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Texas Surveying > Act & Rules - TBPLS > Flashcards

Act & Rules - TBPLS Flashcards

1
Q

Who signs certificates issued by the TBPLS?

A

the chair

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2
Q

Who and under what circumstances can another person exercise the duties and possess all the powers of the chair?

A

the vice chair in the absence or incapacity of the chair

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3
Q

Who affixes the seal to all certificates and other official documents upon the orders of the Board?

A

the executive director

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4
Q

who comprises the executive committee?

A

the board members

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5
Q

what standing committees exist?

A

Licensed State Land Surveyors Committee and the Registered Professional Land Surveyors Committee

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6
Q

What does the Licensed State Land Surveyors Committee do?

A

shall prepare, administer, and grade the licensed state land surveyor’s examination. This committee shall be made up of the commissioner or his/her authorized representative and all of the licensed state land surveyors on the Board. A quorum shall be a majority of the committee members.

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7
Q

What does the Registered Professional Land Surveyors Committee do?

A

shall attend to the preparation and grading of the registered professional land surveying examination. This committee shall be made up of all the members of the Board. A quorum shall be a majority of the committee members.

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8
Q

How is the TBPLS paid?

A

Payment of all salaries and other approved operating expenses of the Board shall be made by itemized vouchers (claims). Such vouchers (claims) shall be approved by the Executive Director of the Board. The Executive Director shall maintain complete records of the financial transactions of the Board as prescribed by the state comptroller and by law.

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9
Q

How is a vacancy filed on the board?

A

If for any reason, a vacancy shall occur in the Board, the chair may call a special meeting for the purpose of preparing a notice to the governor asking for the appointment of a new member to fill the unexpired term. If the vacancy shall occur in the office of the chair, the vice chair may call the meeting.

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10
Q

what rules govern TBPLS proceedings?

A

Robert’s Rules of Order shall govern the proceedings of the Board except as otherwise provided
herein or by statute.

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11
Q

What is a construction estimate as defined in the Act?

A

a depiction of a possible easement route for planning purposes.

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12
Q

What is a certificate of registration?

A

A license to practice professional land surveying in Texas

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13
Q

What is a certificate of licensure?

A

a license to practice state land surveying in Texas

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14
Q

What is a contested case?

A

proceeding, including, but not restricted to, ratemaking and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the Board after an opportunity for adjudicative hearing

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15
Q

What is direct supervision?

A

To be able to recognize and respond to any problem that may arise; give instruction for the solution to a problem; have knowledge of the research and the collection, of relevant data; the placement of all monuments; the preparation and delivery of all Documents

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16
Q

What is a firm?

A

Any business entity including but not limited to a partnership, limited partnership, association, corporation, limited liability company, limited liability partnership and/ or other entity conducting business under an assumed name.

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17
Q

What is an offer of surveying services?

A

Any form of advertisement which contains the firm contact information and offers land surveying services, including but not limited to verbal offer, hard copy, electronic web site, telephone listing, written proposal or other marketing materials

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18
Q

What is a renewal?

A

The payment of a fee annually as set by the Board within the limits of the law for the certificate of registration or the certificate of licensure.

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19
Q

What is a report?

A

Survey drawing, written description, and/or separate narrative depicting the results of a land survey performed and conducted pursuant to this Act.

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20
Q

What is a rule?

A

Any Board statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Board. The term includes the amendment or repeal of a prior rule but does not include statements concerning
only the internal management or organization of the Board and not affecting the private rights or procedures

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21
Q

What is a seal?

A

An embossed or stamped design authorized by the Board that authenticates, confirms, or attests that a person is authorized to offer and practice land surveying services to the public in the State of Texas and has legal consequence when applied

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22
Q

An easement depiction prepared by any person registered or licensed under the Act shall adhere to all rules promulgated by the Board except where?

A

(1) the easement area can be clearly ascertained without reference to a metes and bounds description of the easement; and
(2) the easement does not bisect or protrude into the tract (leaving non-easement areas on opposite sides of the easement strip).

