By Carona                                              S.B. No. 584
         77R5367 SMH-F                           
                                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 16(e), Professional Land Surveying
 1-6     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
 1-7     amended to read as follows:
 1-8           (e)  An applicant who fails an examination may apply to take
 1-9     a subsequent examination [not earlier than six months from the date
1-10     of the failed examination] by filing an updated application and
1-11     paying an additional examination fee not to exceed $100.
1-12           SECTION 2. Section 24, Professional Land Surveying Practices
1-13     Act (Article 5282c, Vernon's Texas Civil Statutes), is amended by
1-14     amending Subsections (b)-(d) and adding Subsection (e) to read as
1-15     follows:
1-16           (b)  If, after an investigation of a complaint, the board
1-17     determines that a registrant or licensee did not violate this Act
1-18     or a rule or regulation of the board, the board shall expunge the
1-19     complaint from the records of the board.
1-20           (c)  If the board proposes to suspend or revoke a person's
1-21     certificate of registration or licensure, the person is entitled to
1-22     a hearing before the board or a hearings officer appointed by the
1-23     board.  The board shall prescribe procedures by which all decisions
1-24     to suspend or revoke are made by or are appealable to the board.
 2-1           (d) [(c)]  The board for reasons it may deem sufficient may
 2-2     reissue a certificate of registration or licensure to any surveyor
 2-3     whose certificate has been revoked provided six or more members
 2-4     vote in favor of the reissuance.  A new certificate of registration
 2-5     or licensure to replace a certificate revoked, lost, destroyed, or
 2-6     mutilated may be issued, subject to the rules of the board and a
 2-7     charge of $20.
 2-8           (e) [(d)]  The attorney general or his assistants shall act
 2-9     as legal advisor to the board and shall render such legal
2-10     assistance as may be necessary in enforcing the provisions of this
2-11     Act and the rules and regulations of the board.
2-12           SECTION 3. (a)  The change in law made by this Act to Section
2-13     16(e), Professional Land Surveying Practices Act (Article 5282c,
2-14     Vernon's Texas Civil Statutes), applies to a person who fails an
2-15     examination before, on, or after the effective date of this Act.
2-16           (b)  The change in law made by this Act to Section 24,
2-17     Professional Land Surveying Practices Act (Article 5282c, Vernon's
2-18     Texas Civil Statutes), applies to a complaint without regard to
2-19     whether the complaint was filed before, on, or after the effective
2-20     date of this Act.
2-21           SECTION 4.  This Act takes effect immediately if it receives
2-22     a vote of two-thirds of all the members elected to each house, as
2-23     provided by Section 39, Article III, Texas Constitution.  If this
2-24     Act does not receive the vote necessary for immediate effect, this
2-25     Act takes effect September 1, 2001.