BILL ANALYSIS
H.B. 925
By: Hunter (Sims)
Natural Resources
5-25-95
Senate Committee Report (Unamended)
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. Over the past decade, the number of privately
employed petroleum geologists and geophysicists in Texas has
declined, and the number of engineering geologists,
hydrogeologists, and environmental geologists and geophysicists has
increased. These scientists practice 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.
PURPOSE
As proposed, H.B. 925 creates the Geologist and Geophysicist
Registration Act to regulate geologists and geophysicists; provides
civil and criminal penalties.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Board of Registration for Geologists and Geophysicists under
SECTION 14(a), (d), (i), and (j), SECTION 25, and SECTION 32 of
this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. SHORT TITLE: Geologist and Geophysicist Registration
Act.
SECTION 2. PURPOSE. Sets forth the purpose of this Act.
SECTION 3. DEFINITIONS. Defines "board," "board certified
specialty geologist," "board certified specialty geophysicist,"
"certified geologist," "certified geophysicist," "geological
subordinate," "geologist," "geology," "geophysical subordinate,"
"geophysicist," "geophysics," "public practice of geology," "public
practice of geophysics," "registered geologist," "registered
geophysicist," "responsible charge," "specialty," "practice of
specialty geology," and "practice of specialty geophysics."
SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS AND GEOPHYSICISTS.
(a) Provides that the Board of Registration for Geologists and
Geophysicists (board) is created to administer the provisions of
this Act.
(b) Sets forth the composition of the 10-member board.
(c) Sets forth the composition and requisite qualifications
of the board members. Requires the composition of the board
to be representative of the occupational distribution of
geologists and geophysicists.
(d) Requires two members of the board to be members of the
general public.
(e) Requires a member of the board to be a resident of this
state for at least three years preceding appointment, and to
be at least 25 years of age. Provides that members of the
board appointed by the governor serve staggered terms.
(f) Prohibits an appointed member of the board from serving
more than two consecutive full terms.
SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. Seta forth
individuals who are not eligible for appointment as a public member
of the board.
SECTION 6. CONFLICTS OF INTEREST. (a) Prohibits an officer,
employee, or paid consultant of a Texas trade association in the
practice of geology or geophysics from being a member of the board
or an employee who is exempt from the state's position
classification plan or is compensated above specified amounts.
(b) Prohibits the spouse of a person mentioned in Subsection
(a) from being a board member, an employee exempt from the
position classification plan, or compensated above specific
amounts.
(c) Defines a Texas trade association.
SECTION 7. LOBBYIST RESTRICTION. Prohibits a person from serving
as a member of the board or acting as general counsel to the board
if the person is required to register as a lobbyist because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
SECTION 8. REMOVAL FROM BOARD. Sets forth grounds for removal from
the board.
SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC
PARTICIPATION. (a) Provides that the board is subject to Chapters
551 and 2001, Government Code.
(b) Requires the board to develop and implement policies that
provide the public with a reasonable opportunity to appear
before the board and to speak on any issue under the
jurisdiction of the board.
SECTION 10. VACANCY. Requires the governor to appoint a member
to fill the unexpired term if a vacancy on the board occurs.
SECTION 11. COMPENSATION. Provides that a member of the board
is entitled to a per diem as set by the legislature and
reimbursement for transportation and other expenses for each day
that the member engages in the business of the board.
SECTION 12. IMMUNITY FROM CIVIL LIABILITY. Provides that a
member or former member of the board or an agent, employee, or
member of an advisory committee appointed by the board under this
Act is immune from civil liability for any act or omission that
occurred in the person's official capacity. Requires the attorney
general to defend an immune person 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. (a) Requires the
board to hold two or more regular meetings in each calendar year.
Authorizes a special meeting to be held at a time permitted by rule
of the board.
(b) Requires the board to elect annually from its own
membership a chair, vice-chair, and secretary-treasurer to
serve no more than two consecutive one-year terms. Authorizes
the board to appoint an assistant secretary and other
assistant officers who are not members of the board to assist
the board and exercise its authority in carrying out its
duties and responsibilities.
