land surveyor, or licensing as a licensed
state land surveyor must file a written application with the
board accompanied by an application fee in an amount determined
by the board.
(b) An application must be made on a form prescribed and
furnished by the board and contain statements that show the
applicant's education and experience. The application must
contain a detailed summary of the applicant's education and
experience and references from at least three registered
professional land surveyors having personal knowledge of the
applicant's surveying experience. The board shall accept an
application that meets board requirements regardless of whether
the application is notarized.
(c) After the board determines that the applicant is qualified
to take the appropriate section of the examination under Section
1071.256, the board shall set the examination section the
applicant is approved to take and notify the applicant of the
examination section and of the time and place of the examination.
The applicant may take the examination section on payment of an
examination fee in an amount determined by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 15, eff.
Sept. 1, 2003.
Sec. 1071.253. SURVEYOR-IN-TRAINING CERTIFICATE. (a) An
applicant for a surveyor-in-training certificate must:
(1) have earned a bachelor of science degree in surveying from
an accredited institution of higher education;
(2) have:
(A) earned a bachelor's degree from an accredited institution of
higher education that included at least 32 semester hours in a
combination of courses acceptable to the board in:
(i) civil engineering;
(ii) land surveying;
(iii) mathematics;
(iv) photogrammetry;
(v) forestry;
(vi) land law; or
(vii) the physical sciences; and
(B) completed at least one year of experience acceptable to the
board in delegated responsible charge as a subordinate to a
registered professional land surveyor actively engaged in
professional surveying;
(3) have:
(A) earned an associate degree in surveying from an accredited
institution of higher education; and
(B) completed at least two years of experience acceptable to the
board in delegated responsible charge as a subordinate to a
registered professional land surveyor actively engaged in
professional surveying;
(4) have:
(A) successfully completed a course of instruction consisting of
32 semester hours in land surveying or the equivalent number of
semester hours in board-approved courses related to surveying;
and
(B) completed at least two years of experience acceptable to the
board in delegated responsible charge as a subordinate to a
registered professional land surveyor actively engaged in
professional surveying; or
(5) have:
(A) graduated from an accredited high school;
(B) completed at least four years of experience acceptable to
the board in delegated responsible charge as a subordinate to a
registered professional land surveyor actively engaged in
professional surveying; and
(C) provided evidence satisfactory to the board that the
applicant is self-educated in professional surveying.
(b) On proof that an applicant has the qualifications required
by Subsection (a), the board shall allow the applicant to take an
examination consisting of parts of the examination under Section
1071.256, the contents of which are as determined or approved by
the board.
(c) The board shall issue a surveyor-in-training certificate to
an applicant who passes the applicable parts of the examination
taken under Subsection (b). The certificate is valid for eight
years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
53, Sec. 1, eff. May 10, 2007.
Sec. 1071.254. QUALIFICATIONS FOR REGISTRATION AS REGISTERED
PROFESSIONAL LAND SURVEYOR. (a) An applicant for registration
as a registered professional land surveyor must:
(1) hold a certificate as a surveyor-in-training;
(2) have at least two years of experience satisfactory to the
board as a surveyor-in-training in performing surveying in
delegated responsible charge as a subordinate to a surveyor
registered or licensed to engage in the practice of surveying in
this state or in another state having registration or licensing
requirements equivalent to the requirements of this state; and
(3) if the application is filed after January 1, 2003, have
earned a bachelor's degree from an accredited institution of
higher education that included at least 32 semester hours in a
combination of courses acceptable to the board in:
(A) civil engineering;
(B) land surveying;
(C) mathematics;
(D) photogrammetry;
(E) forestry;
(F) land law; or
(G) the physical sciences.
(b) An applicant is entitled to registration as a registered
professional land surveyor if the applicant meets the
qualifications prescribed by Subsection (a) and is approved to
take and passes the required sections of the examination
prescribed under Section 1071.256.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.255. QUALIFICATIONS FOR LICENSING AS LICENSED STATE
LAND SURVEYOR; OATH. (a) A registered professional land
surveyor is entitled to be licensed as a licensed state land
surveyor if the person is approved to take and passes the
appropriate sections of the examination prescribed under Section
1071.256.
