HBA-ALS H.B. 1328 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1328 By: Uher Licensing & Administrative Procedures 3/23/1999 Introduced BACKGROUND AND PURPOSE Currently, professional land surveyors are regulated by the Texas Board of Professional Land Surveyors under the provisions of the Professional Land Surveying Practices Act. H.B. 1328 includes mapping within the definition of "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. This bill also provides for minimum continuing education requirements necessary to practice as a registered professional land surveyor; authorizes the board to use volunteer investigators who are granted immunity from liability while performing an investigation; 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 (board) in SECTION 2 (Section 9(a), Professional Land Surveying Practices Act, Article 5282c, V.T.C.S.) of this bill. It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Board of Professional Land Surveying (board) is modified in SECTION 4 (Section 17(d), Professional Land Surveying Practices Act, Article 5282c, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2(1), Professional Land Surveying Practices Act, Article 5282c, V.T.C.S., to include mapping within the definition of "professional surveying." SECTION 2. Amends Section 9(a), Professional Land Surveying Practices Act, Article 5282c, V.T.C.S., to require the Texas Board of Professional Land Surveying (board) to prescribe standards, by rule, for compliance with Subchapter A, Chapter 2254, Government Code (Professional and Consulting Services), regarding professional surveying. Makes nonsubstantive changes. SECTION 3. Amends Section 16(a), Professional Land Surveying Practices Act, Article 5282c, V.T.C.S., to require that an application fee in an amount determined by the board, rather than an amount not to exceed $100, be submitted with a certification application. Makes conforming changes. SECTION 4. Amends Section 17(d), Professional Land Surveying Practices Act, Article 5282c, V.T.C.S., to require the board to establish a rule specifying the number of hours per year of continuing professional education courses required for renewal of registration to practice as a registered professional land surveyor, which may not be less than eight hours. Deletes language requiring the board to establish a rule providing that the continuing professional education requirement may be met by completing no more than eight hours of professional development courses or programs during any annual period. Deletes language providing that the requirements of this subsection are not applicable to registrants who are registered professional engineers until December 31, 1995. Makes nonsubstantive changes. SECTION 5. Amends Section 24, Professional Land Surveying Practices Act, Article 5282c, V.T.C.S., to authorize the board to use volunteer services in performing investigations. Provides that a volunteer is immune from civil or criminal liability arising from an act or omission while performing an investigation, unless the person acted in bad faith or with malice. Requires the board to expunge a complaint from the registrant's or licensee's file if the board determines after investigating a complaint that the registrant or licensee did not violate this Act, a board rule, or a board regulation. Redesignates existing Subsections (c) and (d) to Subsections (d) and (e), respectively. SECTION 6. Emergency clause. Effective date: upon passage.