This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1454

                                                                                                                                   By: Wentworth

                                                                                                                        Business & Commerce

                                                                                                                                              4/2/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The practice of professional surveying is regulated by the Professional Land Surveying Practices Act (Act), Chapter 1071, Occupations Code.  The Act defines "professional surveying" as the practice of land, boundary, or property surveying or other similar professional practices.  Additionally, Section 1071.002(6), Occupations Code, identifies specific activities, such as mapping and providing expert testimony, which are included in the definition of professional surveying. 

 

Surveyors routinely acquire survey data and prepare technical reports in connection with other surveying activities.  However, the acquisition of survey data and the preparation of technical reports are not specifically identified as the practice of professional surveying in the Act.  As a result, it is unclear whether the Texas Board of Professional Land Surveying (board) has the authority to regulate the acquisition of survey data and the preparation of technical reports when performed by a registered professional land surveyor in connection with property surveying or other similar professional practices.

 

S.B. 1454 clarifies that the practice of "professional surveying" includes the acquisition of survey data and the preparation of technical reports when performed in connection with other regulated acts.  This clarification allows the board to regulate those activities as necessary to protect the public.

 

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 Subdivision 6, Section 1071.002, Occupations Code, to redefine "professional surveying."

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.