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ACSM/NSPS
Division: Liaison
Division Officer: Coleen Johnson
Committee: ACSM/NSPS Committee
Chairman: Patrick Smith
No activity since the last board
meeting. I will be absent from the TSPS Annual Meeting due to my
attendance at the Fall NSPS meeting on October 21-24.
I will have an update on NSPS
activities for the next TSPS Quarterly Board meeting.
Respectfully Submitted
Patrick A. Smith, RPLS
COUNTY
CLERK LIAISON
DIVISION: Liaison DIV #:
3 DIVISION OFFICER: Coleen Johnson
COMMITTEE: County Clerk
Liaison (Defunct) CHAIRMAN REPORTING: Paul Carey
Having outlived its
usefulness and accomplished little, this committee was thankfully put to
rest as of the third quarterly meeting of 2005.
Respectfully submitted,
Paul Carey
GEOGRAPHIC
INFORMATION SYSTEMS
DIVISION:
LIAISON DIV#: 3 DIVISION OFFICER: Coleen
Johnson
COMMITTEE: Geographic Info.
Systems CHAIR REPORTING: Coleen Johnson
ANNUAL
COMMITTEE ACTIVITY REPORT
COMMITTEE MEMBERS: Jon Hodde,
Gary Hudson, Lynn Savory, Richard Worthey, Brianne Bernsen, Bill Coleman,
Paul Easley, Robert Young, Maxey Sheppard, Co-chair
Committee Tasks:
·
Work with Standards Committee to establish guidelines for use of GPS in
GIS Projects. To include a checklist that could be used by Client &
Provider to determine the scope of the work, deliverables, procedures and
anticipated levels of accuracy.
·
Continue development of GIS curriculum for use by Education Committee
·
Continue to monitor the relationship between GIS and Surveying industries
·
Work with TBPLS after legislative session to create and adopt Rules for
inclusion and exclusions
This committee has worked hard
this past year in accomplishing the following tasks:
-
On June 4, 2005 the TSPS Board of
Directors adopted the “GIS Category”. This GIS Category (to eventually
be included in the Texas Society of Professional Surveyor’s Manual of
Practice) was developed for use by surveyors in the State of Texas. It
is intended to be a guide for the professional surveyor and to serve as
a checklist for the development of contracts between the professional
surveyor and their clients. The TSPS GIS Committee has worked very hard
on this category over the past four years and has solicited comments
from surveyors and GIS professionals alike both in the State of Texas
and nationally. This category will be an important tool and guideline
for all Texas surveyors now and into the future.
-
A slightly revised version of the GIS
101 course was offered at the 2005 spring symposium held in Tyler.
-
Maxey Sheppard & I attended the Texas
Geographic Information Council (TGIC) quarterly meeting held in April.
Maxey will represent the TBPLS as a member of TGIC and I will be the
alternate representative.
-
The committee members have developed GIS
articles that have been printed in each issue of the Texas Surveyor
and Metes and Bounds.
-
The committee members are currently
working on the development of a second GIS course entitled GIS
Development which we hope to be ready for next year’s convention.
-
In July, Bill Coleman attended the ESRI
Survey & GIS Summit which was held prior to and in conjunction with the
ESRI International Users Conference in San Diego, CA. Texas was once
again well represented with several TSPS members in attendance. There
were several good seminars offered and it was a chance to network with
people from around the country.
-
Doug Turner with TBPLS has been assigned
the contact for GIS issues. Doug was invited to but was unable to
attend the August committee meeting held at Horseshoe Bay Resort. This
committee will continue their efforts in working with the TBPLS to
establish rules for inclusions and exclusions.
-
This committee will continue their
efforts in looking at the feasibility of creating a GIS professional
membership category. Currently, the GIS professionals would fall under
the Affiliate Category of membership and would not be able to vote or
hold office (except as Secretary/Treasurer).
I want to thank all of the
members of this committee for their hard work and thank President Kuelhem
for the opportunity to serve as Chair of this committee again this year.
