Bill Text: TX HB661 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation of the practice of professional surveying; providing penalties.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-02-14 - Referred to Licensing & Administrative Procedures [HB661 Detail]
Download: Texas-2013-HB661-Introduced.html
| 83R3450 JMM-F | ||
| By: Smith | H.B. No. 661 | |
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| relating to the regulation of the practice of professional | ||
| surveying; providing penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1071.256(a), Occupations Code, is | ||
| amended to read as follows: | ||
| (a) The board shall prescribe the scope of the written | ||
| examination and examination procedures with special reference to | ||
| the applicant's ability in order to protect the public safety, | ||
| welfare, and property rights. The written examination may be | ||
| administered electronically. | ||
| SECTION 2. Subchapter I, Chapter 1071, Occupations Code, is | ||
| amended by adding Section 1071.406 to read as follows: | ||
| Sec. 1071.406. TEMPORARY SUSPENSION. (a) The presiding | ||
| officer of the board shall appoint a disciplinary panel consisting | ||
| of three board members to determine whether a person's license or | ||
| certificate of registration to practice under this chapter should | ||
| be temporarily suspended. | ||
| (b) If the disciplinary panel determines from the | ||
| information presented to the panel that a person licensed or | ||
| registered to practice under this chapter would, by the person's | ||
| continued practice, constitute a continuing threat to the public | ||
| welfare, the panel shall temporarily suspend the license or | ||
| certificate of registration of that person. | ||
| (c) A license or certificate of registration may be | ||
| suspended under this section without notice or hearing on the | ||
| complaint if: | ||
| (1) institution of proceedings for a contested case | ||
| hearing is initiated simultaneously with the temporary suspension; | ||
| and | ||
| (2) a hearing is held under Chapter 2001, Government | ||
| Code, and this chapter as soon as possible. | ||
| (d) A temporary suspension under this section expires on the | ||
| 46th day after the date the temporary suspension is imposed if the | ||
| board has not scheduled a hearing to take place before that date or | ||
| if, at the board's request, the hearing is continued beyond the 45th | ||
| day after the date the suspension is imposed. | ||
| (e) Notwithstanding Chapter 551, Government Code, the | ||
| disciplinary panel may hold a meeting by telephone conference call | ||
| if immediate action is required and convening the panel at one | ||
| location is inconvenient for any member of the panel. | ||
| SECTION 3. Section 1071.452(a), Occupations Code, is | ||
| amended to read as follows: | ||
| (a) The amount of an administrative penalty may not exceed: | ||
| (1) $1,500 for each violation; or | ||
| (2) $25,000 for multiple violations in a single case | ||
| of a single provision of this chapter or of a rule or order adopted | ||
| under this chapter. | ||
| SECTION 4. Subchapter K, Chapter 1071, Occupations Code, is | ||
| amended by adding Section 1071.5035 to read as follows: | ||
| Sec. 1071.5035. CIVIL PENALTY: ENGAGING IN ACTIVITY WITHOUT | ||
| LICENSE OR REGISTRATION. (a) A person who does not hold a license | ||
| or certificate of registration to practice and receives | ||
| consideration for engaging in activity for which a person is | ||
| required to hold a license or certificate of registration under | ||
| this chapter is liable for a civil penalty. | ||
| (b) The amount of a civil penalty under this section may not | ||
| be less than an amount equal to the value of the consideration | ||
| received by the person or more than three times that amount. | ||
| (c) At the request of the board, the attorney general or a | ||
| district or county attorney may bring an action in district court to | ||
| recover a civil penalty under this section. | ||
| (d) A civil penalty collected under this section shall be | ||
| sent to the comptroller for deposit in the general revenue fund. | ||
| SECTION 5. Section 1071.452(a), Occupations Code, as | ||
| amended by this Act, applies only to a violation that occurs on or | ||
| after the effective date of this Act. A violation that occurs | ||
| before that date is governed by the law in effect on the date the | ||
| violation occurred, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 6. This Act takes effect September 1, 2013. | ||
