Part 29. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
Chapter 661. GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING
The Texas Board of Professional Land Surveying (TBPLS) proposes an amendment to §661.55, concerning the registration of surveying firms. The amendment is to implement recently passed legislation as a result of H.B. 2820.
The amendment to the rule will clarify the new requirements for registering firms.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this amendment.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because firms offering land surveying services will be required to register their firm with the Board.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The amendment is 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.
The proposed amendment implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.55.Surveying Firms Registration .
(a) An association, partnership, or corporation offering surveying
services shall file
a registration form
with the Board
which identifies
[
, on a form furnished by the Board
]:
(1) the business and legal names and addresses of the association, partnership, or corporation;
(2) the name of the owner or manager of the association, partnership, or corporation; and
(3) the names and license numbers of all persons registered or licensed under this Act employed by the association, partnership, or corporation.
(b) A person registered or licensed under the Act shall ensure that any association, partnership, or corporation employing them complies with the filing requirements set forth in subsection (a) of this section.
(c) A person registered or licensed under the Act and employed by an association, partnership, or corporation shall notify the Board in writing within five (5) business days prior to leaving employment or no later than 24 hours after leaving employment.
(d) 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 at the time of the violation.
(e)
[
(d)
] The Board may refer to the
Texas Attorney General for appropriate action any person registered or licensed
under the Act or any association, partnership, or corporation offering surveying
services that fails to comply with this section.
(f) Any firm furnishing contract land surveying crews must have a registered professional land surveyor as a full-time employee in that firm as reflected in its registration form filed with the board.
(g) A nonrefundable fee, as established by the Board, will be submitted with the registration form.
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 June 8, 2007.
TRD-200702349
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: July 22, 2007
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) proposes new §661.56, concerning the surveying firms renewal and expiration of certificate of registration. The new section is to implement recently passed legislation as a result of H.B. 2820.
The new rule will enact the requirement of §1071.352, concerning Surveying by Business Entity.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this rule.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will implement procedures for registering firms that offer land surveying services.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed rule may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The new rule is 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.
The new rule implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.56.Surveying Firms Renewal and Expiration.
(a) The certificate of registration shall be valid until the last day of the twelfth month following the date of issuance of the certificate of registration. At least one month in advance of the date of the expiration, the Board shall notify each firm holding a certificate of registration of the date of the expiration and the amount of the fee that shall be required for its renewal for one year. The renewal notice shall be mailed to the last address provided by the firm to the Board. The certificate of registration may be renewed by completing the renewal application and paying the annual registration renewal fee set by the Board. It is the sole responsibility of the firm to pay the required renewal fee prior to the expiration date, regardless of whether the renewal notice is received.
(b) A certificate of registration which has been expired for less than one year may be renewed by completing the renewal statement sent by the Board and payment of two (2) times the normal renewal fee. When renewing an expired certificate of registration, the authorized official of the firm shall submit a written statement of whether surveying services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired.
(c) If a certificate of registration has been expired for more than one year, the firm must re-apply for certification under the laws and rules in effect at the time of the new application and shall be issued a new certificate of registration firm number if the new application is approved.
(d) The renewal fee will not be refundable.
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 June 8, 2007.
TRD-200702351
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: July 22, 2007
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) proposes new §661.57, concerning compliance with the registration of firms. The new rule is to implement recently passed legislation as a result of H.B. 2820.
The new rule will enact the requirement of the Professional Land Surveying Practices Act, §1071.352, Surveying by Business Entity.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this new rule.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will implement procedures for registering firms that offer land surveying services.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed rule may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The new rule is 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.
The new rule implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.57.Surveying Firm Compliance.
(a) Any firm or other business entity shall not offer or perform surveying services to the public unless registered with the board pursuant to the requirements of §661.55 of this title (relating to Survey Firm Registration).
(b) A firm shall provide that at least one full-time active license holder is employed with the entity and that the active license holder performs or directly supervises all surveying work and activities that require a license that is performed in the primary or branch office(s).
(c) An active license holder who is a sole practitioner shall satisfy the requirement of the regular, full-time employee.
(d) No surveying services are to be offered to or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.
