TITLE 22.EXAMINING BOARDS

Part 29. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING

Chapter 661. GENERAL RULES OF PROCEDURES AND PRACTICES

Subchapter A. THE BOARD

22 TAC §661.6

The Texas Board of Professional Land Surveying (TBPLS) adopts the repeal of §661.6 concerning Bonds, without changes to the proposed repeal as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9687) and will not be republished. The section is deleted as the bond called for in this rule is no longer required due to legislation passed by the 78th Legislature, House Bill 2376.

The repeal of this section is needed in order to comply with legislation.

No comments were received regarding the repeal of this section.

Section 661.6 is repealed pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400077

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.8

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.8 concerning Standing Committees, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9687) and will not be republished. The section changes language from "his" to "his/her" in order to conform with other rules and changes the definition of "quorum" in regards to the Registered Professional Land Surveyors Committee due to changes made by Sunset Legislation limiting the number of the Registered Professional Land Surveyors on the board.

The amendment clarifies language regarding to gender in §661.8(1) in order to conform with other Rules and changes the definition of "quorum" in §661.8(2) in order to comply with Sunset Legislation. These changes are needed in order to make this Rule apply to both genders and in order to comply with legislation.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400078

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


Subchapter B. MEETINGS

22 TAC §661.23

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.23 concerning Notice of Meetings, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9688) and will not be republished. The section changes language from "his" to "his/her" in order to conform with other rules.

The amendment clarifies language regarding to gender in §661.23 in order to conform with other Rules. These changes are needed in order to make this Rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400079

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


Subchapter C. DEFINITIONS OF TERMS

22 TAC §661.33

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.33 concerning Easements and Construction Estimates, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9688) and will not be republished. The section corrects the legal cite for The Act which was changed due to re-codification.

The amendment corrects the legal cite in §661.33(c). This change is needed in order to correctly cite the location of The Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400080

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING

22 TAC §661.41

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.41, concerning Applications, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9689) and will not be republished.

The amendment changes the language from "his" to "his/her" in order to conform with other rules, adds language regarding degree requirements, adds language regarding translation of documents into English, and adds language regarding minimum proficiency in the English language. In addition, this amendment will delete language requiring applications to be notarized in order to conform with Sunset legislation.

The amendment clarifies language regarding gender in §661.41(b) and (c) in order to conform with other rules, adds language regarding degree requirements in §661.41(g) and (h) in order to clarify recognized degrees, adds language regarding foreign language translations and proficiency in the English language in §661.41(i) and (j) in order to make certain that applications, transcripts and other documentation is translated into English and that applicants are proficient in the English language, and deletes previously numbered §661.41(e) requiring applications to be notarized. This deletion necessitates the change in lettering for following subsections. These changes are needed in order to make this rule apply to both genders, in order to clarify degree requirements, in order to make certain that applications and documentation are correctly translated into English and that applicants are proficient in English, and in order to conform with Sunset legislation by deleting the section requiring notarization of applications.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400081

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.42

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.42, concerning Fees, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9690) and will not be republished.

The amendment deletes obsolete language and changes fees charged by TBPLS to clarify and accurately reflect charges for various information.

The amendment changes language regarding fees charged by TBPLS in §661.42(e)(1)(C), (E) and (F) in order to accurately reflect the actual fees charged by the agency and deletes obsolete language in §661.42(e) in order to correct legal citations. These changes are needed in order to make this rule accurately reflect fees charged by the agency and in order to correct legal citations.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400082

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.44

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.44, concerning Rejections, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9691) and will not be republished.

The amendment corrects the legal cite relating to hearings which was changed due to re-codification.

The amendment corrects the legal cite in §661.44. This change is needed in order to correctly cite the location of The Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400083

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.45

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.45, concerning Examinations, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9691) and will not be republished.

The amendment changes language from "his" to "his/her" in order to conform with other rules, corrects the legal cite for The Act which was changed due to re-codification, and changes language regarding the types of calculators allowed during an examination.

The amendment clarifies language regarding to gender in §661.45(a), changes language regarding the types of calculators allowed during an examination in §661.45(b), and corrects the legal cite in §661.4(f)(1). These changes are needed in order to make this rule apply to both genders, in order to clarify the types of calculators allowed to be used during examinations and in order to correctly cite the location of The Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400084

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.47

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.47, concerning Reciprocal Registration, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9692) and will not be republished.

