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Governor proposes suspension of funding for Texas Board of Professional Land Surveying.....

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Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by LadyRPLS on Feb 8, 2011 8:48 am

http://www.chron.com/disp/story.mpl/metropolitan/7417742.html

Obviously, this is quite concerning for those of us licensed in Texas. 
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by Mark Mayer on Feb 8, 2011 10:19 am


Oregon's board is "semi-autonomous". That means, among other things, that it sustains itself from registration fees alone. It does it so well that the governor's office recently looked to revoking the semi-independent status and using OSBEELS as a source of revenue.  
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by kkw_archer on Feb 8, 2011 10:30 am

Concerned indeed, and I find it pretty ironic that this same politician signed an official proclamation on January 20, 2011 declaring March 20-26 as Surveyors week.  I have been searching, however I can not find where TSPS has acknowledged this issue.  You would think they would be on top of it, we will see.
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by James Redmon on Feb 8, 2011 1:17 pm

We are on top of it, but at this point there is no info forthcoming.  We do not want to take an "official" position on anything until we at least understand what is being proposed.  I have been in communication with our executive director, our legislative liason and the rest of Ex-Comm all morning and right now, there is not anymore info out there than what the article states.  As soon as we get any information we will be in touch with our members and try and find out what path we should take.
James Redmon
TSPS Secretary/Treasurer
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by MLB on Feb 8, 2011 1:17 pm

Since the "Clinton Era" governments have been relocating and re-allocating ,many government services. "Enterprises" just get outsourced (contracted). Others are forced to develop their own revenue streams through fees. This approach to moving things out of the "General Fund" and  goes a long way toward enforcing accountability. It removes a lot of the perks and porks and forces the officers to be accountable to their stakeholders. This tends to happen when the involved parties can see the direct relationship between their paid fees and the services received. I find it very American.
MLB
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by LadyRPLS on Feb 8, 2011 1:55 pm

Mark,

I am happy to hear that Oregon is doing so well.  I have to admit ignorance to the financial health of TBPLS.  I will definitely have to start looking into that.    I also have no idea if our fees are high/low in relation to other states.  In Texas, fees for active RPLS are $380 per year.  How does that compare to Oregon? 
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by Mark Mayer on Feb 8, 2011 2:45 pm


Renewal fees for Oregon are $180 for two years. Washington, BTW, is $116 for the two years. Both state boards cover Engineers as well as Land Surveyors (same fees for Engineers).
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by DoingMy Own Surveying on Feb 8, 2011 3:42 pm

Whatever you Tejas boys do, do not let a bunch of non-surveyors control your profession.  Trust me, if you have to have a joint board with others, be damn sure that the surveying profession is at least on equal footing with the engineers.  Do not allow there to be only a token representation on the board.
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by SurveyTX on Feb 8, 2011 4:23 pm

I think it has more to do with surveyors and our state society in Texas being more concerned with getting the continuing education hours upped rather than promoting and protecting the surveying industry. I have been a TSPS member for years and worked toward getting my license and have seen how the industry has taken a downturn. We have to remember this is the same governor that TSPS endorced for re-election even though Rick Perry signed off on SB1707/HB3497 of 77(R) legislature. This has impacted all surveyors and when you contact SURPAC and ask you get this respnose........
See below...

 

The thing you need to keep in mind is that neither the
lender nor the title company really knows what a "good" survey is - all they're
looking for is a piece of paper that says "survey" on it so they can sell the
mortgage sometime in the future.  I don't disagree with your concerns, but the
reality is something I'm afraid we can't really do much
about.

Bob

C  wrote:

 
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I appreciate your reply. That was the item I am refering to. Thank you for the
insight. I think the only thing I can say in response would be that in a real estate transaction, a survey is
generally not actually a requirement by a title company, but a lender. I've
always found it strange that it is grouped under title insurance.
 
Thank
you for your time






Date: Mon, 26 Jan 2009 13:41:52 -0700
From: rseipel@elp.rr.com

Subject: Re: SurPAC
info-Surveying law

I'm not sure
what you mean by "existing survey law," but I assume that you're talking about
the re-use of residential surveys for closings by title companies; if I'm off
base, please let me know.  As far as I know, that particular issue is part of
the insurance code under which the title companies operate and not really
something we can address - we can't regulate, or attempt to regulate, other
industries.  As long as the title companies are willing to accept the risk of
using old surveys, then I'm not sure there's much we can do.  Remember also, the
title companies generally take exception in their title policies to what a
current survey would show, so they're really not taking on much liability at
all.  This particular issue has been talked about for years, and the legislature
and insurance commissioner seem
to look at it as a "cost-saving" issue for the consumer, and they're really not
concerned about you or I.

