SRC-MWN S.B. 584 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 584
77R5367 SMH-FBy: Carona
Business & Commerce
2/21/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Professional Land Surveying Practices Act provides that
persons who fail the examination for licensure as a Registered Professional
Land Surveyor (RPLS) are required to wait six-months before they are
authorized to retake the exam. Also, if a frivolous complaint is filed
against the licensee, that complaint remains a part of the licensee's
record, regardless of the merit of the complaint. As proposed, S.B. 584
eliminates the six-month waiting period for retaking the examination for
licensure as a RPLS and authorizes the Board of Professional Land Surveying
to expunge frivolous complaints from a licensee's record. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 16(e), Professional Land Surveying Practices Act
(Article 5282c, V.T.C.S.), to authorize an applicant who fails an
examination to apply to take a subsequent examination by filing an updated
application and paying an additional examination fee not to exceed $100,
rather than not earlier than six months from the date of the failed
examination. 

SECTION 2. Amends Section 24, Professional Land Surveying Practices Act
(Article 5282c, V.T.C.S.), by amending Subsections (b-(d) and adding
Subsection (e), to require the Texas Board of Professional Land Surveying
(board), if, after an investigation of a complaint, the board determines
that a registrant or licensee did not violate this Act or a rule or
regulation of the board, to expunge the complaint from the records of the
board. 

SECTION 3. Provides that the change of law made by this Act to Section
16(e), Professional Land Surveying Practices Act (Article 5282c, V.T.C.S.),
applies to a person who fails an examination before, on, or after the
effective date of this Act. Provides that the change in law made by this
Act to Section 24, Professional Land Surveying Practices Act (Article
5282c, V.T.C.S.), applies to a complaint without regard to whether the
complaint was filed before, on, or after the effective date of this Act. 

SECTION 4. Effective date: upon passage or September 1, 2001.