SECTION 138.37. Sealing Misconduct

(a) A registration holder is guilty of misconduct and subject to disciplinary action if the registration holder:

(1) knowingly signs or seals any surveying document or product if its use or implementation may endanger the health, safety, property or welfare of the public.

(2) signs or affixes a seal on any document or product when the registration is inactive or has been revoked, suspended, or has expired.

(3) allows others access to his or her electronic files containing his or her seal and/or electronic signature, unless access is explicitly authorized for particular surveying work.

(b) A person not registered by the board shall not use, cause to be used, affix, or cause to be affixed or in any other manner, regardless of the means, attach or in any way depict a surveying seal or a representation of a surveying seal without the express permission of the currently active registration holder.

(c) A person shall not use, cause to be used, affix, cause to be affixed, or in any other manner, regardless of the means, attach or in any way depict a fraudulent surveying seal or a fraudulent representation of a surveying seal.

Source Note: The provisions of this §138.37 adopted to be effective April 1, 2021, 46 TexReg 2017; amended to be effective July 3, 2022, 47 TexReg 3688