Board adopts modified SOAH recommendation, imposes 4‑year probated suspension and $13,500 penalty for surveyor Xavier Chapa

At its meeting, the Texas Board of Professional Engineers and Land Surveyors voted to adopt a modified version of a State Office of Administrative Hearings (SOAH) proposal for decision in the case against registered professional land surveyor Xavier Chapa. The board approved a 4‑year probated suspension of Chapa’s RPLS and an administrative penalty of $13,500.

Board staff told members the record showed repeated deficiencies across four separate complaints over more than a decade, including incomplete or inaccurate surveys, omitted record‑instrument references, failure to monument lines used for directional control, failure to connect or establish boundaries, and involvement with an expired firm registration. Staff recommended increasing the sanction in the ALJ’s proposal — which had suggested a reprimand and the same monetary penalty — to add a multi‑year probated suspension to reflect the pattern and seriousness of the conduct.

The board’s action reflects that recommendation. Board staff noted the $13,500 figure represents the statutory maximum administrative penalty applied to the nine violations the ALJ found (9 × $1,500 per violation). The board’s final order also includes the 4‑year probationary period; under the order Chapa may continue to practice while under board supervision but would face suspension if he accrues additional violations during the probation window.

Chapa and his counsel were notified of the meeting and declined to appear, according to staff. The board’s general counsel and staff attorneys described the ALJ’s findings and explained why staff recommended revising one of the ALJ’s legal conclusions so it would not limit the board’s authority to pursue similar violations in future cases. Members asked how the penalty amount was calculated, how nonpayment would be handled and what steps would follow after adoption; staff said unpaid penalties are typically referred to the attorney general for collection and that violations of the board order would prompt a new enforcement action.

Board member Colleen Johnson recused herself from the vote; the motion passed with the remaining members voting in favor. Staff said the final order will be posted publicly on the board’s website and included in the board’s newsletter, and that Chapa retains statutory rights to seek rehearing under the Administrative Procedure Act.

The board also discussed the range of sanctions available in unilateral final orders vs. agreed consent orders and explained that education or continuing‑education terms are typically included only in negotiated consent agreements, not in unilateral final orders.