SECTION 138.63. Surveyors' Responsibility To The Profession

(a) Surveyors shall engage in professional and business activities related to the practice of surveying in an honest and ethical manner.

(b) The surveyor must:

(1) meet all of the applicable professional practice requirements of federal, state and local statutes, codes, regulations, rules, ordinances or standards in the performance of surveying services;

(2) exercise reasonable care or diligence to prevent the surveyor's partners, associates, and employees from engaging in conduct which, if done by the surveyor, would violate any provision of the Surveying Act, board rule, or any of the professional practice requirements of federal, state and local statutes, codes, regulations, rules or ordinances in the performance of surveying services;

(3) exercise reasonable care to prevent the association of the surveyor's name, professional identification, seal, firm or business name in connection with any venture or enterprise which the surveyor knows, or should have known, is engaging in trade, business or professional practices of a fraudulent, deceitful, or dishonest nature, or any action which violates any provision of the Surveying Act or board rules;

(4) act as faithful agent for their employers or clients;

(5) conduct surveying and related business affairs in a professional manner in interactions with involved parties and employees. Unprofessional conduct may include, but is not limited to, misrepresentation in billing; sale and/or performance of unnecessary work; or conduct that harasses or intimidates another party; and

(6) practice surveying in a careful and diligent manner.

(c) The surveyor shall not:

(1) aid or abet, directly or indirectly, any unlicensed person or business entity in the unlawful practice of surveying;

(2) retaliate against a person who provides reference material for an application for a license or who in good faith attempts to bring forward an allegation of wrongdoing;

(3) give, offer, or promise to pay or deliver, directly or indirectly, any commission, gift, favor, gratuity, benefit, or reward as an inducement to secure any specific surveying work or assignment;

(4) accept compensation or benefits from more than one party for services pertaining to the same project or assignment; or

(5) solicit professional employment in any false or misleading advertising.

(d) Surveyors should strive to promote responsibility, commitment, and ethics both in the education and practice phases of surveying. They should attempt to enhance society's awareness of surveyors' responsibilities to the public and encourage the communication of these principles of ethical conduct among surveyors.

Source Note: The provisions of this §138.63 adopted to be effective April 1, 2021, 46 TexReg 2018