CHAPTER 1071. LAND SURVEYORS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-6-regulation-of-engineering-architecture-land-surveying-and-related-practices > Chapter-1071-land-surveyors

OCCUPATIONS CODE

TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,

AND RELATED PRACTICES

SUBTITLE C. REGULATION OF LAND SURVEYING AND RELATED PRACTICES

CHAPTER 1071. LAND SURVEYORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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,

2003.

Sec. 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 responsible charge" means the direct control of

professional surveying work performed under the supervision of a

registered professional land surveyor.

(4) "Land surveyor" means a registered professional land

surveyor or licensed state land surveyor.

(5) "Licensed state land surveyor" means a surveyor licensed by

the board to survey land in which the state or the permanent

school fund has an interest or perform other original surveys for

the purpose of filing field notes in the General Land Office.

(6) "Professional surveying" means the practice of land,

boundary, or property surveying or other similar professional

practices. The term includes:

(A) performing any service or work the adequate performance of

which involves applying special knowledge of the principles of

geodesy, mathematics, related applied and physical sciences, and

relevant laws to the measurement or location of sites, points,

lines, angles, elevations, natural features, and existing

man-made works in the air, on the earth's surface, within

underground workings, and on the beds of bodies of water to

determine areas and volumes for:

(i) locating real property boundaries;

(ii) platting and laying out land and subdivisions of land; or

(iii) preparing and perpetuating maps, record plats, field note

records, easements, and real property descriptions that represent

those surveys; and

(B) consulting, investigating, evaluating, analyzing, planning,

providing an expert surveying opinion or testimony, acquiring

survey data, preparing technical reports, and mapping to the

extent those acts are performed in connection with acts described

by this subdivision.

(7) "Registered professional land surveyor" means a person

registered by the board as a registered professional land

surveyor.

(8) "State land surveying" means the science or practice of land

measurement according to established and recognized methods

engaged in as a profession or service for the public for

compensation and consisting of the following activities conducted

when the resulting field notes or maps are to be filed with the

General Land Office:

(A) determining by survey the location or relocation of original

land grant boundaries and corners;

(B) calculating area and preparing field note descriptions of

surveyed and unsurveyed land or land in which the state or the

permanent school fund has an interest; and

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

611, Sec. 1, eff. June 17, 2005.

Sec. 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 chapter, the board is abolished and this chapter

expires September 1, 2015.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 1, eff. Sept.

1, 2003.

Sec. 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 the monumentation, delineation, or preparation of a metes

and bounds description.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING

Sec. 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 engaged in

the practice of state land surveying for not less than the five

years preceding appointment;

(3) three registered professional land surveyor members actively

engaged in the practice of professional surveying in this state

for not less than the five years preceding appointment; and

(4) three members who represent the public.

(b) The members of the board other than the commissioner are

appointed by the governor with the advice and consent of the

senate. The governor shall appoint the licensed state land

surveyor board members on the recommendation of the commissioner.

(d) If the commissioner is absent, the commissioner's duties as

a board member shall be performed by:

(1) the chief clerk of the General Land Office appointed by the

commissioner to perform any of the commissioner's duties if the

commissioner is sick, is absent, dies, or resigns; or

(2) a licensed state land surveyor employee of the General Land

Office designated by the commissioner to serve as director of

surveying for the office.

(e) A registered professional land surveyor board member may not

be licensed as a licensed state land surveyor.

(f) For purposes of the experience required for appointment as a

registered professional land surveyor board member, the teaching

of surveying in a recognized school of engineering or surveying

may be regarded as the practice of professional land surveying.

(g) Appointments to the board shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 23.01, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 16, Sec. 2, eff. Sept.

1, 2003.

Sec. 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, or licensed by an occupational

regulatory agency in the field of surveying;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

funds from the board;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving funds from the board; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the board and may not be an

employee of the board employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.) and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of surveying; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of

surveying.

general counsel to the board if the person is required to

because of the person's activities for compensation on behalf of

a profession related to the operation of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 3, eff. Sept.

1, 2003.

Sec. 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 31 of each odd-numbered year.

(b) A board member appointed by the governor may not serve more

than two consecutive terms.

shall file with the secretary of state a copy of the

constitutional oath of office taken by the member.

(d) A vacancy on the board is filled by appointment by the

governor in the manner provided by Section 1071.051 for the

unexpired term.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 23.02, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 16, Sec. 4, eff. Sept.

1, 2003.

