76R11368 SMH-F                           
         By Uher                                               H.B. No. 1328
         Substitute the following for H.B. No. 1328:
         By Wilson                                         C.S.H.B. No. 1328
                                A BILL TO BE ENTITLED
 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.
1-24           SECTION 2.  Section 9(a), Professional Land Surveying
 2-1     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
 2-2     amended to read as follows:
 2-3           (a)  The board shall have the authority and power to make and
 2-4     enforce all reasonable and necessary rules, regulations, and bylaws
 2-5     not inconsistent with the Texas Constitution, the laws of this
 2-6     state, and this Act for the performance of its duties in
 2-7     administering this Act and for the purpose of establishing
 2-8     standards of conduct and ethics for surveyors registered or
 2-9     licensed under this Act. The board by rule shall prescribe the
2-10     minimum standards for professional surveying.  A surveyor
2-11     registered or licensed under this Act who performs mapping services
2-12     is subject to regulation by the board as necessary to protect the
2-13     public interest.  The board by rule shall prescribe standards for
2-14     compliance with Subchapter A, Chapter 2254, Government Code, but
2-15     may not otherwise adopt rules restricting competitive bidding or
2-16     advertising by a person regulated by the board except to prohibit
2-17     false, misleading, or deceptive practices by the person.  The board
2-18     may not include in its rules to prohibit false, misleading, or
2-19     deceptive practices by a person regulated by the board a rule that:
2-20                 (1)  restricts the use of any medium for advertising;
2-21                 (2)  restricts the person's personal appearance or use
2-22     of the person's voice in an advertisement;
2-23                 (3)  relates to the size or duration of an
2-24     advertisement by the person; or
2-25                 (4)  restricts the person's advertisement under a trade
2-26     name.
2-27           SECTION 3.  Section 16(a), Professional Land Surveying
 3-1     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
 3-2     amended to read as follows:
 3-3           (a)  Each applicant seeking certification as a
 3-4     surveyor-in-training, registration as a registered professional
 3-5     land surveyor, or licensure as a licensed state land surveyor shall
 3-6     file an application in writing with the Texas Board of Professional
 3-7     Land Surveying.  An application fee in an amount determined by the
 3-8     board[, not to exceed $100,] shall be submitted with the
 3-9     application.  If the board determines that the applicant is
3-10     qualified to take the appropriate section of the examination, it
3-11     shall set and notify the applicant of the section of the
3-12     examination that the applicant is approved to take and the time and
3-13     place of the examination.  The applicant may take the section of
3-14     the examination that the applicant is approved to take on payment
3-15     of an examination fee in an amount determined by the board[, not to
3-16     exceed $100].
3-17           SECTION 4.  Section 24, Professional Land Surveying Practices
3-18     Act (Article 5282c, Vernon's Texas Civil Statutes), is amended to
3-19     read as follows:
3-20           Sec. 24.  ENFORCEMENT; COMPLAINTS; HEARINGS.  (a)  Any person
3-21     may file a complaint with the Texas Board of Professional Land
3-22     Surveying regarding a violation of this Act or any rule or
3-23     regulation of the board.  The board may also institute proceedings
3-24     against a registrant or licensee on its behalf without a formal
3-25     written third party complaint.  Each alleged violation of
3-26     applicable statutes, when duly reported and substantiated by sworn
3-27     affidavits, shall be investigated.  The board may employ the
 4-1     investigators or inspectors necessary to enforce properly the
 4-2     provisions of this Act.
 4-3           (b)  If after an investigation of a complaint the board
 4-4     determines that a registrant or licensee did not violate this Act
 4-5     or a board rule or regulation, the board shall expunge the
 4-6     complaint from the registrant's or licensee's file.  The complaint,
 4-7     and any information obtained by the board in the investigation of
 4-8     the complaint, is confidential and not subject to disclosure under
 4-9     Chapter 552, Government Code.
4-10           (c)  If the board proposes to suspend or revoke a person's
4-11     certificate of registration or licensure, the person is entitled to
4-12     a hearing before the board or a hearings officer appointed by the
4-13     board.  The board shall prescribe procedures by which all decisions
4-14     to suspend or revoke are made by or are appealable to the board.
4-15           (d) [(c)]  The board for reasons it may deem sufficient may
4-16     reissue a certificate of registration or licensure to any surveyor
4-17     whose certificate has been revoked provided six or more members
4-18     vote in favor of the reissuance.  A new certificate of registration
4-19     or licensure to replace a certificate revoked, lost, destroyed, or
4-20     mutilated may be issued, subject to the rules of the board and a
4-21     charge of $20.
4-22           (e) [(d)]  The attorney general or his assistants shall act
4-23     as legal advisor to the board and shall render such legal
4-24     assistance as may be necessary in enforcing the provisions of this
4-25     Act and the rules and regulations of the board.
4-26           SECTION 5.  The importance of this legislation and the
4-27     crowded condition of the calendars in both houses create an
 5-1     emergency and an imperative public necessity that the
 5-2     constitutional rule requiring bills to be read on three several
 5-3     days in each house be suspended, and this rule is hereby suspended,
 5-4     and that this Act take effect and be in force from and after its
 5-5     passage, and it is so enacted.