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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of professional |
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surveying; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1071.256(a), Occupations Code, is |
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amended to read as follows: |
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(a) The board shall prescribe the scope of the written |
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examination and examination procedures with special reference to |
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the applicant's ability in order to protect the public safety, |
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welfare, and property rights. The written examination may be |
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administered electronically. |
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SECTION 2. Subchapter I, Chapter 1071, Occupations Code, is |
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amended by adding Section 1071.406 to read as follows: |
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Sec. 1071.406. TEMPORARY SUSPENSION. (a) The presiding |
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officer of the board shall appoint a disciplinary panel consisting |
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of three board members to determine whether a person's license or |
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certificate of registration to practice under this chapter should |
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be temporarily suspended. |
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(b) If the disciplinary panel determines from the |
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information presented to the panel that a person licensed or |
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registered to practice under this chapter would, by the person's |
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continued practice, constitute a continuing threat to the public |
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welfare, the panel shall temporarily suspend the license or |
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certificate of registration of that person. |
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(c) A license or certificate of registration may be |
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suspended under this section without notice or hearing on the |
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complaint if: |
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(1) institution of proceedings for a contested case |
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hearing is initiated simultaneously with the temporary suspension; |
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and |
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(2) a hearing is held under Chapter 2001, Government |
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Code, and this chapter as soon as possible. |
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(d) A temporary suspension under this section expires on the |
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46th day after the date the temporary suspension is imposed if the |
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board has not scheduled a hearing to take place before that date or |
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if, at the board's request, the hearing is continued beyond the 45th |
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day after the date the suspension is imposed. |
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(e) Notwithstanding Chapter 551, Government Code, the |
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disciplinary panel may hold a meeting by telephone conference call |
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if immediate action is required and convening the panel at one |
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location is inconvenient for any member of the panel. |
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SECTION 3. Section 1071.452(a), Occupations Code, is |
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amended to read as follows: |
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(a) The amount of an administrative penalty may not exceed: |
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(1) $1,500 for each violation; or |
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(2) $25,000 for multiple violations in a single case |
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of a single provision of this chapter or of a rule or order adopted |
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under this chapter. |
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SECTION 4. Subchapter K, Chapter 1071, Occupations Code, is |
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amended by adding Section 1071.5035 to read as follows: |
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Sec. 1071.5035. CIVIL PENALTY: ENGAGING IN ACTIVITY WITHOUT |
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LICENSE OR REGISTRATION. (a) A person who does not hold a license |
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or certificate of registration to practice and receives |
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consideration for engaging in activity for which a person is |
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required to hold a license or certificate of registration under |
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this chapter is liable for a civil penalty. |
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(b) The amount of a civil penalty under this section may not |
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be less than an amount equal to the value of the consideration |
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received by the person or more than three times that amount. |
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(c) At the request of the board, the attorney general or a |
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district or county attorney may bring an action in district court to |
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recover a civil penalty under this section. |
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(d) A civil penalty collected under this section shall be |
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sent to the comptroller for deposit in the general revenue fund. |
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SECTION 5. Section 1071.452(a), Occupations Code, as |
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amended by this Act, applies only to a violation that occurs on or |
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after the effective date of this Act. A violation that occurs |
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before that date is governed by the law in effect on the date the |
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violation occurred, and the former law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2013. |