(c) Provides that a majority of the board constitutes a
quorum.
(d) Requires the minutes of each board meeting to be signed
and kept by the secretary-treasurer or an assistant secretary
appointed by the board.
SECTION 14. POWERS AND DUTIES OF BOARD. (a) Authorizes the
board to adopt and enforce rules, set fees, and to recognize and
establish specialty branches of geological and geophysical
practice.
(b) Authorizes the board to prepare, administer, and grade
oral and written examinations required or permitted under this
Act. Authorizes the board to adopt or recognize examinations
prepared, administered, or graded by other organizations, on
a regional or national basis, to measure the qualifications of
an applicant for registration as a geologist or geophysicist.
(c) Requires the board to issue, renew, and reinstate
certificates of registration. Authorizes the board to require
evidence of the competence of an applicant for renewal by
requiring the applicant to participate in continuing
professional education on a periodic or other basis as a
condition for renewal of registration. Authorizes the board
to require evidence of the competence of an applicant for
reinstatement in the practice of geology or geophysics by
reviewing the applicant's qualifications and experience,
requiring continuing professional education, conducting a
reexamination on a periodic or other basis, or by other
appropriate means.
(d) Requires the board, by rule, to adopt a code of
professional conduct that is binding on all registrants and
authorizes the board to enforce the code by imposing
sanctions.
(e) Requires the board to investigate all complaints of
violations of this Act.
(f) Authorizes the board to refuse to issue, renew, suspend,
or revoke a certificate of registration and to impose
sanctions on a registrant, person, firm, or corporation for a
violation of this Act.
(g) Authorizes the board to administer oaths and affirmations
and issue subpoenas to compel the attendance of witnesses and
the production of evidence.
(h) Authorizes the board to issue cease and desist orders and
seek injunctions against a violation of this Act.
(i) Authorizes the board, by rule, to recognize the use of
certain titles of designation used by certain professional
geological or geophysical organizations, societies, or
associations, in certain cases.
(j) Requires the board, by rule, to recognize the use of
certain titles of designation or any other engineering title
by a licensed or registered professional engineer as a
legitimate engineering title separate from geology or
geophysics.
(k) Authorizes the board to enter into agreements with boards
of registration in other states and other appropriate
organizations and agencies to develop uniform standards for
certain procedures.
(l) Authorizes the board to appoint committees, employ
personnel, contractors and consultants, lease or purchase
furnishings, equipment, and supplies, lease office space, and
incur other similar administrative expenses.
SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) Requires the
board to appoint an executive director who is responsible for
managing certain day-to-day affairs of the board.
(b) Requires the board to maintain an official office and
address within the city of Austin to conduct its business.
SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) Requires the
executive director of the board to receive, administer, and account
for all money received under this Act, and to transfer the funds to
the state treasurer.
(b) Requires all funds paid to the board to be deposited in
a "geologists and geophysicists fund" (special fund).
Requires the special fund to be maintained in accordance with
the accounting procedures of, and subject to audit by, the
state treasurer. Requires all interest earned on money
deposited in the special fund to be credited to the special
fund.
(c) Requires all administrative and enforcement expenses
incurred by the board to be paid from the special fund.
(d) Requires the executive director to file an annual report
of all receipts, expenditures, and fund balances with the
state treasurer.
SECTION 17. ROSTER AND SPECIALTIES LIST. (a) Requires the
board to maintain a roster stating the name and place of business
of each registered geologist, geophysicist, and board certified
specialty geologist and geophysicist practicing under a certificate
of registration issued by the board. Requires copies of the roster
to be kept on file with the board and to be furnished on request to
a state agency, county or municipal clerk or building official, a
registration or certificate holder, and any person on written
request and after payment of a fee and applicable taxes.
(b) Requires the board to maintain a list of professional
geological and geophysical organizations, societies, and
associations and recognized specialties of geology and
geophysics in which certification is recognized by the board.
