22 TAC §§665.1 - 665.9
The Texas Board of Professional Land Surveying (TBPLS) proposes
new §§665.1 - 665.9, concerning Examination Advisory Committees.
The new sections establish the requirements and operating procedures for the
committees. Legislation enacted in the 78th Legislative Session established
these committees.
The proposed new sections add language to address the size, qualifications,
appointment procedures, terms of office and training of the committee members
and operating procedures for the committees.
Sandy Smith, Executive Director, has determined that at this time there
will be no fiscal impact to the state or local governments as a result of
enforcing or administering the new sections.
Ms. Smith also has determined that for each year of the first five years
the rule is in effect the public will benefit from the rule by prescribing
that the Board follow the requirements set forth by the Sunset Commission's
review. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the rules as proposed.
Comments on the proposal may be submitted in writing to Sandy Smith, Executive
Director, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite
400, Austin, Texas 78752. Comments may also be faxed to Ms. Smith at the Board
at (512) 452-7711 or may be sent electronically to sandy.smith@mail.capnet.state.tx.us.
All requests for a public hearing on the proposed sections submitted under
the Administrative Procedure Act must be received by the Executive Director
not more than 15 calendar days after notice of the proposed new sections have
been published in the
Texas Register
.
The new sections are proposed pursuant to §1071.151, Title
6, Occupations Code, Subtitle C which authorizes the Board to adopt and enforce
reasonable and necessary rules to perform its duties. In addition, §1071.551,
Title 6, Occupations Code, Subtitle C establishes examination advisory committees
and authorizes the Board to adopt necessary rules.
The proposed new sections implement the Texas Administrative Code, Title
22, Part 29, General Rules of Procedures and Practices.
§665.1.Introduction.
(a)
The Board shall establish examination advisory committees
for the purpose of developing and scoring examinations. Committees will be
established to write exam questions, review selected exams for accuracy and
resolution time and determine examination scores. Advisory committees will
be responsible for developing and scoring examinations that will ensure a
registrant's ability to protect the public safety, welfare and property. The
goal of the committees will be to insure that only competent candidates pass
the examination.
(b)
The committees are established under the Professional Land
Surveying Practices Act, §1071.552 which allows the Board to establish
advisory committees. Except as provided by §1071.555 the committees are
subject to Government Code, Chapter 2110, concerning state agency advisory
committees. The committee shall carry out any other tasks given to the committees
by the board.
§665.2.Size, Quorum and Qualifications.
(a)
Each committee shall be composed of an odd number of not
less than 9 members from as varied geographic and practice areas as possible,
committees will contain a minimum of:
(1)
three members who have been registered less than seven
years
(2)
three members who have been registered between 7 and 15
years
(3)
three members who have been registered more than 15 years
(b)
A majority of the membership of each committee constitutes
a quorum.
(c)
Existing members shall continue to serve until the board
appoints members under the new composition.
(d)
It is grounds for removal from the committee if a member
cannot discharge the member's duties for a substantial part of the term for
which the member is appointed because of illness or disability, is absent
from more than half of the committee and subcommittee meetings during a calendar
year, is absent from at least three consecutive committee meetings or is found
to have practiced in violation of the Professional Land Surveying Practices
Act and/or Rules of the Board or fails to develop a minimum of one analytical
or six legal questions each year. The committee chair will notify the board
of such vacancies.
(e)
Committee members must be currently registered and familiar
with requirements for and capabilities of candidates who are minimally qualified
to practice.
§665.3.Process of Appointment.
The Board will appoint advisory committee members pursuant to the qualifications
listed in this section. All appointments made under this section shall be
made without regard to race, creed, sex, religion or national origin. A member
of the committee may be appointed to succeed him or herself, except that no
member shall be eligible to serve more than two consecutive terms.
§665.4.Terms of Office.
(a)
The term of office of each member shall be six years. Members
shall serve after expiration of their terms until a replacement is appointed.
(b)
Members shall be appointed for staggered terms so that
the terms of an equivalent number of members will expire on August 31st of
each even-numbered year.
(c)
If a vacancy occurs, a person shall be appointed to serve
the unexpired portion of that term.
