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Posted By Bill O'Hara, RPLS #4878,
Thursday, June 8, 2017
Updated: Tuesday, June 6, 2017
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The 85th Regular Session of the Texas Legislature came to a close sine die on Monday, May 29th. As expected this was an interesting session to observe. Here is a final status report of the bills we were watching and information regarding TBPLS. Go to the Texas Legislature Online website for the text and full report on these bills.
House Bill (HB) 106 (Sponsored by Rep. Armando "Mando" Martinez | Rep. Ryan Guillen | Rep. Cesar Blanco)
Relating to certain images captured by unmanned aircraft.
- Voted on by the House.
- It’s companion bill SB 840 (Sponsored by Sen. Judith Zaffirini) identical to HB 106 was voted on by the Senate, then by the House and is now waiting on action by the Governor.
HB 352 (Sponsored by Rep. Andrew Murr | Rep. Paul Workman)
Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.
- Did not reach the House floor for a vote
HB 1325 (Sponsored by Rep. Poncho Nevarez)
Relating to the application of the sales and use tax to certain services involving real property (including land surveying services); our so called “sales tax” bill.
- Did not reach the House floor for a vote.
HB 2343 (Sponsored by Rep. Paul Workman ӏ Rep. Charles Anderson ӏ Rep. Jason Villalba)
Relating to prerequisites to asserting certain claims arising from certain construction defects. This bill included surveying in the definition of “construction defect” and included surveyor in the definition of “Design Professional.”
- Did not reach the House floor for a vote.
HB 3352 (Sponsored by Rep. Garnet Coleman)
Relating to civil penalties against subdividers of land.
- Left pending in committee.
Senate Bill (SB) 71 (Sponsored by Sen. Judith Zaffirini)
Relating to transfer of certain state real property (bed of San Marcos river within corporate limits of the City) to the City of San Marcos.
- Was not voted out of committee.
SB 127 (Sponsored by Sen. Donald Huffines)
Relating to internet broadcast of TBPLS meetings.
- Was not voted out of committee.
SB 627 (Sponsored by Sen. Charles Schwertner | Sen. Brian Birdwell | Sen. Konni Burton | Sen. Charles Creighton | Sen. Bob Hall | Sen. Donald Huffines | Sen. Lois Kolkhorst | Sen. Robert Nichols | Sen. Kel Seliger | Sen. Judith Zaffirini)
Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.
- Passed the Senate but did not reach the House.
TBPLS was granted the one-half FTE as requested and the approved budget provides the needed funding for that position. TBPLS is therefore fully funded for the coming biennium although the agency must contribute about $12,000 per year toward its budget. That money will come from its online seminars and possibly additional cost saving measures.
The Sunset Review process for TBPLS has begun. Tony Estrada, Executive Director and his staff are preparing a report due to the Sunset Commission by September 1, 2017. The Legislature left our licensing board alone this past session; there were no efforts to consolidate, defund or kill it, but next session could be different. The sunset review process and the resulting Sunset Commission report will be critical going into the next regular legislative session in January 2019. TSPS will be assisting TBPLS with the process as much as possible.
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Posted By Kristen L. Evon,
Wednesday, April 5, 2017
Updated: Friday, March 31, 2017
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John Truong, RPLS #6514 - Chapter 5 (Dallas)
TSPS: How/why did you get into surveying?
JT: I had just graduated from the University of Texas at Dallas and was looking for a job. A college friend of mine was working for a title company that was owned by a fellow fraternity brother. I reached out for an IT position, which is what I went to school for, and the owner mentioned he had a CAD position available for his survey firm. At that point I had only taken one semester of AutoCAD drafting in high school, but decided to take the job anyway, telling myself it would be temporary so I could continue my job search in the field that I studied. Over a decade later, I’m an RPLS and living the good life!
TSPS: Why did you join TSPS?
JT: I was searching for new job opportunities and a friend of mine suggested I come to a TSPS meeting to see if anyone was hiring. I attended my first meeting and found it to be very valuable, both in helping the general public understand all that surveying entails and for meeting fellow professional colleagues. Ultimately, I was able to network and found a new job. I feel that TSPS is a great resource and provides a general forum to ask professionals for their honest opinions regarding surveying.
