reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.51 - General Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  safeguard, life, health and property, to promote the public welfare, and to
				  establish and maintain a high standard of integrity and practice, the rules
				  relating to professional conduct in this title shall be binding on every person
				  holding a license authorized to offer or perform engineering services in
				  Texas.
(b) License holders having
				  knowledge of any alleged violation of the Act and/or board rules shall
				  cooperate with the board in furnishing such information or assistance as may be
				  required.
(c) A license holder
				  shall respond to the board in writing to all written requests for information
				  regarding all inquiries under the jurisdiction of the board within 21 days of
				  receipt or by the date specified in board correspondence. A license holder
				  shall fully comply with final decisions and orders of the board. Failure to
				  comply with these matters will constitute a separate offense of misconduct and
				  will subject the license holder to any of the penalties provided under §
				  1001.451(2), (3), or (4) and § 1001.502 of the Act.
(d) Any license holder who directly or
				  indirectly enters into any contract, arrangement, plan, or scheme with any
				  person, firm, partnership, association, or corporation or other business entity
				  which in any manner results in a violation of §
										137.77
				  of this title (relating to Firm Registration Compliance) shall be subject to
				  legal and disciplinary actions available to the board. Professional engineers
				  shall perform or directly supervise the engineering work of any subordinates as
				  characterized in §
										131.81(10)
				  of this title (relating to Definitions). Under no circumstances shall engineers
				  work in a part-time arrangement with a firm not otherwise in full compliance
				  with §
										137.77
				  of this title in a manner that could enable such firm to offer or perform
				  professional engineering services.
(e) A licensed professional engineer may
				  offer or perform engineering services on a full or part-time basis as a firm
				  (including a sole practitioner) or other business entity if registered pursuant
				  to the requirements of Chapter 135 of this title (relating to Firm
				  Registration).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.53 - Engineer Standards of Compliance with Professional Services Procurement Act

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				  engineer shall not submit or request, orally or in writing, a competitive bid
				  to perform professional engineering services for a governmental entity unless
				  specifically authorized by state law and shall report to the board any requests
				  from governmental entities and/or their representatives that request a bid or
				  cost and/or pricing information or any other information from which pricing or
				  cost can be derived prior to selection based on demonstrated competence and
				  qualifications to perform the services.
(b) For the purposes of this section,
				  competitive bidding to perform engineering services includes, but is not
				  limited to, the submission of any monetary cost information in the initial step
				  of selecting qualified engineers. Cost information or other information from
				  which cost can be derived must not be submitted until the second step of
				  negotiating a contract at a fair and reasonable cost.
(c) This section does not prohibit
				  competitive bidding in the private sector.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.55 - Engineers Shall Protect the Public

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Engineers shall be entrusted to protect the health, safety, property, and
				  welfare of the public in the practice of their profession. The public as used
				  in this section and other rules is defined as any individual(s), client(s),
				  business or public entities, or any member of the general population whose
				  normal course of life might reasonably include an interaction of any sort with
				  the engineering work of the license holder.
(b) Engineers shall not perform any
				  engineering function which, when measured by generally accepted engineering
				  standards or procedures, is reasonably likely to result in the endangerment of
				  lives, health, safety, property, or welfare of the public. Any act or conduct
				  which constitutes incompetence or gross negligence, or a criminal violation of
				  law, constitutes misconduct and shall be censurable by the board.
(c) Engineers shall first notify involved
				  parties of any engineering decisions or practices that might endanger the
				  health, safety, property or welfare of the public. When, in an engineer's
				  judgment, any risk to the public remains unresolved, that engineer shall report
				  any fraud, gross negligence, incompetence, misconduct, unethical or illegal
				  conduct to the board or to proper civil or criminal authorities.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.57 - Engineers Shall Be Objective and Truthful

