TITLE 22. EXAMINING BOARDS

PART 29. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING

CHAPTER 661. GENERAL RULES OF PROCEDURES AND PRACTICES

SUBCHAPTER C. DEFINITIONS OF TERMS

22 TAC §661.31

The Texas Board of Professional Land Surveying (Board) adopts amendments to §661.31, concerning Definitions, with changes to the proposed text due to typographical errors as published in the February 17, 2017, issue of the Texas Register (42 TexReg 647) and will be republished.

The section defines terms used within chapter 661 and updates one of the terms to permit the use of technology when sealing land surveying documents.

The adopted amendment to paragraph (12), adds the word "electronic" to permissible seal designs in the definition of seals.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Occupations Code, §1071.151 which authorizes the Board to adopt and enforce reasonable and necessary rules.

§661.31.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--The Professional Land Surveying Practices Act and Amendment.

(2) Board seal--The seal of the Board shall be as authorized by the Board.

(3) Certificate of registration and certificate of licensure--A license to practice professional land surveying in Texas. A certificate of licensure is a license to practice state land surveying in Texas.

(4) Construction estimate--"construction estimate", as used in §1071.004 of the Act, means a depiction of a possible easement route for planning purposes.

(5) Contested case--A proceeding, including, but not restricted to, ratemaking and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the Board after an opportunity for adjudicative hearing.

(6) Direct supervision--To be able to recognize and respond to any problem that may arise; give instruction for the solution to a problem; give instructions for such research of adequate thoroughness to support collection of relevant data; the placement of all monuments; the preparation and delivery of all Documents.

(7) Firm--Any business entity including but not limited to a partnership, limited partnership, association, corporation, limited liability company, limited liability partnership and/or other entity conducting business under an assumed name.

(8) Offer of surveying services--Any form of advertisement which contains the firm contact information and offers land surveying services, including but not limited to verbal offer, hard copy, electronic web site, telephone listing, written proposal or other marketing materials.

(9) Renewal--The payment of a fee annually as set by the Board within the limits of the law for the certificate of registration or the certificate of licensure.

(10) Report--Survey drawing, written description, and/or separate narrative depicting the results of a land survey performed and conducted pursuant to this Act.

(11) Rule--Any Board statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Board. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the Board and not affecting the private rights or procedures.

(12) Seal--An embossed, stamped, or electronic design authorized by the Board that authenticates, confirms, or attests that a person is authorized to offer and practice land surveying services to the public in the State of Texas and has legal consequence when applied.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702838

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Effective date: August 20, 2017

Proposal publication date: February 17, 2017

For further information, please call: (512) 239-5263


CHAPTER 663. STANDARDS OF PROFESSIONAL RESPONSIBILITY AND RULES OF CONDUCT

SUBCHAPTER B. PROFESSIONAL AND TECHNICAL STANDARDS

22 TAC §663.13

The Texas Board of Professional Land Surveying (Board) adopts an amendment to §663.13, concerning Introduction, with changes to the proposed text as published in the February 17, 2017, issue of the Texas Register (42 TexReg 648). The text of the rule is republished below.

The adopted amendment to §663.13 corrects a reference to a rule number that was changed in a prior rule revision. The correct rule reference should be to §663.20, concerning Subdivision Plats and not §663.16, concerning Boundary Construction.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Occupations Code, §1071.151 which authorizes the Board to adopt and enforce reasonable and necessary rules.

§663.13.Introduction.

The Board establishes these minimum standards of practice to better serve the general public in regulating the practice of professional land surveying in Texas. Professional land surveying performed in Texas, unless otherwise specifically exempted herein, shall meet or exceed the requirements of these standards. The Board considers any survey, the purpose of which is to delineate, segregate, separate, or partition any interest in real property of any kind, under these standards except when prepared pursuant to §663.20 of this title (relating to Subdivision Plat).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702844

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Effective date: August 20, 2017

Proposal publication date: February 17, 2017

For further information, please call: (512) 239-5263


22 TAC §663.16

The Texas Board of Professional Land Surveying (Board) adopts the amendment to §663.16, concerning Boundary Construction with changes to the proposed text as published in the February 17, 2017, issue of the Texas Register (42 TexReg 648) and will be republished.