The amendment changes language to correct the legal cite for The Act which was changed due to re-codification.

The amendment corrects the legal cites in §661.47(a) and (c). This change is needed in order to correctly cite the location of The Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400085

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.50

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.50, concerning Surveyor Intern (SI) Experience Requirements, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9693) and will not be republished.

The amendment changes language from "he or she" to "he/she" in order to conform with other rules and corrects punctuation.

The amendment corrects punctuation in §661.50(3) and changes the language from "he or she" to "he/she" in §661.50(4) in order to conform with other rules. These changes are needed in order to correct the punctuation in this rule and in order to make this rule conform with gender references in other rules.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400086

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


Subchapter E. CONTESTED CASES

22 TAC §661.60

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.60, concerning Responsibility to the Board, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9694) and will not be republished.

The amendment adds language regarding complaint investigations.

The amendment adds language to §661.60(c) regarding investigations and the registrant/licensee/SIT's responsibility to the board regarding the same. These changes are needed in order clarify the responsibility of the registrant/licensee/SIT to the board when investigating a complaint.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400087

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.63

The Texas Board of Professional Land Surveying (TBPLS) adopts the repeal of §661.63 concerning Complaints Officer, without changes to the proposed repeal as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9696) and will not be republished. The section is deleted in order to conform to recently passed Sunset Legislation.

The repeal of this section is needed in order to comply with legislation.

No comments were received regarding the repeal of this section.

Section 661.63 is repealed 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400088

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.73

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.73 concerning Conduct of Hearings, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9697) and will not be republished. The section corrects the legal citations which changed due to re-codification.

The amendment corrects the legal cite in §661.73. This change is needed in order to correct legal citations which changed as a result of recodification.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400089

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.78

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.78 concerning Rules of Evidence, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9697) and will not be republished. The section changes language from "men" to "persons" in order to conform with other rules.

The amendment clarifies language regarding to gender in §661.78 in order to conform with other Rules. These changes are needed in order to make this Rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400090

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.79

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.79 concerning Documentary Evidence and Official Notice, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9698) and will not be republished. The section changes language from "his or her" to "his/her" in order to conform with other rules.

The amendment clarifies language regarding to gender in §661.79(a) in order to conform with other Rules These changes are needed in order to make this Rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400091

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.83

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.83, concerning Depositions, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9698) and will not be republished.

The amendment corrects legal citations which changed due to re-codification.

The amendment corrects the legal cite in §661.83. This change is needed in order to correct legal citations.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400092

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.86

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.86, concerning Final Decisions and Orders, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9699) and will not be republished.

The amendment changes language from "his" to "his/her" in order to conform with other rules.

The amendment clarifies language regarding to gender in §661.86 in order to conform with other rules. These changes are needed in order to make this rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400093

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.88

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.88, concerning Motion for Rehearing, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9699) and will not be republished.

The amendment changes language from "his" to "his/her" in order to conform with other rules.

The amendment clarifies language regarding to gender in §661.88 in order to conform with other rules. These changes are needed in order to make this rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400094

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §661.93

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.93, concerning Appeals, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9700) and will not be republished.

The amendment corrects legal citations which changed due to re-codification.

The amendment corrects the legal cite in §661.93. This change is needed in order to correct legal citations.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400095

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


Chapter 663. STANDARDS OF RESPONSIBILITY AND RULES OF CONDUCT

Subchapter A. ETHICAL STANDARDS

22 TAC §663.3

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.3 concerning Offer to Perform Services, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9700) and will not be republished. The section changes language from "his" to "his/her" and from "he" to "he/she" in order to conform with other rules.

The amendment clarifies language regarding to gender in §663.3(1), (2) and (3) in order to conform with other Rules These changes are needed in order to make this Rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400096

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.4

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.4 concerning Conflict of Interest, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9701) and will not be republished. The section changes language from "his" to "his/her" in order to conform with other rules.

The amendment clarifies language regarding to gender in §663.4(5) and (6), in order to conform with other Rules These changes are needed in order to make this Rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400097

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.6

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.6, concerning Unauthorized Practice, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9701) and will not be republished.

The amendment changes language from "he" to "he/she" in order to conform with other rules and will clarify language.

The amendment clarifies language regarding gender in §663.6(1) and (2), in order to conform with other rules, and will clarify language in §663.6(2). These changes are needed in order to make this rule apply to both genders and to clarify language.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400098

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.7

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.7, concerning Maintenance of Standards, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9702) and will not be republished.

