BILL ANALYSIS
C.S.H.B. 925
By: Hunter, Todd
4-21-95
Committee Report (Substituted)
BACKGROUND
In the past most Texas Geologists and Geophysicists were engaged in
mineral and oil and gas exploration and development on behalf of
private industry. Also, the public was not as concerned about
environmental protection and its geological and geophysical aspects
as they are today. But the times have changed. Over the past
decade privately employed petroleum geologists and geophysicists in
Texas have declined, in actual numbers as well as in their
activities within the state. Meanwhile, engineering geologists,
hydrogeologists, and environmental geologists and geophysicists are
increasing significantly, practicing in specialties and areas that
directly and indirectly affect the health, safety, and welfare of
the general public. Some examples are: the analyses of natural
geological and geophysical hazards such as landslides, coastal
erosion, earthquakes, and flooding; geological and geophysical
investigations of foundation conditions for major buildings,
transportation routes, and dams; environmental geological and
geophysical evaluations of municipal, hazardous, and radioactive
waste materials disposal sites, cleanup of hazardous waste spills
and contaminated sites; and geological and geophysical studies to
provide ground-water protection. Many unqualified persons are
engaged in providing geological and geophysical services that
affect the health, safety and welfare of the general public and
qualified geologists and geophysicists presently have no official
standing before the state, in contrast to other professionals such
as engineers, architects, and surveyors who's professional services
affect the general public. The Texas Geologists and Geophysicists
Practice Act corrects these problems, but at the same time does not
interfere with other geologists and geophysicists still engaged in
private-sector activities such as petroleum exploration and
development and does not interfere with the practice of engineering
carried out by professional engineers registered in the state.
Over half the states have enacted some form of legislation
affecting the professional practice of geology or geophysics.
These legislative acts range from a formal definition of geology to
the registration and licensing of professional geologists and
geophysicists. There is now a need for a public policy to address
the professional accountability of those practicing geology or
geophysics in Texas.
PURPOSE
CSHB 925 establishes a state licensing statute to require an
individual to hold an appropriate certificate to practice as a
geologist or geophysicist before the public in Texas.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill grants additional
rulemaking authority to the Board of Registration for Geologists
and Geophysicists, in SECTIONS 9, 13, 14, 15, 19, 25, 26, 27, 28,
29, 32, 33, 35, and 40 of the bill.
SECTION BY SECTION ANALYSIS
SECTION 1: SHORT TITLE. Geologist and Geophysicist Registration Act
SECTION 2: PURPOSE. To safeguard life, health, and property;
promote public welfare; protect the environment.
SECTION 3: DEFINITIONS.
(1) "Board" means the Board of Registration for Geologists and
Geophysicists.
(2) "Board certified specialty geologist" is a registered
geologist who has met certain academic and experience
qualifications in a specialty and has been certified in that
specialty.
(3) "Board certified specialty geophysicists" is a registered
geophysicist who has met certain academic and experience
qualifications in a specialty and has been certified in that
specialty.
(4) "Certified geologist" is a geologist who has been
certified by a professional geological organization, society
or association having certification requirements that are
recognized by the Board, including the American Association of
Petroleum Geologists, the American Institute of Professional
Geologists, and the Society of Independent Professional Earth
Scientists.
(5) "Certified geophysicist" is a geophysicist who has been
certified by a professional geophysicist organization, society
or association having certification requirements that are
recognized by the Board.
(6) "Geological subordinate" is a person who assists in the
practice of geology or an exempt person in the practice of
geology without assuming the responsible charge of the work.
(7) "Geologist" is a person qualified to engage in the
practice of geology by reason of the person's knowledge of
geology, mathematics, and the supporting physical and life
sciences, acquired through education and practical experience.
(8) "Geology" means the science of the treatment of the earth
and its origins and history, the investigation of the earth's
constituent rocks, minerals, fossil fuels, solids, and fluids,
including surface and underground waters, gases, and other
materials, and the study of the natural agents, forces, and
processes that cause changes in and on the earth.
(9) "Geophysical subordinate" is a person who assists in the
practice of geophysics or an exempt person in the practice of
geophysics without assuming the responsible charge of the
work.
(10) "Geophysicist" is a person qualified to engage in the
practice of geophysics by reason of the person's knowledge of
geophysics, mathematics, physics, and the supporting physical
and life sciences, acquired through education and practical
experience.
(11) "Geophysics" is the science of the study of the physical
earth by means of measuring its natural and induced fields of
force, including electricity, gravity, and magnetism, and its
responses to natural and induced energy and the interpretation
of these measurements, and relating these measurements to the
physics of the earth.