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23
Q

An easement’s legal description or plat depiction does not need to adhere to all rules promulgated by the Board when?

A

(1) is a blanket easement; or
(2) the easement:
(A) is within a tract of land or lot depicted in a recorded subdivision plat;
(B) can be clearly defined and located without a metes and bounds description; and
(C) is adjoining to a platted boundary line.

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24
Q

An individual is eligible to be certified as a surveyor-in-training in Texas upon?

A

(1) Successfully passing the National Council of Examiners for Engineering and Surveying (NCEES) fundamentals of land surveying exam; and
(2) Obtaining certification as a surveyor-in-training by a state, territory or possession of the United States other than Texas.

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25
Q

How long is a surveyor-in-training certificate valid?

A

eight years, after eight years, must provide written proof of 32 hours of continuing education over the previous 8 years, then can continue to renew on a yearly basis by taking 8 hours of continuing education each year

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26
Q

What accreditation does the board recognize?

A

the Accreditation Board for Engineering and Technology (ABET), the Southern Association of Colleges (SAC) and the Applied Science Accreditation Commission (ASAC) or their equivalent

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27
Q

What is required after receiving a certificate of registration/licensure

A

1) Secure a seal of the type specified by the Board

2) Sign and seal oath and forward to the Board

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28
Q

For an Inactive Surveyor to return to active status by;

A

(1) The Surveyor must apply by completing and submitting an application form prescribed by the Board.
(2) The Surveyor must pay the full renewal fee as prescribed by the Board.
(3) The Surveyor must fulfill the continuing professional educational requirement as specified in the Act for the previous year.
(4) Once the application form, fee, and proof of continuing professional education have been received by the Board Office, the Executive Director may approve and the registration will be Active. At the discretion of the Executive Director, he/she may refer the application to the Board for consideration.

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29
Q

A Firm shall not offer land surveying services until the Firm applies for and receives a Firm Registration Certificate with the Board, which identifies:

A

(1) The business and legal names and addresses of the association, partnership, or corporation;
(2) The names and license numbers of all persons registered or licensed under this Act employed by the association, partnership, or corporation.

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30
Q

A person registered or licensed under the Act and employed by a Firm shall notify the Board in writing within _____ business days prior to leaving employment or no later than _____ business days after leaving employment.

A

five

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31
Q

What is required of a firm renewing a firm registration that has been expired less than one year?

A

1) completing the renewal statement set by the board
2) payment of twice the normal renewal fee
3) file a written statement of whether surveying services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired

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32
Q

What is required of a firm furnishing contract land surveying crews>

A

must have a RPLS as a full-time employee and registered with the board

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33
Q

Who is subject to provisions of the Act and Board rules?

A

A registrant/licensee/SIT/Firm whose registration/license/certification is current or has expired but is renewable under the Texas Professional Land Surveying Practices Act and Board rules

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34
Q

when is a Board inquiry or request deemed received?

A

(1) The date actually received as reflected by a delivery receipt from the United States Postal Service or a private courier; or
(2) Two days after the Board request or inquiry is deposited in a postage paid envelope in the United States Mail addressed to the registrant, licensee, SIT or Firm at his/her last address reflected in the records of the Board.

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35
Q

What is required to be included on a complaint?

A

(A) Name, address and phone number of complainant and respondent (i.e. person charged with alleged violation);
(B) Nature and description of the complaint;
(C) Copies of factual evidence and other information that supports the complaint;
(D) Names and addresses of witnesses; and
(E) Signature of complainant recognizing the serious nature of the complaint process and consequences of falsifying a government document.

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36
Q

When will anonymous complaints be investigated?

A

if witnesses or other evidence clearly supports a credible or factual foundation

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37
Q

What is the effect of a withdrawn complaint?

A

will not impact an on-going investigation or the actions taken by the Executive Director

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38
Q

What is the composition of the Board Complaint Review Panel?

A

one public Board member, one registered or licensed Board member, the Executive Director, the investigator

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39
Q

What recourse does a complainant have if this complaint is dismissed?