Our very capable Brianne Bernsen will take over as Chair of this committee
next year.
Respectfully Submitted by:
Coleen M. Johnson, Chair
OIL AND GAS
Division: Liaison Division
Div. #: 3 Division Officer: Coleen Johnson
Committee: Oil and Gas
Liaison Chairman Reporting: Jon E. Hodde
No activity since last report. This has been a fairly
quiet year for the Oil and Gas Liaison Committee. Historically, this has
been a one-person committee that addresses issues as they arise and those
listed in the tasks. One item listed in the tasks that I addressed in the
June Board Meeting Report is as follows:
One of the tasks appointed to this committee includes
monitoring developments for drilling, to include requirements of Cities,
Counties and the R.R.C. Our company recently completed a Unit Survey of a
proposed Horizontal Well situated partly in the City of Brenham and within
its ETJ. The City and the County did not require any special permits or
council action. However, being near the Brenham Airport, the FAA requires
a permit/form be filed with their office to include such information as
Lat./Long. of the well, ground elevation at the well, distance and
direction from the nearest point on the runway, total proposed height of
the drilling rig, duration, etc.
This concludes this quarter and year-end report for
the Oil and Gas Liaison Committee.
It is my understanding, as a result of this years’
Strategic Planning Meeting, that this committee will not continue to
function for the upcoming year. If at some point issues arise that need
to be addressed, the committee will be re-activated at the discretion of
the TSPS President.
If anyone knows of anything that needs attention or
needs to be addressed by this committee, please let me know.
Committee Charge:
Continue to represent the objectives of TSPS before
the Oil & Gas Industry as well as the Texas Railroad commission. Keep TSPS
Executive committee and Board of directors informed of any actions
required by TSPS. Coordinate with other TSPS committees, as required by
issues of concern.
Task:
·
Visit with TxRRC regarding their GIS
Department;
·
Monitor Developments for drilling other
than RRC, i.e. Cities & Counties;
REAL ESTATE
Division:
Liaison Division Div. #: 3 Division
Officer: Coleen Johnson
Committee: Real
Estate Liaison (3.6) Chairman Reporting:
Jon E. Hodde
Committee Activity
Report
(Real Estate Liaison)
No activity since last
report. This has been a fairly quiet year for the Real Estate Liaison
Committee. Historically, this has been a one-person committee that
addresses issues as they arise and those listed in the tasks. One issue
that was brought to my attention this year and reported at the June Board
Meeting is as follows, in part: A draft document titled “General
Information and Notice to a Buyer” produced by the TAR is under review.
There is no mention of or language about surveys in the document. The
document was discovered by surveyor Darin Harwell, which responded by
email to Ron Walker, Director of Legal Affairs, TAR. He presented a good
explanation of the necessity of surveys in real estate transactions as
well as the need for the survey language in the proposed document. Pat
Smith also corresponded with Ron Walker and gave his opinions. Thanks to
Darin and Pat for bringing this to our attention and their expedient
response. I think this a good example of the importance of TSPS
membership and working together for the benefit of all.
If anyone knows of
anything that needs attention or needs to be addressed by this committee,
please let me know.
I welcome any input and
suggestions from past committee members and the general membership. Listed
below is the committee charge and various tasks assigned to this
committee:
Committee
Charge:
Continue to represent the
objectives of TSPS before TAR. Keep TSPS Executive Committee and Board of
Directors informed of any actions required by TSPS. Develop a liaison
contact at TAR and hold a minimum of once-a-month discussions concerning
TSPS objectives and joint issues. Coordinate with other TSPS committees,
as required by issues of concern.
Tasks:
-
Deliver a report at each
quarterly board meeting responding to committee charges and task.
Discussing actions, no action, problems, contacts made, input or
concerns from other organization;
Through out the year
develop a short report to be presented and included in the annual business
meeting concerning the objects and concerns of this organization;
REAL ESTATE DIVISION OF STATE
BAR
DIVISION: LIAISON DIV
#: 3 DIVISION OFFICER: COLEEN JOHNSON
COMMITTEE: REAL ESTATE DIVISION
OF STATE BAR
CHAIRMAN REPORTING: MARK J.