(12) "Public practice of geology" is the public performance of
geological services or work including consulting,
investigating, evaluating, planning, surveying, mapping, and
inspecting geological work, and the responsible supervision of
those tasks.
(13) "Public practice of geophysics" is the public performance
of geophysical services or work including consulting,
investigating, evaluating, planning, surveying, mapping, and
inspecting geophysical work, and the responsible supervision
of those tasks.
(14) "Registered geologist" is a geologist who has met the
Act's academic and experience qualifications and been issued
a certificate of registration by the Board.
(15) "Registered geophysicist" is a geophysicist who has met
the Act's academic and experience qualifications and been
issued a certificate of registration by the Board.
(16) "Responsible charge" is the independent control and
direction of geological or geophysical work or the supervision
of geological or geophysical work by the use of initiative,
skill, and independent judgement.
(17) "Specialty" is a branch of geology or geophysics that has
been recognized by board for specialty certification.
(18) "Practice of specialty geology" is the performance before
the public of geological services or work including
consulting, investigating, evaluating, planning, surveying,
mapping, and inspecting geological work and the responsible
supervision of those tasks in the commonly recognized
geological practices of engineering geology, hydrogeology, and
environmental geology.
(19) "Practice of specialty geophysics" is the performance
before the public of geophysical services or work including
consulting, investigating, evaluating, planning, surveying,
mapping, and inspecting geophysical work and the responsible
supervision of those tasks in the commonly recognized
geophysical practices of engineering geophysics, groundwater
geophysics, and environmental geophysics.
SECTION 4: BOARD OF REGISTRATION FOR GEOLOGISTS AND GEOPHYSICISTS.
Subsection (a) establishes a Board of Registration.
Subsection (b) sets the number of members on the Board at 10,
nine of whom are appointed by the governor and one permanent member
being the director of the Bureau of Economic Geology of the
University of Texas at Austin.
Subsection (c) states that five members of the Board must be
registered geologists, two must be certified in a specialty. Two of
the five must be registered geophysicists, one of whom must be
certified in a specialty. To the extent possible, the board should
be representative of the occupational distribution of registered
geologists and geophysicists.
Subsection (d) Two member must be from the general public with
no family or business connection with the practice of geology or
geophysics.
Subsection (e) Requirements for Board membership includes U.S.
citizenship, Texas resident for three years prior to appointment
and be at least 25 years of age. Appointed members serve staggered
six-year terms with half of the member's terms expiring Feb. 1 of
each odd-numbered year.
Subsection (f) Establishes term limits at not more than two
consecutive full terms.
SECTION 5: RESTRICTIONS ON PUBLIC MEMBERSHIP. States which public
members are eligible and the reasons that would make a public
member ineligible to serve on the Board.
SECTION 6: CONFLICTS OF INTEREST. Sets out what creates a
conflict of interest to make a person ineligible to serve on the
Board.
SECTION 7: LOBBYIST RESTRICTION. States that no registered
lobbyist may serve on the Board.
SECTION 8: REMOVAL FROM BOARD. Establishes the grounds for removal
of a Board member if:
(1) the member is no longer qualified for appointment to the
board;
(2) the member engages in misconduct, is determined to be
incompetent, neglects the member's official duties, or engages
in malfeasance;
(3) the member commits a felony or a violation of this Act
resulting in disciplinary action;
(4) the member fails without excuse to attend at least half of
the regularly scheduled meetings held in a calendar year while
the member is a member of the board; or
(5) other good and sufficient cause for removal exists.
SECTION 9: OPEN MEETINGS; ADMINISTRATIVE PROCEDURES. States that
the Board is subject to the Open Meeting, Administrative Procedure,
and Texas Register Acts and amendments.
SECTION 10: VACANCY. Establishes procedure to fill a vacancy on
the Board.
SECTION 11: COMPENSATION. Sets compensation for Board members
while on official duty.
SECTION 12: IMMUNITY FROM CIVIL LIABILITY. Establishes immunity
from civil liability for Board members while acting in official
capacity. The Attorney General shall defend a person immune under
this section in an action brought against the board or the person
for an alleged act or omission by the person.
SECTION 13: MEETINGS; OFFICERS OF BOARD.
Subsection (a) requires at least two Board meetings per year.
Subsection (b) defines officers of the Board as chair, vice-chair and secretary-treasurer. Officers may not serve for more
than two consecutive one-year terms. Allows for an assistant
secretary and other assistant officers who are not members of
the board to assist in carrying out the duties and
responsibilities of the Board.
Subsection (c) defines a quorum as a majority of the Board.