Current through Reg. 49, No. 28; July 12, 2024
(a) Engineers shall issue statements only in
				  an objective and truthful manner. The issuance of oral or written assertions in
				  the practice of engineering shall not be:
(1)
				  fraudulent;
(2) deceitful;
				  or
(3) misleading or shall not in
				  any manner whatsoever tend to create a misleading
				  impression.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.59 - Engineers' Actions Shall Be Competent

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Engineers shall practice only in their areas of competence.
(b) The engineer shall not perform any
				  engineering assignment for which the engineer is not qualified by education or
				  experience to perform adequately and competently. However, an engineer may
				  accept an assignment which includes phases outside of the engineer's area of
				  competence if those other phases are performed by qualified licensed
				  professionals, consultants, associates, or employees.
(c) The engineer shall not express an
				  engineering opinion in deposition or before a court, administrative agency, or
				  other public forum which is contrary to generally accepted scientific and
				  engineering principles without fully disclosing the basis and rationale for
				  such an opinion. Engineering opinions which are rendered as expert testimony
				  and contain quantitative values shall be supported by adequate modeling or
				  analysis of the phenomena described.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.61 - Engineers Shall Maintain Confidentiality of Clients

Current through Reg. 49, No. 28; July 12, 2024
(a) The engineer may reveal confidences and
				  private information only with a fully informed client's or employer's consent,
				  or when required by law or court order; or when those confidences, if left
				  undisclosed, would constitute a threat to the health, safety or welfare of the
				  public.
(b) The engineer shall not
				  use a confidence or private information regarding a client or employer to the
				  disadvantage of such client or employer or for the advantage of a third
				  party.
(c) The engineer shall
				  exercise reasonable care to prevent unauthorized disclosure or use of private
				  information or confidences concerning a client or employer by the engineer's
				  employees and associates.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.63 - Engineers' Responsibility to the Profession

Current through Reg. 49, No. 28; July 12, 2024
(a) Engineers shall engage in professional
				  and business activities related to the practice of engineering in an honest and
				  ethical manner.
(b) The engineer
				  must:
(1) meet all of the applicable
				  professional practice requirements of federal, state and local statutes, codes,
				  regulations, rules, ordinances or standards in the performance of engineering
				  services;
(2) exercise reasonable
				  care or diligence to prevent the engineer's partners, associates, and employees
				  from engaging in conduct which, if done by the engineer, would violate any
				  provision of the Texas Engineering Practice Act, general board rule, or any of
				  the professional practice requirements of federal, state and local statutes,
				  codes, regulations, rules or ordinances in the performance of engineering
				  services;
(3) exercise reasonable
				  care to prevent the association of the engineer's name, professional
				  identification, seal, firm or business name in connection with any venture or
				  enterprise which the engineer knows, or should have known, is engaging in
				  trade, business or professional practices of a fraudulent, deceitful, or
				  dishonest nature, or any action which violates any provision of the Texas
				  Engineering Practice Act or board rules.
(4) act as faithful agent for their employers
				  or clients;
(5) conduct engineering
				  and related business affairs in a professional manner in interactions with
				  involved parties and employees. Unprofessional conduct may include, but is not
				  limited to, misrepresentation in billing; sale and/or performance of
				  unnecessary work; or conduct that harasses or intimidates another party;
				  and
(6) practice engineering in a
				  careful and diligent manner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 137.65 - Action in Another Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  engineer shall not practice or offer to practice engineering in any other
				  jurisdiction in violation of the laws regulating the practice of professional
				  engineering in that jurisdiction. A finding by such jurisdiction of illegal
				  practice or offer to practice is misconduct and will subject the engineer to
				  disciplinary action in Texas.
(b)
				  Any disciplinary actions taken by another jurisdiction on a matter which would
				  constitute a violation of the Texas Engineering Practice Act or board rules
				  shall be sufficient cause for disciplinary action by this board. A certified
				  copy of the board Order or Final Action from another jurisdiction shall be
				  sufficient evidence to take disciplinary action in this state.
(c) Any complaint, referral or report that a
				  Texas licensed professional engineer performing engineering related to Texas
				  Occupations Code, §
										1001.068
				  in another state may be subject to disciplinary action by this board, if after
				  investigation it is determined that the engineering work done in that other
				  state was inadequate, deficient, incorrect or violated that state's law or
				  rules regarding the practice of engineering.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter D - FIRM AND GOVERNMENTAL ENTITY COMPLIANCE › Section 137.71 - Firm Names

