PART 11. TEXAS BOARD OF NURSING
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC §§213.27 - 213.30, 213.33
The Texas Board of Nursing (BON) adopts without changes amendments to 22 Texas Administrative Code §§213.27 - 213.30 and 213.33 pertaining to Practice and Procedure. These amendments were originally proposed and published in the May 9, 2008, issue of the Texas Register (33 TexReg 3723) and add language to the foregoing rules regarding the Board's Disciplinary Sanction Policies and its Disciplinary Guidelines for Criminal Conduct. The modified guidelines were published on March 9, 2007 in the Texas Register (32 TexReg 1409). These policies were reviewed by the Board's Task Force on Eligibility and Discipline which is an advisory committee consisting of advocate and stakeholder groups representing nursing practice. The Board approved modifications to the Board's Eligibility and Disciplinary Sanction Policies pertaining to substance abuse/dependency, lying and falsification, sexual misconduct, and fraud, theft, and deception, and these were published on February 22, 2008 in the Texas Register (33 TexReg 1646). These policies and guidelines are referred to by the Staff and Board when determining appropriate decisions in eligibility and disciplinary matters and should, therefore, be included in the Board's rules. The purpose of these policies is to address issues that arise in eligibility and disciplinary matters under Texas Occupations Code §301.452(b) and rules §§213.27 - 213.30 and 213.33.
No comments were received in response to the proposal.
The adopted amendments are pursuant to the authority of Texas Occupations Code, §301.157 and §301.151, which authorize the Texas Board of Nursing to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.
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 June 12, 2008.
TRD-200803051
James W. Johnston
General Counsel
Texas Board of Nursing
Effective date: July 2, 2008
Proposal publication date: May 9, 2008
For further information, please call: (512) 305-6824
CHAPTER 663. STANDARDS OF RESPONSIBILITY AND RULES OF CONDUCT
SUBCHAPTER A. ETHICAL STANDARDS
The Texas Board of Professional Land Surveying (TBPLS) adopts the repeal of §663.11, concerning certification and monumentation of surveys, without changes to the proposal as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2901). This rule is currently under Professional and Technical Standards, §663.17, which concerns monumentation.
The adopted repeal of this rule is to remove wording that already exists in another rule.
No comments were received regarding the repeal of this rule.
The repeal 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 June 11, 2008.
TRD-200803040
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: July 1, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.16, concerning Boundary Construction. The amendment is adopted with changes to the proposed text as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2901) and will be republished. This section identifies the requirements a registered professional land surveyor must follow in order to meet standards set up by the Board.
The amendment will further clarify what the land surveyor should do when delineating a property or boundary line. The changes made to the proposed rule text were to use the term land surveyor, which is defined in the Professional Land Surveying Practices Act, as opposed to surveyor which is not a defined term.
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.
§663.16.Boundary Construction.
(a) When delineating a property or boundary line as an integral portion of a survey, the land surveyor shall respect junior/senior property rights, footsteps of the original land surveyor, the record, the intent as evidenced by the record, the proper application of the rules of dignity or the priority of calls, and applicable statutory and case law of Texas.
(b) Appropriate deeds and/or other documents including those for adjoining parcels shall be relied upon for the location of the boundaries of the subject parcel(s).
(c) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for such research of adequate thoroughness to support the determination of the location of intended boundaries of the land parcel surveyed. The land surveyor may rely on record data related to the determination of boundaries furnished for the registrants' use by a qualified provider, provided the registrant reasonably believes such data to be sufficient and notes, references, or credits the documentation by which it is furnished.
(d) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the land surveyor's opinion of the boundary location shall be supported by other appropriate physical evidence which shall be explained in a land surveyor's report.
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 June 11, 2008.
TRD-200803041
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: July 1, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.17, concerning monumentation, with changes to the proposed text as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2902) and will be republished. This section identifies the requirements a registered professional land surveyor must follow in regards to the setting of monuments.
The adopted amendment will further clarify what the land surveyor should do when setting monumentation. The changes made to the proposed rule text were to use the term land surveyor, which is defined in the Professional Land Surveying Practices Act, as opposed to surveyor which is not a defined term.
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.
§663.17.Monumentation.