Sec. 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) The board shall elect a member as assistant presiding

officer at the first board meeting held after February 10 of each

odd-numbered year.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 required by Sections 1071.051 and 1071.052;

(2) does not maintain during service on the board the

qualifications required by Sections 1071.051 and 1071.052;

(3) is ineligible for membership under Section 1071.051,

1071.052, or 1071.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by majority vote of the

board.

(b) The validity of an action of the board is not affected by

the fact that the action is taken when a ground for removal of a

board member exists.

ground for removal exists, the executive director shall notify

the presiding officer of the board of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer

of the board, who shall then notify the governor and the attorney

general that a potential ground for removal exists.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 5, eff. Sept.

1, 2003.

Sec. 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 the member

engages in official board duties, including time spent in

necessary travel.

(b) Each board member other than the commissioner is entitled to

reimbursement for all legitimate expenses incurred in performing

the member's duties.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 applicants for:

(1) certification as a surveyor-in-training;

(2) registration as a registered professional land surveyor; or

(3) licensing as a licensed state land surveyor.

(b) The board shall hold regular and special meetings at the

times determined by the board. A special meeting may be called by

the presiding officer or by the assistant presiding officer if

the presiding officer is out of the state or unable to act.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 a member in attendance at a meeting

of the board until the person completes a training program that

complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the board;

(2) the programs operated by the board;

(3) the role and functions of the board;

(4) the rules of the board, with an emphasis on the rules that

relate to disciplinary and investigatory authority;

(5) the current budget for the board;

(6) the results of the most recent formal audit of the board;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 2003, 78th Leg., ch. 16, Sec. 6, eff. Sept. 1,

2003.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 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 the pleasure of the board.

(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(42).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 26, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 285, Sec. 31(42), eff.

Sept. 1, 2003.

Sec. 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 may accept services necessary to perform the

board's work under this chapter that are provided by private

sources at no cost to the board.

exceed compensation paid for similar work in other state

agencies.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 the

requirements for office or employment under this chapter,

including information regarding a person's responsibilities under

applicable laws relating to standards of conduct for state

officers or employees.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 7, eff. Sept.

1, 2003.

Sec. 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 level positions

concurrently with any public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations. All

merit pay for board employees must be based on the system

established under this subsection.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 to ensure

that all personnel decisions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel, that show the intent of the board to

avoid the unlawful employment practices described by Chapter 21,

Labor Code; and

(2) an analysis of the extent to which the composition of the

board's personnel is in accordance with state and federal law and

a description of reasonable methods to achieve compliance with

state and federal law.

(b) A policy statement prepared under Subsection (a) must:

(1) be updated annually;

(2) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(3) be filed with the governor's office.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 8, eff. Sept.

1, 2003.

SUBCHAPTER D. POWERS AND DUTIES OF BOARD

Sec. 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

conduct and ethics for land surveyors.

(b) The board by rule shall prescribe the minimum standards for

professional surveying.

for a violation of this chapter or a board rule.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 10, eff.

Sept. 1, 2003.

Sec. 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.

Sec. 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 pay the

costs of administering this chapter in an amount that exceeds the

amount of fees received under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 1071.1521. FEE INCREASE. (a) The fee for the issuance of

a certificate of registration to a registered professional land

surveyor under this chapter and the fee for the renewal of a

certificate of registration for a registered professional land

surveyor under this chapter is increased by $200.

(b) Of each fee increase collected, $50 shall be deposited in

the foundation school fund and $150 shall be deposited in the

general revenue fund.

are employed by the state as land surveyors.

Added by Acts 2003, 78th Leg., ch. 200, Sec. 14(c), eff. Sept. 1,

2003.

Sec. 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 adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

regarding the use of alternative dispute resolution by state

agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training necessary for

implementation of the negotiated rulemaking or alternative

dispute resolution procedures; and

(3) collect data on the effectiveness of the procedures as

implemented by the board.

Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1,

2003.

Sec. 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. 16, Sec. 12, eff. Sept. 1,

2003.

Sec. 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 years of age.

Added by Acts 2005, 79th Leg., Ch.

170, Sec. 1, eff. September 1, 2005.

Sec. 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 equipment are

considered administrative expenses of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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

land surveyor;

(2) the rules adopted by the board; and

(3) a copy of this chapter.

(b) The board shall charge a fee in an amount reasonable and

necessary to cover the costs of reproducing and mailing a copy of

the roster to a person who requests a copy.

of this chapter and of the board's rules.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 each applicant for

registration or licensing. The record shall be open for public

inspection at all reasonable times.