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to § 1001.405(e), a business entity that is
					 not registered with the board may not represent to the public by way of
					 letters, signs, or symbols as a part of any sign, directory, listing, contract,
					 document, pamphlet, stationery, advertisement, signature, or business name that
					 it is engaged in the practice of engineering by using the terms:
(1) "engineer,"
(2) "engineering,"
(3) "engineering services,"
(4) "engineering company,"
(5) "engineering, inc.,"
(6) "professional engineers,"
(7) "licensed engineer,"
(8) "registered engineer,"
(9) "licensed professional
				  engineer,"
(10) "registered
				  professional engineer,"
(11)
				  "engineered," or
(12) any
				  abbreviation or variation of those terms listed in paragraphs (1) - (11) of
				  this section, or directly or indirectly use or cause to be used any of those
				  terms in combination with other words.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter D - FIRM AND GOVERNMENTAL ENTITY COMPLIANCE › Section 137.73 - Firm Record Modifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Each registered
				  firm shall notify the board in writing not later than 30 days after a change in
				  the business entity's:
(1) physical or mailing
				  address, electronic mail address, telephone or facsimile number or other
				  contact information;
(2) officers
				  or directors;
(3) employment status
				  of the professional engineers of the firm; or
(4) operation including dissolution of the
				  firm or that the firm no longer offers to provide or is not providing
				  engineering services to the public in Texas; or
(5) operation including addition or
				  dissolution of branch and/or subsidiary offices.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter D - FIRM AND GOVERNMENTAL ENTITY COMPLIANCE › Section 137.75 - Registration Renewal and Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  certificate of registration shall be valid until the last day of the twelfth
				  month following the date of issuance of the certificate of registration. At
				  least one month in advance of the date of the expiration, the board shall
				  notify each firm holding a certificate of registration of the date of the
				  expiration and the amount of the fee that shall be required for its renewal for
				  one year. The renewal notice shall be mailed to the last address provided by
				  the firm to the board. The certificate of registration may be renewed by
				  completing the renewal application and paying the annual registration renewal
				  fee set by the board. It is the sole responsibility of the firm to pay the
				  required renewal fee prior to the expiration date, regardless of whether the
				  renewal notice is received.
(b) A
				  certificate of registration which has been expired for less than one year may
				  be renewed by completing the renewal statement sent by the board and payment of
				  two (2) times the normal renewal fee. When renewing an expired certificate of
				  registration, the authorized official of the firm shall submit a written a
				  statement of whether engineering services were offered, pending, or performed
				  for the public in Texas during the time the certificate of registration was
				  expired.
(c) If a certificate of
				  registration has been expired for more than one year, the firm must re-apply
				  for certification under the laws and rules in effect at the time of the new
				  application and shall be issued a new certificate of registration serial number
				  if the new application is approved.
(d) The renewal fee will not be
				  refunded.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter D - FIRM AND GOVERNMENTAL ENTITY COMPLIANCE › Section 137.77 - Firm Registration Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  firm or other business entity shall not offer or perform engineering services
				  to the public unless registered with the board pursuant to the requirements of
				  Chapter 135 of this title (relating to Firm Registration).
(b) A firm shall provide that at least one
				  full-time active license holder is employed with the entity and that an active
				  license holder performs or directly supervises all engineering work and
				  activities that require a license that is performed in the primary, branch,
				  remote, or project office(s).
(c)
				  An active license holder who is a sole practitioner shall satisfy the
				  requirement of the regular, full-time employee.
(d) No engineering services are to be offered
				  to or performed for the public in Texas by a firm while that firm does not have
				  a current certificate of registration.
(e) A business entity that offers or is
				  engaged in the practice of engineering in Texas and is not registered with the
				  board or has previously been registered with the board and whose registration
				  has expired shall be considered to be in violation of the Act and board rules
				  and will be subject to administrative penalties as set forth in
				  §§1001.501 - 1001.508 of the Act and §
										139.35
				  of this title (relating to Sanctions and Penalties).
(f) The board may revoke a certificate of
				  registration that was obtained in violation of the Act and/or board rules
				  including, but not limited to, fraudulent or misleading information submitted
				  in the application or lack of employee relationship with the designated
				  professional engineer for the firm.
(g) If a firm has notified the board that it
				  is no longer offering or performing engineer services to the public, including
				  the absence of a regular, full-time employee who is an active professional
				  engineer licensed in Texas, the certificate of registration record will be
				  placed in inactive status until the board is notified of resumed offering and
				  services. If firm certificate of registration is inactive, the certificate of
				  registration will expire under the same requirements of subsection (e) of this
				  section unless renewed.
(h) All
				  engineering documents released, issued, or submitted by or for a registered
				  engineering firm, including preliminary documents, must clearly indicate the
				  firm name and registration number.
(i) A firm registered under Chapter 135 of
				  this title may voluntarily surrender the registration by submitting a request
				  in writing provided that the firm:
(1) is in
				  good standing; and
(2) does not
				  have an enforcement case pending before the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 137 - COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS › Subchapter D - FIRM AND GOVERNMENTAL ENTITY COMPLIANCE › Section 137.79 - Standards for Compliance with Professional Services Procurement Act

