1.2 Title 73, Chapter 13 After HB 1150: Definitions, the Board & Part 901 Chapters 1–4
Key Takeaways
HB 1150 (2026) repealed Miss. Code Ann. §§ 73-13-71 through 73-13-105 and moved surveyor licensure into §§ 73-13-1 through 73-13-49, effective July 1, 2026.
The Board has nine members: six licensed Professional Engineers and three licensed Professional Surveyors who are not licensed as engineers (§ 73-13-5).
Board members serve four-year terms, and each Supreme Court district supplies two engineer members and one surveyor member (§ 73-13-5).
The statute requires at least four regular quarterly Board meetings a year, with a quorum of at least five members (§ 73-13-13).
The Board must answer a proper declaratory-opinion request in writing within 45 days, and the opinion becomes final 60 days after issuance (Part 901, Rules 3.7–3.8).
The 2026 rewrite of Chapter 13
For decades Mississippi kept engineers in §§ 73-13-1 to 73-13-45 and surveyors in a separate article, §§ 73-13-71 to 73-13-105. House Bill 1150 (2026 Regular Session, signed April 6, 2026, effective July 1, 2026) merged the two. It amended §§ 73-13-1 through 73-13-45 to cover "engineering or surveying," added §§ 73-13-47 and 73-13-49, and repealed the old surveyor sections. The Board's rules, approved in November 2025, still cite some old numbers, so you need the crosswalk:
| Topic | Pre-2026 surveyor section (repealed) | Current section |
|---|---|---|
| Definitions, practice of surveying | § 73-13-71 | § 73-13-3 |
| License required | § 73-13-73 | § 73-13-1 |
| Qualifications | § 73-13-77 | § 73-13-23(3)–(5) |
| Applications and fees | § 73-13-79 | § 73-13-25 |
| Examinations | § 73-13-81 | § 73-13-27 |
| Certificates and seals | § 73-13-83 | § 73-13-29 |
| Expiration and renewal | § 73-13-85 | § 73-13-31 |
| Licensees from other states | § 73-13-87 | § 73-13-35 |
| Discipline and appeals | §§ 73-13-89, -93 | §§ 73-13-37, -41 |
| Violations and penalties | § 73-13-95 | § 73-13-39 |
| Trespass immunity | § 73-13-103 | § 73-13-47 (right of entry) |
| Firms | § 73-13-105 | § 73-13-43 (Certificate of Authority) |
Key statutory definitions (§ 73-13-3)
- Professional surveyor: a person who met the chapter's qualifications and was issued a PS license. A surveyor intern is a candidate enrolled after meeting the intern qualifications.
- Practice of surveying: providing or offering professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, and mapping. It includes assembling and interpreting reliable measurements about the location, size, shape, or physical features of the earth and improvements, and "in particular, the retracement of or the creating of land boundaries and descriptions of real property." The statute lists four examples: (a) locating, relocating, establishing, reestablishing, laying out, or retracing any property boundary or easement; (b) surveys for subdividing land, including rights-of-way and easements; (c) determining the position of survey monuments or reference points (control surveys); and (d) creating or modifying electronic data, including land information and geographic systems, for those activities.
- Engineering surveys support engineered projects but exclude the practice of surveying. A PE's license does not authorize boundary work.
- Responsible charge: direct control and personal supervision. The licensee must (a) have and use authority to review, change, reject, or approve the work in progress and the final product; (b) know the project's scope, needs, and limits; (c) be able to answer questions about the surveying decisions in detail; and (d) accept full responsibility.
- Firm: a business entity offering engineering or surveying through its licensed personnel. It may be a professional service corporation, a corporation, a partnership (including LPs and LLPs), or an LLC.
Section 73-13-1 makes it unlawful for any person or firm to practice or offer to practice surveying, or to use a title implying licensure, unless licensed under the chapter.