A

request reconsideration of the dismissal by sending a written request for such within 20 days of receipt of the notice of dismissal

40
Q

What is the composition of an Informal Settlement Conference committee?

A

two Board members, one of which will be a public member, the Executive Director, the investigator, and others as deemed necessary.

41
Q

What is the limit on restitution that the board may order a respondent to pay?

A

may not exceed the amount the consumer paid for the service

42
Q

Notice of decision of board in a complaint shall include:

A

(1) The findings of fact and conclusions of law separately stated;
(2) The amount of any administrative penalty imposed;
(3) A statement of the person’s right to judicial review of the Board’s order; and
(4) Other information required by law.

43
Q

A complaint may be considered to have been made for the purpose of harassment if ?

A

(1) The complaint is filed as a threatening, abusive, or retaliatory tactic;
(2) The complaint is filed as a litigation tactic;
(3) The complaint is politically motivated; or
(4) The complaint is based on allegations that are beyond the scope of the Board’s jurisdiction under the Act.

44
Q

What does a Texas RPLS have to do if subject to a disciplinary action relative to the practice of land surveying in another jurisdiction?

A

report such final disciplinary action to the Texas Board within 30 days

45
Q

What is the fine per violation?

A

$1500

46
Q

Order and severity of disciplinary action based on?

A

(1) The seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts;
(2) The economic damage to property caused by the violation;
(3) The history of previous violations;
(4) The amount necessary to deter a future violation;
(5) Efforts to correct the violation; and
(6) Any other matter that justice may require.

47
Q

Factors considered in making decision regarding prohibition?

A

(1) Type and severity of violation;
(2) Economic harm;
(3) History of violations;
(4) Efforts to correct the violation;
(5) Action premeditated or intentional;
(6) Motive;
(7) Attempted concealment of violation;
(8) The likelihood of future misconduct as shown by:
(A) Degree of remorse;
(B) Remedial procedures to prevent future violations; and
(C) Rehabilitative motivation or potential.
(9) Any other relevant circumstances or facts.

48
Q

how soon after change of address must registrant notify board?

A

5 business days

49
Q

How may a Firm notify consumers about the Boards contact info?

A

(A) A sign prominently displayed in the place of business of each registrant offering professional land surveying services;
(B) On a bill for professional land surveying service;
(C) On each written contract for services; or
(D) On a Firm’s website.

50
Q

When is it a violation to submit or request a competitive bid?

A

for a governmental entity or political subdivision of the State of Texas unless specifically authorized by state law

51
Q

What must be maintained regarding a land survey document, in what form and for how long?

A

in a retrievable format all records and files pertaining to the preparation of a land survey document for a minimum of ten (10) years from the date of the document

52
Q

Under what conditions may a registrant accept remuneration from any party other than the client or employer?

A

the client or employer has full knowledge and so approves

53
Q

Under what conditions may a registrant offer or accept referral fees or discount fees for services performed?

A

full disclosure to all interested parties

54
Q

What types of surveys are subject to the minimum standards?

A

any survey, the purpose of which is to delineate, segregate, separate, or partition any interest in real property of any kind

55
Q

What are the standards for precision and accuracy?

A

Survey measurements shall be made with equipment and methods of practice capable of attaining the accuracy and tolerances required by the professional land surveying services being performed.

56
Q

What responsibility does a surveyor have in regards to research?

A

the responsibility for such research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed

57
Q

When delineating a boundary line as an integral portion of a survey, the land surveyor shall ?

A

(1) Respect junior/senior rights for boundary retracement;
(2) Follow the footsteps of the original land surveyor;
(3) Follow the documented records of the land title affecting the boundaries being surveyed;
(A) Rely on the appropriate deeds and/or other documents including those for adjoining parcels for the location of the boundaries of the subject parcel(s).
(B) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for such research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed.
The land surveyor may rely on record data related to the determination of boundaries furnished for the registrants’ use by a qualified provider, provided the registrant reasonably believes such data to be sufficient and notes, references, or credits the documentation by which it is furnished.
(C) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the land surveyor’s opinion of the boundary location shall be supported by other appropriate physical evidence, which shall be explained in a land surveyor’s sketch or written report.
(4) Follow the intent of the boundary location as evidenced by the record;
(5) Respect the proper application of the rules of dignity (priority) of calls, and applicable statutory and case law of Texas.

