SECTION 138.51. General Practice

(a) The practice of the land surveying profession is essential to the orderly use of our physical environment, and the technical work resultant thereof has important effects on the welfare, property, economy, and security of the public; therefore, the practice of professional land surveying shall be conducted with the highest degree of ethical standards.

(b) Registration holders having knowledge of any alleged violation of the Act and/or board rules shall cooperate with the board in furnishing such information or assistance as may be required.

(c) A registration holder shall respond to the board in writing to all written requests for information regarding all inquiries under the jurisdiction of the board no later than 21 days of receipt or by the date specified in board correspondence. A registration holder shall fully comply with final decisions and orders of the board. Failure to comply with these matters will constitute a separate offense of misconduct and will subject the registration holder to any of the penalties provided under §1001.451(2), (3), or (4) and §1001.501.

(d) Any registration holder who directly or indirectly enters into any contract, arrangement, plan, or scheme with any person, firm, partnership, association, or corporation or other business entity which in any manner results in a violation of §138.77 of this title (relating to Firm Registration Compliance) shall be subject to legal and disciplinary actions provided under §1001.451(2), (3), or (4) and §1001.501. Professional surveyors shall perform or directly supervise the surveying work of any subordinates as characterized in §131.2 of this title (relating to Definitions). Under no circumstances shall surveyors work in a part-time arrangement with a firm not otherwise in full compliance with §138.77 of this chapter in a manner that could enable such firm to offer or perform professional surveying services.

(e) A registered professional land surveyor may offer or perform surveying services on a full or part-time basis as a firm or other business entity if registered pursuant to the requirements of Chapter 136 of this title (Relating to Firm Registration).

Source Note: The provisions of this §138.51 adopted to be effective April 1, 2021, 46 TexReg 2018