SECTION 138.57. Surveyors Shall Be Objective and Truthful

(a) Surveyors shall issue statements only in an objective and truthful manner. The issuance of oral or written assertions in the practice of surveying shall not be:

(1) fraudulent;

(2) deceitful; or

(3) misleading or shall not in any manner whatsoever tend to create a misleading impression.

(b) Surveyors shall make affected parties aware of the surveyors' professional concerns regarding particular actions or projects, and of the consequences of surveying decisions or judgments that are overruled or disregarded.

(c) The surveyor shall disclose a potential conflict of interest to a potential or current client or employer upon discovery of the possible conflict.

(d) A potential conflict of interest exists when a surveyor accepts employment when a reasonable probability exists that the surveyor's own financial, business, property, or personal interests may affect any professional judgment, decisions, or practices exercised on behalf of the client or employer. A surveyor may accept such an employment only if all parties involved in the potential conflict of interest are fully informed in writing and the client or employer confirms the knowledge of the potential conflict in writing. A surveyor in a potential conflict of interest employment shall maintain the interests of the client and other parties as provided by §138.61 of this title (relating to Surveyors Shall Maintain Confidentiality of Clients) and other rules and statutes.

Source Note: The provisions of this §138.57 adopted to be effective April 1, 2021, 46 TexReg 2018; amended to be effective July 3, 2022, 47 TexReg 3688