58
Q

what requirements for monumentation?

A

(1) set at sufficient depth to retain a stable and distinctive location and be of sufficient size to withstand the deteriorating forces of nature and shall be of such material that in the land surveyor’s judgment will best achieve this goal.
(2) an adequate quantity of monuments of a stable and reasonably permanent nature to represent or reference the property or boundary corners.
(3) All metes and bounds descriptions prepared as an exhibit to be used in easements shall be tied to corners of record related to the boundary of the affected tract
(4) shall be marked in a way that is traceable to the responsible registrant or associated employer

59
Q

what requirements for certification?

A

(a) The Registered Professional Land Surveyor shall personally apply his/her seal and signature to final documents released to the public representing professional land surveying as defined in the Act. The professional land surveyor shall maintain control and possession over his/her seal at all times.
(b) If the land surveyor certifies, or otherwise indicates, that his/her product or service meets a standard of practice in addition to that promulgated by the Texas Board of Professional Land
Surveying, then the failure to so meet both standards may be considered by the Board, for disciplinary purposes, to be misleading the public.
(c) Preliminary documents released from a land surveyor’s control shall identify the purpose of the document, the land surveyor of record and the land surveyor’s registration number, and the release date. Such preliminary documents shall not be signed or sealed and shall bear the following statement in the signature space or upon the face of the document: “Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document”. Preliminary documents released from the land surveyor’s control which include this text in place of the land surveyor’s signature need not comply with the other minimum standards promulgated in this chapter.
(d) A land surveyor shall certify only to factual information that the land surveyor has knowledge of or to information within his professional expertise as a land surveyor unless otherwise qualified.
(e) Registered professional land surveyors may certify, using the registrant’s signature and official seal, services which are not within the definition of professional land surveying as defined in the Act, provided that such certification does not violate any Texas or federal law.

60
Q

what is acceptable for basis of bearing?

A

an identifiable and monumented line or an established geodetic system for directional control

61
Q

what items are required on the survey regarding seal and signature?

A

the Firm name and Firm Registration Number, the land surveyor’s name, address, and phone number who is responsible for the land survey, his/her official seal, his/her original signature and date surveyed.

62
Q

what references to adjoiners in written description or survey is required?

A

the record instrument that defines the location of adjoining boundaries.

63
Q

requirements for a metes and bounds description for a political subdivision based on public land title records?

A

(1) The description is prepared for a political subdivision of the State (which is defined as a county, city, district, or other body politic of the State having a jurisdiction over only a portion of the State) for the sole purpose of defining or modifying the boundaries of the political subdivision.
(2) The description must be unambiguous and locatable on the ground by ordinary surveying procedures;
(3) Any record monument or physical monumentation called for in the description must be in place at the time the surveyor prepares the description and the surveyor must have personal knowledge of such monument sufficient to give a proper current description for the monument and its accessories;
(4) The surveyor signing the work must have performed an on the ground survey to support any course and distance recited in the description, except that the description may quote courses and distances from recorded documents (such as deeds) as long as the recording reference for any recited document is also quoted in the description; and
(5) Any survey document prepared under this rule shall bear a note as follows: “This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.”

64
Q

how many CEUs ? How many must be act, rule and/or Ethics?

A

12, 3

65
Q

how many are subject to audit for CEUs?

A

not less than 5% of renewal applications

66
Q

how many CEUs can carry over to following year?

A

8

67
Q

under what circumstances may a student loan defaulter renew his license?

A

(1) The renewal is the first renewal following the Board’s receipt of the list including the licensee’s name among those in default; or
(2) The licensee presents to the Board a certificate issued by the TGSLC certifying that:
(A) The licensee has entered a repayment agreement on the defaulted loan; or
(B) The licensee is not in default on a loan guaranteed by the TGSLC.