Bottom line, whether we like it or not, it's an
issue handled by the insurance commissioner and not something we can change,
even if we want to. Since this would be addressed by the Governmental Affairs
committee, rather than SurPac (all we do is collect and disburse funds), you
might want to get with Pat Smith, the Governmental Affairs committee chair.  You
can reach him at 512-427-3630 or by email at smithpat@stanleygroup.com.  Or, you can reach
me by phone at 915-877-1928.

Bob

C  wrote:

 
#yiv2044150307 .yiv2044150307ExternalClass .yiv2044150307EC_hmmessage P {padding:0px;} #yiv2044150307 .yiv2044150307ExternalClass body.yiv2044150307EC_hmmessage {font-size:10pt;font-family:Verdana;}

Mr. Seipel,
 
How are you? I would like to inquire about SurPAC efforts
pertaining to the existing survey law. I would like to know if there are any
efforts or plans to have the law repealed or change. I am not sure if you are
aware, but since the passage of the law in 2001, about 70% of the business has
gone away, and in 2 years it is estimated that only 10% of the available
business will remain. That is a 90% DECREASE in business in a 10 year period. It
is sad that an industry survives on the hope that someone loses their survey or
makes a change on it. It doesn't stop there though. People are making changes
all of the time and are not reporting them. Now that Houston and other areas
have incurred hurricane Ike damage, one would be led to believe that there would
be a spike in new surveys. After all, with fences being replaced and decks
repaired, there would be some surveys resulting from alterations to the
property. That is not happening. The number of new surveys for residential properties continues to
go down still. Since people are not buying new surveys for real estate transactions after
alterations have been made, the case can be made that home buyers are being
defrauded. With the massive reduction in new surveys ordered, there is a major
loss in tax revenue to cities
and states, as well as alot of lost jobs. Now is not the time for jobb losses
and less revenues. Based on current sales, if existing surveys could not be
used, this would be a $100,000,000 a year industry. Instead it is a $29,000,000
a year business that is shrinking every year. The state has lost $40,000,000 in
revenue since the law was passed, 1500 jobs have been lossed, and buyers are
being defrauded. Need I go on? I am willing to bet SurPAC would have alot more
donors and support if this law was repealed. I have information I have gathered
and would be more than glad to share with you. I would have rather called, but
no information was available other than your email. I work for a surveying
company in Houston and would be more than glad to rally support to repeal or amend this
law and make this a healthy industry again.
 
Please reply to this email.
I'd also like to contact you further about it, if you could provide me a phone
number that would be great.
 
Take
Care
 
C


That was an email I got forwarded by a friend in the industry after he raised a concern or question. It has more to do with a larger concern for surveyors, as to protection on past surveys and regardless of the disclaimer you put on a survey, they can pass it on and surveyor has to deal with calls from subsequent owners and it's not a residential "Title" survey issue, it has to do with commecial properties also. Hopefully this will show further notice to RPLS in Texas, that we ALL need to be more active and if we continue to pay dues to TSPS and renew license fees, which the Board estimates right at 3,000 active licensed at $380 each not including firm renewal, that is more than 1.1 miliion brought in and comprtrollers office reports annual costs at $533,150.79 (see attached pdf) which through license renewal leaving excess funds. Texas surveyors and TSPS need to hold Good Ol' Rick Perry accountable.

Attached Files
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by James Redmon on Feb 8, 2011 6:07 pm

I have to disagree with you sak.  TSPS has been working to try and protect surveyors for years.  There are some things though that our constituency of a few thousand people just are not capable of doing.  One of these is successfully overturning Title industry regulations.  We have published articles on copyrights and provided information as to how companies can file suit about infringement, but we are powerless to stop some things.  the question is whether this is one of those things.  I think it is pretty disingenious to claim that a law that was passed in 2001 was due to the organization asking for an increase in CEU's in 2009.  SurPAC usually has less than 10K a year to give out in donations.  Definitely not enough to influence any votes, but hopefully enough to at least be given a seat at the table.  Each year our legislative committee, not SurPAC, has open meetings that any member is welcome to go to and discusses the legislative agenda for the next session.  I hope that you are a regular attendee at these meetings and raise your concerns.  i would hate to think that you have such strong opinions and have never taken the time to come and be heard.
James Redmon
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by LadyRPLS on Feb 8, 2011 8:57 pm