(b) The register must include:

(1) the name, age, and place of residence of the applicant;

(2) the application date;

(3) the applicant's place of business;

(4) the applicant's qualifications;

(5) if the application is rejected, the reasons for the

rejection;

(6) the date and result of each examination;

(7) the date and number of any certificate of registration or

license issued; and

(8) any other information the board determines necessary.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 branch.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 board may not

adopt rules restricting advertising or competitive bidding by a

person regulated by the board except to prohibit false,

misleading, or deceptive practices by that person.

misleading, or deceptive practices by a person regulated by the

board a rule that:

(1) restricts the use of any advertising medium;

(2) restricts the person's personal appearance or use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the person's advertisement under a trade name.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 board's ability to perform its

functions. The technological solutions must:

(1) ensure that the public is able to easily find information

about the board on the Internet;

(2) ensure that persons who want to use the board's services are

able to:

(A) interact with the board through the Internet; and

(B) access any service that can be provided effectively through

the Internet; and

(3) be cost-effective and developed through the board's planning

process.

Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1,

2003.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 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 resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 issue

under the board's jurisdiction.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 shall establish methods by which consumers

and service recipients are notified of the name, mailing address,

and telephone number of the board for the purpose of directing

complaints to the board. The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated under this chapter;

(2) on a sign prominently displayed in the place of business of

each person regulated under this chapter; or

(3) in a bill for services provided by a person regulated under

this chapter.

complaint is notarized.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 13, eff.

Sept. 1, 2003.

Sec. 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 include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the board;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

board closed the file without taking action other than to

investigate the complaint.

(b) If a written complaint that the board has authority to

resolve is filed with the board, the board shall provide to the

person filing the complaint and to each person who is a subject

of the complaint a copy of the board's policies and procedures

relating to complaint investigation and resolution.

the complaint, shall notify the person filing the complaint and

each person who is a subject of the complaint of the status of

the investigation unless the notice would jeopardize an

undercover investigation.

(d) Except as provided by Subsection (e), a complaint filed with

the board is public information.

(e) For any complaint determined to be frivolous or without

merit, the complaint and other enforcement case information

related to that complaint are confidential. The information may

be used only by the board or by its employees or agents directly

involved in the enforcement process for that complaint. The

information is not subject to discovery, subpoena, or other

disclosure.

(f) In this section, "frivolous complaint" means a complaint

that the executive director and investigator, with board

approval, determine:

(1) was made for the purpose of harassment; and

(2) does not demonstrate harm to any person.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 14, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

173, Sec. 1, eff. May 27, 2009.

SUBCHAPTER F. REGISTRATION, LICENSING, AND CERTIFICATION

REQUIREMENTS

Sec. 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 licensed to perform professional

surveying in this state.

(b) A person may not engage in the practice of professional

surveying unless the person is registered, licensed, or certified

as provided by this chapter.

this state unless the person is registered or licensed as

provided by this chapter.

(d) A person may not use in connection with the person's name or

use or advertise a title or description that tends to convey the

impression that the person is a professional land surveyor unless

the person is registered or licensed under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 a written application with the

board accompanied by an application fee in an amount determined

by the board.

(b) An application must be made on a form prescribed and

furnished by the board and contain statements that show the

applicant's education and experience. The application must

contain a detailed summary of the applicant's education and

experience and references from at least three registered

professional land surveyors having personal knowledge of the

applicant's surveying experience. The board shall accept an

application that meets board requirements regardless of whether

the application is notarized.

to take the appropriate section of the examination under Section

1071.256, the board shall set the examination section the

applicant is approved to take and notify the applicant of the

examination section and of the time and place of the examination.

The applicant may take the examination section on payment of an

examination fee in an amount determined by the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 15, eff.

Sept. 1, 2003.