(a) All monuments set by registered professional land surveyors shall be set at sufficient depth to retain a stable and distinctive location and be of sufficient size to withstand the deteriorating forces of nature and shall be of such material that in the land surveyor's judgment will best achieve this goal.
(b) When delineating a property or boundary line as an integral portion of a survey (survey being defined in the Act, §1071.002(6) or (8)), the land surveyor shall set, or leave as found, sufficient, stable and reasonably permanent survey markers to represent or reference the property or boundary corners, angle points, and points of curvature or tangency.
(1) All survey markers shall be shown and described with sufficient evidence of the location of such markers on the land surveyors' plat. If the land surveyor shall prepare a written description of the surveyed premise, he/she shall include in that written description:
(A) reference to and a description of the survey markers as shown on the plat; and
(B) the seal and signature of a registered or licensed land surveyor.
(2) In addition, the land surveyor may furnish an electronic copy of a written description provided that the text is verbatim to that on the certified document retained in the land surveyor's file.
(c) All metes and bounds description prepared for easements shall be tied to physical monuments of record related to the boundary of the affected tract. If the land surveyor chooses to monument the easement or is directed to do so by his/her client, such monumentation shall be in compliance with subsection (b) of this section.
(d) Where practical, all monuments set by Professional Land Surveyors to delineate or witness a boundary corner shall be marked in a way that is traceable to the responsible registrant or associated employer.
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 June 11, 2008.
TRD-200803042
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: July 1, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §663.19, concerning Plat/Description/Report. This section identifies what the registered land surveyor is required to include in surveying reports. The amendment is adopted with changes to the proposed text as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2902).
The amendment will further clarify the definition of what a report shall include. The changes made to the proposed rule text were to use the term land surveyor, which is defined in the Professional Land Surveying Practices Act, as opposed to surveyor which is not a defined term.
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.
§663.19.Plat/Description/Report.
For the purposes of these rules the word "report" shall mean any or all of the following survey plat, descriptions, or written narratives.
(1) All reports shall delineate the relationship between record monuments and the location of boundaries surveyed, such relationship shall be shown on the survey plat, if a plat is prepared, and/or separate report and recited in the description with the appropriate record references recited thereon and therein.
(2) Every description prepared for the purpose of defining boundaries shall provide a definite and unambiguous identification of the location of such boundaries and shall describe all pertinent monuments found or placed.
(3) Every survey plat prepared shall be to a convenient scale and shall provide a definite and unambiguous representation of the location of the surveyed land according to its record description. Where material discrepancies are found between the record and the conditions discovered, the land surveyor shall apprise his/her client in the following manner.
(A) If a plat of survey is prepared, the land surveyor shall:
(i) make specific reference to the discrepancy on the plat of survey; or
(ii) make a general reference to the discrepancy on the plat of survey and a specific reference to a report of survey which more specifically describes the discrepancy.
(B) If a survey plat is not prepared, the land surveyor shall notify his/her client of any material discrepancy by report of survey or other written notice.
(4) Courses shall be referenced by notation upon the survey plat to an identifiable line for directional control.
(5) The survey plat shall bear the firm name, land surveyor's name, address, and phone number of the land surveyor responsible for the land survey, his/her official seal, his/her original signature (see §661.46 of this title (relating to Seal and Stamps)), and date surveyed.
(6) Boundary monuments found or placed by the land surveyor shall be described upon the survey plat, including those controlling monuments to which the survey may be referenced. The land surveyor shall note upon the survey plat which monuments were found and which monuments were placed as a result of his/her survey.
(7) A reference shall be cited on the plat to the record instrument that defines the location of adjoining boundaries. The cited instrument need not be the current ownership, but shall be the document containing the description of the boundaries being re-established.
(8) When appropriate, reference shall be cited in the prepared description to the record instrument that defines the location of adjoining boundaries. The cited instrument need not be the current ownership, but shall be the document containing the description of the boundaries being re-established.
(9) If any report consists of more than one part, each part shall note the existence of the other part or parts.
(10) If a land surveyor provides a written narrative in lieu of a Plat/sketch/drawing to report the results of a survey, the written narrative shall contain sufficient information to demonstrate the survey was conducted in compliance with the Act and rules of the Board.
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 June 11, 2008.
TRD-200803039
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: July 1, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 239-5263