(b) The board may not issue a license to a licensed state land
surveyor until the applicant takes the official oath stating that
the person will faithfully, impartially, and honestly perform all
the duties of a licensed state land surveyor to the best of the
person's skill and ability in all matters in which the person may
be employed.
(c) The board may not issue a license as a licensed state land
surveyor to a person residing outside of this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.256. EXAMINATION. (a) The board shall prescribe the
scope of the written examination and examination procedures with
special reference to the applicant's ability in order to protect
the public safety, welfare, and property rights.
(b) The examination for an applicant for registration as a
registered professional land surveyor must be developed and given
as provided by this chapter under board rules designed to
determine the knowledge and ability of the applicant.
(c) The examination for an applicant for licensing as a licensed
state land surveyor must be developed under board rules and
include examination on:
(1) the theory of surveying;
(2) the law of land boundaries;
(3) the history and functions of the General Land Office; and
(4) other matters pertaining to surveying as determined by the
board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.257. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes a licensing examination,
the board shall notify the person of the results of the
examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the board shall notify the person of the results of the
examination not later than the 14th day after the date the board
receives the results from the testing service; and
(2) if notice of the examination results will be delayed for
longer than 90 days after the examination date, the board shall
notify the person of the reason for the delay before the 90th
day.
(c) If requested in writing by a person who fails an examination
administered under this chapter, the board shall furnish the
person with an analysis of the person's performance on the
examination. The analysis shall be provided in a summary form
that does not compromise the integrity of the examination.
(d) The board may require a testing service to notify a person
of the results of the person's examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 16, eff.
Sept. 1, 2003.
Sec. 1071.258. REEXAMINATION; FEE. An applicant who fails an
examination may apply to take a subsequent examination by filing
an updated application and paying an additional examination fee
set by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 17, eff.
Sept. 1, 2003.
Sec. 1071.259. REGISTRATION OF OUT-OF-STATE SURVEYORS. (a) The
board may waive any registration requirement for an applicant who
holds a license from another state having registration or
licensing requirements substantially equivalent to the
registration requirements of this state.
(b) The board may issue a certificate of registration as a
registered professional land surveyor to an applicant under this
section who meets all waived and unwaived registration
requirements and who:
(1) applies to the board for a certificate of registration;
(2) pays a fee set by the board; and
(3) passes an examination on Texas surveying.
(c) The board shall determine the contents of the examination
under Subsection (b)(3). The examination may not exceed four
hours in duration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 18, eff.
Sept. 1, 2003.
Sec. 1071.260. REGISTRATION NUMBER; FORM OF CERTIFICATE OR
LICENSE. (a) The board shall issue to each registered
professional land surveyor a registration number that may not be
assigned to or used by any other surveyor. The number must be on
the certificate of registration and recorded in the board's
permanent records and is the surveyor's registration number for
use on all official documents.
(b) Each certificate of registration and license issued by the
board must show the full name of the registration holder or
license holder and shall be signed by the presiding officer and
the executive director of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.261. DISPLAY OF CERTIFICATE AND LICENSE. (a) An
original or renewal certificate of registration or license is
evidence that the person whose name and registration number
appear on the document is qualified to practice as a registered
professional land surveyor or licensed state land surveyor.
(b) A person holding a certificate of registration or license
shall display the certificate or license at the person's place of
business or practice. The person shall be prepared to
substantiate that the certificate or license has been renewed for
the current year.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.262. REPLACEMENT OF REVOKED, LOST, OR DESTROYED
CERTIFICATE OR LICENSE. The board may issue, on payment of a fee
set by the board and subject to board rules, a new certificate of
registration or license to replace a certificate or license that
has been revoked, lost, destroyed, or mutilated.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 19, eff.
Sept. 1, 2003.
Sec. 1071.263. INACTIVE STATUS. (a) A registered professional
land surveyor may request inactive status at any time before the
expiration date of the person's certificate of registration. A
registration holder on inactive status may not practice
surveying.
(b) A registration holder on inactive status must pay an annual
fee set by the board.
(c) A registration holder on inactive status is not required to:
(1) comply with the professional development requirements
adopted by the board; or
(2) take an examination for reinstatement to active status.
(d) To return to active status, a registration holder on
inactive status must file with the board a written notice
requesting reinstatement to active status.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 20, eff.