TSPS: What is your most memorable surveying moment?
JT: There are a couple:
- Surveying in the freezing rain / fog and having to wipe down the lens of the “robot” every few minutes.
- Crawling through a ravine trying to locate corners and finding out that we were in the thick of poison ivy country
JT's favorites:
Color: Lavender
Food: Tacos/Pizza ie. SNL- "Taco Town"
Animal: Liger, it's like a lion and a tiger mixed, bred for its skills in magic.
Movie: Scott Pilgrim vs. The World
Singer/band/group: Lionel Richie / Queen / The Lonely Island
Hobbies: Reading, my book club thinks I’m neat! I also like to get engaged with my local community. I’m a member and chair of the Frisco Young Professionals (FYP) and a class member of Leadership Frisco. FYP is a group of like-minded, successful individuals that are interested in helping their community become an attractive and dynamic place for young professionals to engage in professional, personal, and civic development. The purpose of Leadership Frisco is to develop a pool of qualified, highly motivated individuals who are interested in expanding their leadership skills, deepening their sense of civic responsibility, and becoming more involved in their community as a whole.
JT currently serves at the 1st Vice President of TSPS Chapter 5 - Dallas and works at Cobb, Fendley & Associates in Frisco, TX.
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Posted By Bill O'Hara, RPLS #4878,
Wednesday, April 5, 2017
Updated: Tuesday, April 4, 2017
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TSPS Legislative Day was held on March 22, 2017.
The 85th Regular Session of the Texas Legislature began January 10 (2nd Tuesday) and will be in session for 140 days until Adjournment sine die on May 29th. Bill pre-filing began November 14, 2016 and the 60-day bill filing deadline was March 10th. A large number of bills were filed during the bill filing period, several of which could have an impact on the Surveying Profession. In addition, the Texas Board of Professional Land Surveying (TBPLS) is up for Sunset Review beginning soon after the session adjourns sine die. TSPS, through its Executive Director DJ Kyle, Legal and Legislative Counsel Mark Hanna, Executive Committee, Governmental Affairs Committee, and members have been watching the progress of these bills and prepare to respond in favor or against the bills when appropriate. TSPS organized a Legislative Day at the Capitol for March 22nd. Members able to attend the event were asked to make appointments to meet with their State Representative and Senator during the day. The appointments were compiled into a list and groups of TSPS members spread out through the Capitol for meetings with 20 Legislators and/or their staff. Being in the Texas Capitol during session, traversing from one office to another, being actively involved in the process is quite an experience. For the most part, our groups were greeted by and met with intelligent, attentive, note-taking staff and/or their boss the legislator.
The following messages were delivered to the legislators:
TSPS Supports the Texas Board of Professional Surveying as an independent licensing agency which is functional and vital in carrying out its duties of oversight, rule review/development, regulation and enforcement of the surveying profession to maintain the necessary level of protection for the health, safety and welfare of the citizens of Texas. TSPS Respectfully Requests that the members of the Texas Legislature support the TBPLS by voting to include the Board’s Legislative Appropriation Request in HB 1 and SB 1 . . . and if possible . . . by approving funding for an additional part-time person to assist with the administration of complaints (0.5 FTE).
The TBPLS will be reviewed by the Sunset Commission in 2017, beginning soon after the Eighty-Fifth Regular Session adjourns sine die on May 29, 2017. During that process, TSPS will support the continuation of the TBPLS as an independent licensing agency which is necessary for the health, safety, and welfare of the citizens of Texas.
TSPS supports HB 1325 by Representative Navarez – Under current law, surveying services (the surveying of real property) are the only professional services subject to the sales and use tax. HB 1325 would remove those services from Section 151.0048(a) of the Tax Code.
TSPS supports SB 127 by Senator Huffines – This legislation would require the TBPLS to broadcast over the Internet live video and audio of each open meeting of the Board and provide access to the broadcast on the Board’s Internet website. This would allow land surveyors and the public to observe the board meetings without traveling to Austin.
TSPS is monitoring HB 106 by Representative Martinez – This bill amends current law regarding certain images captured by an unmanned aircraft. TSPS will monitor HB 106 to assure that the current provision authorizing the use of unmanned aircraft by a registered professional land surveyor in connection with the practice of professional surveying remains intact. SB 838 by Senator Zaffarini is a companion bill.
