(a) Any firm or other business entity shall not offer or perform surveying services to the public unless registered with the board, pursuant to the requirements of Chapter 136 of this title (relating to Firm Registration).

(b) A firm shall provide that at least one full-time active registration holder is employed with the entity and that an active registration holder performs or directly supervises all surveying work and activities that require a registration that are performed in the primary, branch, remote, or project office(s).

(c) An active registration holder who is a sole practitioner shall satisfy the requirement of the regular, full-time employee.

(d) No surveying services are to be offered to or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.

(e) A business entity that offers or is engaged in the practice of surveying in Texas and is not registered with the board or has previously been registered with the board and whose registration has expired shall be considered to be in violation of the Act and board rules and will be subject to administrative penalties as set forth in the Act and board rules.

(f) The board may revoke a certificate of registration that was obtained in violation of the Act and/or board rules including, but not limited to, fraudulent or misleading information submitted in the application or lack of employee relationship with the designated professional surveyor for the firm.

(g) If a firm has notified the board that it is no longer offering or performing surveying services to the public, including the absence of a regular, full-time employee who is an active professional surveyor registered in Texas, the certificate of registration record will be placed in inactive status until the board is notified of resumed offering and performing of services. If the firm certificate of registration is inactive, the certificate of registration will expire under the same requirements of subsection (e) of this section unless renewed.

(h) All surveying documents released, issued, or submitted by or for a registered surveying firm, including preliminary documents, must clearly indicate the firm name and registration number.

(i) A firm registered under Chapter 136 of this title may voluntarily surrender the registration by submitting a request in writing provided that the firm:

(1) is in good standing; and

(2) does not have an enforcement case pending before the board.

(j) A firm registration that has been voluntarily surrendered may not be renewed. A firm which has voluntarily surrendered a registration may apply for a new registration.

(k) Each firm offering surveying services to the public shall notify consumers and service recipients of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. This can be accomplished by:

(1) A sign prominently displayed in the place of business of each registrant offering professional land surveying services;

(2) On a bill for professional land surveying service;

(3) On each written contract for services; or

(4) On a firm's website.

Source Note: The provisions of this §138.77 adopted to be effective January 1, 2021, 45 TexReg 9519