HBA-MPA, EVB, ALS H.B. 1328 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1328 By: Uher Licensing & Administrative Procedures 7/12/1999 Enrolled BACKGROUND AND PURPOSE Professional land surveyors are regulated by the Texas Board of Professional Land Surveying under the provisions of the Professional Land Surveying Practices Act (Act). H.B. 1328 redefines "professional surveying"; delegates the Texas Board of Professional Land Surveying (board) rulemaking authority to prescribe standards for professional surveying; and requires the board to determine the amount of application and licensing fees. H.B. 1328 also deletes the provision for minimum continuing education requirements necessary to practice as a registered professional land surveyor; deletes the authorization of the board to use volunteer investigators; requires the board to expunge a complaint if it finds no violation of the Act; and deems a complaint and information obtained during an investigation as confidential and not subject to disclosure. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly granted to the Texas Board of Professional Land Surveying in SECTION 2 (Section 9(a), Article 5282c, V.T.C.S. (Professional Land Surveying Practices Act)), of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2(1), Article 5282c, V.T.C.S. (Professional Land Surveying Practices Act), to redefine "professional surveying." Makes conforming changes. SECTION 2. Amends Section 9(a), Article 5282c, V.T.C.S. (Professional Land Surveying Practices Act), to require the Texas Board of Professional Land Surveying (board) to prescribe standards, by rule, for compliance with Subchapter A (Professional Services), Chapter 2254, Government Code, regarding professional surveying. Makes a nonsubstantive change. SECTION 3. Amends Section 16(a), Article 5282c, V.T.C.S. (Professional Land Surveying Practices Act), to require an application fee in an amount determined by the board, rather than an amount not to exceed $100, to be submitted with a certification application. Makes conforming changes. SECTION 4. Emergency clause. Effective date: upon passage.