TSPS is monitoring HB 352 by Representative Murr – HB 352 adds Section 11.098 to the Water Code so as to provide a procedure by which a state agency may issue an opinion that a water course is navigable and a process for the effected land owner to challenge the opinion. TSPS will monitor this legislation to assure compliance with applicable state law regarding the surveying of real property.
Thank you to the TSPS members who made appointments and were able to attend our Legislative Day. The day was a big success thanks to your efforts and time. Also, special thanks to Timo Garza - a new TSPS Affiliate member and former State Representative, Mark Hanna - TSPS Legal and Legislative Counsel, and DJ Kyle - TSPS Executive Director for their expert assistance in preparing for the Legislative Day and guidance in making the legislative contacts.
View TSPS Legislative Day Photos Here
Attached Thumbnails:
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Posted By Trisha Lund, RPLS and Anna Burroughs, SIT,
Wednesday, February 8, 2017
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Did you know that TSPS the best source for obtaining your CEUs? Yes, we are sure most of you know about the awesome courses presented at Convention and the really thoughtful and insightful courses developed by our members themselves and presented at Symposium; but, did you know that being active in TSPS can provide additional CEU opportunities? By attending chapter meetings and becoming active on committees, you have the opportunity to get to know fellow surveyors and learn from their experiences in addition to fulfilling annual licensing requirements.
In a recent trip to a Chapter 10 (Permian Basin) meeting, Trisha realized the discussion that arose from the Ethics Committee Report provided so much insight into surveying in that region, that she found it more informative than some of the most well rounded speakers on the subject. It gave her an opportunity to witness members opening up and enlightening other members, who have not been in the area as long, about some very pertinent and informative advice. In this case, some considerably obscure court cases and decisions, that, if unaware of when working in the area, could result in some very wrong surveys.
Over the past few years we have heard comments, questions and concerns about earning Continuing Education Units (CEUs) and how TSPS can help. As everyone is aware, surveyors are required to have at least 12 hours of CEUs per year to renew their license; three of which must be Rules or Ethics taken every year and cannot be carried over from any previous year. You are able to carry over up to eight units from the previous year. (Ref. Texas Board of Professional Surveyors website “self-study” and The Act & Rules 664.3 and 664.4).
From Trisha’s experience with her home chapter, Chapter 11 (Alamo), she was always under the impression that in order for credit to be approved, a speaker had to be at the meeting and a brief bio had to be presented to the TBPLS, as Chapter 11 has done for a number of years. Chapter 11 was also under the impression that members were required to attend 4 meetings a year to qualify for this credit. From Anna’s experience the last few years as Secretary/Treasurer for Chapter 13 (Capital Area), when trying to get clarification, she was informed differently by seaparate sources, believing that the CEUs were only valid for a meeting if there was a speaker. It was evident that not all chapters understood the requirements or the interpretation of the chapter meetings as CEUs in the eyes of the TBPLS and it was clear that chapters were handling their meetings differently in regards to CEUs.
After other chapters inquired about meeting CEUs as well, Trisha researched this with the TBPLS board to get their insight into the rules. We can report that while having a speaker is a great way to hold meetings and boost attendance, it is not mandatory for board approval, as in the Chapter 10 meeting Trisha attended. Having conversations at chapter meetings that lead us to be better surveyors and get CEU credit at the same time is a win for you, your fellow surveyor, the society, and the public which we are charged to protect.
From the discussion over what constituted the rule 664.4 Types of Acceptable Continuing Education (8) that reads “Meetings and activities such as in-service programs which are required as part of one’s job; and have been approved by the board;” Trisha met with board members and requested their interpretation from the rule, thus approving additional ways TSPS can provide CEUs for surveyors.
The board has approved all “regular” chapter meetings (excluding those that are considered recreational functions such as fishing tournaments, softball games, golf tournaments, etc.) for 1 hour of CEU. Many chapters struggle with active participation and attendance at their meetings. These meetings are a good way for you to get your CEU credit with little or no money out of your pocket. There are a few items to remember in order to ensure acceptance of the credit by the board in the case of a CEU audit.
