Texas Board of Professional Land Surveying

Board Members Raul Wong, Chair (RPLS) David Dewhurst (GLO Commissioner) Jerry M. Goodson (LSLS) Steven C. Hofer (Public) Daniel E. Martinez (RPLS) C. B. (Ben) Thomson, GLO Director of Surveying September 2001 Newsletter Kelley Neumann (Public) A.W. (Art) Osborn (RPLS) Robert L. Pounds (LSLS) Douglas W. Turner (RPLS) Joan White (Public) Sandy Smith, Executive Director

NEW RULES 661.60. Responsibility to the Board. (a) A registrant/licensee/SIT whose registration/license/certification is current or has expired but is renewable under the Texas Professional Land Surveying Practices Act and Board rules, is subject to all provisions of the Act and Board rules. A registrant/licensee/SIT shall respond fully and truthfully to all Board inquiries and furnish all maps, plats, surveys or other information or documentation requested by the Board within 30 days of such registrant's, licensee's or SIT's receipt of a Board inquiry or request concerning matters under the jurisdiction of the Board. An inquiry or request shall be deemed received on the earlier of: (1) the date actually received as reflected by a delivery receipt from the United States Postal Service or a private courier or (2) two days after the Board request or inquiry is deposited in a postage paid envelope in the United States Mail addressed to the registrant, licensee or SIT at his/her last address reflected on the records of the Board. (b) Any registrant, licensee or SIT subject to Board decisions or orders shall fully comply with the final decisions and orders within any time periods which might be specified in such decisions or orders. Failure to timely, fully and truthfully respond to Board inquiries, failure to furnish requested information, or failure to timely and fully comply with Board decisions and orders, shall constitute separate offenses or misconduct subject to such penalties as may be imposed by the Board as provided under the Act. 661.97. Action in Another Jurisdiction. Any disciplinary action taken in another jurisdiction on a matter which would constitute a violation of the Texas Professional Land Surveying Practices Act or Board rules shall be sufficient cause for disciplinary action by this Board. An authenticated copy of the order, adjudication, decision, or evidence of other final action by or on behalf of the regulatory authority in another jurisdiction which serves substantially the same function as the Board, shall be conclusive evidence of such violation, and shall be sufficient to support disciplinary action in this state. PROPOSED RULE 663.18 (c) Preliminary documents released from a surveyors control shall identify the purpose of the document, the surveyor of record and the surveyors registration number, and the release date by placing the following text instead of a seal: "This document is released for the purpose of (Examples: interim review, mark-up, drafting) under the authority of (Example: Leslie H. Doe, RPLS 0033) on (date). It is not to be used for (Examples: recording, construction, bidding, permit) purposes. This document is not to be relied upon as a complete survey and shall not be recorded." CHANGES TO THE ACT Section 16 (e) of the Professional Land Surveying Practices Act was amended to allow applicants to take the examination every six months. (e) An applicant who fails an examination may apply to take a subsequent examination by filing an updated application and paying an additional examination fee not to exceed $100. The Appropriation Bill set the examination fee at $125.

AG OPINION The Board recently asked for an Attorney Generals Opinion regarding whether a Registered Professional Land Surveyor may provide a competitive bid to the primary contractor of a contract with a governmental entity. A summary of the opinion follows. A complete discussion of the question can be found on the Boards web site under News and Newsletters. If a governmental entity's contract with a prime contractor requires professional services, either expressly or in fact, then the governmental entity has entered into a contract that includes professional services as a component part and the contract is subject to the Professional Services Procurement Act, Tex. Gov't Code Ann. ch. 2254, subch. A (Vernon 2000). Assuming that the intent of the Texas Board of Professional Land Surveying's competitive-bidding rule is to mirror the Act's prohibitions, then the rule prohibits a surveyor from submitting competitive bids to a prime contractor in connection with a governmental contract, at either the planning and design or construction phase of a project. Although the Professional Services Procurement Act does not obligate a professional to determine whether a contract is subject to the Act's prohibition against competitive bidding, a contract or arrangement entered into in violation of the Act is expressly made "void as against public policy" bys section 2254.005. See id. 2254.005. LEGAL, ANALYTICAL AND RECIPROCAL EXAMINATIONS The Board administered the Legal, Analytical and Reciprocal Exams in April 2001. A total of 58 candidates sat for the Legal Examination (total scored items = 95). Sixty-four percent (37/58) of the candidates passed the Legal Examination. A total of 63 candidates took the Analytical Examination (total scored items = 16). Fortysix percent passed the Analytical Examination (29/63). Fourteen candidates sat for the Reciprocal Examination (total scored items = 39). Twenty-one percent (3/14) passed the Reciprocal Examination. 2002 RENEWAL The Board reviewed a summary of projected revenue and expenditures and determined that a 2002 renewal fee of $145 would be sufficient to collect revenue needed. Individuals who wish to renew a registration after December 31, 2001 will be required to complete an Affidavit regarding any surveying practiced between January 1 and the date the Board can accept the renewal fee. Registrations expire if not renewed before December 31, 2001. If you have not renewed your registration, any surveying practiced after January 1, 2002 is in violation of the Act and subject to disciplinary action and penalty fees of $1,500 per violation. ADDRESS CHANGES In order to speed delivery of Renewal Forms and Pocket Cards, please make all address changes prior to November 1. WEB SITE The Web site now contains scheduled Board Meetings, Agendas and approved minutes.