Sept. 1, 2003.
SUBCHAPTER G. RENEWAL OF REGISTRATION AND LICENSE
Sec. 1071.301. ANNUAL RENEWAL REQUIRED. (a) The board by rule
may adopt a system under which certificates of registration and
licenses expire on various dates during the year. For the year in
which the certificate or license expiration date is changed, the
board shall prorate certificate and license fees on a monthly
basis so that each certificate or license holder pays only that
portion of the certificate or license fee that is allocable to
the number of months during which the certificate or license is
valid. On renewal of the certificate or license on the new
expiration date, the total certificate or license renewal fee is
payable.
(b) A renewal certificate must have the same registration number
as the original certificate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 21, eff.
Sept. 1, 2003.
Sec. 1071.302. NOTICE OF EXPIRATION. Not later than the 30th
day before the date a person's certificate of registration or
license is scheduled to expire, the board shall send written
notice of the impending expiration to the person at the person's
last known address according to the board's records.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 22, eff.
Sept. 1, 2003.
Sec. 1071.303. PROCEDURE FOR RENEWAL. (a) A person who is
otherwise eligible to renew a certificate of registration or
license may renew an unexpired certificate or license by paying
the required renewal fee to the board before the expiration date
of the certificate or license. A person whose certificate or
license has expired may not engage in activities that require a
certificate or license until the certificate or license has been
renewed.
(b) A person whose certificate or license has been expired for
90 days or less may renew the certificate or license by paying to
the board a renewal fee that is equal to 1-1/2 times the normally
required renewal fee.
(c) A person whose certificate or license has been expired for
more than 90 days but less than one year may renew the
certificate or license by paying to the board a renewal fee that
is equal to two times the normally required renewal fee.
(d) A person whose certificate or license has been expired for
one year or more may not renew the certificate or license. The
person may obtain a new certificate or license by complying with
the requirements and procedures, including the examination
requirements, for obtaining an original certificate or license.
(e) A person who was registered or licensed in this state, moved
to another state, and is currently registered or licensed and has
been in practice in the other state for the two years preceding
the date of application may obtain a new certificate or license
without reexamination. The person must pay to the board a fee
that is equal to two times the normally required renewal fee for
the certificate or license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 23, eff.
Sept. 1, 2003.
Sec. 1071.304. NOTICE OF FAILURE TO RENEW STATE LAND SURVEYOR
LICENSE. The executive director shall immediately notify the
commissioner when the license of a licensed state land surveyor
expires due to the person's failure to timely renew the license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.305. CONTINUING PROFESSIONAL EDUCATION. (a) As a
condition for renewal of a certificate of registration, the board
shall require a registered professional land surveyor to
successfully complete continuing professional education courses
as prescribed by board rule. The board's rules must provide that
the continuing professional education requirement may be met by
completing annually not more than 16 hours of professional
development courses or programs.
(b) The board may also grant professional education credit for:
(1) satisfactory completion of academic work at an accredited
institution;
(2) teaching or consulting in a program approved by the board;
or
(3) authorship of a technical paper approved by the board.
(c) A registered professional land surveyor shall maintain
records relating to the person's professional education
activities. The records are subject to audit by the board on
application by the person for renewal of registration.
(d) As a condition for retaining a surveyor-in-training
certificate, the board shall require the certificate holder to
successfully complete continuing professional education courses
as prescribed by board rule. The certificate holder shall
maintain records relating to the person's professional education
activities. The records are subject to audit by the board as a
condition for retaining the certificate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
53, Sec. 2, eff. May 10, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1161, Sec. 1, eff. September 1, 2009.
SUBCHAPTER H. PRACTICE OF LAND SURVEYING
Sec. 1071.351. PERFORMANCE OF LAND SURVEYING; OFFICIAL SEAL.
(a) In this section, "employee" means a person who receives
compensation for work performed under the direct supervision of a
land surveyor.
(b) On receipt of a certificate of registration, a registered
professional land surveyor shall obtain an authorized seal
bearing the person's name and registration number and the title
"Registered Professional Land Surveyor."
(c) Each licensed state land surveyor shall obtain a seal of
office. The seal must contain the license holder's official
title, "Licensed State Land Surveyor," around the margin and the
word "Texas" between the points of the star in the seal. A
licensed state land surveyor shall attest with the seal all
official acts authorized under law. An act, paper, or map of a
licensed state land surveyor may not be filed in the county
records of the General Land Office unless it is certified to
under the surveyor's seal.