Current through Reg. 49, No. 28; July 12, 2024
When procuring professional engineering services, a
					 governmental entity and/or its representative(s) shall comply with the
					 requirements of Subchapter A, Chapter 2254, Texas Government Code and shall
					 select and award on the basis of demonstrated competence and qualifications to
					 perform the services for a fair and reasonable price and shall not select
					 services or award contracts on the basis of competitive
					 bidding.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.1 - Registration Holder Designations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to §1071.002 and §1071.251 of the Surveying Act, a
				  Registered Professional Land Surveyor may use the following terms when
				  representing himself or herself to the public:
(1) "registered professional land
				  surveyor";
(2) "registered land
				  surveyor";
(3) "registered
				  surveyor";
(4) "professional land
				  surveyor";
(5) "professional
				  surveyor"; or
(6) any variation or
				  abbreviation of the terms listed in paragraphs (1) - (5) of this
				  subsection.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.5 - Registration and License Holder Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each license or registration holder shall
				  notify the board in writing not later than 30 days after a change in the
				  person's legal name, personal mailing address, or employment status.
(b) A notice informing the board of a change
				  in employment status shall include, as applicable, the:
(1) full legal trade or business name of the
				  association or employment;
(2)
				  physical location and mailing address of the business;
(3) telephone number of the business
				  office;
(4) type of business
				  (corporation, assumed name, partnership, or self-employment through use of own
				  name);
(5) legal relationship and
				  position of responsibility within the business; and
(6) effective date of this change.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.7 - License or Registration Expiration and Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A license or registration holder must
				  renew the license annually to continue to practice land surveying under the
				  provisions of the Surveying Act. If the license or registration renewal
				  requirements are not met by the expiration date of the license or registration,
				  the license or registration shall expire and the license or registration holder
				  may not engage in surveying activities that require a license or registration
				  until the renewal requirements have been met.
(b) Pursuant to §1001.275 of the Act,
				  the board will mail a renewal notice to the last recorded address on file with
				  the board of each license or registration holder at least 30 days prior to the
				  date a person's license or registration is to expire. Regardless of whether the
				  renewal notice is received, the license or registration holder has the sole
				  responsibility to pay the required renewal fee together with any applicable
				  late fees at the time of payment.
(c) A license or registration holder may
				  renew a license or registration by submitting:
(1) the required annual renewal fee. Payment
				  may be made by personal, company, or other checks drawn on a United States bank
				  (money order or cashier's check), or by electronic means, payable in United
				  States currency;
(2) the
				  continuing education program documentation as required in § 138.17 of this
				  chapter (relating to Continuing Education Program) to the board prior to the
				  expiration date of the license; and
(3) documentation of submittal of
				  fingerprints for criminal history record check as required by §1001.277 of
				  the Act, unless previously submitted to the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.11 - Expiration and Licensed or Registered in Another Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) A person formerly licensed or registered
				  to practice land surveying in Texas who has moved to another state may apply
				  for a land surveying license or registration in Texas if he or she has been
				  practicing surveying in the other state as a licensed or registered land
				  surveyor for at least two years prior to the date of application
(b) A person meeting the criteria in
				  subsection (a) of this section is exempt from examination requirements.
(c) To apply for renewal, the
				  former license or registration holder meeting the criteria in subsection (a) of
				  this section, must fill out an out-of-state renewal application form, submit
				  documentation demonstrating licensure or registration in the other state, pay a
				  renewal fee that is equal to two times the normally required renewal fee for
				  the license or registration, and submit documentation demonstrating compliance
				  with the continuing education program requirements for an expired license or
				  registration as prescribed in § 138.17 of this chapter (relating to
				  Continuing Education Program).
(d)
				  Any license or registration issued to a former Texas license or registration
				  holder under this section shall be assigned a new serial number.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.12 - Suspended License or Registration

