HBA-CMT H.B. 1253 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1253
By: Yarbrough
Licensing & Administrative Procedures
2/22/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Professional Land Surveying Practices Act provides that a
person who fails an examination for certification as a
surveyor-in-training, registration as a professional land surveyor, or
licensure as a state land surveyor wait six months before a subsequent
examination may be given.  Also, if a complaint is filed against a
licensee, that complaint remains a part of the licensee's permanent record.
House Bill 1253 eliminates the six-month waiting period for a subsequent
examination upon failure of the original examination, and requires the
Texas Board of Professional Land Surveying to expunge a complaint that the
board determines not to be a violation from a licensee's record. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1253 amends the Professional Land Surveying Practices Act to
delete the provision that prohibits a subsequent examination certification
as a surveyor-in-training, registration as a professional land surveyor, or
licensure as a state land surveyor from being taken earlier than six months
after the date of the failed examination.  The bill requires the Texas
Board of Professional Land Surveying (board) to expunge a complaint from
the records of the board if, after an investigation of a complaint, the
board determines that a registrant or licensee did not violate the
Professional Land Surveying Practices Act or a rule or regulation of the
board. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.