Looking at the expenses report attached on the earlier post and the estimated income for 2010 posted on the TBPLS website, it looks like they run in the black without any funding as it is.  I sure hope that's true.  If it is true, I would guess that Perry only recommended the funding suspension as a a mere political tactic - knowing full well that they don't need the state's funds to operate anyway.   

Has anyone at TSPS spoken with TBPLS about this yet? 

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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by James Redmon on Feb 9, 2011 12:39 am

Yes, we have been in touch with the board.  In the last few years TSPS has been adversarial with the board a few times, but I truly believe that the new leadership at the board (New chair and new Executive Director) has given us a clean slate lately and we have been working well together.  We will definitely take their opinions into account before we draft a reply to Governor Perry's proposal.  Earlier today when everyone was asking why TSPS had not responded, that was one of the things going on behind the scenes.
James Redmon
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by SurveyTX on Feb 9, 2011 8:04 am

What were the prior legislative issues worked on if you can post, and does anyone know if TSPS has a message board or forum? That may be a good way to have surveyors discuss things Texas specific.
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by kkw_archer on Feb 9, 2011 6:15 pm

OK, I am missing something.  If there are over 3,000 surveyors (as per the board's website) paying $380/yr in license renewal fees totaling over 1 million dollars, and TBPLS's annual expenses are $533,150.79, how will the state save money by suspending the board? 

Also, what will be the results of TBPLS being suspended? 
 
@ SurveyTX:  To my knowledge TSPS does not have a message board, nor a forum page.
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by LadyRPLS on Feb 9, 2011 6:20 pm

James -

When TSPS contacted the board, did the board confirm that they do not use/need state funding? 
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by Rusty Chain on Feb 9, 2011 7:04 pm

SurveyTX

Go to the TSPS website for some answers to your questions: http://www.tsps.org/

I thought I had a link to a TSPS forum before, but I don't see it from the home page.  Maybe it's available to members only.  They do however, have a link to SurPAC, and under 78th Legislative session, have a synopsis of all the bills they are watching or acting on.

It helps to be informed before impugning a person or organization for something you think they did or did not do.  It also helps your credibility if you have been involved in good faith attempts to influence a process or issue that you find yourself criticizing others for their handiling of it.

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Re: Governor proposes suspension of funding U my be interested in SOZ solution

Posted by RADU on Feb 9, 2011 7:12 pm


Initially we had political representation to remove the licensed surveyor status in South Australia.  it was quickly pointed out that the government guaranteed indefeasability of title for ownership and land area for each Torrens title issued. With that said, the license is applicable to boundary surveying only and is annually renewed to suitably qualified, including completion of a four year degree, rigorous mentor training program and professional project approved by the Surveyors Board and then subsequently obtaining annually required CPE status.

FUI

the plan levy mentioned below is currently $85.50

An extract from one of my papers,
1         What guides the SA Licensed boundary Surveyor
http://www.isaust.org.au/stateSA/SurveyorsBoardofSA/SA_co-regulartory_model_survey.asp
 
