| (a) Proposed amendments, deletions, or additions to
the board rules of practice and procedure may be submitted by the
staff or any board member. Board action to accept or amend the proposal
shall require a majority vote when a quorum is present at a meeting.
A proposal or amended proposal, as accepted by the board, can be promulgated
as an amendment, deletion, or addition to board rules by following
the procedures set out in Chapters 2001 and 2002 of the Texas Government
Code.
(b) The board shall accept a petition from an interested
person as defined in Texas Government Code, Chapter 2001, submitted
by at least 25 persons or by an association having at least 25 members
to adopt, delete, or amend a rule. For a petition under this section,
at least 51 percent of the total number of signatures required must
be of residents of this state. The petition must be filed with the
executive director at least 30 days and not more than 60 days prior
to a regular board meeting at which board action will be taken. Such
a petition must include, but need not be limited to, the following
requirements:
(1) Full name and complete mailing address and telephone
number of the petitioner on whose behalf the petition is filed.
(2) Reference to the rule which it is proposed to make,
change or amend, or delete, so that it may be identified and prepared
in a manner to indicate the word, phrase, or sentence to be added,
changed, or deleted from the current text, if any. The proposed rule
should be presented in the exact form in which it is to be published,
adopted, or promulgated.
(3) The desired effective date should be stated.
(4) Justification for the proposed action in narrative
form with sufficient particularity to fully inform the board and any
interested party of the facts upon which the petitioner relies, including
the statutory authority for the promulgation of the proposed rule.
(5) Include a brief statement detailing the desired
effect to be achieved by the proposed rule, change, or amendment or
deletion.
(6) A concise summary of the proposed rule, change,
or amendment.
(7) Signatures on the petition of the petitioners
and/or the attorney or representative of the petitioners.
(8) Any fee required by statute or board rules.
(c) Within 60 days after submission of a petition requesting
the adoption of a rule, the board either shall deny the petition in
writing, stating its reasons for the denial, or shall initiate rule
making proceedings in accordance with subsection (a) of this section
and by law.
(d) In any case in which a public emergency or imperative
public necessity so requires, the board may suspend the operation
of these sections to the extent authorized by law.
(e) Invalid Portions and Saving Provisions:
(1) If any subcategory, rule, section, subsection,
sentence, clause, or phrase of these rules is for any reason held
invalid, such decision shall not affect the validity of the remaining
portions of these sections. The board hereby declares that it would
have adopted these sections and such subcategories, rules, sections,
subsections, sentences, clauses, or phrases thereof irrespective of
the fact that any one or more of the subcategories, rules, sections,
subsections, sentences, clauses, or phrases be declared invalid.
(2) Since individual board rules are adopted, changed,
or deleted periodically, each rule herein will apply only to acts
occurring on or after the effective date of the rule. An act occurring
before the effective date of one or more of these rules will be governed
by the rules existing before the effective date, which rules are
continued in effect for this purpose as if these rules were not in
force. Any proceeding pending before the board on the effective date
of one or more of these rules is governed by the rules existing before
the effective date of these rules, which rules are continued in effect
for this purpose as if these rules were not in force.
(3) If there is any conflict between the agency's rules
and statutory provisions, and the rules cannot be harmonized with
the statute in a timely manner, the statutory provisions shall control.
The board shall issue a statement describing the irregularity, expected
schedule for correction, and necessary action by an effected party.
(f) The effective date of each rule or subdivision
of each rule shall be that date published as the effective date of
the rule or subdivision of the rule in the Texas Register as a result
of the rule making procedures set out in Chapters 2001 and 2002, Texas
Government Code.
(g) The board reserves the right to revise the format
of these rules of practice and procedure to comply with statutory
requirements, and such required revision shall not invalidate any
portion or change the effective date of the rules of practice and
procedure as adopted by the board.
(h) The board may not adopt a rule related to the scope
of practice of, the professional or technical standards for, or the
standards of conduct and ethics for land surveyors before considering
advice and recommendations from the surveying advisory committee described
in §1001.216 of the Act.
|
| Source Note: The provisions of this §131.85 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10164; amended to be effective July 16, 2009, 34 TexReg 4637; amended to be effective December 14, 2015, 40 TexReg 8888; amended to be effective December 11, 2016, 41 TexReg 9704; amended to be effective December 24, 2020, 45 TexReg 9202 |
