TBPELS Flashcards
? 1001.064. STATE LAND SURVEYORS.
A LICENSED STATE LAND SURVEYOR is exempt from the requirements of this chapter regulating the practice of engineering in performing the state land surveyor’s duties.
? 1001.1011. EX OFFICIO MEMBER. (BOARD)
The commissioner of the General Land Office or a LICENSED STATE LAND SURVEYOR employee of the General Land Office
designated by the commissioner as director of surveying shall serve as an ex officio, nonvoting member of the board.
? 1001.102. MEMBER ELIGIBILITY. (BOARD)
(d) A land surveyor member of the board:
(1) must be:
(A) a LICENSED STATE LAND SURVEYOR actively engaged in the practice of state land surveying for not less
than the five years preceding appointment; or
(B) a registered professional land surveyor actively engaged in the practice of professional surveying in this state for
not less than the five years preceding appointment; and
(2) may not be licensed as an engineer.
? 1001.272. CRIMINAL HISTORY RECORD
(a) This section applies only to an applicant for a license or registration as an engineer, LICENSED STATE LAND SURVEYOR, or
registered professional land surveyor.
(b) The board shall require that an applicant for a license submit a complete and legible set of fingerprints for the purpose of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of Investigation.
(c) The board may not issue a license to a person who does not comply with the requirement of Subsection (b).
(d) The board shall conduct a criminal history check of each applicant for a license using information
? 1001.277. CRIMINAL HISTORY RECORD - RENEWAL
(b) An applicant renewing a license shall submit a complete and legible set of fingerprints for purposes of performing a criminal history
check of the applicant as provided by Section 1001.272.
(c) The board may not renew the license of a person who does not comply with the requirement of Subsection (b).
?1071.002. DEFINITIONS. - LICENSED STATE LAND SURVEYOR - #5
(5)”Licensed state land surveyor” means a surveyor licensed by the board to survey land in which the state or the permanent school fund has an interest or perform other original surveys for the purpose of filing field notes in the General Land Office.
?1071.002. DEFINITIONS. - LICENSED STATE LAND SURVEYOR -#8
(8)”State land surveying” means the science or practice of land measurement according to established and recognized methods engaged in as a profession or service for the public for compensation and consisting of the following activities conducted when the resulting field notes or maps are to be filed with the General Land Office:(A)determining by survey the location or relocation of original land grant boundaries and corners;(B)calculating area and preparing field note descriptions of surveyed and unsurveyed land or land in which the state or the permanent school fund has an interest; and(C)preparing maps showing the survey results.
?1071.252. APPLICATION REQUIREMENTS.
(a)An applicant for certification as a surveyor-in-training, registration as a registered professional land surveyor, or licensing as a LICENSED STATE LAND SURVEYOR must file a written application with the board accompanied by an application fee in an amount determined by the board.(b)An application must be made on a form prescribed and furnished by the board and contain statements that show the applicant’s education and experience. The application must contain a detailed summary of the applicant’s education and experience and references from at least three registered professional land surveyors having personal knowledge of the applicant’s surveying experience. The board shall accept an application that meets board requirements regardless of whether the application is notarized.(c)After the board determines that the applicant is qualified to take the appropriate section of the examination under Section 1071.256, the board shall set the examination section the applicant is approved to take and notify the applicant of the examination section and of the time and place of the examination. The applicant may take the examination section on payment of an examination fee in an amount determined by the board.
? 1071.255. QUALIFICATIONS FOR LICENSING AS LICENSED STATE LAND SURVEYOR; OATH.
(a)A registered professional land surveyor is entitled to be licensed as a LICENSED STATE LAND SURVEYOR if the person is approved to take and passes the appropriate sections of the examination prescribed under Section 1071.256.(b)The board may not issue a license to a LICENSED STATE LAND SURVEYOR until the applicant takes the official oath stating that the person will faithfully, impartially, and honestly perform all the duties of a LICENSED STATE LAND SURVEYOR to the best of the person’s skill and ability in all matters in which the person may be employed.(c)Repealed by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.58(6), eff. September 1, 2019.
?1071.256. EXAMINATION.
(a)The board shall prescribe the scope of the written examination and examination procedures with special reference to the applicant’s ability in order to protect the public safety, welfare, and property rights.(b)The examination for an applicant for registration as a registered professional land surveyor must be developed and given as provided by this chapter under board rules designed to determine the knowledge and ability of the applicant.(c)The examination for an applicant for licensing as a LICENSED STATE LAND SURVEYOR must be developed under board rules and include examination on:(1)the theory of surveying;(2)the law of land boundaries;(3)the history and functions of the General Land Office; and(4)other matters pertaining to surveying as determined by the board.
?1071.261. DISPLAY OF CERTIFICATE AND LICENSE.
(a)An original or renewal certificate of registration or license is evidence that the person whose name and registration number appear on the document is qualified to practice as a registered professional land surveyor or LICENSED STATE LAND SURVEYOR.(b)A person holding a certificate of registration or license shall display the certificate or license at the person’s place of business or practice. The person shall be prepared to substantiate that the certificate or license has been renewed for the current year.
? 1071.304. NOTICE OF FAILURE TO RENEW STATE LAND SURVEYOR LICENSE.
The executive director shall immediately notify the commissioner when the license of a LICENSED STATE LAND SURVEYOR expires due to the person’s failure to timely renew the license.
?1071.351. PERFORMANCE OF LAND SURVEYING; OFFICIAL SEAL.
(c)Each LICENSED STATE LAND SURVEYOR shall obtain a seal of office. The seal must contain the license holder’s official title, “LICENSED STATE LAND SURVEYOR,” around the margin and the word “Texas” between the points of the star in the seal. A LICENSED STATE LAND SURVEYOR shall attest with the seal all official acts authorized under law. An act, paper, or map of a LICENSED STATE LAND SURVEYOR may not be filed in the county records of the General Land Office unless it is certified to under the surveyor’s seal.(d)A registration holder or license holder may not affix the person’s name, seal, or certification to any plat, design, specification, or other professional surveying work that is prepared by a person who is not registered or licensed under this chapter unless the work is performed by an employee under the direct supervision of the registration holder or license holder.(e)A registration holder or license holder may not allow a person who is not registered or licensed under this chapter to exert control over the end product of professional surveying work.(f)If professional surveying is performed as a joint venture of an association of two or more firms, each firm shall use the seal of the surveyor having primary responsibility for the venture.
?1071.352. SURVEYING BY BUSINESS ENTITY.
(b) A registered professional land surveyor or LICENSED STATE LAND SURVEYOR may organize or engage in any form of individual or group practice of surveying allowed by state statute. The individual or group practice must properly identify the registered professional land surveyor or LICENSED STATE LAND SURVEYOR who is responsible for the practice.
? 1071.354. JURISDICTION OF LICENSED STATE LAND SURVEYORS.
A LICENSED STATE LAND SURVEYOR may perform surveys under Section 21.011, Natural Resources Code, and is subject to the commissioner’s direction in matters of land surveying in cases that come under the supervision of the commissioner. The jurisdiction of the license holder is coextensive with the limits of the state.