Sec. 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;

(2) have:

(A) earned a bachelor's degree from an accredited institution of

higher education that included at least 32 semester hours in a

combination of courses acceptable to the board in:

(i) civil engineering;

(ii) land surveying;

(iii) mathematics;

(iv) photogrammetry;

(v) forestry;

(vi) land law; or

(vii) the physical sciences; and

(B) completed at least one year of experience acceptable to the

board in delegated responsible charge as a subordinate to a

registered professional land surveyor actively engaged in

professional surveying;

(3) have:

(A) earned an associate degree in surveying from an accredited

institution of higher education; and

(B) completed at least two years of experience acceptable to the

board in delegated responsible charge as a subordinate to a

registered professional land surveyor actively engaged in

professional surveying;

(4) have:

(A) successfully completed a course of instruction consisting of

32 semester hours in land surveying or the equivalent number of

semester hours in board-approved courses related to surveying;

and

(B) completed at least two years of experience acceptable to the

board in delegated responsible charge as a subordinate to a

registered professional land surveyor actively engaged in

professional surveying; or

(5) have:

(A) graduated from an accredited high school;

(B) completed at least four years of experience acceptable to

the board in delegated responsible charge as a subordinate to a

registered professional land surveyor actively engaged in

professional surveying; and

applicant is self-educated in professional surveying.

(b) On proof that an applicant has the qualifications required

by Subsection (a), the board shall allow the applicant to take an

examination consisting of parts of the examination under Section

1071.256, the contents of which are as determined or approved by

the board.

an applicant who passes the applicable parts of the examination

taken under Subsection (b). The certificate is valid for eight

years.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

53, Sec. 1, eff. May 10, 2007.

Sec. 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 of experience satisfactory to the

board as a surveyor-in-training in performing surveying in

delegated responsible charge as a subordinate to a surveyor

registered or licensed to engage in the practice of surveying in

this state or in another state having registration or licensing

requirements equivalent to the requirements of this state; and

(3) if the application is filed after January 1, 2003, have

earned a bachelor's degree from an accredited institution of

higher education that included at least 32 semester hours in a

combination of courses acceptable to the board in:

(A) civil engineering;

(B) land surveying;

(D) photogrammetry;

(E) forestry;

(F) land law; or

(G) the physical sciences.

(b) An applicant is entitled to registration as a registered

professional land surveyor if the applicant meets the

qualifications prescribed by Subsection (a) and is approved to

take and passes the required sections of the examination

prescribed under Section 1071.256.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 passes the

appropriate sections of the examination prescribed under Section

1071.256.

(b) The board may not issue a license to a licensed state land

surveyor until the applicant takes the official oath stating that

the person will faithfully, impartially, and honestly perform all

the duties of a licensed state land surveyor to the best of the

person's skill and ability in all matters in which the person may

be employed.

surveyor to a person residing outside of this state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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

the public safety, welfare, and property rights.

(b) The examination for an applicant for registration as a

registered professional land surveyor must be developed and given

as provided by this chapter under board rules designed to

determine the knowledge and ability of the applicant.

state land surveyor must be developed under board rules and

include examination on:

(1) the theory of surveying;

(2) the law of land boundaries;

(3) the history and functions of the General Land Office; and

(4) other matters pertaining to surveying as determined by the

board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 of the

examination.

(b) If the examination is graded or reviewed by a testing

service:

(1) the board shall notify the person of the results of the

examination not later than the 14th day after the date the board

receives the results from the testing service; and

(2) if notice of the examination results will be delayed for

longer than 90 days after the examination date, the board shall

notify the person of the reason for the delay before the 90th

day.

administered under this chapter, the board shall furnish the

person with an analysis of the person's performance on the

examination. The analysis shall be provided in a summary form

that does not compromise the integrity of the examination.

(d) The board may require a testing service to notify a person

of the results of the person's examination.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 16, eff.

Sept. 1, 2003.

Sec. 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 by the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 17, eff.

Sept. 1, 2003.

Sec. 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 to the

registration requirements of this state.

(b) The board may issue a certificate of registration as a

registered professional land surveyor to an applicant under this

section who meets all waived and unwaived registration

requirements and who:

(1) applies to the board for a certificate of registration;

(2) pays a fee set by the board; and

(3) passes an examination on Texas surveying.

under Subsection (b)(3). The examination may not exceed four

hours in duration.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 18, eff.

Sept. 1, 2003.

Sec. 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 surveyor. The number must be on

the certificate of registration and recorded in the board's

permanent records and is the surveyor's registration number for

use on all official documents.

(b) Each certificate of registration and license issued by the

board must show the full name of the registration holder or

license holder and shall be signed by the presiding officer and

the executive director of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 qualified to practice as a registered

professional land surveyor or licensed state land surveyor.

(b) A person holding a certificate of registration or license

shall display the certificate or license at the person's place of

business or practice. The person shall be prepared to

substantiate that the certificate or license has been renewed for

the current year.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 to replace a certificate or license that

has been revoked, lost, destroyed, or mutilated.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 19, eff.

Sept. 1, 2003.

Sec. 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 holder on inactive status may not practice

surveying.