Subsection (d) requires minutes of all meetings to be signed
and kept by the secretary-treasurer or the assistant secretary
appointed by the board.
SECTION 14: POWERS AND DUTIES OF BOARD.
(1) grants authority to adopt and enforce rules;
(2) grants authority to set reasonable and necessary fees to
be charged to applicants and registrants;
(3) allows the board to recognize and establish specialties,
establish qualifications, conduct examinations, and certify
specialties of geology and geophysics.
Subsection (b) grants authority to prepare, administer, and
grade written and oral examinations of candidates or adopt or
recognize regional or national examinations prepared by
others.
Subsection (c) grants authority to issue and renew
certificates of registration. The Board may require certain
evidence to determine renewal of registration or condition of
reinstatement.
Subsection (d) requires the board, by rule, to adopt a code of
ethics that is binding on registrants. The board may enforce
the code by imposing sanctions.
Subsection (e) grants authority to investigate all complaints.
Subsection (f) grants authority to refuse to issue or renew or
to suspend a certificate of registration for a violation of an
Act. The Board may impose sanctions, including restrictions on
the practice of a registrant, or a person, firm or corporation
for a violation of this Act or a rule adopted under this Act.
Subsection (g) grants authority to administer oaths and
affirmations and issue subpoenas to compel attendance of
witnesses and require production of evidence.
Subsection (h) grants authority to issue cease and desist
orders and seek injunctions.
Subsection (i) grants authority to recognize the use of
professional designations established by professional
organizations under the following conditions:
(1) the organization, society or association's
requirements for certification are comparable to the
educational and experience requirements of this Act and are
otherwise acceptable to the board;
(2) the full name or recognized abbreviation of the
organization granting the certification is stated following or
in conjunction with the use of the designation or
abbreviation; and
(3) the designation or abbreviation is not used in a
manner that is misleading or that creates an impression that
the person is licensed to practice geology or geophysics
publicly, unless the person is registered under this Act.
Subsection (j) requires Board, by rule, to recognize the use
of engineering designations such as "geological engineer",
"geological engineering", "geotechnical engineer",
"geotechnical engineering", "hydraulic engineer" and "hydrolic
engineering" by registered professional engineers in Texas as
a legitimate engineering title separate from geology or
geophysics or a specialty in geology or geophysics.
Subsection (k) grants authority to enter into agreements with
other states to establish uniform standards for: (1)
registration; (2) accrediting educational programs; (3)
establishing reciprocity and temporary registration; (4)
developing regional or national examinations; (5) evaluate
applicants, and (6) other purposes consistent with this Act.
Subsection (l) grants authority to appoint committees, employ
personnel, employ contractors and consultants, lease or
purchase furniture, equipment, supplies, lease office space,
and incur other expenses.
SECTION 15: EXECUTIVE DIRECTOR; OFFICES. Subsection (a)
establishes an Executive Director to be appointed by the Board. The
duties shall include:
(1) arranging for and supervising the necessary support,
secretarial and clerical services;
(2) obtaining space for holding examinations, meetings and
conferences;
(3) printing or purchasing examinations;
(4) printing and mailing forms, information and certificates;
(5) sending notices, collecting fees, and issuing receipts;
(6) conducting the correspondence of the board including
replying to routine requests for information;
(7) maintaining the minutes and records of the board;
(8) keeping records of receipts and disbursements; and
(9) providing necessary investigative services.
Subsection (b) requires an office within the City of Austin.
SECTION 16: RECEIPTS AND DISBURSEMENTS. establishes fiscal
procedures. Subsection (a) authorizes Executive Director to
receive, administer, and account for all funds. Subsection (b)
establishes the "geologists and geophysicists fund". The fund is
subjected to be audited. All interest earned on money in the fund
shall be credited to the fund. Subsection (c) requires all expenses
to be paid from this fund. Subsection (d) requires Executive
Director to file an annual fiscal report.
SECTION 17: ROSTER AND SPECIALTIES LIST. establishes procedures to
maintain records of registrants and Board agreements. Subsection
(a) requires a roster of registrants and establishes available of
roster. Subsection (b) requires a list of recognized specialties.
Subsection (c) requires a list of other states, territories,
possessions, and foreign countries having similar requirements.
SECTION 18: REGISTRATION REQUIRED. establishes conditions under
which a person must be registered by the Board. Subsection (a)
limits practice unless registered under this Act. Subsection (b)
limits use of terms "registered geologist" or "registered
geophysicist" or the initials "R.G.". Subsection (c) limits
geological or geophysical work required under a local, state or
federal rule or registration. Subsection (d) limits public
contracts for geological or geophysical work.
