Act & Rules - TBPLS

Question 1

Who signs certificates issued by the TBPLS?

Answer 1

the chair

Question 2

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

Answer 2

the vice chair in the absence or incapacity of the chair

Question 3

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

Answer 3

the executive director

Question 4

who comprises the executive committee?

Answer 4

the board members

Question 5

what standing committees exist?

Answer 5

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

Question 6

What does the Licensed State Land Surveyors Committee do?

Answer 6

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.

Question 7

What does the Registered Professional Land Surveyors Committee do?

Answer 7

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.

Question 8

How is the TBPLS paid?

Answer 8

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.

Question 9

How is a vacancy filed on the board?

Answer 9

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.

Question 10

what rules govern TBPLS proceedings?

Answer 10

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

Question 11

What is a construction estimate as defined in the Act?

Answer 11

a depiction of a possible easement route for planning purposes.

Question 12

What is a certificate of registration?

Answer 12

A license to practice professional land surveying in Texas

Question 13

What is a certificate of licensure?

Answer 13

a license to practice state land surveying in Texas

Question 14

What is a contested case?

Answer 14

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

Question 15

What is direct supervision?

Answer 15

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

Question 16

What is a firm?

Answer 16

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.

Question 17

What is an offer of surveying services?

Answer 17

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

Question 18

What is a renewal?

Answer 18

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.

Question 19

What is a report?

Answer 19

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

Question 20

What is a rule?

Answer 20

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

Question 21

What is a seal?

Answer 21

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

Question 22

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

Answer 22

(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).

Question 23

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

Answer 23

(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.

Question 24

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

Answer 24

(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.

Question 25

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

Answer 25

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

Question 26

What accreditation does the board recognize?

Answer 26

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

Question 27

What is required after receiving a certificate of registration/licensure

Answer 27

1) Secure a seal of the type specified by the Board | 2) Sign and seal oath and forward to the Board

Question 28

For an Inactive Surveyor to return to active status by;

Answer 28

(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.

Question 29

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

Answer 29

(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.

Question 30

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.

Answer 30

five

Question 31

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

Answer 31

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

Question 32

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

Answer 32

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

Question 33

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

Answer 33

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

Question 34

when is a Board inquiry or request deemed received?

Answer 34

(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.

Question 35

What is required to be included on a complaint?

Answer 35

(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.

Question 36

When will anonymous complaints be investigated?

Answer 36

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

Question 37

What is the effect of a withdrawn complaint?

Answer 37

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

Question 38

What is the composition of the Board Complaint Review Panel?

Answer 38

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

Question 39

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

Answer 39

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

Question 40

What is the composition of an Informal Settlement Conference committee?

Answer 40

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

Question 41

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

Answer 41

may not exceed the amount the consumer paid for the service

Question 42

Notice of decision of board in a complaint shall include:

Answer 42

(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.

Question 43

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

Answer 43

(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.

Question 44

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

Answer 44

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

Question 45

What is the fine per violation?

Answer 45

$1500

Question 46

Order and severity of disciplinary action based on?

Answer 46

(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.

Question 47

Factors considered in making decision regarding prohibition?

Answer 47

(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.

Question 48

how soon after change of address must registrant notify board?

Answer 48

5 business days

Question 49

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

Answer 49

(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.

Question 50

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

Answer 50

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

Question 51

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

Answer 51

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

Question 52

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

Answer 52

the client or employer has full knowledge and so approves

Question 53

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

Answer 53

full disclosure to all interested parties

Question 54

What types of surveys are subject to the minimum standards?

Answer 54

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

Question 55

What are the standards for precision and accuracy?

Answer 55

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.

Question 56

What responsibility does a surveyor have in regards to research?

Answer 56

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

Question 57

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

Answer 57

(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.

Question 58

what requirements for monumentation?

Answer 58

(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

Question 59

what requirements for certification?

Answer 59

(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.

Question 60

what is acceptable for basis of bearing?

Answer 60

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

Question 61

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

Answer 61

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.

Question 62

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

Answer 62

the record instrument that defines the location of adjoining boundaries.

Question 63

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

Answer 63

(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."

Question 64

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

Answer 64

12, 3

Question 65

how many are subject to audit for CEUs?

Answer 65

not less than 5% of renewal applications

Question 66

how many CEUs can carry over to following year?

Answer 66

8

Question 67

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

Answer 67

(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.

Question 68

How many members on the board?

Answer 68

9

Question 69

Who is on the board ?

Answer 69

One commissioner, 2 LSLS, 3 RPLS, 3 Public

Question 70

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

Answer 70

Seal and stamp or preliminary statement

Question 71

Surveyors must display ?

Answer 71

certificate of registration

Question 72

you must stamp an easement if ?

Answer 72

if it is a boundary

Question 73

Define "Professional Surveying"

Answer 73

...

Question 74

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

Answer 74

..

Question 75

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

Answer 75

..

Question 76

Explain which types of advertising may be restricted or prohibited

Answer 76

...

Question 77

a surveyor may rely on _____ for research ?

Answer 77

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

Question 78

surveyors must display ?

Answer 78

certificate of registration

Question 79

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

Answer 79

All natural resource codes as they pertain to Professional Land Surveying

Question 80

State plane coordinate system is determined by ?

Answer 80

county

Question 81

Small bill is ?

Answer 81

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

Question 82

surveyors responsibilities are to determine ?

Answer 82

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

Question 83

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

Answer 83

show the location of the true boundary to the adverse boundary

Question 84

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

Answer 84

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

Question 85

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

Answer 85

ripen to a prescriptive easement

Question 86

All transfers of real property land in texas must ?

Answer 86

be in writing and accepted by grantee

Question 87

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

Answer 87

the gradient

Question 88

Professional Land Surveyors must stamp and sign ?

Answer 88

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

Question 89

Professional surveying means ?

Answer 89

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.

Question 90

How long is board member term ?

Answer 90

six years

Question 91

How many consecutive terms may a board member serve ?

Answer 91

2

Question 92

what information must be kept in TBPLS roster ?

Answer 92

name and place of business of each land surveyor

Question 93

offer to practice means ?

Answer 93

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.

Question 94

what methods to qualify for SIT?

Answer 94

- 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

Question 95

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

Answer 95

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

Question 96

How many hours of SIT time under RPLS ?

Answer 96

4000 hours

Question 97

Elements of a claim under the Deceptive Trade Practices Act :

Answer 97

(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.”