Current through Reg. 49, No. 28; July 12, 2024
Offering or performing professional surveying services to
					 the public while a license or registration is suspended is a violation of board
					 rules and is subject to disciplinary action by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.13 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A license or
				  registration holder may request in writing to change the status of the license
				  or registration to "inactive" at any time. A license or registration holder
				  whose license or registration is inactive may not practice surveying. A license
				  or registration holder who has requested inactive status shall not receive any
				  refunds for licensing or registration fees previously paid to the board.
(b) A license or registration
				  holder whose license or registration is inactive must pay an annual fee as
				  established by the board at the time of the renewal. If the inactive renewal
				  fee is not paid by the date a person's license or registration is to expire,
				  the inactive renewal fee for the expired license or registration shall be
				  increased in the same manner as for an active license or registration renewal
				  fee.
(c) A license holder whose
				  license is inactive is not required to:
(1)
				  comply with the continuing professional education requirements adopted by the
				  board; or
(2) take an examination
				  for reinstatement to active status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.14 - Voluntary Surrender of License or Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A license or registration holder who does
				  not wish to maintain a license or registration, the legal guardian of the
				  license or registration holder, or other legal representative of the license or
				  registration holder may voluntarily surrender the license or registration by
				  submitting a request in writing provided that the license or registration
				  holder:
(1) is in good standing; and
(2) does not have an enforcement case pending
				  before the board, other than cases alleging a violation of §138.5
				  (relating to Registration and License Holder Notification Requirements) and
				  § 138.17(relating to Continuing Education) of this
				  title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.15 - Replacement of Printed Licenses or Certificates

