(a) A license or registration holder may renew a license or registration that has expired for 90 days or less by submitting to the board the required annual renewal fee, a late renewal fee and the continuing professional education documentation as required in §138.17 of this chapter (relating to Continuing Professional Education).
(b) A license or registration holder may renew a license or registration that has expired for more than 90 days but less than one year by submitting to the board the required annual renewal fee, a late renewal fee and the continuing professional education documentation as required in §138.17 of this chapter.
(c) A license or registration holder may renew a license or registration that has expired for more than one year but less than two years by submitting to the board the required annual renewal fee, a late renewal fee and the continuing professional education documentation as required in §138.17 of this chapter for each delinquent year or part of a year.
(d) A license or registration which has been expired for two years may not be renewed, but the former license holder may apply for a new license or registration as provided in the current Surveying Act and applicable board rules. Military service members, as defined in Texas Occupations Code, §55.001(4), may be granted up to two years of additional time to renew a license or registration.
(e) Annual renewal fees or late renewal fees will not be refunded unless incorrect fee was assessed through a documented procedural error by Board staff.
(f) In strict accordance with the provisions of the Texas Family Code, Chapter 232, pertaining to delinquent child support, if a license or registration holder's name has been provided by the OAG (Office of the Attorney General) as being in default of child support, the board shall not renew the license or registration of the license or registration holder on the renewal date following such notification. The board shall not renew or reinstate said license or registration unless the OAG certifies the individual has satisfied the requirements of the Texas Family Code, Chapter 232.
(g) Pursuant to Texas Occupations Code Chapter 55, a license or registration holder is exempt from any penalty imposed in this section for failing to renew the license or registration in a timely manner if the license or registration holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license or registration holder failed to renew in a timely manner because the license or registration holder was serving as a military service member as defined in Texas Occupations Code, §55.001(4).

Source Note: The provisions of this §138.9 adopted to be effective December 24, 2020, 45 TexReg 9206