HANNA
The Committee continues
to monitor recent Texas real estate law cases and summaries prepared by
the Real Estate Section of the State Bar of Texas and published in The
Texas Surveyor.
TBPLS
DIVISION: Liaison DIV #:
3 DIVISION OFFICER: Coleen Johnson
COMMITTEE: TBPLS Liaison
CHAIRMAN REPORTING: Bill O’Hara
The Texas Board of
Professional Land Surveying met June 17, 2005, and again on July 22, 2005,
at the Board offices in Austin. Previous reports from this committee
highlighted those meetings. The TBPLS will meet next at the Renaissance
Hotel in Austin in conjunction with the TSPS Annual Meeting. This report
will present TBPLS issues that have risen since the July 22nd
meeting.
Emergency Rule 661.51
The Board has adopted an emergency rule
(661.51) that will expedite the Reciprocal Application Process for
registered surveyors who have been displaced by Hurricane Katrina. The
emergency rule is effective September 9, 2005, and will remain in effect
until January 6, 2006, unless the Board authorizes the Executive Director
to extend the emergency rule for an additional 60 days.
Recent legislation
HB3101 requires that a
plat or replat filed after September 1, must have attached to it a tax
receipt issued by the collector for each taxing unit with jurisdiction of
the property showing the taxes have been paid.
HB 2179 amended Section
1071.002 of the Professional Land Surveying Practices Act (Act), to
include “acquiring survey data and preparing technical reports” into the
definition of professional surveying. The Board will be addressing the
ramifications of the definition change in the coming months and adding,
revising or deleting rules as required.
HB 2179 amended Section
1071.002 of the Professional Land Surveying Practices Act (Act), to
include “acquiring survey data and preparing technical reports” into the
definition of professional surveying.
HB 207 adds Section
1071.1527 to the Act, “The board by rule may adopt reduced certificate of
registration and license fees and annual renewal fees for land surveyors
who are at least 65 years of age.” The Board is considering rules to
implement the new section.
HB 854 adds surveyors to
Section 150 of the Civil Practice and Remedies Code,
“(a) In any action for
damages alleging professional negligence by a licensed or registered
[design] professional, the plaintiff shall be required to file with
the complaint an affidavit of a third-party registered architect,
registered professional land surveyor, or licensed professional
engineer competent to testify and practicing in the same area of practice
as the defendant, which affidavit shall set forth specifically at least
one negligent act, error, or omission claimed to exist and the factual
basis for each such claim. The third-party professional engineer,
registered professional land surveyor, or registered architect shall
be licensed in this state and actively engaged in the practice of
architecture, surveying, or engineering.”
New Rules
The Board has adopted the
following new rules:
Rule 661.99 Sanctions and
Penalty Matrix
Rule 661.100 Probation
Guidelines
Rule 661.102 Alternative
Dispute Resolution for Personnel and Contracting Matters
Rule 661.104 Negotiated
Rulemaking
A complete copy of all new
rules can be found on the Board’s web site,
www.txls.state.tx.us
2005 renewals using
TexasOnLine
Beginning November 1, an
RPLS with at least 8 hours of continuing education on file with the Board
can renew their license over the Internet 24 hours a day, 7 days a week.
The RPLS may access TexasOnLine at
www.texasonline.com
or through the Board’s web site and can charge it to a major credit card
and print a receipt for your records. In order to avoid penalty fees you
must pay your renewal fee by December 31, 2005.
Fee increases
Recent legislative action
resulted in a requirement to generate $517,466 from fees. This amount is
exclusive of funding collected from the $200 increase imposed in the 2003
legislative session. Due to this requirement the following fees will
become effective September 1, 2005:
The application fee is
raised from $100 to $125.
The examination fee is
raised from $125 to $150.