(d)
The chair of the board shall appoint a chair and vice chair
of each committee. Each officer may holdover until his or her replacement
is appointed by the chair of the board.
(e)
The advisory committee chair shall preside at all committee
meetings at which he or she is in attendance, call meetings in accordance
with this section, appoint subcommittees of the committee as necessary, and
cause proper reports to be made to the board. The presiding officer may serve
as an ex-officio member of any subcommittee of the committee.
(f)
The advisory committee vice chair shall perform the duties
of the chair in case of the absence or disability of the presiding officer.
In case the office of chair becomes vacant, the vice chair will serve until
a successor is appointed to complete the unexpired portion of the term.
(g)
The Board shall appoint those currently serving as chair
and vice chair on each committee to continue to serve until the board appoints
their successors.
(h)
Each meeting of the committee shall be announced and conducted
in accordance with the Open Meetings Act, Texas Government Code, Chapter 551.
Meetings regarding test items will be closed.
(i)
Members shall attend committee meetings as scheduled. Members
shall attend meetings of subcommittees to which the member is assigned. A
member shall notify the presiding officer or appropriate board staff if he
or she is unable to attend a scheduled meeting.
(j)
It is grounds for removal from the committee if a member
cannot discharge the member's duties for a substantial part of the term for
which the member is appointed because of illness or disability, is absent
from more than half of the committee and subcommittee meetings during a calendar
year, or is absent from at least three consecutive committee meetings.
(k)
The validity of an action of the committee is not affected
by the fact that it is taken when a ground for removal of a member exists.
(l)
Staff support for the committee shall be provided by the
board.
(m)
Procedures. Roberts Rules of Order, Newly Revised, shall
be the basis of parliamentary decisions except where otherwise provided by
law or rule.
(n)
Any action taken by the committee must be approved by a
majority vote of the members present once quorum is established.
(o)
Each member shall have one vote.
(p)
Minutes of each committee meeting shall be taken by a committee
member or board staff.
(q)
A draft of the minutes approved by the presiding officer
shall be provided to the board and each member of the committee within 30
days of each meeting.
(r)
After approval by the committee, the minutes shall be signed
by the presiding officer for each committee.
(s)
The committee may establish subcommittees as necessary
to assist the committee in carrying out its duties. The chair shall appoint
members of the committee to serve on subcommittees and to act as subcommittee
chairs. Subcommittees shall meet when called by the subcommittee chair or
when so directed by the committee.
§665.5.Non-binding statements.
The board and the committee shall not be bound in any way by any statement
or action on the part of any committee member except when a statement or action
is in pursuit of specific instructions from the board or committee.
§665.6.Reimbursement for expenses.
In accordance with the requirements set forth in the Government Code,
Chapter 2110, a committee member may receive reimbursement for the member's
expenses incurred for each day the member engages in official committee business
if authorized by the General Appropriations Act or budget execution process.
(1)
A committee member who is an employee of a state agency
may not receive reimbursement for expenses from the board.
(2)
Each member who is to be reimbursed for expenses shall
submit to staff the member's receipts for expenses and any required official
forms no later than 14 days after each committee meeting.
(3)
Requests for reimbursement of expenses shall be made on
official state travel vouchers prepared by board staff.
§665.7.Training.
A person who is appointed to an advisory committee may not vote, deliberate,
or be counted as a member until the person has received and reviewed the following:
(1)
The Professional Land Surveying Practices Act and Rules
of the Board
(2)
The Open Meetings Law, Chapter 551 Government Code
(3)
The Public Information Law, Chapter 552 Government Code
§665.8.Examination Process and Board's Interaction.
The board will select examinations using blueprints developed and approved
by the board.
(1)
Committees will be appointed to
(A)
write examination questions based on content areas defined
in the blueprint,
(B)
review examinations before administration for accuracy
and resolution time,
(C)
determine cut off scores; and
(D)
for any other purposes determined necessary by the board.
(2)
Members of the Board may serve as liaison members to each
committee.
§665.9.Continuing Education Credit.
Examination committee members are eligible to receive continuing education
credit for time served in the commission of their duties and documented on
forms signed by the chair of the committee and executive director of the board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304885
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 452-9427