Texas Register, Volume 5, Number 23, Pages 1105-1170, March 25, 1980 Page: 1,145
1105-1170 p. ; 28 cm.View a full description of this periodical.
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PROPOSED RULES
1145vices for a client or enployer, if the existence of conflict of in-
terest would impair independent judgment in rendering such
services;
(4) shall withdraw from employment at any time
during such employment or engagement when it becomes ap-
parent that it is not possible to faithfully discharge the duty
and performance of services owed the client or employer, and
then only upon reasonable notice to the client or employer;
(5) shall not accept remuneration from any party
other than his client or employer or a particular project, nor
have any other direct or indirect financial interest in other
service or phase of service to be provided for such project,
unless the client or employer has full knowledge and so ap-
proves;
(6) shall keep inviolate the confidences of his client
or employer, except as otherwise required in the rules of con-
duct.
.005. Representations. The highest degree of integrity,
truthfulness, and accuracy should be paramount in all deal-
ing with, and representations to, others by not misleading in
any way the other's understandings of personal qualifica-
tions or information regarding a project. The registrant:
(1) shall not enter into a partnership or any agree-
ment in which any person not legally and actually qualified
to perform the services to be rendered has any control over
his independent judgment as related to the welfare, property,
economy, and security of the public;
(2) shall not indulge in publicity that is false,
misleading, or deceptive;
(3) shall not misrepresent the amount or extent of
prior education or experience to any employer or client, nor to
the board;
(4) shall as accurately and truthfully represent to a
prospective client or employer the costs and completion time
of a proposed project as is reasonably possible;
(5) shall not hold out as being engaged in partnership
or association with any person or firm unless there exists in
fact a partnership or association;
(6) shall not recommend to a client services of
another for the purpose of collecting a fee for himself for
those services.
.006. Unauthorized Pra ice. All reasonable assistance in
preventing the unauthorized practice of land surveying
should be given the board. Unauthorized practice should not
be aided in any way. The registrant:
(1) shall make known to the board any unauthorized
practice of which he has personal knowledge;
(2) shall divulge any information, of which he has
personal knowledge, related to any unauthorized practice to
the board upon request of the board or its authorized repre-
sentatives;
(3) shall not delegate responsibility to, nor in any
way aid or abet, an unauthorized person to practice, or offer
to practice.
.007. Maintenance of Standards. Aid should be given the
board in maintaining the highest standards of integrity and
competence of those in its subject profession and occupation.
The registrant:
(1) shall furnish the board with any information that
comes into his possession, indicating that any person or firm
has violated any of the provisions of the registration laws or
code;(2) shall furnish any information he might have con-
cerning any alleged violation of the registration laws or code
upon request of the board or its authorized representatives.
.008. Adherence to Statutes and Codes. Strict adherence
to practice requirements of related sections of the statutes,
the state code, and all local codes and ordinances should be
maintained in all services rendered. The registrant:
(1) shall abide by, and conform to, the registration
and licensing laws of the state;
(2) shall abide by, and conform to, the provisions of
the state code and all local codes and ordinances;
(3) shall not violate nor aid and abet another in
violating a rule of conduct nor engage in any conduct that
may adversely affect his fitness to practice;
(4) shall not sign nor impress his seal or stamp upon
documents not prepared by him or under his control or
knowingly permit his seal or stamp to be used by any other
person.
.009. Professional Conduct.
(a) Competitive bidding for professional surveying ser-
vices is not in the best interest of the public and is a form of
solicitation and is a conduct contrary to the practice of all
learned professions in the State of Texas; therefore,
(b) the surveyor shall not offer or promise to pay or
deliver, directly or indirectly, any commission, political con-
tribution, gift, favor, gratuity, benefit, or reward as an in-
ducement to secure any specific surveying work or assign-
ment; providing and excepting, however, that a surveyor may
pay a duly licensed employment agency its fee or commission
for securing surveying employment in a salaried position.
(c) The surveyor shall not make, publish, or cause to be
made or published, any representation or statement concern-
ing his professional qualifications or those of his partners, as-
sociates, firm, or organization which is in any way mislead-
ing, or tends to mislead the recepient thereof, or the public,
concerning his surveying education, experience, .specializa-
tion, or any other surveying qualification.
(d) The public shall be provided every reason for rely-
ing upon the surveyors' seals, signatures, or professional
idetification on all documents, plats or maps, surveyors' re-
ports, plans, or other surveying data on which they appear as
a representation that the surveyors whose seals, signatures,
or professional identification appear thereon, have personal
knowledge thereof and that they are professionally responsi-
ble therfor.
.010. Disciplinary Rules. The surveyor shall not:
(1) violate any provision of the Land Surveying Prac-
tices Act of 1979 or disciplinary rule thereof;
(2) circumvent or attempt to circumvent any provi-
sion of the Land Surveying Practices Act of 1979 or disciplin-
ary rule thereof through actions of another;
(3) participate, directly or indirectly, in any plan,
scheme, or arrangement attempting to or having as its pur-
pose the evasion of any provision of the Land Surveying Prac.
tices Act of 1979;
(4) fail to exercise reasonable care or diligence to
prevent his partners, associates, or employees from engaging
in conduct which if done by him, would violate any of the pro-
visions of the the Land Surveying Practices Act of 1979;
(5) engage in any illegal conduct involving moral tur-
pitude;
(6) engage in any conduct that discredits or attempts
to discredit the profession of surveying;Volume 5, Number 23, March 25, 1980
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Texas. Secretary of State. Texas Register, Volume 5, Number 23, Pages 1105-1170, March 25, 1980, periodical, March 25, 1980; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244615/m1/41/: accessed May 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.