HBA-ALS C.S.H.B. 1328 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1328 By: Uher Licensing & Administrative Procedures 4/8/1999 Committee Report (Substituted) 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. C.S.H.B. 1328 deletes mapping from 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. C.S.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 delete mapping within the definition of "professional surveying," which had been in the original bill. Makes conforming changes. SECTION 2. Amends Section 9(a), Article 5282c, V.T.C.S., (Professional Land Surveying Practices Act), by adding the provision that a surveyor registered or licensed under this Act who performs mapping services is subject to regulation by the Texas Board of Professional Land Surveying (board) as necessary to protect the public interest. Requires the board to prescribe standards, by rule, for compliance with Subchapter A, Chapter 2254, Government Code (Professional and Consulting Services), 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 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 24, Article 5282c, V.T.C.S., (Professional Land Surveying Practices Act), by requiring 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. Provides that the complaint, and any information obtained by the board in the investigation of the complaint, is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code. Makes conforming changes. SECTION 5. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 1 (Section 2(1), Article 5282c, V.T.C.S., (Professional Land Surveying Practices Act)), by modifying the definition of "professional surveying," by deleting the proposed addition of the word "mapping." This substitute differs from the original bill in SECTION 2 (Section 9(a), Article 5282c, V.T.C.S., (Professional Land Surveying Practices Act)), by adding the provision that a surveyor registered or licensed under this Act who performs mapping services is subject to regulation by the Texas Board of Professional Land Surveying (board) as necessary to protect the public interest. SECTION 4. Redesignated from SECTION 5 in the original, and deletes proposed text authorizing the board to use the services of volunteers in performing investigations, and that provides that a volunteer is immune from civil or criminal liability arising from an act of omission in the course of performing an investigation unless the person acted in bad faith or with malice. SECTION 4 of the original bill is deleted. SECTION 5 is redesignated from SECTION 6 of the original.