(c) Requires the board to maintain a list of each state,
territory or possession of the United States, the District of
Columbia, or foreign county in which the requirements and
qualifications for registration are comparable to those
established in this state and with which a reciprocity
agreement exists.
SECTION 18. REGISTRATION REQUIRED. (a) Prohibits a person from
practicing as a geologist or geophysicist without a certificate of
registration issued under this Act.
(b) Prohibits a person from holding out to the public that
the person is qualified to practice as a geologist or
geophysicist unless the person is registered under this Act.
(c) Prohibits a person from preparing or supervising the
preparation of a geological or geophysical report required by
certain federal, state, and local laws and provisions unless
the person is a registered geologist or geophysicist.
(d) Prohibits the state or a political subdivision of the
state from contracting for geological or geophysical services
with a person other than a person registered under this Act or
with a business entity other than a business entity that
employs geologists or geophysicists registered under this Act.
SECTION 19. APPLICATION REQUIREMENTS. (a) Requires an
applicant for registration as a geologist or geophysicist or for
temporary or reciprocal registration to apply on a form prescribed
by the board that is signed and sworn to by the applicant before a
notary public.
(b) Requires an application to be accompanied by the
appropriate application fee and include certain information.
SECTION 20. GEOLOGIST REGISTRATION REQUIREMENTS. Requires an
applicant to meet certain educational and work experience
requirements in order to be registered as a geologist.
SECTION 21. GEOPHYSICIST REGISTRATION REQUIREMENTS. Requires an
applicant to meet certain educational and work experience
requirements in order to be registered as a geophysicist.
SECTION 22. REQUIREMENTS FOR GEOLOGICAL OR GEOPHYSICAL SPECIALTY
CERTIFICATION. Requires an applicant for certification in a
geological or geophysical specialty to meet certain additional
educational and work experience requirements.
SECTION 23. QUALIFYING EXPERIENCE. Requires certain standards
to be applied in evaluating the experience of an applicant for
registration in the practice of geology or geophysics or for a
specialty certification under Sections 17, 18, and 19 of this Act.
SECTION 24. GRADUATE STUDY, RESEARCH, AND TEACHING EXPERIENCE.
(a) Provides that each year of full-time graduate study in the
geological or geophysical sciences or in a specialty of geology or
geophysics constitutes one year of professional experience in
geology or geophysics or the applicable specialty of geology or
geophysics. Provides that no more than two years of full-time
graduate study may be accepted by the board for professional
experience for a single applicant.
(b) Authorizes the board to accept geological or geophysical
research or teaching by a person studying geology or
geophysics or a geological or geophysical specialty at the
college or university level as qualifying experience if the
research or teaching is comparable to experience obtained in
the practice of geology or geophysics or a specialty of
geology or geophysics.
SECTION 25. REGISTRATION WITHOUT EXAMINATION. (a) Requires the
board to adopt rules relating to the registration of a person
holding a valid certificate of registration or license for the
practice of geology or geophysics or a recognized specialty of
geology or geophysics issued under law of another state or a
territory or possession of the United States, the District of
Columbia, or a foreign country without meeting the examination
requirements under this Act.
(b) Authorizes the board to issue a certificate of
registration to an applicant who provides proof of
registration or licensure under requirements that the board
determines to be substantially similar to those established by
this Act and who pays the required fees.
SECTION 26. TEMPORARY REGISTRATION. Authorizes a person to be
issued a temporary registration certificate authorizing temporary
practice in this state if the person complies with certain
requirements.
SECTION 27. WAIVER OF REQUIREMENTS. (a) Authorizes the board
to waive any of the requirements for registration by a two-thirds
vote of the entire board, except for the payment of a required fee,
on the written request of the applicant and if the board determines
that the applicant is otherwise qualified for registration as a
geologist or geophysicist.
(b) Requires the requirements waived under this section and
the basis for the waiver to be recorded in the applicant's
record and in the proceedings of the board.