SECTION 19: APPLICATION REQUIREMENTS. establishes procedures for
application for registration. Subsection (a) requires a form
prescribed by the Board. Subsection (b) establishes materials to
accompany application for registration.
SECTION 20: GEOLOGIST REGISTRATION REQUIREMENTS. Establishes
character, education, experience, and examination requirements for
registration as a geologist in Texas.
SECTION 21: GEOPHYSICIST REGISTRATION REQUIREMENTS. Establishes
character, education, experience, and examination requirements for
registration a sa geophysicist in Texas.
SECTION 22: REQUIREMENTS FOR GEOLOGICAL AND GEOPHYSICAL SPECIALTY
CERTIFICATION. Establishes extra education, experience, and
examination requirements for certification as a geological or
geophysical specialty in Texas.
SECTION 23: QUALIFYING EXPERIENCE. defines the standards for
evaluating the experience of an applicant and sets conditions.
SECTION 24: GRADUATE STUDY, RESEARCH, AND TEACHING EXPERIENCE.
establishes conditions for evaluating experience requirements for
academic work. Subsection (a) defines experience credit for
graduate study and sets limits. Subsection (b) defines experience
credit for research or teaching at college or university level.
SECTION 25: REGISTRATION WITHOUT EXAMINATION. establishes
conditions under which the Board may grant registration without
examination. Subsection (a) exempts a person holding a valid
license of certificate of registration issued by another state or
political body. Subsection (b) authorizes Board to grant
reciprocity registration.
SECTION 26: TEMPORARY REGISTRATION. establishes conditions and
requirements for the issuance of a temporary certificate of
registration.
SECTION 27: WAIVER OF REQUIREMENTS. authorizes the Board to waive
requirements for registration except payment of fees. Subsection
(a) requires a 2/3 vote. Subsection (b) requires record of waiver
in applicant's file.
SECTION 28: DENIAL OF REGISTRATION. establishes conditions and
requirements under which Board may deny registration. Subsection
(a) sets conditions for denial of registration. Subsection (b)
sets conditions for denial if a complaint is filed against an
applicant in this or another sate. Subsection (c) sets
requirements for Board notification of denial.
SECTION 29: CONTINUING EDUCATION. authorizes Board to require
continuing education for renewal of certificate.
SECTION 30: CERTIFICATES AND SEALS. establishes requirements for
a certificate of registration and seal. Subsection (a) requires
Board to issue a certificate of registration. Subsection (b)
defines and specifies information on the certificate of
registration. Subsection (c) establishes a certificate of
registration as prima facia evidence of registration.
SECTION 31: REGISTRATION DURATION; EXPIRATION. establishes terms
and expiration of certificates. Subsection (a) sets maximum term
of certificate. Subsection (b) requires notification of expiration
date and renewal fees. Subsection (c) defines expired certificate
as invalid and requires renewal.
SECTION 32: REGISTRATION RENEWAL. establishes conditions for
renewal of certificate of registration. Subsection (a) sets
requirements and conditions for renewal of certificate. Subsection
(b) authorizes Board to establish conditions and fees for
reissuance of lapsed, expired, suspended, or revoked certificates.
Subsection (c) requires reissuance of a certificate that has been
lost, destroyed, or mutilated.
SECTION 33: REGISTRANT'S SEAL. establishes requirements and
conditions for a registrant's seal. Subsection (a) requires an
approved seal upon registration. Subsection (b) sets requirements
and conditions where seal is to used.
SECTION 34: EXEMPTIONS. establishes limitations to this Act
through the exemption of certain activities and professionals.
Subsection (a) exempts specified activities: (1) Work performed by
an employee of subordinate, (2) Work performed by an officer of the
United States government, (3) Work performed exclusively in
exploring for and developing resources, (4) Research, (5) Teaching,
except for teaching in a Board recognized specialty, (6)
Acquisition, analysis, and interpretation of engineering data
involving soil, rock, water, and other earth materials for
analysis, design, and construction of engineered works by a
professional engineer registered as an engineer in Texas, (7) Work
performed by other physical or natural scientists if the work is
not responsible charge of geological or geophysical work, and (8)
Geological or geophysical testimony and preparation of exhibits for
any administrative of judicial tribunal or hearing. Subsection (b)
specifically prohibits a registrant from practicing engineering
unless it is incidental to the practice of the registrant and does
not include the design of an engineered structure.
