1-1     By:  Uher, et al. (Senate Sponsor - Shapleigh)        H.B. No. 1328
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 13, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; May 13, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1328               By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of the practice of professional land
1-11     surveying.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 2(1), Professional Land Surveying
1-14     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
1-15     amended to read as follows:
1-16                 (1)  "Professional surveying" means the practice of
1-17     land, boundary, or property surveying or other similar professional
1-18     practices.  The term includes any service or work the adequate
1-19     performance of which involves the application of special knowledge
1-20     of the principles of geodesy, mathematics, related applied and
1-21     physical sciences, and relevant laws to the measurement or [and]
1-22     location of sites, points, lines, angles, elevations, natural
1-23     features, and existing man-made works in the air, on the surface of
1-24     the earth, within underground workings, and on the beds of bodies
1-25     of water for the purpose of determining areas and volumes for:
1-26                       (A)  the location of real property boundaries;
1-27                       (B)  the platting and layout of lands and
1-28     subdivisions of land; or [and]
1-29                       (C)  the preparation and perpetuation of maps,
1-30     record plats, field note records, easements, and real property
1-31     descriptions that represent those surveys.  To the extent these
1-32     services or types of creative work meet this definition, the term
1-33     includes consultation, investigation, evaluation, analysis,
1-34     planning, providing an expert surveying opinion or testimony, and
1-35     mapping.
1-36           SECTION 2.  Section 9(a), Professional Land Surveying
1-37     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
1-38     amended to read as follows:
1-39           (a)  The board shall have the authority and power to make and
1-40     enforce all reasonable and necessary rules, regulations, and bylaws
1-41     not inconsistent with the Texas Constitution, the laws of this
1-42     state, and this Act for the performance of its duties in
1-43     administering this Act and for the purpose of establishing
1-44     standards of conduct and ethics for surveyors registered or
1-45     licensed under this Act. The board by rule shall prescribe the
1-46     minimum standards for professional surveying.  The board by rule
1-47     shall prescribe standards for compliance with Subchapter A, Chapter
1-48     2254, Government Code, but may not otherwise adopt rules
1-49     restricting competitive bidding or advertising by a person
1-50     regulated by the board except to prohibit false, misleading, or
1-51     deceptive practices by the person.  The board may not include in
1-52     its rules to prohibit false, misleading, or deceptive practices by
1-53     a person regulated by the board a rule that:
1-54                 (1)  restricts the use of any medium for advertising;
1-55                 (2)  restricts the person's personal appearance or use
1-56     of the person's voice in an advertisement;
1-57                 (3)  relates to the size or duration of an
1-58     advertisement by the person; or
1-59                 (4)  restricts the person's advertisement under a trade
1-60     name.
1-61           SECTION 3.  Section 16(a), Professional Land Surveying
1-62     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
1-63     amended to read as follows:
1-64           (a)  Each applicant seeking certification as a
 2-1     surveyor-in-training, registration as a registered professional
 2-2     land surveyor, or licensure as a licensed state land surveyor shall
 2-3     file an application in writing with the Texas Board of Professional
 2-4     Land Surveying.  An application fee in an amount determined by the
 2-5     board[, not to exceed $100,] shall be submitted with the
 2-6     application.  If the board determines that the applicant is
 2-7     qualified to take the appropriate section of the examination, it
 2-8     shall set and notify the applicant of the section of the
 2-9     examination that the applicant is approved to take and the time and
2-10     place of the examination.  The applicant may take the section of
2-11     the examination that the applicant is approved to take on payment
2-12     of an examination fee in an amount determined by the board[, not to
2-13     exceed $100].
2-14           SECTION 4.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended,
2-19     and that this Act take effect and be in force from and after its
2-20     passage, and it is so enacted.
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