83R3450 JMM-F
By: Smith H.B. No. 661
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of professional
surveying; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1071.256(a), Occupations Code, is
amended to read as follows:
(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. The written examination may be
administered electronically.
SECTION 2. Subchapter I, Chapter 1071, Occupations Code, is
amended by adding Section 1071.406 to read as follows:
Sec. 1071.406. TEMPORARY SUSPENSION. (a) The presiding
officer of the board shall appoint a disciplinary panel consisting
of three board members to determine whether a person's license or
certificate of registration to practice under this chapter should
be temporarily suspended.
(b) If the disciplinary panel determines from the
information presented to the panel that a person licensed or
registered to practice under this chapter would, by the person's
continued practice, constitute a continuing threat to the public
welfare, the panel shall temporarily suspend the license or
certificate of registration of that person.
(c) A license or certificate of registration may be
suspended under this section without notice or hearing on the
complaint if:
(1) institution of proceedings for a contested case
hearing is initiated simultaneously with the temporary suspension;
and
(2) a hearing is held under Chapter 2001, Government
Code, and this chapter as soon as possible.
(d) A temporary suspension under this section expires on the
46th day after the date the temporary suspension is imposed if the
board has not scheduled a hearing to take place before that date or
if, at the board's request, the hearing is continued beyond the 45th
day after the date the suspension is imposed.
(e) Notwithstanding Chapter 551, Government Code, the
disciplinary panel may hold a meeting by telephone conference call
if immediate action is required and convening the panel at one
location is inconvenient for any member of the panel.
SECTION 3. Section 1071.452(a), Occupations Code, is
amended to read as follows:
(a) The amount of an administrative penalty may not exceed:
(1) $1,500 for each violation; or
(2) $25,000 for multiple violations in a single case
of a single provision of this chapter or of a rule or order adopted
under this chapter.
SECTION 4. Subchapter K, Chapter 1071, Occupations Code, is
amended by adding Section 1071.5035 to read as follows:
Sec. 1071.5035. CIVIL PENALTY: ENGAGING IN ACTIVITY WITHOUT
LICENSE OR REGISTRATION. (a) A person who does not hold a license
or certificate of registration to practice and receives
consideration for engaging in activity for which a person is
required to hold a license or certificate of registration under
this chapter is liable for a civil penalty.
(b) The amount of a civil penalty under this section may not
be less than an amount equal to the value of the consideration
received by the person or more than three times that amount.
(c) At the request of the board, the attorney general or a
district or county attorney may bring an action in district court to
recover a civil penalty under this section.
(d) A civil penalty collected under this section shall be
sent to the comptroller for deposit in the general revenue fund.
SECTION 5. Section 1071.452(a), Occupations Code, as
amended by this Act, applies only to a violation that occurs on or
after the effective date of this Act. A violation that occurs
before that date is governed by the law in effect on the date the
violation occurred, and the former law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2013.