The following is an edited transcript of the link.
A co-regulation surveying system has operated in South Australia since 1992 where the regulatory burden is shared between government and industry. The Institution of Surveyors, Australia, South Australia Division is responsible for setting standards of accreditation that is underpinned by legislation through the Minister and the Surveyor-General, who is responsible for issuing, monitoring and policing survey practice standards.
The co-regulated survey system is financially independent. The public pay a levy on all certified survey plans lodged at the Lands Titles Office and Licensed and Registered Surveyors pay registration fees to cover the administration costs of registration.
The objectives of the legislation are to:
·         Ensure that appropriate standards of competency and professional conduct are maintained by the States Licensed and Registered surveyors
·         Transfer responsibility for licensing, registration and discipline of surveyors to the Division
·         Provide the statutory controls required for the efficient development and maintenance of the State’s cadastral survey system and in particular to ensure the proper definition of freehold and Crown lands
·         Promote improvements to the State cadastral survey system including
·         Providing for the introduction of a coordinated cadastre
·         Allowing for the resurvey of confused boundaries
The Act sets out the following:
·         The responsibilities of the Surveyor-General
·         Establishes a Survey Advisory Committee
·         Membership include
·         Surveyor-General
·         Registrar General
·         three persons appointed by the Minister of whom two must be nominated by the Surveyor-General and one must be a non-surveyor
·         five persons appointed by the Minister nominated by the Division.
Responsibilities of the Survey Advisory Committee are to:
·         Monitor the operation of the Act and the law relating to surveying
·         Exercise a general oversight over surveying and the keeping of survey records
·         Monitor the operation of survey instructions in force under the Act
·         Carry out other functions assigned by the Minister
·         Make recommendations to the Minister
Functions of the Division include:
·         Exercising a general oversight over the professional practice of surveyors
·         Monitoring the standards of course of instruction and training available to:
·         Persons seeking licensing and registration and
·         Surveyors seeking to maintain or improve skills in practice
·         Consulting with education authorities in the maintenance and improvement of courses
·         Advising the Minister on education matters
·         Establishing the position of a Registrar
·         Maintaining a register of licensed and registered surveyors
·         Making administrative arrangements for the reception, consideration and handling of complaints against licensed or registered surveyors
·         Maintaining a system for collection of survey plan levies and the keeping of separate accounts of fees and levies received under the Act
·         Ensuring that fees and levies collected under the Act are used only in carrying out the functions assigned in the Act
·         Delivering an audited report and other specified information each year to the Minister as set out in the Act
·         Investigating complaints made against licensed and registered surveyors
·         Disciplinary powers of the District Court and procedures for handling complaints
·         Issuing of survey instructions by the Surveyor-General
·         Coordinated cadastre provisions
·         Provisions for confused boundary areas
In view of the introduction of Survey Instructions the Survey Act Regulations only include
·         Academic qualifications
·         Practical experience requirements
·         Projects for surveying graduates to complete before licensing or registration
·         Reciprocity with other jurisdictions
·         Fundamental survey instruction requirements


If any one wants more info drop me an email

RADU

RADU VALUE ADDING SURVEYOR
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by SurveyTX on Feb 10, 2011 2:23 pm

Rusty Chain-
Thanks for the advice but not need......that 78th legislative session you refer to was in 2003, and we are in 82nd legislative session currently, and good faith efforts myself and my company spending my own time and money on it and have had several meetings with different representatives in my area. Obviously you did not click the 78th legislature link or you would not have suggested searching to find bills from 2003 they are watching. I am a TSPS member and have attended meetings in the past, and the issues TSPS has brought up have not been ones that seem self interest issues brought up by board members. 





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Re: Mr. Redmon:

Posted by PJq apio on Feb 10, 2011 5:16 pm

Being self-funded is a nice talking point for Texas surveyors.
Before any bill is legislated in Texas, the finance committee has to check if
it costs the taxpayers in Texas.  Losing a half million is probably not in the
committee's agenda.  All of the parties involved are aware.  Something else
is on the governor's mind.

Regarding increased CEU's, TSPS lobbied the board of land surveying.
Their talking point was increasing ceu's would decrease complaints to
the board.  Doug Turner, RPLS, on the board, did his own study to dis
that talking point,

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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by Thomas Cargill on Feb 11, 2011 10:12 am

While we wait to see what the official TSPS response is going to be.........this is the situation as I see it. 

This doesn't have anything to do with the massive budget shortfall we face in Texas and us land surveyors should see this for what it is.  This is evident by the fact we actually put money back in the General Fund.  The proposed legislation has been lobbied by a Title Company.  They have time and time again tried to kill our profession for the sake of reducing the closing price on land transactions, all the while they continue to get their full fee no matter if the same property has just been sold less than a year ago. 

Texas Surveyors weren't able to stop them from reusing old surveys, and now the title industry lobbyist have convinced some idotic politicians that we are not necessary as a profession.

There are rumors that the title industry has spent some serious money in trying to get this enacted, and I hope that we are able to fight off this attack, and future ones which there will be, on our profession.  I really don't think our lobbying efforts have a snowballs chance in hell against the lobbyist for the title industry.  When TSPS does decide what the plan of attack will be, I hope every surveyor in Texas (TSPS member or not) will help to protect our profession.

