| (a) Any firm or other business entity shall not offer
or perform surveying services to the public unless registered with
the board, pursuant to the requirements of Chapter 136 of this title
(relating to Firm Registration).
(b) A firm shall provide that at least one full-time
active registration holder is employed with the entity and that an
active registration holder performs or directly supervises all surveying
work and activities that require a registration that are performed
in the primary, branch, remote, or project office(s).
(c) An active registration holder who is a sole practitioner
shall satisfy the requirement of the regular, full-time employee.
(d) No surveying services are to be offered to or performed
for the public in Texas by a firm while that firm does not have a
current certificate of registration.
(e) A business entity that offers or is engaged in
the practice of surveying in Texas and is not registered with the
board or has previously been registered with the board and whose registration
has expired shall be considered to be in violation of the Act and
board rules and will be subject to administrative penalties as set
forth in the Act and board rules.
(f) The board may revoke a certificate of registration
that was obtained in violation of the Act and/or board rules including,
but not limited to, fraudulent or misleading information submitted
in the application or lack of employee relationship with the designated
professional surveyor for the firm.
(g) If a firm has notified the board that it is no
longer offering or performing surveying services to the public, including
the absence of a regular, full-time employee who is an active professional
surveyor registered in Texas, the certificate of registration record
will be placed in inactive status until the board is notified of resumed
offering and performing of services. If the firm certificate of registration
is inactive, the certificate of registration will expire under the
same requirements of subsection (e) of this section unless renewed.
(h) All surveying documents released, issued, or submitted
by or for a registered surveying firm, including preliminary documents,
must clearly indicate the firm name and registration number.
(i) A firm registered under Chapter 136 of this title
may voluntarily surrender the registration by submitting a request
in writing provided that the firm:
(1) is in good standing; and
(2) does not have an enforcement case pending before
the board.
(j) A firm registration that has been voluntarily surrendered
may not be renewed. A firm which has voluntarily surrendered a registration
may apply for a new registration.
(k) Each firm offering surveying services to the public
shall notify consumers and service recipients of the name, mailing
address, and telephone number of the board for the purpose of directing
complaints to the board. This can be accomplished by:
(1) A sign prominently displayed in the place of business
of each registrant offering professional land surveying services;
(2) On a bill for professional land surveying service;
(3) On each written contract for services; or
(4) On a firm's website.
|