The adopted amendment to §663.16, paragraph (3), adds new subparagraph (D). This language was in rule §663.19, subsection (f) but is more appropriately located in §663.16. The new subparagraph (3)(D) addresses citing adjoining boundaries in the land surveyor's drawing and prepared description, if appropriate.

Four comments were received regarding the adoption of the amendment. Concerns were raised that the new language could be interpreted as constituting a certification by a surveyor that the boundaries of two tracts were adjoining even though the adjoining property had not been surveyed to confirm this. Concerns were also raised that by removing the existing language in §663.19(f), surveyors would presume that they would not have to perform research on adjoining properties. The intent of the language is for surveyors to provide information regarding research the surveyor had done on the adjoining property, not to cite the new language as grounds for not having performed research on adjoin property.

The amendment is adopted under Texas Occupations Code, §1071.151 which authorizes the Board to adopt and enforce reasonable and necessary rules.

§663.16.Boundary Construction.

When delineating a boundary line as an integral portion of a survey, the land surveyor shall:

(1) Respect junior/senior rights for boundary retracement;

(2) Follow the footsteps of the original land surveyor;

(3) Follow the documented records of the land title affecting the boundaries being surveyed;

(A) Rely on the appropriate deeds and/or other documents including those for adjoining parcels for the location of the boundaries of the subject parcel(s).

(B) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for such research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed. The land surveyor may rely on record data related to the determination of boundaries furnished for the registrants' use by a qualified provider, provided the registrant reasonably believes such data to be sufficient and notes, references, or credits the documentation by which it is furnished.

(C) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the land surveyor's opinion of the boundary location shall be supported by other appropriate physical evidence, which shall be explained in a land surveyor's sketch or written report.

(D) Shall review the record instruments that identify the adjacent properties researched to prepare the boundary and cite the record instruments on the drawing.

(4) Follow the intent of the boundary location as evidenced by the record;

(5) Respect the proper application of the rules of dignity (priority) of calls, and applicable statutory and case law of Texas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702843

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Effective date: August 20, 2017

Proposal publication date: February 17, 2017

For further information, please call: (512) 239-5263


22 TAC §663.18

The Texas Board of Professional Land Surveying (Board) adopts the amendments to §663.18, concerning Certification, without changes to the proposed text as published in the February 17, 2017, issue of the Texas Register (42 TexReg 648). The text of the rule will not be republished.

The adopted amendment to §663.18 added a new subsection (b), which permits the use of electronic signatures on survey drawings when certain conditions are met. Due to the addition of the new subsection, existing subsections following the adopted new subsection were re-lettered accordingly.

Four comments received were all in favor of this amendment. One comment raised concern that the term "verifiable" was not defined and therefore left open to interpretation. All surveys have to be verifiable so this requirement is no different than what is currently required of a surveyor.

The amendment is adopted under Texas Occupations Code, §1071.151 which authorizes the Board to adopt and enforce reasonable and necessary rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702842

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Effective date: August 20, 2017

Proposal publication date: February 17, 2017

For further information, please call: (512) 239-5263


22 TAC §663.19

The Texas Board of Professional Land Surveying (Board) adopts the amendments to §663.19, concerning Survey Drawing/Written Description/Report, without changes to the proposed text as published in the February 17, 2017, issue of the Texas Register (42 TexReg 649). The text of the rule will not be republished.

The adopted amendment removed subsection (f). The language was moved to §663.16(3) as new subparagraph (D). This new location is more appropriate because it pertains to boundary location. The subsections that followed the deleted subsection were re-lettered.

There was one public comment that raised concern over the language used to describe the change in the preamble. The commenter noted that the language was not being moved to §663.16 from §663.19. Rather, the language was different by no longer requiring that adjoiner be shown on the survey plat in all cases and they were opposed to the change. The intent behind the new language is to require surveyors to show their research by providing information on what had been done concerning adjoining properties.

The amendment is adopted under Texas Occupations Code, §1071.151 which authorizes the Board to adopt and enforce reasonable and necessary rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702841

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Effective date: August 20, 2017

Proposal publication date: February 17, 2017

For further information, please call: (512) 239-5263