HB2204 - Relating to the regulation of land surveyors by the Texas Board of Professional Engineers and Land Surveyors.

  89R21129 BEE-F     By: Bumgarner H.B. No. 2204     Substitute the following for H.B. No. 2204:     By:  Phelan C.S.H.B. No. 2204       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of land surveyors by the Texas Board of   Professional Engineers and Land Surveyors.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1001.216, Occupations Code, is amended   by adding Subsections (a-1) and (a-2) to read as follows:           (a-1)     The advisory committee appointed under Subsection (a)   may, on its own initiative or at the request of any interested   person, prepare a written report or recommendation to the board on   any surveying-related subject regulated by the board.           (a-2)     The advisory committee appointed under Subsection (a)   shall maintain a written public record of each subject discussed   and action taken at the committee's meetings.          SECTION 2.  Section 1001.601(a), Occupations Code, is   amended to read as follows:          (a)  On its own initiative or at the request of any   interested person, the board shall prepare a written advisory   opinion about:                (1)  an interpretation of this chapter or Chapter 1071 ;   or                (2)  the application of this chapter or Chapter 1071 to   a person in regard to a specified existing or hypothetical factual   situation.          SECTION 3.  Sections 1071.253(a) and (c), Occupations Code,   are amended to read as follows:          (a)  An applicant for a surveyor-in-training certificate   must:                (1)  have earned a bachelor of science degree in   surveying from an accredited institution of higher education;                (2)  have:                      (A)  earned a bachelor's degree from an accredited   institution of higher education that included at least 32 semester   hours in a combination of courses acceptable to the board in:                            (i)   land surveying [ civil engineering ];                            (ii)   civil engineering [ land surveying ];                            (iii)  mathematics;                            (iv)  photogrammetry;                            (v)  forestry;                            (vi)  land law; or                            (vii)  the physical sciences; and                      (B)  completed at least one year of experience   acceptable to the board in delegated responsible charge as a   subordinate to a registered professional land surveyor actively   engaged in professional surveying;                (3)  have:                      (A)  earned an associate degree in surveying from   an accredited institution of higher education; and                      (B)  completed at least two years of experience   acceptable to the board in delegated responsible charge as a   subordinate to a registered professional land surveyor actively   engaged in professional surveying;                (4)  have:                      (A)  successfully completed a course of   instruction consisting of 32 semester hours in land surveying or   the equivalent number of semester hours in board-approved courses   related to surveying; and                      (B)  completed at least two years of experience   acceptable to the board in delegated responsible charge as a   subordinate to a registered professional land surveyor actively   engaged in professional surveying; or                (5)  have:                      (A)  graduated from an accredited high school;                      (B)  completed at least four years of experience   acceptable to the board in delegated responsible charge as a   subordinate to a registered professional land surveyor actively   engaged in professional surveying; and                      (C)  provided evidence satisfactory to the board   that the applicant is self-educated in professional surveying.          (c)   On proof that an applicant meets the qualifications   prescribed by Subsection (a) and has passed the fundamentals of   surveying examination prescribed by the board under Section   1071.256, the [ The ] board shall issue a surveyor-in-training   certificate to the [ an ] applicant [ who passes the applicable parts   of the examination taken under Subsection (b) ]. The certificate is   valid for eight years.          SECTION 4.  Sections 1071.254(a) and (b), Occupations Code,   are amended to read as follows:          (a)  An applicant for registration as a registered   professional land surveyor must:                (1)  hold a certificate as a surveyor-in-training;                 (2)     have passed the principles and practice of   surveying examination prescribed by the board under Section   1071.256;                   (3)  [ (2) ]  have at least two years of experience   satisfactory to the board as a surveyor-in-training in performing   surveying in delegated responsible charge as a subordinate to a   surveyor registered or licensed to engage in the practice of   surveying in this state or in another state having registration or   licensing requirements equivalent to the requirements of this   state; and                 (4)  [ (3) ]  have earned an associate or bachelor's   degree from an accredited institution of higher education that   included at least 32 semester hours in a combination of courses   acceptable to the board in:                      (A)   land surveying [ civil engineering ];                      (B)   civil engineering [ land surveying ];                      (C)  mathematics;                      (D)  photogrammetry;                      (E)  forestry;                      (F)  land law; or                      (G)  the physical sciences.          (b)  An applicant is entitled to registration as a registered   professional land surveyor if the applicant meets the   qualifications prescribed by Subsection (a) and is approved to take   and passes the required sections of the Texas specific surveying   examination prescribed under Section 1071.256.          SECTION 5.  Section 1071.256, Occupations Code, is amended   by adding Subsections (a-1) and (b-1) and amending Subsection (b)   to read as follows:           (a-1)     The board by rule shall prescribe the fundamentals of   surveying examination required for an applicant for certification   as a surveyor-in-training under Section 1071.253.          (b)  The board by rule shall prescribe the principles and   practice of surveying examination required for an applicant for   registration as a registered professional land surveyor under   Section 1071.254 [ must be developed and given as provided by this   chapter under board rules designed ] to determine the knowledge and   ability of the applicant.           (b-1)     The board by rule shall prescribe the Texas specific   surveying examination required for an applicant for registration as   a registered professional land surveyor under Section 1071.254.          SECTION 6.  Section 1071.253(b), Occupations Code, is   repealed.          SECTION 7.  As soon as practicable after the effective date   of this Act, the Texas Board of Professional Engineers and Land   Surveyors shall adopt the rules necessary to implement the changes   in law made by this Act.          SECTION 8.  Sections 1071.253 and 1071.254, Occupations   Code, as amended by this Act, apply only to an application for,   respectively, a surveyor-in-training certificate or registration   as a registered professional land surveyor filed with the Texas   Board of Professional Engineers and Land Surveyors on or after the   effective date of this Act. An application filed before the   effective date of this Act is governed by the law in effect on the   date the application was filed, and the former law is continued in   effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2025.