The Texas Board of Professional Land Surveying is the regulatory agency for land surveyors in Texas. The Board recently came under review by the Sunset Advisory Commission, which recognized the importance of regulating the profession of land surveying, but found that the Board, as currently structured, cannot effectively regulate land surveyors.
This finding means that the Board is at risk of being dismantled. The Sunset Advisory Commission’s findings, the Board's response, and public comments are under review and once complete, a final decision will be handed down. The Commission recommends that the responsibility of regulating Texas land surveyors be transferred to the Texas Board of Professional Engineers, "which could more effectively regulate this important profession with its well-developed complaint and investigation procedures."
Sunset Advisory Commission Determines Agency Cannot Effectively Regulate Land Surveyors
In the Commission's Staff Report it determined that the Texas Board of Professional Land Surveying has "increasingly struggled to carry out several key functions" since its last review in 2003. The chief concern is the Board's enforcement process that handled complaints made against land surveyors and other issues regarding licensure of individuals. The Commission found that the complaint resolution timeframes have increased every year since 2012 and are now "unacceptably long." Currently it currently it takes over two years on average for a complaint against a land surveyor to be resolved.
The Commission also found the Board was "unable to provide consistent accounting information and standard licensing and enforcement data, limiting Sunset staff ’s, as well as the board’s and agency’s, ability to analyze and evaluate operations to make needed improvements." The Board argues that this is due to their need for improved data systems, which are cost-prohibitive to obtain. The Sunset Advisory Commission argues that the Board " does not use basic functions available in its current systems to run on-demand reports that would help evaluate and improve its operations at no additional cost."
A public hearing was held before the Sunset Advisory Commission in December. You can stay abreast of updates on the Commission's decision on whether the Texas land surveying program will be transferred to the Texas Board of Professional Engineers here.
Professional License Defense
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If you have been notified of a complaint filed against you with the Texas Board of Professional Land Surveying, or any professional licensing board in Texas, BERTOLINO LLP can help. We are experienced license defense attorneys and we are prepared to represent you at any legal hearing or proceeding regarding your professional license.
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