(d) A registration holder or license holder may not affix the
person's name, seal, or certification to any plat, design,
specification, or other professional surveying work that is
prepared by a person who is not registered or licensed under this
chapter unless the work is performed by an employee under the
direct supervision of the registration holder or license holder.
(e) A registration holder or license holder may not allow a
person who is not registered or licensed under this chapter to
exert control over the end product of professional surveying
work.
(f) If professional surveying is performed as a joint venture of
an association of two or more firms, each firm shall use the seal
of the surveyor having primary responsibility for the venture.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.352. SURVEYING BY BUSINESS ENTITY. (a) An
association, partnership, or corporation may not offer
professional surveying services unless the entity is registered
with the board and a registered professional land surveyor is
employed full-time where the services are offered.
(a-1) The board shall adopt rules prescribing the requirements
for the registration of an entity described by Subsection (a).
(a-2) The board may refuse to issue or renew and may suspend or
revoke the registration of a business entity and may impose an
administrative penalty against the owner of a business entity for
a violation of this chapter by an employee, agent, or other
representative of the entity, including a registered professional
land surveyor employed by the entity.
(b) A registered professional land surveyor or licensed state
land surveyor may organize or engage in any form of individual or
group practice of surveying allowed by state statute. The
individual or group practice must properly identify the
registered professional land surveyor or licensed state land
surveyor who is responsible for the practice.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1077, Sec. 1, eff. June 15, 2007.
Sec. 1071.353. PRACTICE UNDER ASSUMED NAME. A person engaging
in the practice of surveying in this state under any business
title other than the real name of one or more persons authorized
to engage in public or state land surveying, whether individually
or as an association, partnership, or corporation, shall file
with the board, in the manner prescribed by the board, a
certificate stating the full name and place of residence of each
person engaging in the practice and the place, including the
street address, city, and zip code, where the practice or
business is principally conducted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.354. JURISDICTION OF LICENSED STATE LAND SURVEYORS. A
licensed state land surveyor may perform surveys under Section
21.011, Natural Resources Code, and is subject to the
commissioner's direction in matters of land surveying in cases
that come under the supervision of the commissioner. The
jurisdiction of the license holder is coextensive with the limits
of the state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.355. LICENSED STATE LAND SURVEYOR AS AGENT OF STATE.
A licensed state land surveyor is an agent of this state when
acting in that official capacity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.356. RESIGNATION OF LICENSED STATE LAND SURVEYOR. (a)
A licensed state land surveyor may resign at any time by filing
a written resignation with the board. On receipt of the
resignation, the board shall inform the General Land Office.
(b) A licensed state land surveyor who resigns under this
section is not entitled to reinstatement of the person's license.
To obtain a new license, the person must meet the requirements
for an original license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.357. COUNTY SURVEYORS. (a) A licensed state land
surveyor may hold office as a county surveyor. If elected, the
person must qualify as provided by law for county surveyors.
(b) The election of a licensed state land surveyor as county
surveyor does not limit the jurisdiction of the license holder to
that county, and the election of a county surveyor for any
particular county does not prevent any licensed state land
surveyor from performing the duties of a surveyor in that county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.358. COURT ORDER FOR LICENSED STATE LAND SURVEYOR TO
CROSS LAND. (a) A licensed state land surveyor engaged in
surveying in the person's official capacity who is denied
permission to cross land owned by a private party is entitled to
a court order to enforce the license holder's authority to cross
the land.
(b) The attorney general shall promptly apply for an order under
this section from the district court. Venue for the action is in
the county in which the land is located.
(c) The court shall grant the order on proof that the person is
licensed under this chapter and acting in the person's official
capacity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
158, Sec. 1, eff. May 21, 2007.
Sec. 1071.3585. COURT ORDER FOR REGISTERED PROFESSIONAL LAND
SURVEYOR TO CROSS LAND. (a) A registered professional land
surveyor engaged in surveying who is denied permission to cross
land owned by a person or entity may seek a court order
authorizing the surveyor to cross the land.