68
Q

How many members on the board?

A

9

69
Q

Who is on the board ?

A

One commissioner, 2 LSLS, 3 RPLS, 3 Public

70
Q

Plats must always have the following, if issued from a surveyors office ?

A

Seal and stamp or preliminary statement

71
Q

Surveyors must display ?

A

certificate of registration

72
Q

you must stamp an easement if ?

A

if it is a boundary

73
Q

Define “Professional Surveying”

A

…

74
Q

What is the application fee and exam fee for the SIT exam?

A

..

75
Q

What is the application fee and exam fee for the RPLS exam?

A

..

76
Q

Explain which types of advertising may be restricted or prohibited

A

…

77
Q

a surveyor may rely on _____ for research ?

A

a qualified provider provided the registrant reasonably believes the data to be sufficient

78
Q

surveyors must display ?

A

certificate of registration

79
Q

Surveyors are responsible for what portions of the Natural Resource Code ?

A

All natural resource codes as they pertain to Professional Land Surveying

80
Q

State plane coordinate system is determined by ?

A

county

81
Q

Small bill is ?

A

validates patents and title that cross navigable and Spanish/Mexican perennial streams

82
Q

surveyors responsibilities are to determine ?

A

physical occupation and current record deed of ownership location in reference to original deed

83
Q

the courts require the survey to ____________ in an adverse possession court case ?

A

show the location of the true boundary to the adverse boundary

84
Q

if a land owner has been paying the taxes of land he does not own, he is ?

A

entitled to nothing from the state, this is called voluntary taxes

85
Q

Long continuous use of the land of another to have access to a county road can ?

A

ripen to a prescriptive easement

86
Q

All transfers of real property land in texas must ?

A

be in writing and accepted by grantee

87
Q

land was titled in 1828 with a perennial natural stream for the north boundary, current owner owns to ?

A

the gradient

88
Q

Professional Land Surveyors must stamp and sign ?

A

all documents that leave their office that describe real property or mark as preliminary

89
Q

Professional surveying means ?

A

means the practice of land, boundary, or property surveying or other similar professional practices. The term includes:

(A) performing any service or work the adequate performance of which involves applying special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth’s surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for:

(i) locating real property boundaries;
(ii) platting and laying out land and subdivisions of land; or
(iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys; and

(B) consulting, investigating, evaluating, analyzing, planning, providing an expert surveying opinion or testimony, acquiring survey data, preparing technical reports, and mapping to the extent those acts are performed in connection with acts described by this subdivision.

90
Q

How long is board member term ?

A

six years

91
Q

How many consecutive terms may a board member serve ?

A

2

92
Q

what information must be kept in TBPLS roster ?

A

name and place of business of each land surveyor

93
Q

offer to practice means ?

A

to represent by verbal claim, sign, letterhead, card, or other method that a person is registered or licensed to perform professional surveying in this state.

94
Q

what methods to qualify for SIT?

A
  • BS in surveying
  • Any bachelors degree + 32 hours related courses + 1 year responsible charge
  • AS in surveying + 2 years responsible charge
  • 32 hours related courses + 2 years responsible charge
  • HS degree. self taught, + 4 years responsible charge
95
Q

If professional surveying is performed as a joint venture of an association of two or more firms ?

A

each firm shall use the seal of the surveyor having primary responsibility for the venture.

96
Q

How many hours of SIT time under RPLS ?

A

4000 hours

97
Q

Elements of a claim under the Deceptive Trade Practices Act :

A

(1) the plaintiff is a consumer,
(2) the defendant engaged in false, misleading, or deceptive acts, and
(3) these acts constituted a producing cause of the consumer’s damages. Reliance is a necessary element of a DTPA claim based on false, misleading, or deceptive acts. A DTPA claim may also arise from breach of express or implied warranties or from any unconscionable action or course of action.”

Texas Surveying (8 decks)

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