SECTION 28. DENIAL OF REGISTRATION. (a) Authorizes the board
to deny registration for an applicant who fails to satisfy a
requirement of this Act or on a determination by the board that
there is probable cause to believe that an applicant has violated
this Act or a provision in this Act or comparable provision in the
registration law of another state.
(b) Prohibits the board from issuing a certificate of
registration pending the disposition of a complaint alleging
a violation in this or another state if the board has notice
of the alleged violation.
(c) Requires an applicant who is denied registration to be
notified of the reason for denial in writing not later than
the 30th day after the date of the board's decision.
Authorizes the applicant to make a written request for a
hearing no later than the 30th day after the date of receipt
of the notice; otherwise, the board's action is final.
SECTION 29. CONTINUING EDUCATION. Requires an applicant for
registration or certification renewal to meet the continuing
education requirements.
SECTION 30. CERTIFICATES AND SEALS. (a) Requires the board to
issue an appropriate certificate of registration to a registered
geologist or geophysicist and a specialty certification to an
applicant who meets the requirements of this Act on payment of the
applicable registration fee.
(b) Requires the certificate to show the full name of the
registrant, have a serial number, and be signed by an
appropriate officer of the board under the board's seal.
(c) Provides that the issuance by the board of a certificate
of registration is prima facie evidence that while the
certificate is valid the person named on the certificate is
entitled to all rights and privileges of a registered
geologist, geophysicist, or specialist and is entitled to
practice geology or geophysics as a firm or corporation.
(d) Requires a certificate and seal issued to a holder of a
specialty certificate to provide specific information.
SECTION 31. REGISTRATION DURATION; EXPIRATION. (a) Provides
that a certificate of registration is valid for a period not to
exceed three years and expires according to a board schedule.
(b) Requires the board to notify each certificate holder of
the date of expiration of the person's certificate and the
amount of the fee required for renewal by a certain date.
(c) Provides that on expiration, a certificate is invalid and
may not be renewed except as provided by this Act.
SECTION 32. REGISTRATION RENEWAL. (a) Requires the board to
renew or reissue a certificate of registration for a registrant who
submits the required renewal application and fee and meets the
requirements for renewal.
(b) Authorizes the board, by rule, to establish conditions
and fees for the reissuance of certificates of registration
that have lapsed, expired, or been suspended or revoked.
(c) Requires the board to reissue a new certificate to
replace any certificate of registration that has been lost,
destroyed, or mutilated, subject to the rules and fees adopted
by the board.
SECTION 33. REGISTRANT'S SEAL. (a) Requires a registrant to
obtain a seal of a design established by the board containing
certain words that indicate any specialty in which the individual
may be certified.
(b) Requires geological and geophysical reports, documents,
and other records that are offered to the public and prepared
or issued by or under the supervision of a registered
geologist or geophysicist to include certain information of
the registrant who prepared the document and an impression of
the registrant's seal in accordance with rules adopted by the
board.
SECTION 34. EXEMPTIONS; APPLICATION OF ACT. (a) Provides that
certain activities do not require registration under this Act.
(b) Provides that this Act does not permit the practice of
engineering by a geologist, geophysicist, or a specialty
geologist.
(c) Provides that a recommendation, design, analysis,
redesign, review and evaluation, supervision, or summary
analysis of an engineered structure is engineering and is
subject to the Texas Engineering Practice Act.
(d) Provides that this Act does not permit the performance of
an engineering analysis supporting the engineering design by
a geologist, geophysicist, or specialty geologist or
geophysicist, unless the action is under the supervision of a
registered professional engineer.
(e) Provides that this Act does not permit a geologist,
geophysicist, or specialty geologist or geophysicist to
provide construction quality control and evaluation or to
design, develop, or review and evaluate a plan and
specification for an engineered structure or work, regardless
of whether the structure or work is constructed of earthen or
man-made material.