(b) A registered professional land surveyor may apply for an
order under this section from the district court. Venue for the
action is in the county in which the land is located.
(c) If the registered professional land surveyor holds office as
a county surveyor and is engaged in surveying in the person's
official capacity, the county attorney may apply for an order
under this section.
(d) The court shall grant the order on proof that:
(1) the person is a registered professional land surveyor acting
in the person's official capacity as a county surveyor; or
(2) the person is a registered professional land surveyor and
the issuance of a court order authorizing the person to cross the
land is in the public's best interest.
Added by Acts 2007, 80th Leg., R.S., Ch.
158, Sec. 2, eff. May 21, 2007.
Sec. 1071.359. LICENSED STATE LAND SURVEYOR FIELD NOTES. (a)
Official field notes made by a licensed state land surveyor must
be signed by the surveyor, followed by the designation "Licensed
State Land Surveyor."
(b) Field notes and plats prepared by a licensed state land
surveyor must conform to Sections 21.041 and 21.042, Natural
Resources Code.
(c) Field notes made by a licensed state land surveyor in any
county in this state are admissible in evidence.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.360. DISCOVERY OF UNDISCLOSED LAND. A licensed state
land surveyor who discovers an undisclosed tract of public land
shall:
(1) make that fact known to any person who has the tract
enclosed; and
(2) forward a report of the existence of the tract and the
tract's acreage to the commissioner.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1071.361. ACCESS TO COUNTY SURVEYOR RECORDS. (a) A
licensed state land surveyor is entitled to access to a county
surveyor's records for information and examination.
(b) An examination fee may not be charged if the investigation
of the records is for the purpose of:
(1) making a survey of public land under the law regulating the
sale or lease of public land; or
(2) identifying and establishing the boundaries of public land.
(c) A licensed state land surveyor who examines records under
this section shall comply with any regulations prescribed by the
county surveyor or the commissioners court for protecting and
preserving the records.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
SUBCHAPTER I. DISCIPLINARY PROCEDURES
Sec. 1071.401. DISCIPLINARY POWERS OF BOARD. (a) The board
shall revoke, suspend, or refuse to renew a certificate of
registration or license, place on probation a person whose
certificate or license has been suspended, or reprimand a
registration holder or license holder for:
(1) fraud or deceit in obtaining a certificate or license under
this chapter;
(2) gross negligence, incompetence, or misconduct in the
practice of surveying as a land surveyor; or
(3) a violation of this chapter or a board rule.
(b) The license of a licensed state land surveyor is subject to
revocation if the license holder is found to be directly or
indirectly interested in the purchase or acquisition of title to
public land.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 24, eff.
Sept. 1, 2003.
Sec. 1071.402. DISCIPLINARY PROCEEDINGS. (a) The board may
institute proceedings against a registration holder or license
holder on the board's behalf without a formal written third-party
complaint.
(b) The board shall assign an employee or contract with an
investigator to investigate each alleged violation of this
chapter or a board rule that is reported to the board. The board
may employ investigators and inspectors as necessary to properly
enforce this chapter.
(c) A board employee investigating an alleged violation may:
(1) dismiss a complaint that is without merit; or
(2) determine whether a person has committed the violation and
recommend sanctions to the board.
(d) A board employee investigating an alleged violation shall
report the dismissal of a complaint under Subsection (c)(1) to
the board in the manner required by the board.
(e) The person making a complaint that is dismissed under
Subsection (c)(1) may request reconsideration of the dismissal by
the board.
(f) The board may appoint a subcommittee of the board that
includes at least one board member who represents the public to
assist in an investigation. A member of a subcommittee or a
member of the board who consults with board personnel or an
investigator on a complaint may not vote at a board disciplinary
hearing related to the complaint.
(g) The board may not take into consideration a previously
dismissed complaint while resolving a complaint before the board.
The board may take into consideration any previous violation of
this chapter or a board rule when assessing a sanction or penalty
for a complaint before the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 25, eff.
Sept. 1, 2003.
Sec. 1071.403. RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE. (a)
If the board proposes to suspend or revoke a person's certificate
of registration or license, the person is entitled to a hearing
before the board or a hearings officer appointed by the board.
(b) The board shall prescribe procedures by which a decision to
suspend or revoke a certificate of registration or license is
made by or appealable to the board.<