BILL ANALYSIS
Senate Research Center H.B. 1411
81R7149 YDB-F By: Jones (Carona)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, land surveyors in Texas are regulated by the Texas Board of Professional Land Surveying (TBLS). Under current law, a frivolous complaint against a registered professional land surveyor brought before TBLS is public information, except that a license holder's name and other personal information is redacted.
The provisions of H.B. 1411 ensures that frivolous complaints against land surveyors are not part of the public record in the same manner that such complaints against professional engineers are not part of the public record.
H.B. 1411 amends Section 1071.204, Occupations Code, to provide that, with respect to any complaint filed with the Texas Board of Professional Land Surveying against a licensed professional land surveyor that is determined to be frivolous or without merit, the complaint and other enforcement information related to the complaint are confidential.
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 1071.204(e), Occupations Code, to provide that for any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. Authorizes the information to be used only by the Texas Board of Professional Land Surveying or by its employees or agents directly involved in the enforcement process for that complaint. Provides that the information is not subject to discovery, subpoena, or other disclosure. Deletes existing text providing that a frivolous complaint is public information, except that the license holder's name and other personal information is required to be redacted.
SECTION 2. Effective date: upon passage or September 1, 2009.