Current through Reg. 49, No. 28; July 12, 2024
Each license or registration holder will be issued a
					 printed license or registration certificate. A license or registration holder
					 may obtain a new printed license or registration certificate to replace any
					 certificate lost, destroyed, or mutilated or obtain a certificate in a new
					 design by submitting a request in a format prescribed by the Board. Replacement
					 license or registration certificates will reflect the original serial number of
					 the license or registration certificate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter A - INDIVIDUAL AND SURVEYOR COMPLIANCE › Section 138.17 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Each license or
				  registration holder shall meet the Continuing Education (CE) requirements for
				  professional development as a condition for license or registration
				  renewal.
(b) Terms used in this
				  section are defined as follows:
(1)
				  Professional Development Hour (PDH)--A contact hour (clock hour) of CE
				  activity. PDH is the basic unit for CE reporting.
(2) Continuing Education Unit (CEU)--Unit of
				  credit customarily used for continuing education courses. One continuing
				  education unit equals 10 hours of class in an approved continuing education
				  course.
(3) College/Unit
				  Semester/Quarter Hour--Credit for course in ABET-approved program or other
				  related college course.
(4)
				  Course/Activity--Any qualifying course or activity with a clear purpose and
				  objective which will maintain, improve, or expand the skills and knowledge
				  relevant to the license or registration holder's field of practice.
(5) Self-directed study--Time spent engaging
				  in professional development that is not otherwise identified in this rule.
				  (Examples include, but are not limited to: reading/reviewing trade magazines or
				  books, watching tutorials, and viewing other online content.)
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter B - SEALING REQUIREMENTS › Section 138.31 - Seal Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  issuance of a registration as a registered professional land surveyor, each
				  registration holder is required to obtain a seal under the requirements of
				  § 134.97 of this title (relating to Issuance of Registration).
(b) In accordance with §1071.351(b) of
				  the Surveying Act, physical and electronic seals shall be of the
				  Board-authorized designs illustrated in this section and shall be no larger
				  than two inches. Regardless of seal size the surveyor's name and number must be
				  clearly legible.
(c) All physical
				  seals obtained and used by registration holders must leave a permanent ink
				  image or permanent impression of the seal attached to the surveying
				  work.
(d) All seals obtained and
				  used by registration holders shall contain any legal name, commonly accepted
				  variation of the legal name, or initial combination with the surname as
				  currently listed with the board and in the usual written signature. Nicknames
				  shall not be permitted on a seal in lieu of a legal name or initial
				  combination. The name can be displayed on the seal using all uppercase letters,
				  such as "LESLIE H. DOE" or using the standard combination of upper and
				  lowercase letters, such as "Leslie H. Doe". If after registration, a
				  registration holder legally changes his/her name, the registration holder must
				  have a new seal or seals made showing the new legal name.
Attached
					 Graphic
(e)
				  Preprinting of blank forms with a surveyor's seal, or the use of decal or other
				  seal replicas is prohibited.
(f)
				  When signing a surveying work, the surveyor may utilize the designation
				  "R.P.L.S." or other terms as described in § 138.1 of this chapter
				  (relating to Registration Holder Designations).
(g) This section does not prevent the
				  reproduction of sealed and signed, original works for distribution.
(h) Upon issuance of a license as a licensed
				  state land surveyor, each license holder is required to obtain an additional
				  seal.
Attached
					 Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter B - SEALING REQUIREMENTS › Section 138.35 - Electronic Seals and Electronic Signatures