The Board (§§ 73-13-5 through 73-13-21)
| Feature | Statutory rule |
|---|---|
| Membership | 9: six licensed PEs and three licensed PSs who are not licensed PEs |
| Appointment | By the Governor from nominee lists; state surveying societies affiliated with national organizations nominate the surveyors at least 90 days before a term ends |
| Districts | Two engineers and one surveyor from each of the three Supreme Court districts |
| Term | Four years, until a successor qualifies; the Governor fills a vacancy within 90 days |
| Member qualifications | U.S. citizen; Mississippi resident for 5 years; at least 35 years old; licensed practice for at least 10 years; responsible charge for at least 5 years; no discipline in the prior 10 years |
| Teachers | A year of teaching counts as a year of responsible charge; no more than two members may teach engineering |
| Removal | By the Governor for misconduct, incompetency, neglect of duty, or missing two consecutive quarterly meetings (§ 73-13-11) |
| Meetings | At least four regular quarterly meetings a year; president, vice president, and secretary elected annually; quorum of at least five (§ 73-13-13) |
| Records | Register of applications; annual report to the Governor by March 15 (§ 73-13-19); roster of licensees (§ 73-13-21) |
Members cannot be forced to defend damage suits arising from the Board's official acts (§ 73-13-5).
Powers (§ 73-13-15). The Board may adopt rules and adopt an official seal. It may set standards of conduct and ethics, sue in its own name, restrict competitive bidding and advertising by rule, and require continuing education. It may adopt bylaws and rules, enforce the chapter, and set up a disciplinary system with fines. It may investigate and prosecute violations, set qualifications and practice standards for firms, and create a renewal system. It may also subpoena witnesses and records, administer oaths, examine and license applicants, and revoke licenses for cause.
Part 901 at a glance
| Chapter | Subject |
|---|---|
| 1 | Definitions |
| 2 | The Licensure Board |
| 3 | Declaratory Opinions |
| 4 | Public Records Request |
| 5 | Candidates for Enrollment and Licensure |
| 6 | Licensees (seals, conduct, CPC, retired status, renewals, reinstatement) |
| 7 | Standards of Practice for Surveying |
| 8 | Certificate of Authority |
| 9 | Disciplinary Actions |
Chapter 1 adds rule definitions. Enrollment means SI (or EI) recognition; dual licensee means a person licensed as both PE and PS; a PDH is 50 minutes of instruction. The chapter also defines gross negligence (reckless disregard for the rights, health, safety, or welfare of others), incompetency (lack of ordinary care or of needed skill), and misconduct (fraudulent, deceitful, or misleading acts, or acts that discredit the profession). Rule 1.3 treats unauthorized use of the words "surveyor" or "surveying," or of another person's seal or license, as noncompliance with the Statute.
Chapter 2 repeats the 6 PE + 3 PS composition. Officers serve for the state fiscal year, July 1 through June 30. Proceedings follow Robert's Rules of Order Newly Revised In Brief, and a majority of those present passes a motion with no proxy votes. Members of the public may register to speak, usually for up to 10 minutes. Rule 2.6 still says "at least two regular meetings," but the newer statute requires four quarterly meetings, and the statute controls.
Chapter 3 — declaratory opinions. A person with a substantial interest may request a written opinion on how a Statute, Rule, or Board Order applies to specified facts. The request must cover a single transaction. Within 45 days the Board must issue the opinion, agree to issue it within 90 days of receipt, or decline with reasons. An opinion is not final until 60 days after issuance. The Board may refuse matters outside its jurisdiction, matters in litigation, hypothetical questions, questions of licensing eligibility, and similar requests.
Chapter 4 — public records. Requests must be in writing. The Board produces or denies within 7 business days and never later than 14 business days. Applications, test questions, and applicant recommendations are exempt from disclosure.
After July 1, 2026, which statute contains Mississippi's definition of the "practice of surveying"?
Miss. Code Ann. § 73-13-71, which remains the surveyor-only definitions section
Miss. Code Ann. § 73-13-3, as amended by House Bill 1150
Title 30, Part 901, Rule 7.1, which replaced the statutory definition
Miss. Code Ann. § 89-6-1, the plane coordinate statute
How is the Mississippi Board of Licensure for Professional Engineers and Surveyors composed under § 73-13-5?
Five engineers, two surveyors, and two dual licensees chosen at large
Seven members elected by licensees, including at least two surveyors
Six licensed PEs and three licensed PSs who are not licensed PEs, appointed by the Governor
Nine members, three of whom must be public members with no license
A surveyor files a proper request for a declaratory opinion on how a Board rule applies to a planned practice arrangement. What must the Board do under Part 901 Chapter 3?
Hold a public hearing within 10 days and rule from the bench
Forward the request to the Attorney General, who has 120 days to answer
Issue a binding opinion immediately, final on the day it is signed
Within 45 days, issue the opinion, agree to issue it within 90 days of receipt, or decline in writing with reasons
Sections you finish are checked off in the contents.