(b) A registration holder on inactive status must pay an annual

fee set by the board.

(1) comply with the professional development requirements

adopted by the board; or

(2) take an examination for reinstatement to active status.

(d) To return to active status, a registration holder on

inactive status must file with the board a written notice

requesting reinstatement to active status.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 20, eff.

Sept. 1, 2003.

SUBCHAPTER G. RENEWAL OF REGISTRATION AND LICENSE

Sec. 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 year in

which the certificate or license expiration date is changed, the

board shall prorate certificate and license fees on a monthly

basis so that each certificate or license holder pays only that

portion of the certificate or license fee that is allocable to

the number of months during which the certificate or license is

valid. On renewal of the certificate or license on the new

expiration date, the total certificate or license renewal fee is

payable.

(b) A renewal certificate must have the same registration number

as the original certificate.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 21, eff.

Sept. 1, 2003.

Sec. 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

notice of the impending expiration to the person at the person's

last known address according to the board's records.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 22, eff.

Sept. 1, 2003.

Sec. 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 required renewal fee to the board before the expiration date

of the certificate or license. A person whose certificate or

license has expired may not engage in activities that require a

certificate or license until the certificate or license has been

renewed.

(b) A person whose certificate or license has been expired for

90 days or less may renew the certificate or license by paying to

the board a renewal fee that is equal to 1-1/2 times the normally

required renewal fee.

more than 90 days but less than one year may renew the

certificate or license by paying to the board a renewal fee that

is equal to two times the normally required renewal fee.

(d) A person whose certificate or license has been expired for

one year or more may not renew the certificate or license. The

person may obtain a new certificate or license by complying with

the requirements and procedures, including the examination

requirements, for obtaining an original certificate or license.

(e) A person who was registered or licensed in this state, moved

to another state, and is currently registered or licensed and has

been in practice in the other state for the two years preceding

the date of application may obtain a new certificate or license

without reexamination. The person must pay to the board a fee

that is equal to two times the normally required renewal fee for

the certificate or license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 23, eff.

Sept. 1, 2003.

Sec. 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 renew the license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 education courses

as prescribed by board rule. The board's rules must provide that

the continuing professional education requirement may be met by

completing annually not more than 16 hours of professional

development courses or programs.

(b) The board may also grant professional education credit for:

(1) satisfactory completion of academic work at an accredited

institution;

(2) teaching or consulting in a program approved by the board;

(3) authorship of a technical paper approved by the board.

records relating to the person's professional education

activities. The records are subject to audit by the board on

application by the person for renewal of registration.

(d) As a condition for retaining a surveyor-in-training

certificate, the board shall require the certificate holder to

successfully complete continuing professional education courses

as prescribed by board rule. The certificate holder shall

maintain records relating to the person's professional education

activities. The records are subject to audit by the board as a

condition for retaining the certificate.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

53, Sec. 2, eff. May 10, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1161, Sec. 1, eff. September 1, 2009.

SUBCHAPTER H. PRACTICE OF LAND SURVEYING

Sec. 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 of a certificate of registration, a registered

professional land surveyor shall obtain an authorized seal

bearing the person's name and registration number and the title

"Registered Professional Land Surveyor."

office. The seal must contain the license holder's official

title, "Licensed State Land Surveyor," around the margin and the

word "Texas" between the points of the star in the seal. A

licensed state land surveyor shall attest with the seal all

official acts authorized under law. An act, paper, or map of a

licensed state land surveyor may not be filed in the county

records of the General Land Office unless it is certified to

under the surveyor's seal.

(d) A registration holder or license holder may not affix the

person's name, seal, or certification to any plat, design,

specification, or other professional surveying work that is

prepared by a person who is not registered or licensed under this

chapter unless the work is performed by an employee under the

direct supervision of the registration holder or license holder.

(e) A registration holder or license holder may not allow a

person who is not registered or licensed under this chapter to

exert control over the end product of professional surveying

work.

(f) If professional surveying is performed as a joint venture of

an association of two or more firms, each firm shall use the seal

of the surveyor having primary responsibility for the venture.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 surveyor is

employed full-time where the services are offered.

(a-1) The board shall adopt rules prescribing the requirements

for the registration of an entity described by Subsection (a).

(a-2) 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.

(b) A registered professional land surveyor or licensed state

land surveyor may organize or engage in any form of individual or

group practice of surveying allowed by state statute. The

individual or group practice must properly identify the

registered professional land surveyor or licensed state land

surveyor who is responsible for the practice.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1077, Sec. 1, eff. June 15, 2007.

