SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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,
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER B TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER C EXECUTIVE DIRECTOR AND PERSONNEL
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D POWERS AND DUTIES OF BOARD
- Texas Section 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...
- Texas Section 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...
- Texas Section 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.
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F REGISTRATION, LICENSING, AND CERTIFICATION REQUIREMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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;...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G RENEWAL OF REGISTRATION AND LICENSE
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER H PRACTICE OF LAND SURVEYING
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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."...
- Texas Section 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...
SUBCHAPTER I DISCIPLINARY PROCEDURES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1071.4035 - Informal Settlement Conference; Restitution
(a) The board by rule shall establish guidelines for an informal settlement conference related to a complaint filed with the board. (b) Subject to Subsection...
- Texas Section 1071.404 - Probation
(a) The board may require a person whose certificate of registration or license suspension is probated to: (1) report regularly to the board on matters...
SUBCHAPTER J ADMINISTRATIVE PENALTY
- Texas Section 1071.405 - Reissuance Of Certificate Or License
The board for reasons the board determines sufficient may reissue a certificate of registration or license to a surveyor whose certificate or license has been...
- Texas Section 1071.451 - Imposition Of Penalty
The board may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter. Added...
- Texas Section 1071.452 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $1,500 for each violation. (b) In determining the amount of the penalty, the board shall...
- Texas Section 1071.453 - Report And Notice Of Violation And Penalty
(a) If the executive director determines after an investigation of a possible violation and the facts surrounding the possible violation that a violation has occurred,...
- Texas Section 1071.454 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice under Section 1071.453, the person may: (1) accept the executive...
- Texas Section 1071.455 - Hearing On Recommendations
(a) If the person requests a hearing or fails to respond in a timely manner to the notice under Section 1071.453, the board shall set...
- Texas Section 1071.456 - Notice Of Decision By Board
The board shall give notice of the board's order to the person charged. The notice must include: (1) the findings of fact and conclusions of...
- Texas Section 1071.457 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final as provided by Section 2001.144, Government Code, the person shall:...
- Texas Section 1071.458 - Enforcement Of Penalty
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the board may refer the matter to...
SUBCHAPTER K OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 1071.459 - Remittance Of Penalty And Interest
(a) If after judicial review the administrative penalty is reduced or not imposed by the court, the board shall: (1) remit the appropriate amount, plus...
- Texas Section 1071.501 - Injunction
(a) In addition to any other action authorized by law, the board may institute an action in the board's name against any person to enjoin...
- Texas Section 1071.502 - Enforcement By Attorney General
The attorney general shall act as legal advisor to the board and provide legal assistance as necessary in enforcing this chapter and board rules. Added...
- Texas Section 1071.503 - Civil Penalty
(a) A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty not to exceed $1,500 for...
SUBCHAPTER L EXAMINATION ADVISORY COMMITTEES
- Texas Section 1071.504 - Criminal Penalty
(a) In this section, "offer to practice" has the meaning assigned by Section 1071.251. (b) A person commits an offense if the person: (1) engages...
- Texas Section 1071.551 - Examination Advisory Committees
The board may establish examination advisory committees to assist the board in developing each examination required by this chapter. Added by Acts 2003, 78th Leg.,...
- Texas Section 1071.552 - Board Rules
(a) The board by rule shall: (1) establish the purpose, role, responsibility, and goals of an examination advisory committee; (2) determine the size of and...
- Texas Section 1071.553 - Eligibility Of Board Member
(a) A board member is not eligible to serve as a voting member of an examination advisory committee. (b) A board member may attend an...
- Texas Section 1071.554 - Meetings
(a) Except as provided by Subsection (b), the meetings of an examination advisory committee are open meetings under Chapter 551, Government Code. (b) An examination...
- Texas Section 1071.555 - Applicability Of Other Law
(a) Except as provided by Subsection (b), an examination advisory committee is subject to Chapter 2110, Government Code. (b) Section 2110.002(b), Government Code, does not...
- Texas Section 1071.556 - Examination Advisory Committee Duties
An examination advisory committee shall: (1) develop the examinations required by this chapter in accordance with board rules; and (2) perform other tasks assigned by...