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) proposes amendments to §661.31, concerning Definitions. The proposed amendment to paragraph (12), adds the word "electronic" to permissible seal designs in the definition of seals.

Marcelino A. Estrada, Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no additional cost to state or local governments as a result of enforcing or administering the amended section.

Mr. Estrada has determined that for each year of the first five-year period the rule is in effect there will be no local employment impact as a result of adoption of the proposed rule.

Mr. Estrada has determine that for each of the first five years the rule is in effect, the anticipated public benefit will be that the Board's rules will be more consistent and precise. Mr. Estrada has determined that there will be no economic cost to individuals required to be subject to the rule. Mr. Estrada has determined that there will be no measurable effect on small businesses and micro-businesses. There is no anticipated difference in cost of compliance between small and large businesses.

The Board invites comments on the proposal from any member of the public. A written statement should be submitted to Marcelino A. Estrada, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A., Ste. 156, MC-230, Austin, Texas 78753. Comments may also be submitted electronically to tony.estrada@txls.texas.gov or faxed to (512) 239-5253.

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

No other statutes, articles or codes are affected by this proposal.

§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) - (11) (No change.)

(12) Seal--An embossed, [or] 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 proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 30, 2017.

TRD-201700419

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Earliest possible date of adoption: March 19, 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, 663.16, 663.18

The Texas Board of Professional Land Surveying (Board) proposes amendments to §663.13, concerning Introduction, §663.16, concerning Boundary Construction, and §663.18, concerning Certification.

The proposed 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 Descriptions for Political Subdivisions and not §663.16, concerning Boundary Construction.

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

The proposed amendment to §663.18 adds 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 proposed new subsection are re-lettered accordingly.

Marcelino A. Estrada, Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no additional cost to state or local governments as a result of enforcing or administering the amended section.

Mr. Estrada has determined that for each year of the first five-year period the rule is in effect there will be no local employment impact as a result of adoption of the proposed rule.

Mr. Estrada has determine that for each of the first five years the rule is in effect, the anticipated public benefit will be that the Board's rules will be more consistent and precise. Mr. Estrada has determined that there will be no economic cost to individuals required to be subject to the rule. Mr. Estrada has determined that there will be no measurable effect on small businesses and micro-businesses. There is no anticipated difference in cost of compliance between small and large businesses.

The Board invites comments on the proposed amendments from any member of the public. A written statement should be submitted to Marcelino A. Estrada, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A., Ste. 156, MC-230, Austin, Texas 78753. Comments may also be submitted electronically to tony.estrada@txls.texas.gov or faxed to (512) 239-5253.

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

No other statutes, articles or codes are affected by this proposal.

§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 [§663.16] of this title (relating to Descriptions for Political Subdivisions [Boundary Construction]).

§663.16.Boundary Construction.

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

(1) - (2) (No change.)

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

(A) - (C) (No change.)

(D) Shall review the record instrument that defines the location of the adjoining boundaries and if appropriate to the chain of title of the tract being surveyed, cite the record instrument on the drawing and prepared description.

(4) - (5) (No change.)

§663.18.Certification.

(a) (No change.)

(b) An electronic seal and signature are permitted to be used in lieu of an original seal and signature when the following criteria, and all other requirements of the General Rules of Procedures and Practices are met:

(1) It is a unique identification of the professional;

(2) It is verifiable; and

(3) It is under the professional's direct control.

(c) [(b)] If the land surveyor certifies, or otherwise indicates, that his/her product or service meets a standard of practice in addition to that promulgated by the Texas Board of Professional Land Surveying, then the failure to so meet both standards may be considered by the Board, for disciplinary purposes, to be misleading the public.

(d) [(c)] Preliminary documents released from a land surveyor's control shall identify the purpose of the document, the land surveyor of record and the land surveyor's registration number, and the release date. Such preliminary documents shall not be signed or sealed and shall bear the following statement in the signature space or upon the face of the document: "Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document". Preliminary documents released from the land surveyor's control which include this text in place of the land surveyor's signature need not comply with the other minimum standards promulgated in this chapter.

(e) [(d)] A land surveyor shall certify only to factual information that the land surveyor has knowledge of or to information within his professional expertise as a land surveyor unless otherwise qualified.

(f) [(e)] Registered professional land surveyors may certify, using the registrant's signature and official seal, services which are not within the definition of professional land surveying as defined in the Act, provided that such certification does not violate any Texas or federal law.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 30, 2017.

TRD-201700421

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Earliest possible date of adoption: March 19, 2017

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


22 TAC §663.19

The Texas Board of Professional Land Surveying (Board) proposes amendments to §663.19, concerning Survey Drawing/Written Description/Report. The proposed amendment removes subsection (f). The language is moved to §663.16(3) as new subparagraph (D). This new location is more appropriate because it pertains to boundary location. The subsections that follow the proposed removed subsection would be re-lettered.

Marcelino A. Estrada, Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no additional cost to state or local governments as a result of enforcing or administering the amended section.

Mr. Estrada has determined that for each year of the first five-year period the rule is in effect there will be no local employment impact as a result of adoption of the proposed rule.

Mr. Estrada has determine that for each of the first five years the rule is in effect, the anticipated public benefit will be that the Board's rules will be more consistent and precise. Mr. Estrada has determined that there will be no economic cost to individuals required to be subject to the rule. Mr. Estrada has determined that there will be no measurable effect on small businesses and micro-businesses. There is no anticipated difference in cost of compliance between small and large businesses.

The Board invites comments on the proposal from any member of the public. A written statement should be submitted to Marcelino A. Estrada, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A., Ste. 156, MC-230, Austin, Texas 78753. Comments may also be submitted electronically to tony.estrada@txls.texas.gov or faxed to (512) 239-5253.

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

No other statutes, articles or codes are affected by this proposal.

§663.19.Survey Drawing/Written[ /]Description/Report.

(a) - (e) (No change.)

[(f) A reference shall be cited on the drawing and prepared description, to the record instrument that defines the location of adjoining boundaries.]

(f) [(g)] If any report consists of more than one part, each part shall note the existence of the other part or parts.

(g) [(h)] If a land surveyor provides a written narrative in lieu of a drawing/sketch to report the results of a survey, the written narrative shall contain sufficient information to demonstrate the survey was conducted in compliance with the Act and rules of the Board

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 30, 2017.

TRD-201700420

Tony Estrada

Executive Director

Texas Board of Professional Land Surveying

Earliest possible date of adoption: March 19, 2017

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