The amendment changes language from "he" to "he/she" in order to conform with other rules.

The amendment clarifies language regarding gender in §663.7(2), in order to conform with other rules. These changes are needed in order to make this rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400099

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.8

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.8, concerning Adherence to Statutes and Codes, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9702) and will not be republished.

The amendment changes language from "his" to "his/her" and from "him" to "him/her" in order to conform with other rules.

The amendment clarifies language regarding gender in §663.8(3) and (4), in order to conform with other rules. These changes are needed in order to make this rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400100

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.9

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.9, concerning Professional Conduct, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9703) and will not be republished.

The amendment changes language from "his" to "his/her" in order to conform with other rules.

The amendment clarifies language regarding to gender in §663.9(b), in order to conform with other rules. These changes are needed in order to make this rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400101

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.11

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.11, concerning Certification and Monumentation of Surveys, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9704) and will not be republished.

The amendment changes language from "he" to "he/she" in order to conform with other rules and changes the legal citation for The Act in order to conform with re-codification.

The amendment changes the legal citation for The Act in §663.11 and clarifies language regarding gender in §663.11, in order to conform with other rules. These changes are needed in order to make this rule apply to both genders and to correctly cite the location of The Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400102

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.12

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.12, concerning Texas Guaranteed Student Loan Corporation Defaulters, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9704) and will not be republished.

The amendment changes the legal citations in order to conform with re-codification.

The amendment changes the legal citations in §663.12(b). These changes are needed in order to correct legal citations.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400103

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


Subchapter B. PROFESSIONAL AND TECHNICAL STANDARDS

22 TAC §663.17

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.17 concerning Monumentation, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9705) and will not be republished. The section changes legal citations in order to conform with recodification.

The amendment changes the legal citations in §663.17(b). These changes are needed in order to correct legal citations which changed as a result of recodification.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400104

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §663.20

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.20 concerning Criminal Convictions, without changes to the proposed text as published in the September 26, 2003 issue of the Texas Register (28 TexReg 8286) and will not be republished. The section adds language relating to the procedures to be taken against a Registered Professional Land Surveyor, a Licensed State Land Surveyor or an applicant who is found to have been convicted of a felony, community supervision revocation, revocation of parole or revocation of mandatory supervision. In addition, this section changes legal citations and adds language clarifying the adjudication of guilt, the imposition of deferred adjudication and changes language from "incarceration" to "incarceration or jailed".

The amendment changes the legal citations in §663.20(a) and (d)(5) and clarifies language in §663.20(f) and (g) regarding incarceration. The amendment adds language in §663.20(h) relating to the adjudication of guilt. These changes are needed in order to correct legal citations which changed as a result of recodification, clarifies language regarding incarceration and adds language regarding the ajudication of guilt.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400105

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: September 26, 2003

For further information, please call: (512) 452-9427


Chapter 664. CONTINUING EDUCATION

22 TAC §664.3

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §664.3 concerning Numerical Requirements for Continuing Education, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9706) and will not be republished. The section deletes obsolete language and corrects punctuation.

The amendment deletes obsolete language in §664.3 and corrects punctuation in §664.3. These changes are needed in order to correctly reflect the intent of the board and to update the section.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400106

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


22 TAC §664.11

The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §664.11 concerning Failure to Complete Required Continuing Education, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9706) and will not be republished. The section changes language from "his or her" to "his/her" in order to conform with other rules.

The amendment clarifies language regarding to gender in §664.11(c) in order to conform with other Rules. These changes are needed in order to make this Rule apply to both genders.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400107

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427


Chapter 665. EXAMINATION ADVISORY COMMITTEE

22 TAC §§665.1 - 665.9

The Texas Board of Professional Land Surveying (TBPLS) adopts a new §665.1-665.9 concerning Examination Advisory Committees, without changes to the proposed text as published in the November 7, 2003 issue of the Texas Register (28 TexReg 9707) and will not be republished. This section establishes requirements and operating procedures for examination committees. Legislation enacted in the 78th Legislative Session established these committees.

The new rule adds language to address the size, qualifications, appointment procedures, terms of office and training of committee members and establishes the operating procedures for the committees. This new rule is needed in order to comply with recent legislation.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 7, 2004.

TRD-200400108

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 27, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 452-9427