Current through Reg. 49, No. 28; July 12, 2024
(a) Registered professional surveyors shall
				  maintain the security of their electronic seals and electronic signatures. The
				  following methods are allowed:
(1) Registered
				  professional surveyors may electronically copy their original hard copy work
				  that bears their seal, original signature, and date and transmit this work in a
				  secure electronic format.
(2) A
				  surveyor may create an electronic seal and electronic signature for use in
				  transmitting electronically formatted surveying work, regardless of whether the
				  work was originally in hard copy or electronic format.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter B - SEALING REQUIREMENTS › Section 138.37 - Sealing Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration
				  holder is guilty of misconduct and subject to disciplinary action if the
				  registration holder:
(1) knowingly signs or
				  seals any surveying document or product if its use or implementation may
				  endanger the health, safety, property or welfare of the public.
(2) signs or affixes a seal on any document
				  or product when the registration is inactive or has been revoked, suspended, or
				  has expired.
(3) allows others
				  access to his or her electronic files containing his or her seal and/or
				  electronic signature, unless access is explicitly authorized for particular
				  surveying work.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.51 - General Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) The practice of
				  the land surveying profession is essential to the orderly use of our physical
				  environment, and the technical work resultant thereof has important effects on
				  the welfare, property, economy, and security of the public; therefore, the
				  practice of professional land surveying shall be conducted with the highest
				  degree of ethical standards.
(b)
				  Registration holders having knowledge of any alleged violation of the Act
				  and/or board rules shall cooperate with the board in furnishing such
				  information or assistance as may be required.
(c) A registration holder shall respond to
				  the board in writing to all written requests for information regarding all
				  inquiries under the jurisdiction of the board no later than 21 days of receipt
				  or by the date specified in board correspondence. A registration holder shall
				  fully comply with final decisions and orders of the board. Failure to comply
				  with these matters will constitute a separate offense of misconduct and will
				  subject the registration holder to any of the penalties provided under
				  §1001.451(2), (3), or (4) and §1001.501.
(d) Any registration holder who directly or
				  indirectly enters into any contract, arrangement, plan, or scheme with any
				  person, firm, partnership, association, or corporation or other business entity
				  which in any manner results in a violation of § 138.77 of this title
				  (relating to Firm Registration Compliance) shall be subject to legal and
				  disciplinary actions provided under §1001.451(2), (3), or (4) and
				  §1001.501. Professional surveyors shall perform or directly supervise the
				  surveying work of any subordinates as characterized in § 131.2 of this
				  title (relating to Definitions). Under no circumstances shall surveyors work in
				  a part-time arrangement with a firm not otherwise in full compliance with
				  § 138.77 of this chapter (relating to Firm Registration Compliance) in a
				  manner that could enable such firm to offer or perform professional surveying
				  services.
(e) A registered
				  professional land surveyor may offer or perform surveying services on a full or
				  part-time basis as a firm or other business entity if registered pursuant to
				  the requirements of Chapter 136 of this title (Relating to Firm
				  Registration).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.53 - Surveyor Standards of Compliance with Professional Services Procurement Act

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered
				  professional surveyor shall not submit or request, orally or in writing, a
				  competitive bid to perform professional surveying services for a governmental
				  entity unless specifically authorized by state law and shall report to the
				  board any requests from governmental entities and/or their representatives that
				  request a bid or cost and/or pricing information or any other information from
				  which pricing or cost can be derived prior to selection based on demonstrated
				  competence and qualifications to perform the services.
(b) For the purposes of this section,
				  competitive bidding to perform surveying services includes, but is not limited
				  to, the submission of any monetary cost information in the initial step of
				  selecting qualified surveyors. Cost information or other information from which
				  cost can be derived must not be submitted until the second step of negotiating
				  a contract at a fair and reasonable cost.
(c) This section does not prohibit
				  competitive bidding in the private sector.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.55 - Surveyors Shall Protect the Public

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Surveyors shall be entrusted to protect the health, safety, property, and
				  welfare of the public in the practice of their profession. The public as used
				  in this section and other rules is defined as any individual(s), client(s),
				  business or public entities, or any member of the general population whose
				  normal course of life might reasonably include an interaction of any sort with
				  the surveying work of the registration holder.
(b) Surveyors shall not perform any surveying
				  function which, when measured by generally accepted surveying standards or
				  procedures, is reasonably likely to result in the endangerment of lives,
				  health, safety, property, or welfare of the public. Any act or conduct which
				  constitutes incompetence or gross negligence, or a criminal violation of law,
				  constitutes misconduct and shall be subject to disciplinary action by the
				  board.
(c) Surveyors shall first
				  notify involved parties of any land surveying decisions or practices that might
				  endanger the health, safety, property or welfare of the public. When, in a
				  surveyor's judgment, any risk to the public remains unresolved, that surveyor
				  shall report any fraud, gross negligence, incompetence, misconduct, unethical
				  or illegal conduct to the board or to proper civil or criminal
				  authorities.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.57 - Surveyors Shall Be Objective and Truthful