Someone in an earlier post mentioned the irony that the same Governor had just signed a proclamation declaring a week in March, "Surveyor's week".  Maybe he should read the document he signed (or his secretary) signed.  It is also ironic that most Land Surveyors in the State of Texas are Republican (with a few notable exceptions).
Thomas Cargill
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by James Redmon on Feb 11, 2011 12:43 pm

Sorry, I haven't been back, but as you can guess the last few days have been a little hectic.  We have been setting up meetings with congressmen in the appropriate committees and trying to do the legwork to substantiate some of the rumors that have been posted above and in other places.  If any of you have any evidence or information about the Title company rumor then please forward it to me.  We have met with the Texas Land and Title Association and they were very adamant that this is not coming from their side.  We have had contacts with the Geoscientists board and discussing coordinating our efforts on that side.  The biggest thing to remember though is that, this has to go through the legislature.  Governor Perry's "suggested" budget is just that, a suggestion.  It has to be put into bill form by a congressman and then it has to go through the process where we will get a much better idea of what we are aiming at and the impetus behind it.  As to the legislative committees goals this session, we directed them to continue the GIS disclaimer bill that did not meet any resistance last session, but got stalled on the docket due to time and to monitor the bill being brought by the Greater Houston Builders Association concerning monumentation that we helped write.  We did not feel like this was a good time to start making waves concerning sales tax or other issues since we knew about the budget issues and wanted to keep our heads down.  I will use this as a call to join TSPS.  We just approved a budget last week that has a signifigant amount of red in it due to a decline in membership.  At the budget meeting one suggestion to reduce that was to get rid of our lobbyist.  I cannot imagine the uproar that would have ensued if we had made that decision three days before this came out.  I have had many people tell me that TSPS doesn't give them enough, the meetings are too far away, there is a good ole boys club (Even though three of the 5 Ex-Comm members are under 40) and generally it is not worth the money.  A number of those same people are currently asking, "What is TSPS going to do about this?"  The answer this year is everything we possibly can to protect surveyors.  next year the answer might be "Nothing since we ran out of money due to people freeloading and assuming that other surveyors would take care of it."  If anyone has any questions, just let me know in an e-mail or a phone call.  As most of you who have seen my posts here know, I say what i think and I don't dance around the issues so I would love to hear from any of you.

James Redmon
TSPS Secretary/Treasurer
jamesdredmon@yahoo.com
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by Thomas Cargill on Feb 11, 2011 5:04 pm



http://landsurveyorsunited.com/group/texaslandsurveyors/forum/topics/governor-perry-moves-to

I fully understand how early we are in the legislative process of our board actually being eliminated.  One source of the rumors that the title companies are behind this was found at the link above.  While the Texas Land and Title Association may not be directly behind this, that doesn't rule out the possiblity that a large title company (or several joined together) are not.  

Point taken about the importance of TSPS membership, I have recently renewed my membership after having let it lapse for a few years because I failed to see the return.  I can assure you I see the return now.  If anything, this has sure been a wake up call about the importance of joining together to educate the public about what it is we actually do and also to defend our profession.


Thomas Cargill
t_cargill@hotmail.com






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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

Posted by James Redmon on Feb 11, 2011 6:07 pm

That is the speculation of one person, who has been known to be a bit of a conspiracy nut.  I have a theory that has absolutely no evidence to support it but the fact that our profession and the geoscientist profession overlap in the industry I think is behind it.  The reason I would like to stop speculation is that groups like TLTA, TSPE, and such can assist us under the domino theory, but if we are lashing out without evidence, we might burn bridges we need.  Someone earlier in the thread asked if TSPS had a message board and the answer is no, we took down the one we had due to the fact that it was not being used by anyone except one person.  We have started a blog though that accepts comments and I have a post on it now asking for guidance about what info the members want.  it is accessible from the front page of the tsps website but is available to members only.  That is so we can have discussions without having everything strewn around the net for everyone to peruse.
James Redmon

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James . Just a small point of order...

Posted by RADU on Feb 13, 2011 7:54 pm



I , and I am certain some other readers find it difficult to read your long posts as the there are no paragraphs breaks that aid the eye to find the next line....


Could you please consider  using paragraphs?

RADU



RADU VALUE ADDING SURVEYOR
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Re: Governor proposes suspension of funding for Texas Board of Professional Land Surveying...

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