(e) A business entity that offers or is engaged in the practice of surveying in Texas and is not registered with the board or has previously been registered with the board and whose registration has expired shall be considered to be in violation of the Act and board rules and will be subject to administrative penalties as set forth in §1071.451 and §1071.452 of the Act and §661.99 of this title (relating to Sanctions and Penalty Matrix).
(f) The board may revoke a certificate of registration that was obtained in violation of the Act and/or board rules including, but not limited to, fraudulent or misleading information submitted in the application or lack of employee relationship with the designated professional surveyor for the firm.
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 June 8, 2007.
TRD-200702352
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: July 22, 2007
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) proposes an amendment to §661.60, concerning the Responsibility to the Board. It will implement recently passed legislation as a result of H.B. 2820.
The amendment will further clarify the responsibility a firm has toward the board in registering their firm.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this amendment.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will add the firm registration process as a responsibility to the board.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The amendment is 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.
The proposed amendment implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.60.Responsibility to the Board.
(a) A registrant/licensee/SIT
/firm
whose registration/license/certification
is current or has expired but is renewable under the Texas Professional Land
Surveying Practices Act and Board rules, is subject to all provisions of the
Act and Board rules. A registrant/licensee/SIT
/firm
shall respond
fully and truthfully to all Board inquiries and furnish all maps, plats, surveys
or other information or documentation requested by the Board within 30 days
of such registrant's, licensee's
,
[
or
] SIT's
or firm's
receipt of a Board inquiry or request concerning matters under
the jurisdiction of the Board. An inquiry or request shall be deemed received
on the earlier of:
(1) the date actually received as reflected by a delivery receipt from the United States Postal Service or a private courier or
(2) two days after the Board request or inquiry is deposited
in a postage paid envelope in the United States Mail addressed to the registrant,
licensee
,
[
or
] SIT
or firm
at his/her last
address reflected on the records of the Board.
(b) Any registrant, licensee
,
[
or
] SIT
or firm
subject to Board decisions or orders shall fully comply with
the final decisions and orders within any time periods which might be specified
in such decisions or orders. Failure to timely, fully and truthfully respond
to Board inquiries, failure to furnish requested information, or failure to
timely and fully comply with Board decisions and orders, shall constitute
separate offenses or misconduct subject to such penalties as may be imposed
by the Board as provided under the Act.
(c) The registrant/licensee/SIT /firm is required to cooperate with all investigations of the board, including but not limited to site inspections, records review and allowing interviews with employees regarding compliance with the Act and Rules.
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 June 8, 2007.
TRD-200702353
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: July 22, 2007
For further information, please call: (512) 239-5263
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Professional Land Surveying or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Professional Land Surveying (TBPLS) repeals §661.121, concerning firms furnishing survey crews. This rule is being added to §661.55 which implements legislation of H.B. 2820 concerning surveying by business entity.
The repeal of this rule is to move the language to a rule that will clarify the registration of firms and to implement legislation of H.B. 2820.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this repeal.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will require firms furnishing crews to be registered.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the repeal may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The repeal is 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.
The proposed repeal implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.121.Firms Furnishing Crews.
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 June 8, 2007.
TRD-200702350
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: July 22, 2007
For further information, please call: (512) 239-5263
Subchapter B. PROFESSIONAL AND TECHNICAL STANDARDS
The Texas Board of Professional Land Surveying (TBPLS) proposes an amendment to §663.17, concerning Monumentation. This section identifies what the registered land surveyor is required to do in regards to monumentation.
The amendment will further clarify the procedures that a land surveyor must follow in setting monumentation for subdivisions.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this amendment.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will clarify the monumentation process.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The amendment is 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.
The proposed amendment implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§663.17.Monumentation.
(a) - (d) (No change.)
(e) Subdivisions that require infrastructure construction must have exterior corner monumentation set prior to plat recordation. It is the responsibility of the surveyor signing the recorded subdivision plat and the Company he/she is registered to work under to ensure that the setting of interior lot and block corners be completed within one calendar year from the date of recordation. In the event of a conflict between this subsection and local ordinances and rules, this subsection will prevail.
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 June 8, 2007.
TRD-200702348
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: July 22, 2007
For further information, please call: (512) 239-5263