Relating to the regulation of land surveyors by the Texas Board of Professional Engineers and Land Surveyors.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Board of Professional Engineers and Land Surveyors
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025.
Compliance Deadline: September 1, 2025. All applications submitted on or after this date are subject to the new standards.
Agency Rulemaking: The Texas Board of Professional Engineers and Land Surveyors (TBPELS) must adopt rules "as soon as practicable" after the effective date. Expect a regulatory gray zone in Q4 2025 regarding the specific definition of "self-education" until the Board finalizes the matrix for the new SIT pathway.
Immediate Action Plan
1.Audit Personnel: Immediately review all unlicensed field staff. Identify those with 4+ years of experience who lack degrees.
2.Strategic Filing:
File applications before 9/1/25 for degree-holding candidates who may lack specific coursework required by the new law.
Hold applications until after 9/1/25 for non-degree candidates eligible for the new "High School Pathway."
3.Revise Offer Letters: Explicitly state in offer letters to non-degree SIT candidates that current law prevents them from obtaining full RPLS licensure without obtaining a degree.
4.Monitor Advisory Committee: Assign compliance staff to review the now-mandatory public records of the Surveying Advisory Committee to predict future rule changes.
Operational Changes Required
Contracts
Employment Agreements: You must revise standard employment contracts for SITs. Since the law allows a High School graduate to become an SIT but *requires* a degree to become an RPLS, you must remove any "guaranteed path to licensure" language for non-degree employees to avoid breach of contract claims.
Subcontractor Agreements: Update vendor agreements to specify that any SITs utilized on your projects must meet current statutory standing, particularly if you rely on their field data for final certification.
Hiring/Training
Recruitment Strategy: You may now recruit senior field crew chiefs (4+ years experience) for SIT certification without requiring a college degree.
Supervision Protocols: Update internal Quality Control (QC) logs. RPLSs must exercise "responsible charge" over a new category of SITs who may lack academic theory. Documented review of their work is critical for liability defense.
Reporting & Record-Keeping
"Self-Education" Portfolios: The law requires "evidence satisfactory to the board" of self-education for the new SIT pathway. Immediately begin documenting all internal training, seminars, and technical workshops attended by non-degree staff to build these portfolios.
Mandatory Advisory Opinions: The law now *requires* the Board to issue written advisory opinions upon request. If your compliance officer identifies a regulatory conflict, you now have a statutory mechanism to demand a binding interpretation.
Fees & Costs
Insurance Premiums: Consult your E&O carrier. The expansion of the SIT pool to non-degree holders may impact your risk profile. Confirm coverage extends to work performed by this new classification of employee.
Fiscal Note: No statutory fee increases are currently projected by the Legislative Budget Board.
Strategic Ambiguities & Considerations
The "Dead-End" SIT: The statute creates a conflict where an employee can become an SIT without a degree but cannot advance to RPLS without one. Rulemaking will determine if the Board creates a "bridge" program or if this is a permanent ceiling.
Definition of "Self-Educated": The phrase is legally vague. Watch the Texas Register for TBPELS rulemaking that will likely establish a point system or specific curriculum requirements to satisfy this standard.
Exam Difficulty: With the removal of degree prerequisites for SITs, the Board may increase the difficulty or scope of the Texas Specific Surveying Exam to maintain gatekeeping standards.
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Under current statute, land surveyors in Texas may not operate as a surveyor-in-training unless they have passed the fundamentals of surveying exam (FS exam) administered by the National Council of Examiners for Engineering and Surveying (NCEES). The state currently requires applicants to first submit an application to the Texas Board of Professional Engineers and Land Surveyors (TBPELS) for approval before they can register with NCEES and schedule an exam.
S.B. 1259 would allow future applicants to take the FS exam without getting prior authorization from TBPELS. Upon passage of the exam, the applicant would receive a surveyor-in-training certificate as long as the applicant meets all other requirements. This bill would require that the Texas-specific survey examination be administered once an applicant applies for full licensure as a registered professional land surveyor. This bill will reduce administrative work in the licensure process and will assist in recruiting and retaining surveyors.
Additionally, this bill authorizes TBPELS to issue advisory opinions related to the Land Surveyors Act, matching existing TBPELS authority on engineering-related matters. This bill also codifies the existing rule that land surveyors pass both the NCEES principles and practices of professional land surveying exam and the Texas state surveying exam, which was a recommendation under the 2019 Sunset Review of the Texas Board of Professional Land Surveyors prior to its merger into TBPELS.
As proposed, S.B. 1259 amends current law relating to the regulation of land surveyors by the Texas Board of Professional Engineers and Land Surveyors.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Board of Professional Engineers and Land Surveyors in SECTION 5 (Section 1071.256, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1001.216, Occupations Code, by adding Subsections (a-1) and (a-2), as follows:
(a-1) Authorizes the advisory committee appointed under Subsection (a) (relating to requiring the Texas Board of Professional Engineers and Land Surveyors (TBPELS) to appoint an advisory committee), on its own initiative or at the request of any interested person, to prepare a written report or recommendation to TBPELS on any surveying-related subject regulated by TBPELS.