- A chapter officer or delegate must keep a registration or sign-in sheet of the attendees.
- The attendee must be given a receipt or ability to obtain a receipt (i.e. the registration/sign in log).
- The attendee must keep the receipt as part of their records in case of audit, as TBPLS does not maintain CEUs.
- It is the responsibility of the attendee to obtain and keep proof of attendance for an event.
Did you also know there is another great way that TSPS helps you to obtain your CEUs? This opportunity falls under rule 664.4 Types of Acceptable Continuing Education (3) “Teaching or consultation in programs such as institutes, seminars, workshops which provide increased professional knowledge related to the practice of professional land survey.” How do you do this you ask? Under the Education Committee, TSPS offers Course Development workshops each year where we look for members to volunteer to assist in developing courses for presentation at the annual Symposium. These courses are also available to chapters under the TSPS Brand Courses. Speakers/Presenters of the courses are awarded CEU credit for teaching those courses. As someone who has worked on developing courses and presenting them, Trisha can tell you that it is work but it is also very rewarding. If you are interested in getting involved in Course Development, you can contact Education Chair Chester Varner or visit ww.tsps.org/coursedev.
TSPS offers its members many benefits in addition to the ones mentioned here. Did you know you can track your CEUs in your profile on the TSPS website? For any State TSPS course you attend you can print your Certificate of Attendance. Here’s how:
- Login at www.tsps.org.
- Go to My Profile.
- Click the Professional Development tab on the left of the screen.
- Find the class/classes you completed and click print!
We hope to see you at a future TSPS chapter meeting and/or event. We are blessed to have such a great and strong Society but it is nothing without the support, attendance and active participation of our members. For both Trisha and Anna, this is one of the best parts of TSPS… members networking with other members, not just for business purposes but to truly help their fellow surveyor. Trisha may be a big city girl with a small town soul, and Anna may be a small town girl who landed in the big city, but both feel that there is no better way to meet your fellow surveyors than becoming active in TSPS! The more active you become, the more connections you make. The more connections you make, the more resources you have available – all of which can be beneficial for you, your company and the surveying profession. As with anything we do in Texas…Let’s make it bigger and better!
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Posted By Mark Hanna – TSPS Legal Counsel,
Thursday, December 8, 2016
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The Comptroller’s office has estimated sales tax revenue, the 85th Texas Legislature to convene, and the Sunset Advisory Commission makes recommendations.
Comptroller Estimates Sales Tax Revenue From Surveying Services
Per the Comptroller, taxable sales from firms that specialize in the provision of surveying and mapping services was estimated to be $35.7 million in state and local sales tax revenue in the 2014-2015 biennium. However, this estimate does not reflect any sales of taxable surveying services by firms otherwise classified, such as engineering, architectural, or architectural landscaping service firms, nor any tax on surveying services remitted by holders of direct pay permits, and could include sales of taxable items other than surveying services.
Eighty-Fifth Texas Legislature Convenes On January 10, 2017
As usual, the first priority this Session will be the two-year budget for fiscal years 2017-2019. The current Texas 2-year budget is $204.9 billion. Sales tax revenue is down over 20%. Projected income is down by $551 million due to a sharp decline in oil and gas prices. Production taxes on oil and gas have fallen 43% and 58% respectively. However, the budget shortfall will be more than covered by the $4 billion surplus last Biennium. Spending priorities next Session include Medicaid, Child Protective Services, Border Security, Public and Higher Education. The Rainy Day Fund is currently $9.7 billion.
Sunset Advisory Commission Staff Recommends Agency Consolidation
During the 2017 Sunset Review Process, the Texas Legislature will consider whether or not to continue in existence the independent licensing Boards for 10 small health licensing agencies (optometrists, physical therapists, podiatrists, etc.). However, in November, 2016, the Sunset Commission Staff recommended that all 10 of these health occupational licensing programs be transferred to the Texas Department of Licensing and Regulation (TDLR) and that the associated regulatory boards be reconstituted as advisory boards.
Mark J. Hanna practices law in Austin and has served as TSPS Legal Counsel since 1992. In addition to providing legal and legislative representation for the Society, Mr. Hanna specializes in representing the interests of individual business and professional clients located throughout the State.
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