Current through Reg. 49, No. 28; July 12, 2024
(a) Surveyors shall issue statements only in
				  an objective and truthful manner. The issuance of oral or written assertions in
				  the practice of surveying shall not be:
(1)
				  fraudulent;
(2) deceitful;
				  or
(3) misleading or shall not in
				  any manner whatsoever tend to create a misleading
				  impression.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.59 - Surveyors' Actions Shall Be Competent

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Surveyors shall practice only in their areas of competence.
(b) The surveyor shall not perform any
				  surveying assignment for which the surveyor is not qualified by education or
				  experience to perform adequately and competently. However, a surveyor may
				  accept an assignment which includes phases outside of the surveyor's area of
				  competence if those other phases are performed by qualified registered
				  professionals, consultants, associates, or employees.
(c) The surveyor shall not express a
				  surveying opinion which is contrary to generally accepted surveying principles
				  without fully disclosing the basis and rationale for such an opinion.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.61 - Surveyors Shall Maintain Confidentiality of Clients

Current through Reg. 49, No. 28; July 12, 2024
(a) The surveyor may reveal confidences and
				  private information only with a fully informed client's or employer's consent,
				  or when required by law or court order; or when those confidences, if left
				  undisclosed, would constitute a threat to the health, safety, or welfare of the
				  public.
(b) The surveyor shall not
				  use a confidence or private information regarding a client or employer to the
				  disadvantage of such client or employer or for the advantage of a third
				  party.
(c) The surveyor shall
				  exercise reasonable care to prevent unauthorized disclosure or use of private
				  information or confidences concerning a client or employer by the surveyor's
				  employees and associates.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.63 - Surveyors' Responsibility to the Profession

Current through Reg. 49, No. 28; July 12, 2024
(a) Surveyors shall engage in professional
				  and business activities related to the practice of surveying in an honest and
				  ethical manner.
(b) The surveyor
				  must:
(1) meet all of the applicable
				  professional practice requirements of federal, state and local statutes, codes,
				  regulations, rules, ordinances or standards in the performance of surveying
				  services;
(2) exercise reasonable
				  care or diligence to prevent the surveyor's partners, associates, and employees
				  from engaging in conduct which, if done by the surveyor, would violate any
				  provision of the Surveying Act, board rule, or any of the professional practice
				  requirements of federal, state and local statutes, codes, regulations, rules or
				  ordinances in the performance of surveying services;
(3) exercise reasonable care to prevent the
				  association of the surveyor's name, professional identification, seal, firm or
				  business name in connection with any venture or enterprise which the surveyor
				  knows, or should have known, is engaging in trade, business or professional
				  practices of a fraudulent, deceitful, or dishonest nature, or any action which
				  violates any provision of the Surveying Act or board rules;
(4) act as faithful agent for their employers
				  or clients;
(5) conduct surveying
				  and related business affairs in a professional manner in interactions with
				  involved parties and employees. Unprofessional conduct may include, but is not
				  limited to, misrepresentation in billing; sale and/or performance of
				  unnecessary work; or conduct that harasses or intimidates another party; and
(6) practice surveying in a
				  careful and diligent manner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter C - PROFESSIONAL CONDUCT AND ETHICS › Section 138.65 - Action in Another Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  surveyor shall not practice or offer to practice surveying in any other
				  jurisdiction in violation of the laws regulating the practice of professional
				  surveying in that jurisdiction. A finding by such jurisdiction of illegal
				  practice or offer to practice is misconduct and will subject the surveyor to
				  disciplinary action in Texas.
(b)
				  Any disciplinary actions taken by another jurisdiction on a matter which would
				  constitute a violation of the Surveying Act or board rules shall be sufficient
				  cause for disciplinary action by this board. A certified copy of the board
				  Order or Final Action from another jurisdiction shall be sufficient evidence to
				  take disciplinary action in this state.