(a-2) Requires the advisory committee appointed under Subsection (a) to maintain a written public record of each subject discussed and action taken at the committee's meetings.
SECTION 2. Amends Section 1001.601(a), Occupations Code, to require TBPELS, on its own initiative or at the request of any interested person, to prepare a written advisory opinion about an interpretation of Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors) or Chapter 1071 (Land Surveyors) or the application of this chapter or Chapter 1071 to a person in regard to a specified existing or hypothetical factual situation.
SECTION 3. Amends Sections 1071.253(a) and (c), Occupations Code, as follows:
(a) Makes nonsubstantive changes to this subsection.
(c) Requires TBPELS, on proof that an applicant meets the qualifications prescribed by Subsection (a) (relating to requiring an applicant for a surveyor-in-training certificate to meet certain requirements) and has passed the fundamentals of surveying examination prescribed by TBPELS under Section 1071.256 (Examination), to issue a surveyor-in-training certificate to the applicant. Deletes existing text requiring TBPELS to issue a surveyor-in-training certificate to an applicant who passes the applicable parts of the examination taken under Subsection (b) (relating to requiring TBPELS to allow the applicant to take an examination under certain circumstances).
SECTION 4. Amends Sections 1071.254(a) and (b), Occupations Code, as follows:
(a)� Requires an applicant for registration as a registered professional land surveyor to meet certain requirements, including having passed the principles and practice of surveying examination prescribed by TBPELS under Section 1071.256. Makes nonsubstantive changes.
(b)� Entitles an applicant to registration as a registered professional land surveyor if the applicant meets the qualifications prescribed by Subsection (a) and is approved to take and passes the required sections of the Texas specific surveying examination prescribed under Section 1071.256.
SECTION 5. Amends Section 1071.256, Occupations Code, by adding Subsections (a-1) and (b-1) and amending Subsection (b), as follows:
(a-1) Requires TBPELS by rule to prescribe the fundamentals of surveying examination required for an applicant for certification as a surveyor-in-training under Section 1071.253 (Surveyor-in-Training Certificate).
(b) Requires TBPELS by rule to prescribe the principles and practice of surveying examination required for an applicant for registration as a registered professional land surveyor under Section 1071.254 (Qualifications for Registration as Registered Professional Land Surveyor) to determine the knowledge and ability of the applicant. Deletes existing text requiring that the examination for an applicant for registration as a registered professional land surveyor be developed and given as provided by this chapter under TBPELS rules designed to determine the knowledge and ability of the applicant.
(b-1) Requires TBPELS by rule to prescribe the Texas specific surveying examination required for an applicant for registration as a registered professional land surveyor under Section 1071.254.
SECTION 6. Repealer: Section 1071.253(b) (relating to requiring TBPELS to allow the applicant to take an examination under certain circumstances), Occupations Code.
SECTION 7. Requires TBPELS, not later than December 1, 2025, to adopt the rules necessary to implement the changes in law made by this Act.
SECTION 8. Makes application of Sections 1071.253 and 1071.254, Occupations Code, as amended by this Act, prospective.
Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1259 by Nichols (Relating to the regulation of land surveyors by the Texas Board of Professional Engineers and Land Surveyors.), As Introduced
No fiscal implication to the State is anticipated.
The Texas Board of Professional Engineers and Land Surveyors is a self-directed, semi-independent agency that is responsible for its costs of operations, prohibited from causing the General Revenue Fund to incur any cost, and not subject to the legislative budgeting process.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td >
460 Board of Professional Engineers and Land Surveyors
LBB Staff: b > td >
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Related Legislation
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SB1259 fundamentally alters the talent pipeline for land surveying firms by authorizing a non-degree pathway for Surveyor-in-Training (SIT) certification while strictly maintaining degree requirements for final Registered Professional Land Surveyor (RPLS) licensure. This legislation creates a new class of "career SITs" effective September 1, 2025, requiring immediate updates to hiring protocols and employment contracts to manage licensure expectations and professional liability. Implementation Timeline Effective Date: September 1, 2025.
Q
Who authored SB1259?
SB1259 was authored by Texas Senator Robert Nichols during the Regular Session.
Q
When was SB1259 signed into law?
SB1259 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB1259?
SB1259 is enforced by Texas Board of Professional Engineers and Land Surveyors.
Q
How urgent is compliance with SB1259?
The compliance urgency for SB1259 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1259?
The cost impact of SB1259 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB1259 address?
SB1259 addresses topics including occupational regulation, occupational regulation--other trades & professions, open meetings, engineers & engineering and surveyors.
Legislative data provided by LegiScanLast updated: November 25, 2025
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