Fiscal Year 2000 Complaints # Date Date 00 Rec'd Res'l 1 09-02-99 10-28-99 2 09-15-99 10-28-99 3 09-22-99 12-02-99 4 09-23-99 02-04-00 5 10-01-99 02-04-00 6 10-04-99 02-04-00 7 10-14-99 02-04-00 8 9 10 11 10-12-99 11-22-99 11-29-99 12-02-99 02-04-00 02-04-00 04-05-00 02-04-00

Result Dismiss Dismiss Dismiss Dismiss AVC REV/REIN AVC Dismiss Dismiss Dismiss Dismiss

Fiscal Year 2001 Complaints # Date Date 01 Rec'd Res'l 1 09-11-00 10-18-00 2 09-18-00 12-08-00 3 09-18-00 12-08-00 4 09-20-00 12-08-00 5 10-09-00 12-08-00 6 10-09-00 12-08-00 7 10-09-00 12-08-00 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 10-09-00 10-11-00 10-11-00 11-06-00 10-30-00 11-01-00 09-18-00 11-21-01 11-21-01 12-01-00 12-04-00 12-13-00 01-03-01 01-12-01 12-08-00 01-26-01 01-26-01 01-29-01 04-06-01 04-06-01 04-06-01 04-24-01 05-04-01 05-07-01 05-07-01 05-14-01 05-22-01 05-29-01 06-13-01 06-20-01 06-21-01 06-28-01 06-28-01 07-9-01 07-09-01 07-09-01 07-19-01 07-20-01 07-16-01 07-30-01 08-03-01 08-03-01 07-26-01 07-26-01 12-08-00 04-06-01 04-06-01 06-07-01 07-26-01 02-09-01 12-08-00 02-09-01 02-09-01 04-06-01 07-18-01 04-06-01 06-07-01 04-06-01 02-09-01 04-06-01 04-06-01 04-06-01

Result REP Dismiss Dismiss Close Dismiss Dismiss Dismiss Dismiss Dismiss Dismiss Dismiss REP/3000 Dismiss Close Corr Dismiss Dismiss AVC REP/3000 Dismiss AVC/500 Dismiss Close/3000 Close Dismiss Close

12 12-02-99 12-02-99 AVC 13 12-23-99 05-05-00 Dismiss 14 01-05-00 05-05-00 AVC/2500 15 01-17-00 05-5-00 Dismiss 16 01-28-00 05-05-00 Dismiss 17 02-14-00 05-05-00 REP 18 02-22-00 07-28-00 Dismiss 19 02-04-00 04-05-00 AVC 20 Number not used 21 02-04-00 05-05-00 AVC/1000 22 03-08-00 07-28-00 Dismiss 23 03-13-00 07-28-00 Dismiss 24 03-17-00 02-09-01 Dismiss 25 03-31-00 07-28-00 Dismiss 26 04-05-00 02-09-01 SURR 27 05-03-00 10-18-00 REP/1000 28 05-03-00 09-20-00 Dismiss 29 05-03-00 09-20-00 Dismiss 30 05-22-00 09-20-00 Dismiss 31 05-22-00 10-18-00 REP/1000 32 05-25-00 09-20-00 Dismiss 33 05-31-00 02-09-01 Dismiss 34 06-22-00 02-09-01 Close 35 06-22-00 02-09-01 AVC 36 06-08-00 02-09-01 AVC 37 07-07-00 09-20-00 Dismiss 38 07-11-00 09-20-00 Dismiss 39 07-13-00 09-20-00 Dismiss 40 07-17-00 09-20-00 Dismiss 41 07-19-00 10-18-00 Dismiss 42 07-20-00 02-09-01 AVC 43 07-28-00 09-20-00 Dismiss 44 08-07-00 10-18-00 Dismiss 45 08-09-00 10-18-00 Dismiss 46 07-28-00 09-20-00 Dismiss 47 07-28-00 12-08-00 AVC 48 07-28-00 09-20-00 Dismiss REP = Reprimand REV/REIN = Revoked/Reinstated = Assurance of Voluntary Compliance AVC CORR = Corrected Work / = Indicates amount of penalty fee paid SURR = Surrendered Registration

07-26-01

Dismiss

INVESTIGATOR The Legislature gave the Board the authority to hire an Investigator. The Board is currently considering how to best structure the position. The Board is reviewing the possibility of hiring one full-time investigator who would work out of the Austin office or two half time investigators, one located in North Texas (possibly in Dallas and willing to travel to El Paso) to investigate complaints in that area and one located in South Texas (possibly in Houston and willing to travel to the Valley) to investigate complaints in that area. The part time position would require individuals to work from their homes. Travel expenses would be reimbursed at the state rate. The Board was granted a starting salary of $31,000 a year. If the part time structure is selected salary and benefits would be split. If you are interested, forward an application and resume to the Board. You may download the State Application Form from www.twc.state.tx.us/jobs/gvjb/gvjb Send applications to: Texas Board of Professional Land Surveying 7701 North Lamar, Suite 400 Austin, Texas 78752 Experience and Education Registered Professional Land Surveyor preferred. Experience in investigative and examination work preferred. Graduation from an accredited four-year college or university with major course work in the related field of assignment is generally preferred. Experience and education may be substituted for one another. Knowledge, Skills, and Abilities Knowledge of investigative, surveying, inspection, and examination principles, techniques, and procedures; laws governing the activities regulated by the Texas Board of Professional Land Surveying; and of court procedures, practices, and rules of evidence.