SECTION 35: PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
CORPORATION. establishes requirements and conditions for firms or
corporations practicing geology or geophysics. Subsection (a) sets
conditions and limitations for firms practicing geology or
geophysics. Subsection (b) states that any firm or corporation is
subject to the rules of the Board. Subsection (c) limits practice
by a person, firm, or corporation.
SECTION 36: DISCIPLINE AND ENFORCEMENT. establishes disciplinary
actions and enforcement powers of the Board. Subsection (a)
establishes and defines the disciplinary actions authorized to the
Board. Subsection (b) establishes conditions and defines the
Board's authority to impose sanctions.
SECTION 37: COMPLAINTS; INVESTIGATION. establishes procedures for
persons to file complaints against a registrant and Board response.
Subsection (a) establishes who may file complaint. Subsection (b)
requires Board to investigate all complaints. Subsection (c)
establishes requirements for filing a complaint. Subsection (d)
exempts a person reporting or providing information to the Board in
good faith from liability for civil damage. Subsection (e)
authorizes Board, upon investigation, to file a verified complaint
against a registrant.
SECTION 38: REPORT OF DISCIPLINARY ACTION. establishes procedures
for the Board to report disciplinary actions. Subsection (a)
establishes who should receive reports. Subsection (b) requires
Board to report disciplinary actions to appropriate law enforcement
agencies if the violation constitutes a criminal offense.
Subsection (c) authorizes release of reports to other registration
boards or law enforcement agencies. Subsection (d) requires Board
to issue public notice of all suspensions and revocations of
certificates, except for non payment or renewal fees.
SECTION 39; APPEAL. authorizes a person to appeal any Board action
to a court of competent jurisdiction.
SECTION 40: REISSUANCE OF REGISTRATION. establishes procedures to
reissue certificate of registration. Subsection (a) allows Board
to reissue a revoked certificate under specific conditions.
Subsection (b) requires Board to reissue a suspended certificate on
the date that the suspension expires.
SECTION 41: OFFENSE. establishes and defines actions that
constitute an offense under this Act. Subsection (a) establishes
and defines offenses under this Act. Subsection (b) defines an
offense under this section is a Class A misdemeanor.
SECTION 42: TRANSITION. establishes procedures and conditions for
registration during the transition period. Subsection (a)
establishes conditions for applications filed prior to September 1
1996. Subsection (b) establishes conditions for registration in a
specialty of geology or geophysics during transition period.
Subsection (c) defines qualifications for initial Board members.
Subsection (d) establishes procedure and date for initial Board
appointments and date of first Board meeting. Subsection (e)
authorizes Board to use the Council of Professional Geological
Organizations, Suggested Practice Act of 1993, with appropriate
provisions for geophysicists as a guide for rule writing.
Subsection (f) requires Board to adopt rules under this Act prior
to November 30, 1995. Subsection (g) sets date for requirement for
registration.
SECTION 43: EFFECTIVE DATE. sets effective date September 1, 1995,
except Sections 18 and 41 effective January 1, 1997.
SECTION 44: EMERGENCY. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute added SECTIONS 5, 6, and 7. SECTION 5, deals with
restrictions on public membership, stating which public members are
eligible and the reasons that would make a public member ineligible
to serve on the Board. SECTION 6, relates to CONFLICTS OF
INTEREST, and sets out what creates a conflict of interest to make
a person ineligible to serve on the Board. SECTION 7, sets
LOBBYIST RESTRICTIONS, stating that no registered lobbyist may
serve on the board. SECTIONS 5,6,and 7 represent new language that
was not contained in the original, and are the substantive changes
to the bill.
SUMMARY OF COMMITTEE ACTION
HB 925 was considered in a Public Hearing on April 19, 1995. The
Chair laid out HB 925 and recognized the author Rep. Todd Hunter to
explain the bill. Rep. Pickett offered a complete committee
substitute and moved that the full committee adopt CSHB 925. There
was no objection. The Chair recognized the following persons to
testify in favor of the bill:
Mr. David G. Rensink, Geologist, Task Force for the
Registration of Geologists and Geophysicists;
Mr. Steve Stagner, Consulting Engineers Council of Texas;
The Chair recognized Rep. T. Hunter to close on the bill. HB 925
was left pending in committee. There was no objection. HB 925 was
considered in a Formal Meeting on April 21, 1995. The Chair laid
out HB 925 as substituted which was pending in committee. There
was no objection. Rep. Goolsby moved that the full committee adopt
HB 925 as substituted, and that it be reported favorably to the
full House with the recommendation that it do pass and be printed,
and placed on the Local and Consent Calendar. The motion prevailed
by the following vote: AYES: 7, NAYS: 0, ABSENT: 2.