Sec. 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 authorized

to engage in public or state land surveying, whether individually

or as an association, partnership, or corporation, shall file

with the board, in the manner prescribed by the board, a

certificate stating the full name and place of residence of each

person engaging in the practice and the place, including the

street address, city, and zip code, where the practice or

business is principally conducted.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 surveying in cases

that come under the supervision of the commissioner. The

jurisdiction of the license holder is coextensive with the limits

of the state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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, Sec. 1, eff. June 1,

2003.

Sec. 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 board shall inform the General Land Office.

(b) A licensed state land surveyor who resigns under this

section is not entitled to reinstatement of the person's license.

To obtain a new license, the person must meet the requirements

for an original license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 surveyors.

(b) The election of a licensed state land surveyor as county

surveyor does not limit the jurisdiction of the license holder to

that county, and the election of a county surveyor for any

particular county does not prevent any licensed state land

surveyor from performing the duties of a surveyor in that county.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 party is entitled to

a court order to enforce the license holder's authority to cross

the land.

(b) The attorney general shall promptly apply for an order under

this section from the district court. Venue for the action is in

the county in which the land is located.

licensed under this chapter and acting in the person's official

capacity.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

158, Sec. 1, eff. May 21, 2007.

Sec. 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 court order

authorizing the surveyor to cross the land.

(b) A registered professional land surveyor may apply for an

order under this section from the district court. Venue for the

action is in the county in which the land is located.

a county surveyor and is engaged in surveying in the person's

official capacity, the county attorney may apply for an order

under this section.

(d) The court shall grant the order on proof that:

(1) the person is a registered professional land surveyor acting

in the person's official capacity as a county surveyor; or

(2) the person is a registered professional land surveyor and

the issuance of a court order authorizing the person to cross the

land is in the public's best interest.

Added by Acts 2007, 80th Leg., R.S., Ch.

158, Sec. 2, eff. May 21, 2007.

Sec. 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."

(b) Field notes and plats prepared by a licensed state land

surveyor must conform to Sections 21.041 and 21.042, Natural

Resources Code.

county in this state are admissible in evidence.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 tract

enclosed; and

(2) forward a report of the existence of the tract and the

tract's acreage to the commissioner.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

Sec. 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 be charged if the investigation

of the records is for the purpose of:

(1) making a survey of public land under the law regulating the

sale or lease of public land; or

(2) identifying and establishing the boundaries of public land.

this section shall comply with any regulations prescribed by the

county surveyor or the commissioners court for protecting and

preserving the records.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003.

SUBCHAPTER I. DISCIPLINARY PROCEDURES

Sec. 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 has been suspended, or reprimand a

registration holder or license holder for:

(1) fraud or deceit in obtaining a certificate or license under

this chapter;

(2) gross negligence, incompetence, or misconduct in the

practice of surveying as a land surveyor; or

(3) a violation of this chapter or a board rule.

(b) The license of a licensed state land surveyor is subject to

revocation if the license holder is found to be directly or

indirectly interested in the purchase or acquisition of title to

public land.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 24, eff.

Sept. 1, 2003.

Sec. 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 board shall assign an employee or contract with an

investigator to investigate each alleged violation of this

chapter or a board rule that is reported to the board. The board

may employ investigators and inspectors as necessary to properly

enforce this chapter.

(1) dismiss a complaint that is without merit; or

(2) determine whether a person has committed the violation and

recommend sanctions to the board.

(d) A board employee investigating an alleged violation shall

report the dismissal of a complaint under Subsection (c)(1) to

the board in the manner required by the board.

(e) The person making a complaint that is dismissed under

Subsection (c)(1) may request reconsideration of the dismissal by

the board.

(f) The board may appoint a subcommittee of the board that

includes at least one board member who represents the public to

assist in an investigation. A member of a subcommittee or a

member of the board who consults with board personnel or an

investigator on a complaint may not vote at a board disciplinary

hearing related to the complaint.

(g) The board may not take into consideration a previously

dismissed complaint while resolving a complaint before the board.

The board may take into consideration any previous violation of

this chapter or a board rule when assessing a sanction or penalty

for a complaint before the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 16, Sec. 25, eff.

Sept. 1, 2003.

Sec. 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 board or a hearings officer appointed by the board.

(b) The board shall prescribe procedures by which a decision to

suspend or revoke a certificate of registration or license is

made by or appealable to the board.<

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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