The RPLS renewal fee is
raised from $350 to $364.
The LSLS renewal fee is
raised from $38 to $40.
The RPLS Inactive fee is
raised from $37 to $40.
Request for opinion
from the attorney general
The Board requested an
opinion from the Attorney General regarding enforcement of subdivision
platting orders on the following three questions:
1. When a surveyor
prepares a survey describing the boundaries of a tract of land then a land
owner subdivides the tract in violation of a county’s local platting
order, can the surveyor be held accountable for the violation?
2. Can surveyors
be held responsible for complying with laws that were adopted after the
completion date of work products?
3. Can surveyors
be held responsible for how a property owner uses their work products?
A complete copy of the
Board’s request can be found on the Office of the Attorney General’s web
site,
www.oag.state.tx.us
under the menu heading “Opinions”, “Request for Opinions” and numbered
RQ-0348-GA.
From the Investigator:
71 complaints were
investigated during fiscal year 2004. In fiscal year 2005, 54 complaints
have been or are under investigation.
Respectfully submitted,
Bill O’Hara, RPLS, LSLS
Liaison Committee Chairman
TX
ASSOCIATION OF APPRAISAL DISTRICTS
DIVISION: Liaison DIV #: 3
DIVISION OFFICER: Coleen Johnson
COMMITTEE: Texas Association of
Appraisal Districts
CHAIRMAN REPORTING: Chester A. Varner
There was no activity this quarter. Due to the fact that it is hard to get
in with the Appraisal District it is my recommendation that this Committee
be looked at to either combine with another Liaison committee or
discontinued. After many attempts to make contact with these people and
only being invited to buy booth space at there convention, I have the
feeling that they are not interested in working with us. We may something
to offer them with our GIS Standards. It was my recommendation at our
planing session that this committee be discontinued.
TXDOT
DIVISION:
Liaison Division #3 Division Officer Coleen
Johnson
COMMITTEE: TxDOT
Chairperson Reporting John F. Pierce
TSPS Strategic Planning Goals
from August 12 & 13, 2004
1.
Get a requirement for all
technicians on TxDOT projects to be certified.
2.
Get a RPLS on staff in
each TxDOT District.
3.
Get a requirement for
TSPS standards on all work order.
The Texas Department of
Transportation’s Standing Committee On Surveying (SCOS) met August 18,
2005. The revised Survey Manual (formally the Survey Guide) is being
prepared to go on line soon. The new GPS Manual is on line now.
Recommendations have been made to the Construction Division, looking at a
construction project from the surveying point of view. Preliminary
discussion of the March 2006, SCOS sponsored annual meeting for TxDOT
survey personnel has been started. The San Antonio district is beginning
to give credit during interviews to firms with CST’s.
TEXAS LAND TITLE
ASSOCIATION
DIVISION: Liaison DIV #:
3 DIVISION OFFICER: Coleen Johnson
COMMITTEE: TEXAS LAND
TITLE ASSOCIATION
CHAIRMAN REPORTING: Michael Evans
The Texas Land Title
Association was very forthcoming with regard to acceptance of a liaison
from the Texas Society of Professional Surveyors this year. All of
registration fees and social event costs for their annual convention were
complimentary which was a special gesture and very much appreciated.
Everyone including
Executive Director Leslie Midgley, Director of Education and Meetings
Nancy Ebert, Education and Meetings Coordinator Lynne Daves, and Executive
Assistant Mary Beth Kiser, all with whom I dealt this year in their
official capacities, were wonderful and professional people with whom to
work.
As an out of the ordinary
step, this year I attended a TLTA Board of Directors meeting in Austin,
and was given time to introduce myself, give a little background on TSPS,
talk about our mutual goals, and offer any member to member contact
opportunities to the board of directors directly and to any member that
might have needed to speak directly with a surveyor on any matters upon
which they may have had questions.
This has been a great
experience, and I recommend that we continue to have a close liaison with
TLTA in an effort to continue an important dialogue with a closely allied
profession.
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