SECTION 138.55. Surveyors Shall Protect the Public

(a) Surveyors shall be entrusted to protect the health, safety, property, and welfare of the public in the practice of their profession. The public as used in this section and other rules is defined as any individual(s), client(s), business or public entities, or any member of the general population whose normal course of life might reasonably include an interaction of any sort with the surveying work of the registration holder.

(b) Surveyors shall not perform any surveying function which, when measured by generally accepted surveying standards or procedures, is reasonably likely to result in the endangerment of lives, health, safety, property, or welfare of the public. Any act or conduct which constitutes incompetence or gross negligence, or a criminal violation of law, constitutes misconduct and shall be subject to disciplinary action by the board.

(c) Surveyors shall first notify involved parties of any land surveying decisions or practices that might endanger the health, safety, property or welfare of the public. When, in a surveyor's judgment, any risk to the public remains unresolved, that surveyor shall report any fraud, gross negligence, incompetence, misconduct, unethical or illegal conduct to the board or to proper civil or criminal authorities.

Source Note: The provisions of this §138.55 adopted to be effective April 1, 2021, 46 TexReg 2018