(f) Provides that, regarding an environmental and pollution
remediation project, this Act permits the characterization,
study, appraisal, and investigation of the project by a
certificate holder, but does not permit the design,
development, or review and evaluation of an engineered
structure, work, or process related constructed improvements
used in the extraction and management of waste.
SECTION 35. PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
CORPORATION. Prohibits a firm or corporation from engaging in the
public practice of geology or geophysics or a specialty of geology
or geophysics, with exceptions.
SECTION 36. DISCIPLINE AND ENFORCEMENT. (a) Authorizes the
board to exercise certain disciplinary actions.
(b) Authorizes the board to impose appropriate sanctions for
certain acts of misconduct and ethical violations.
SECTION 37. COMPLAINTS; INVESTIGATION. (a) Authorizes a person
to bring a complaint alleging a violation of this Act or a rule
adopted under this Act.
(b) Requires the board to investigate all complaints brought
to its attention and authorizes the board to employ
investigators, expert witnesses, and hearing officers, appoint
advisory committees, and conduct hearings to determine whether
disciplinary or other action should be taken.
(c) Requires a complaint to be made in writing, be sworn to
by the person making the complaint, and be filed with the
board's secretary.
(d) Provides that a person who reports or provides
information to the board is not subject to an action for civil
damages.
(e) Authorizes the board to direct the secretary to file a
verified complaint charging a person with a violation of this
Act, on its own motion and on a finding of probable cause
following its investigation. Requires the board to hear all
charges, except for unfounded or unsupported charges.
SECTION 38. REPORT OF DISCIPLINARY ACTION. (a) Requires the
board to report disciplinary actions taken by the board to
appropriate regulatory officials in this state.
(b) Requires the board to report a disciplinary action taken
by the board to appropriate law enforcement authorities if the
board believes that the violation prompting the disciplinary
action constitutes a criminal offense.
(c) Authorizes the records of the board's disciplinary
actions to be released by the board to a law enforcement
agency or a licensing or registration board in this state or
another state on written request.
(d) Requires the board to issue public notice of all
suspensions and revocations of certificates of registration in
an annual report or another publication selected by the board.
Prohibits a report from including an expiration or revocation
of a registration based solely on the failure of the
registration holder to renew the certificate or to pay an
applicable fee.
SECTION 39. APPEAL. Authorizes a person aggrieved by a final
decision or action of the board imposing a sanction to appeal the
board's decision or action in a court of competent jurisdiction.
SECTION 40. REISSUANCE OF REGISTRATION. (a) Authorizes the
board to reissue a certificate of registration that was revoked on
written application to the board made after the third anniversary
of the date of the revocation. Requires the applicant to show good
cause to justify the reissuance of the registration.
(b) Requires the board to reissue a certificate of
registration that was suspended on the date the suspension
period expires. Authorizes the board to impose reasonable
conditions or limitations in connection with the reissuance of
a registration that has been suspended.
SECTION 41. OFFENSE. Provides that a person commits an offense
if the person engages in certain acts of misconduct or ethics
violations.
SECTION 42. TRANSITION. (a) Provides that an applicant who
applies for registration before September 1, 1996, may be qualified
for registration without written examination if the applicant meets
certain education requirements.
(b) Provides that an applicant for certification in a
specialty who applies before the first anniversary of the date
the board officially recognizes the specialty may be qualified
for certification in the specialty without written examination
if the applicant meets certain experience requirements.
(c) Requires an initial member of the board who is required
to be a registered geologist or geophysicist to be qualified
for registration or certification under Subsections (a) and
(b) of this section.
(d) Requires the governor to make the initial appointments to
the board before November 1, 1995. Requires the board to hold
its first meeting before January 1, 1996. Requires the
initial appointed board members to serve staggered terms.
(e) Requires the board to adopt rules under this Act not
later than November 30, 1996.
(f) Provides that a person is not required to obtain a
license under this Act until January 1, 1997.
SECTION 43. Effective date: September 1, 1995, except that
Section 18 and 41 take effect January 1, 1997.
SECTION 44. Emergency clause.