1-1                                   AN ACT
 1-2     relating to the regulation of the practice of professional land
 1-3     surveying.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2(1), Professional Land Surveying
 1-6     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
 1-7     amended to read as follows:
 1-8                 (1)  "Professional surveying" means the practice of
 1-9     land, boundary, or property surveying or other similar professional
1-10     practices.  The term includes any service or work the adequate
1-11     performance of which involves the application of special knowledge
1-12     of the principles of geodesy, mathematics, related applied and
1-13     physical sciences, and relevant laws to the measurement or [and]
1-14     location of sites, points, lines, angles, elevations, natural
1-15     features, and existing man-made works in the air, on the surface of
1-16     the earth, within underground workings, and on the beds of bodies
1-17     of water for the purpose of determining areas and volumes for:
1-18                       (A)  the location of real property boundaries;
1-19                       (B)  the platting and layout of lands and
1-20     subdivisions of land; or [and]
1-21                       (C)  the preparation and perpetuation of maps,
1-22     record plats, field note records, easements, and real property
1-23     descriptions that represent those surveys.  To the extent these
1-24     services or types of creative work meet this definition, the term
 2-1     includes consultation, investigation, evaluation, analysis,
 2-2     planning, providing an expert surveying opinion or testimony, and
 2-3     mapping.
 2-4           SECTION 2.  Section 9(a), Professional Land Surveying
 2-5     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
 2-6     amended to read as follows:
 2-7           (a)  The board shall have the authority and power to make and
 2-8     enforce all reasonable and necessary rules, regulations, and bylaws
 2-9     not inconsistent with the Texas Constitution, the laws of this
2-10     state, and this Act for the performance of its duties in
2-11     administering this Act and for the purpose of establishing
2-12     standards of conduct and ethics for surveyors registered or
2-13     licensed under this Act. The board by rule shall prescribe the
2-14     minimum standards for professional surveying.  The board by rule
2-15     shall prescribe standards for compliance with Subchapter A, Chapter
2-16     2254, Government Code, but may not otherwise adopt rules
2-17     restricting competitive bidding or advertising by a person
2-18     regulated by the board except to prohibit false, misleading, or
2-19     deceptive practices by the person.  The board may not include in
2-20     its rules to prohibit false, misleading, or deceptive practices by
2-21     a person regulated by the board a rule that:
2-22                 (1)  restricts the use of any medium for advertising;
2-23                 (2)  restricts the person's personal appearance or use
2-24     of the person's voice in an advertisement;
2-25                 (3)  relates to the size or duration of an
2-26     advertisement by the person; or
2-27                 (4)  restricts the person's advertisement under a trade
 3-1     name.
 3-2           SECTION 3.  Section 16(a), Professional Land Surveying
 3-3     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
 3-4     amended to read as follows:
 3-5           (a)  Each applicant seeking certification as a
 3-6     surveyor-in-training, registration as a registered professional
 3-7     land surveyor, or licensure as a licensed state land surveyor shall
 3-8     file an application in writing with the Texas Board of Professional
 3-9     Land Surveying.  An application fee in an amount determined by the
3-10     board[, not to exceed $100,] shall be submitted with the
3-11     application.  If the board determines that the applicant is
3-12     qualified to take the appropriate section of the examination, it
3-13     shall set and notify the applicant of the section of the
3-14     examination that the applicant is approved to take and the time and
3-15     place of the examination.  The applicant may take the section of
3-16     the examination that the applicant is approved to take on payment
3-17     of an examination fee in an amount determined by the board[, not to
3-18     exceed $100].
3-19           SECTION 4.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended,
3-24     and that this Act take effect and be in force from and after its
3-25     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1328 was passed by the House on May
         4, 1999, by the following vote:  Yeas 139, Nays 0, 1 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 1328 on May 26, 1999, by the following vote:  Yeas 145, Nays 0,
         2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1328 was passed by the Senate, with
         amendments, on May 24, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor