74R8731 CAG-D
By Hunter of Nueces, et al. H.B. No. 925
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of geologists and geophysicists;
1-3 providing civil and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Geologist and Geophysicist Registration Act.
1-7 SECTION 2. PURPOSE. In order to safeguard the life, health,
1-8 and property of the citizens of this state, to promote the public
1-9 welfare, and to protect the environment, the public practice of
1-10 geology and geophysics in this state is declared to be subject to
1-11 regulation in the public interest.
1-12 SECTION 3. DEFINITIONS. In this Act:
1-13 (1) "Board" means the Board of Registration for
1-14 Geologists and Geophysicists.
1-15 (2) "Board certified specialty geologist" means a
1-16 registered geologist who has met the academic and experience
1-17 qualifications in a specialty of geology established under this Act
1-18 and has been certified in that specialty by the board.
1-19 (3) "Board certified specialty geophysicist" means a
1-20 registered geophysicist who has met the academic and experience
1-21 qualifications in a specialty of geophysics established under this
1-22 Act and has been certified in that specialty by the board.
1-23 (4) "Certified geologist" means a geologist who has
1-24 been certified by a professional geological organization, society,
2-1 or association that has certification requirements that have been
2-2 recognized by the board as provided by this Act, including the
2-3 American Association of Petroleum Geologists, the American
2-4 Institute of Professional Geologists, and the Society of
2-5 Independent Professional Earth Scientists.
2-6 (5) "Certified geophysicist" means a geophysicist who
2-7 has been certified by a professional geophysical organization,
2-8 society, or association that has certification requirements that
2-9 have been recognized by the board.
2-10 (6) "Geological subordinate" means a person who
2-11 assists in the practice of geology or an exempt person in the
2-12 practice of geology without assuming the responsible charge of the
2-13 work.
2-14 (7) "Geologist" means a person qualified to engage in
2-15 the practice of geology by reason of the person's knowledge of
2-16 geology, mathematics, and the supporting physical and life
2-17 sciences, acquired through education and practical experience.
2-18 (8) "Geology" means the science of the earth and its
2-19 origin and history, the investigation of the earth's constituent
2-20 rocks, minerals, fossil fuels, solids, and fluids, and the study of
2-21 the natural agents, forces, and processes that cause changes in and
2-22 on the earth. The term does not include design, analysis,
2-23 redesign, or a summary evaluation of any engineering work, product,
2-24 or construction.
2-25 (9) "Geophysical subordinate" means a person who
2-26 assists in the practice of geophysics or an exempt person in the
2-27 practice of geophysics without assuming the responsible charge of
3-1 the work.
3-2 (10) "Geophysicist" means a person qualified to engage
3-3 in the practice of geophysics by reason of the person's knowledge
3-4 of geophysics, mathematics, physics, and the supporting physical
3-5 and life sciences, acquired through education and practical
3-6 experience.
3-7 (11) "Geophysics" means the science of the study of
3-8 the physical earth by means of measuring its natural and induced
3-9 fields of force, including electricity, gravity, and magnetism, and
3-10 its responses to natural and induced energy and the interpretation
3-11 of these measurements, and relating these measurements to the
3-12 physics of the earth.
3-13 (12) "Public practice of geology" means the
3-14 performance before the public of geological services or work,
3-15 including consulting, investigating, evaluating, planning, mapping,
3-16 and inspecting geological work, and the responsible supervision of
3-17 those tasks.
3-18 (13) "Public practice of geophysics" means the
3-19 performance before the public of geophysical services or work,
3-20 including consulting, investigating, evaluating, planning, mapping,
3-21 and inspecting geophysical work, and the responsible supervision of
3-22 those tasks.
3-23 (14) "Registered geologist" means a geologist who has
3-24 met the academic and experience qualifications of this Act and who
3-25 has been issued a certificate of registration as a registered
3-26 geologist by the board.
3-27 (15) "Registered geophysicist" means a geophysicist
4-1 who has met the academic and experience requirements of this Act
4-2 and who has been issued a certificate of registration as a
4-3 registered geophysicist by the board.
4-4 (16) "Responsible charge" means the independent
4-5 control and direction of geological or geophysical work or the
4-6 supervision of geological or geophysical work by the use of
4-7 initiative, skill, and independent judgment.
4-8 (17) "Specialty" means a branch of geology or
4-9 geophysics that has been recognized by the board for specialty
4-10 certification.
4-11 (18) "Practice of specialty geology" means the
4-12 performance before the public of geological services or work,
4-13 including consulting, investigating, evaluating, planning, mapping,
4-14 and inspecting geological work, and the responsible supervision of
4-15 those tasks in commonly recognized specialty geological practices,
4-16 including engineering geology, hydrogeology, and environmental
4-17 geology.
4-18 (19) "Practice of specialty geophysics" means the
4-19 performance before the public of geophysical services or work,
4-20 including consulting, investigating, evaluating, planning, mapping,
4-21 and inspecting geophysical work, and the responsible supervision of
4-22 those tasks in commonly recognized specialty geophysical practices,
4-23 including engineering geophysics, hydrogeophysics, and
4-24 environmental geophysics.
4-25 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS AND
4-26 GEOPHYSICISTS. (a) The Board of Registration for Geologists and
4-27 Geophysicists is created to administer the provisions of this Act.
5-1 (b) The board is composed of 10 members, nine of whom are
5-2 appointed by the governor with the advice and consent of the senate
5-3 and one of whom is a permanent member and is the director of the
5-4 Bureau of Economic Geology of The University of Texas at Austin.
5-5 (c) Five of the appointed members of the board must be
5-6 geologists registered under this Act, two of whom must be board
5-7 certified in a specialty of geology recognized under this Act. Two
5-8 of the appointed members of the board must be geophysicists
5-9 registered under this Act, one of whom must be board certified in a
5-10 specialty of geophysics recognized under this Act. To the extent
5-11 possible, the composition of the appointed geologists and
5-12 geophysicists serving on the board must be representative of the
5-13 occupational distribution of geologists and geophysicists
5-14 registered under this Act.
5-15 (d) Two members of the board must be members of the general
5-16 public.
5-17 (e) A member of the board must be a citizen of the United
5-18 States, must have been a resident of this state for at least three
5-19 years preceding appointment, and must be at least 25 years of age.
5-20 Members of the board appointed by the governor serve staggered
5-21 six-year terms, with the terms of three members expiring February 1
5-22 of each odd-numbered year.
5-23 (f) An appointed member of the board may not serve more than
5-24 two consecutive full terms.
5-25 SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. A person is
5-26 not eligible for appointment as a public member of the board if the
5-27 person or the person's spouse:
6-1 (1) is registered, certified, or licensed by an
6-2 occupational regulatory agency in the practice of geology or
6-3 geophysics;
6-4 (2) is employed by or participates in the management
6-5 of a business entity or other organization regulated by the board
6-6 or receiving funds from the board;
6-7 (3) owns or controls, directly or indirectly, more
6-8 than a 10 percent interest in a business entity or other
6-9 organization regulated by the board or receiving funds from the
6-10 board; or
6-11 (4) uses or receives a substantial amount of tangible
6-12 goods, services, or funds from the board, other than compensation
6-13 or reimbursement authorized by law for board membership,
6-14 attendance, or expenses.
6-15 SECTION 6. CONFLICTS OF INTEREST. (a) An officer,
6-16 employee, or paid consultant of a Texas trade association in the
6-17 practice of geology or geophysics may not be a member of the board
6-18 or employee of the board who is exempt from the state's position
6-19 classification plan or is compensated at or above the amount
6-20 prescribed by the General Appropriations Act for step 1, salary
6-21 group 17, of the position classification salary schedule.
6-22 (b) A person who is the spouse of an officer, manager, or
6-23 paid consultant of a Texas trade association in the practice of
6-24 geology or geophysics may not be a member of the board and may not
6-25 be an employee of the board who is exempt from the state's position
6-26 classification plan or is compensated at or above the amount
6-27 prescribed by the General Appropriations Act for step 1, salary
7-1 group 17, of the position classification salary schedule.
7-2 (c) For the purposes of this section, a Texas trade
7-3 association is a nonprofit, cooperative, and voluntarily joined
7-4 association of business or professional competitors in this state
7-5 designed to assist its members and its industry or profession in
7-6 dealing with mutual business or professional problems and in
7-7 promoting their common interest.
7-8 SECTION 7. LOBBYIST RESTRICTION. A person may not serve as
7-9 a member of the board or act as the general counsel to the board if
7-10 the person is required to register as a lobbyist under Chapter 305,
7-11 Government Code, because of the person's activities for
7-12 compensation on behalf of a profession related to the operation of
7-13 the board.
7-14 SECTION 8. REMOVAL FROM BOARD. It is a ground for removal
7-15 from the board if:
7-16 (1) the member is no longer qualified for appointment
7-17 to the board;
7-18 (2) the member engages in misconduct, is determined to
7-19 be incompetent, neglects the member's official duties, or engages
7-20 in malfeasance;
7-21 (3) the member commits a felony or a violation of this
7-22 Act resulting in disciplinary action;
7-23 (4) the member fails without excuse to attend at least
7-24 half of the regularly scheduled meetings held in a calendar year
7-25 while the member is a member of the board; or
7-26 (5) other good and sufficient cause for removal
7-27 exists.
8-1 SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC
8-2 PARTICIPATION. (a) The board is subject to Chapters 551 and 2001,
8-3 Government Code.
8-4 (b) The board shall develop and implement policies that
8-5 provide the public with a reasonable opportunity to appear before
8-6 the board and to speak on any issue under the jurisdiction of the
8-7 board.
8-8 SECTION 10. VACANCY. If a vacancy on the board occurs, the
8-9 governor shall appoint a member to fill the unexpired term as
8-10 provided by this Act.
8-11 SECTION 11. COMPENSATION. A member of the board is entitled
8-12 to a per diem as set by the legislature for each day that the
8-13 member engages in the business of the board. A member of the board
8-14 is entitled to reimbursement for transportation and other expenses
8-15 incurred in connection with the business of the board.
8-16 SECTION 12. IMMUNITY FROM CIVIL LIABILITY. A member or
8-17 former member of the board or an agent, employee, or member of an
8-18 advisory committee appointed by the board under this Act is immune
8-19 from civil liability for any act or omission that occurred in the
8-20 person's official capacity. The attorney general shall defend a
8-21 person immune under this section in an action brought against the
8-22 board or the person for an alleged act or omission by the person.
8-23 SECTION 13. MEETINGS; OFFICERS OF BOARD. (a) The board
8-24 shall hold two or more regular meetings in each calendar year. A
8-25 special meeting may be held at a time permitted by rule of the
8-26 board.
8-27 (b) The board shall elect annually from its own membership a
9-1 chair, vice chair, and secretary-treasurer, none of whom may hold
9-2 office for more than two consecutive one-year terms. The board may
9-3 appoint an assistant secretary and other assistant officers who are
9-4 not members of the board to assist the board and exercise its
9-5 authority in carrying out its duties and responsibilities.
9-6 (c) A majority of the board constitutes a quorum.
9-7 (d) Minutes of each meeting of the board, recording the
9-8 members present and the business conducted, shall be signed and
9-9 kept by the secretary-treasurer or an assistant secretary appointed
9-10 by the board.
9-11 SECTION 14. POWERS AND DUTIES OF BOARD. (a) The board may:
9-12 (1) adopt and enforce rules consistent with this Act
9-13 and necessary for the performance of its duties;
9-14 (2) set reasonable and necessary fees to be charged
9-15 applicants and registrants under this Act; and
9-16 (3) recognize and establish specialty branches of
9-17 geological and geophysical practice and establish qualifications,
9-18 conduct examinations, and certify specialties for qualified
9-19 applicants.
9-20 (b) The board may prepare, administer, and grade oral and
9-21 written examinations required or permitted under this Act. The
9-22 board may adopt or recognize, in part or in whole, examinations
9-23 prepared, administered, or graded by other organizations, on a
9-24 regional or national basis, that the board determines appropriate
9-25 to measure the qualifications of an applicant for registration as a
9-26 geologist or geophysicist or in a specialty of geology or
9-27 geophysics if:
10-1 (1) the examination questions, the correct answers,
10-2 and an individual applicant's completed examination are available
10-3 to the board; and
10-4 (2) the board retains the authority to determine a
10-5 passing grade for registration in this state.
10-6 (c) The board shall issue, renew, and reinstate certificates
10-7 of registration as provided by this Act. As a condition for
10-8 renewal of registration, the board may require evidence of the
10-9 competence of an applicant for renewal by requiring the applicant
10-10 to participate in continuing professional education on a periodic
10-11 or other basis. As a condition for reinstatement, the board may
10-12 require evidence of the competence of an applicant for
10-13 reinstatement in the practice of geology or geophysics by reviewing
10-14 the applicant's qualifications and experience, by requiring
10-15 continuing professional education, by conducting a reexamination on
10-16 a periodic or other basis, or by other appropriate means.
10-17 (d) The board, by rule, shall adopt a code of professional
10-18 conduct that is binding on all registrants under this Act. The
10-19 board may enforce the code by imposing sanctions as provided by
10-20 this Act.
10-21 (e) The board shall investigate all complaints of violations
10-22 of this Act as provided by this Act.
10-23 (f) The board may refuse to issue or renew or may suspend or
10-24 revoke a certificate of registration and may impose sanctions,
10-25 including restrictions on the practice of a registrant or a person,
10-26 firm, or corporation practicing under this Act for a violation of
10-27 this Act or a rule adopted under this Act.
11-1 (g) The board may administer oaths and affirmations and
11-2 issue subpoenas to compel the attendance of witnesses and the
11-3 production of evidence.
11-4 (h) The board may issue cease and desist orders and seek
11-5 injunctions against a violation of this Act or a rule adopted under
11-6 this Act.
11-7 (i) The board, by rule, shall recognize the use of the
11-8 designations "Certified Professional Geologist" or "C.P.G." as used
11-9 by the American Institute of Professional Geologists, "Certified
11-10 Petroleum Geologist" or "C.P.G." as used by the American
11-11 Association of Petroleum Geologists, and the use of the designation
11-12 "Certified Geologist" or "Certified Geophysicist" or any similar
11-13 designation used by a professional geological or geophysical
11-14 organization, society, or association recognized by the board, if:
11-15 (1) the organization, society, or association's
11-16 requirements for certification are comparable to the educational
11-17 and experience requirements of this Act and are otherwise
11-18 acceptable to the board;
11-19 (2) the full name or recognized abbreviation of the
11-20 organization granting the certification is stated following or in
11-21 conjunction with the use of the designation or abbreviation; and
11-22 (3) the designation or abbreviation is not used in a
11-23 manner that is misleading or that creates an impression that the
11-24 person is licensed to practice geology or geophysics before the
11-25 public unless the person is registered under this Act.
11-26 (j) The board, by rule, shall recognize the use of the
11-27 designations "geological engineer," "geotechnical engineer,"
12-1 "hydraulic engineer," and "agricultural engineer" as legitimate
12-2 engineering titles separate from geology or geophysics or a
12-3 specialty of geology or geophysics and requiring registration as a
12-4 professional engineer.
12-5 (k) The board may enter into agreements with boards of
12-6 registration in other states and other appropriate organizations
12-7 and agencies to develop uniform standards for:
12-8 (1) the registration of geologists and geophysicists;
12-9 (2) accrediting educational programs;
12-10 (3) establishing reciprocity and temporary
12-11 registrations;
12-12 (4) developing regional or national examinations;
12-13 (5) evaluating applicants; and
12-14 (6) other purposes consistent with this Act.
12-15 (l) The board may appoint committees, employ personnel,
12-16 employ contractors and consultants, lease or purchase furnishings,
12-17 equipment, and supplies, lease office space, and incur other
12-18 similar expenses in connection with the administration of this Act.
12-19 SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) The board
12-20 shall appoint an executive director, who shall be responsible for
12-21 managing the day-to-day affairs of the board, including:
12-22 (1) arranging for and supervising the necessary
12-23 support, secretarial, and clerical services;
12-24 (2) obtaining space for holding examinations,
12-25 meetings, and conferences;
12-26 (3) printing or purchasing examinations;
12-27 (4) printing and mailing forms, information, and
13-1 certificates;
13-2 (5) sending notices, collecting fees, and issuing
13-3 receipts;
13-4 (6) conducting the correspondence of the board,
13-5 including replying to routine requests for information;
13-6 (7) maintaining the minutes and records of the board;
13-7 (8) keeping records of receipts and disbursements; and
13-8 (9) providing necessary investigative services.
13-9 (b) The board shall maintain an official office and address
13-10 within the city of Austin to conduct its business.
13-11 SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
13-12 executive director shall receive, administer, and account for all
13-13 money received under this Act and shall transfer the funds to the
13-14 state treasurer.
13-15 (b) All funds paid to the board under this Act shall be
13-16 deposited in a special fund, known as the "geologists and
13-17 geophysicists fund." The geologists and geophysicists fund shall
13-18 be maintained in accordance with the accounting procedures of, and
13-19 shall be subject to audit by, the state treasurer. Interest earned
13-20 on money deposited in the geologists and geophysicists fund shall
13-21 be credited to the geologists and geophysicists fund.
13-22 (c) All expenses incurred by the board in the administration
13-23 and enforcement of this Act shall be paid from the geologists and
13-24 geophysicists fund.
13-25 (d) The executive director shall file an annual report of
13-26 all receipts, expenditures, and fund balances with the state
13-27 treasurer.
14-1 SECTION 17. ROSTER AND SPECIALTIES LIST. (a) The board
14-2 shall maintain a roster stating the name and place of business of
14-3 each registered geologist and geophysicist and board certified
14-4 specialty geologist and geophysicist practicing under a certificate
14-5 of registration issued by the board. Copies of the roster shall be
14-6 kept on file with the board and shall be furnished on request to a
14-7 state agency, county or municipal clerk or building official, and a
14-8 registration or certificate holder. A copy of the roster shall
14-9 also be furnished to any person on written request, subject to
14-10 payment of a reasonable fee set by the board and any applicable
14-11 state taxes.
14-12 (b) The board shall maintain a list of recognized
14-13 specialties of geology and geophysics in which certification is
14-14 recognized by the board under this Act and professional geological
14-15 and geophysical organizations, societies, and associations
14-16 recognized by the board.
14-17 (c) The board shall maintain a list of each state, territory
14-18 or possession of the United States, the District of Columbia, or
14-19 foreign country in which the requirements and qualifications for
14-20 registration are comparable to those established in this state and
14-21 with which a reciprocity agreement exists.
14-22 SECTION 18. REGISTRATION REQUIRED. (a) Unless exempted by
14-23 this Act, a person may not practice as a geologist or geophysicist
14-24 or engage in the practice of geology or geophysics or a specialty
14-25 of geology or geophysics without a certificate of registration
14-26 issued under this Act.
14-27 (b) A person may not use the term "registered geologist" or
15-1 "registered geophysicist," claim to have a specialty in geology or
15-2 geophysics as part of a professional, business, or commercial
15-3 identification or title, or otherwise hold out to the public that
15-4 the person is qualified to practice as a geologist or geophysicist
15-5 or to engage in the practice of geology or geophysics or a
15-6 specialty of geology or geophysics unless the person is registered
15-7 under this Act.
15-8 (c) A person may not prepare or supervise the preparation of
15-9 a geological or geophysical report or a geological or geophysical
15-10 portion of a report required by municipal or county ordinance,
15-11 state or federal law, state agency rule, or federal regulation that
15-12 incorporates or is based on a geological or geophysical study or
15-13 geological or geophysical data unless the person is registered as a
15-14 geologist or geophysicist under this Act.
15-15 (d) The state or a political subdivision of the state may
15-16 not contract for geological or geophysical services with a person
15-17 other than a person registered under this Act or with a business
15-18 entity other than a business entity that employs geologists or
15-19 geophysicists registered under this Act who shall be responsible
15-20 for the geological or geophysical work performed by the business
15-21 entity.
15-22 SECTION 19. APPLICATION REQUIREMENTS. (a) An applicant for
15-23 registration as a geologist or geophysicist, for certification in a
15-24 specialty of geology or geophysics, or for temporary or reciprocal
15-25 registration must apply on a form prescribed by the board that is
15-26 signed and sworn to by the applicant before a notary public.
15-27 (b) An application must be accompanied by the appropriate
16-1 application fee and include:
16-2 (1) information concerning the applicant's education;
16-3 (2) a detailed summary of the applicant's geological
16-4 or geophysical work experience, including work in a specialty in
16-5 which the applicant seeks certification;
16-6 (3) a signed statement that the applicant has read and
16-7 will comply with the code of professional conduct; and
16-8 (4) not fewer than five reference letters, of which
16-9 not fewer than three are from geologists or geophysicists having
16-10 personal knowledge of the applicant's geological or geophysical
16-11 experience.
16-12 (c) An applicant must pay a fee for application,
16-13 examination, registration, and renewal of a certificate of
16-14 registration, in addition to any other fee required by the board.
16-15 SECTION 20. GEOLOGIST REGISTRATION REQUIREMENTS. To be
16-16 registered as a geologist, an applicant must:
16-17 (1) be of good moral and ethical character as attested
16-18 to by letters of reference submitted on behalf of the applicant or
16-19 as otherwise determined by the board;
16-20 (2) have graduated from a course of study in geology
16-21 or geoscience satisfactory to the board or from a program
16-22 accredited by an organization recognized by the board, of four or
16-23 more years' duration and including at least 30 semester or 45
16-24 quarter hours of credit, with a major in geology or geoscience or a
16-25 geological specialty, or have satisfactorily completed other
16-26 equivalent educational requirements as determined by the board;
16-27 (3) have a documented record of a minimum of four
17-1 years of satisfactory work experience in geology or a specialty of
17-2 geology obtained after completing the academic requirements of a
17-3 bachelor of science degree from an approved or accredited college
17-4 or university or have a documented record of not less than six
17-5 years of satisfactory work experience in geology or a specialty of
17-6 geology obtained after completing the academic requirements of a
17-7 bachelor of arts degree from an approved or accredited college or
17-8 university that demonstrates that the applicant is qualified to
17-9 assume responsible charge for geological work on registration as a
17-10 geologist, two years of which work experience may be required by
17-11 the board to have been gained under the supervision of a geologist
17-12 registered in this state or another state or gained under the
17-13 supervision of another person who, in the opinion of the board, is
17-14 qualified to have responsible charge of geological work;
17-15 (4) have passed an American State Board of Geologists
17-16 examination or an equivalent examination covering the fundamentals
17-17 and practice of geology required by the board; and
17-18 (5) meet other general or individual requirements
17-19 established by the board under this Act.
17-20 SECTION 21. GEOPHYSICIST REGISTRATION REQUIREMENTS. To be
17-21 registered as a geophysicist, an applicant must:
17-22 (1) be of good moral and ethical character as attested
17-23 to by letters of reference submitted on behalf of the applicant or
17-24 as otherwise determined by the board;
17-25 (2) have graduated from a course of study in
17-26 geophysics, geophysical science, or another discipline that in the
17-27 board's opinion is relevant to geophysics or from a program
18-1 accredited by an organization recognized by the board, of four or
18-2 more years' duration and including at least 30 semester or 45
18-3 quarter hours of credit, with a major in geophysics or geoscience
18-4 or a geophysical specialty, or have satisfactorily completed other
18-5 equivalent educational requirements as determined by the board;
18-6 (3) have a documented record of a minimum of four
18-7 years of satisfactory work experience in geophysics or a specialty
18-8 of geophysics obtained after completing the academic requirements
18-9 of a bachelor of science degree from an approved or accredited
18-10 institution of higher learning or have a documented record of not
18-11 less than six years of satisfactory work experience in geophysics
18-12 or a specialty of geophysics obtained after completing the academic
18-13 requirements of a bachelor of arts degree from an approved or
18-14 accredited college or university that demonstrates that the
18-15 applicant is qualified to assume responsible charge for geophysical
18-16 work on registration as a geophysicist, two years of which work
18-17 experience may be required by the board to have been gained under
18-18 the supervision of a geophysicist registered in this state or
18-19 another state or gained under the supervision of another person
18-20 who, in the opinion of the board, is qualified to have responsible
18-21 charge of geophysical work;
18-22 (4) have passed an examination covering the
18-23 fundamentals and practice of geophysics required by the board; and
18-24 (5) meet other general or individual requirements
18-25 established by the board under this Act.
18-26 SECTION 22. REQUIREMENTS FOR GEOLOGICAL OR GEOPHYSICAL
18-27 SPECIALTY CERTIFICATION. An applicant for certification in a
19-1 geological or geophysical specialty must meet the following
19-2 requirements in addition to meeting the requirements of Section 20
19-3 or 21 of this Act, as appropriate:
19-4 (1) have successfully completed 12 semester or 16
19-5 quarter hours of advanced study in the specialty at an academic
19-6 institution acceptable to the board or completion of an equivalent
19-7 amount of professional experience acceptable to the board;
19-8 (2) have experience including a documented record of
19-9 six or more years of experience with not less than four years in
19-10 the specialty after completing the academic requirements of this
19-11 section in geological or geophysical work, as appropriate, of a
19-12 nature satisfactory to the board that demonstrates that the
19-13 applicant is qualified to assume responsible charge of the
19-14 specialty work on certification in the specialty and not less than
19-15 two years of the experience gained under the supervision of a
19-16 geologist or geophysicist certified in the specialty in this state
19-17 or another state or under the supervision of another person whom
19-18 the board determines to be qualified to have responsible charge of
19-19 geological or geophysical work in the specialty or, as an
19-20 alternative to the two years of experience under the supervision of
19-21 a geologist or geophysicist certified in the specialty, the board
19-22 may accept three reference letters from board certified specialty
19-23 geologists or geophysicists in the specialty; and
19-24 (3) have passed an American State Board of Geologists
19-25 examination or an equivalent examination required by the board in
19-26 the specialty.
19-27 SECTION 23. QUALIFYING EXPERIENCE. The following standards
20-1 shall be applied in evaluating the experience of an applicant for
20-2 registration in the practice of geology or geophysics or for a
20-3 specialty certification under Sections 20, 21, and 22 of this Act:
20-4 (1) each year of professional practice acceptable to
20-5 the board, under the direct supervision of a geologist or
20-6 geophysicist, as appropriate, who is registered in this state or in
20-7 another state under requirements for registration that are
20-8 comparable to those in this Act or under the direct supervision of
20-9 a geologist or geophysicist, as appropriate, who meets the
20-10 educational and experience requirements for registration but is not
20-11 required to be registered under this Act constitutes one year of
20-12 professional experience in geology or geophysics;
20-13 (2) each year of professional specialty geology or
20-14 geophysical practice acceptable to the board under the direct
20-15 supervision of a specialty geologist or specialty geophysicist who
20-16 is registered in the specialty under this Act or who is registered
20-17 or certified as a specialty geologist or specialty geophysicist
20-18 under comparable requirements in another state, under a civil
20-19 engineer or geological engineer registered in this state or another
20-20 state, or under a specialty geologist or specialty geophysicist who
20-21 meets the educational and experience requirements for registration
20-22 but is not required to be registered under this Act constitutes
20-23 one year of practice in a specialty in geology or geophysics; and
20-24 (3) a year of experience in professional practice
20-25 acceptable to the board and acquired before September 1, 1996,
20-26 constitutes one year of experience in professional practice if the
20-27 experience:
21-1 (A) was acquired under the direct supervision of
21-2 a geologist or geophysicist, as appropriate, who meets the
21-3 educational and experience requirements for registration under this
21-4 Act or is registered under comparable requirements in another
21-5 state; or
21-6 (B) would constitute the responsible charge of
21-7 professional work in geology or geophysics, as appropriate, as
21-8 determined by the board.
21-9 SECTION 24. GRADUATE STUDY, RESEARCH, AND TEACHING
21-10 EXPERIENCE. (a) Each year of full-time graduate study in the
21-11 geological or geophysical sciences or in a specialty of geology or
21-12 geophysics that is acceptable to the board constitutes one year of
21-13 professional experience in geology or geophysics or the applicable
21-14 specialty of geology or geophysics. Not more than two years of
21-15 full-time graduate study may be accepted by the board for
21-16 professional experience for a single applicant.
21-17 (b) The board may accept geological or geophysical research
21-18 or teaching by a person studying geology or geophysics or a
21-19 geological or geophysical specialty at the college or university
21-20 level as qualifying experience if the research or teaching, in the
21-21 judgment of the board, is comparable to experience obtained in the
21-22 practice of geology or geophysics or a specialty of geology or
21-23 geophysics.
21-24 SECTION 25. REGISTRATION WITHOUT EXAMINATION. (a) The
21-25 board shall adopt rules relating to the registration of a person
21-26 holding a valid certificate of registration or license for the
21-27 practice of geology or geophysics or a recognized specialty of
22-1 geology or geophysics issued under the law of another state or a
22-2 territory or possession of the United States, the District of
22-3 Columbia, or a foreign country, without meeting the examination
22-4 requirements of Sections 20(4), 21(4), and 22(3) of this Act.
22-5 (b) The board may issue a certificate of registration to an
22-6 applicant who provides proof of registration or licensure under
22-7 requirements that the board determines to be substantially similar
22-8 to those established by this Act and who pays the required fees.
22-9 SECTION 26. TEMPORARY REGISTRATION. A person who is not a
22-10 resident of this state and does not have an established place of
22-11 business in this state who seeks to practice geology or geophysics
22-12 in this state for a time not to exceed 90 days after the date of
22-13 registration or an applicant for reciprocal registration who seeks
22-14 to practice geology or geophysics pending a determination on the
22-15 reciprocity application may be issued a temporary registration
22-16 certificate authorizing temporary practice in this state if the
22-17 person:
22-18 (1) applies for temporary registration to the board,
22-19 provides proof of registration in another state, District of
22-20 Columbia, territory, possession, or foreign country, and pays the
22-21 required fees;
22-22 (2) agrees to comply with the signature requirements
22-23 of Section 33(b) of this Act and to affix the person's seal from
22-24 the jurisdiction where the person is registered or licensed on all
22-25 work completed while practicing under the temporary registration;
22-26 and
22-27 (3) files the required information and reports and
23-1 complies with other requirements established by the board
23-2 concerning the person's temporary practice.
23-3 SECTION 27. WAIVER OF REQUIREMENTS. (a) In an individual
23-4 case, the board may waive any of the requirements for registration
23-5 by a two-thirds vote of the entire board, except for the payment of
23-6 a required fee, on the written request of the applicant and on a
23-7 showing of good cause if the board determines that the applicant is
23-8 otherwise qualified for registration as a geologist or geophysicist
23-9 or in a specialty of geology or geophysics.
23-10 (b) The requirements waived under this section and the basis
23-11 for the waiver must be recorded in the applicant's record and in
23-12 the proceedings of the board.
23-13 SECTION 28. DENIAL OF REGISTRATION. (a) The board may deny
23-14 registration for an applicant who fails to satisfy a requirement of
23-15 this Act or on a determination by the board that there is probable
23-16 cause to believe that an applicant has violated this Act or a
23-17 provision the registrant would be subject to in this Act or a
23-18 comparable provision in the registration law of another state.
23-19 (b) The board may not issue a certificate of registration
23-20 pending the disposition of a complaint alleging a violation in this
23-21 or another state if the board has notice of the alleged violation.
23-22 (c) An applicant who is denied registration must be notified
23-23 of the reason for denial in writing not later than the 30th day
23-24 after the date of the board's decision. Not later than the 30th
23-25 day after the date of receipt of the notice, the applicant may make
23-26 a written request for a hearing. In the absence of a request for a
23-27 hearing, the board's action is final.
24-1 SECTION 29. CONTINUING EDUCATION. To renew a registration
24-2 as a geologist or geophysicist or certification as a specialty
24-3 geologist or geophysicist, an applicant for renewal must meet the
24-4 continuing education requirements for renewal established by the
24-5 board.
24-6 SECTION 30. CERTIFICATES AND SEALS. (a) The board shall
24-7 issue an appropriate certificate of registration to a registered
24-8 geologist or geophysicist and a specialty certification to an
24-9 applicant who meets the requirements of this Act for registration
24-10 as a geologist or geophysicist or for board certification in a
24-11 specialty of geology or geophysics on payment of the applicable
24-12 registration fee.
24-13 (b) The certificate must show the full name of the
24-14 registrant, have a serial number, and be signed by an appropriate
24-15 officer of the board under the board's seal.
24-16 (c) The issuance by the board of a certificate of
24-17 registration is prima facie evidence that while the certificate is
24-18 valid the person named on the certificate is entitled to all rights
24-19 and privileges of a registered geologist or geophysicist or a board
24-20 certified specialty geologist or geophysicist and is entitled to
24-21 practice geology or geophysics as a firm or corporation.
24-22 (d) A certificate and seal issued to a holder of a specialty
24-23 certificate must:
24-24 (1) clearly identify the specialty certification; and
24-25 (2) be distinct from a certificate and seal issued to
24-26 a holder of a certificate who does not have a specialty
24-27 certificate.
25-1 SECTION 31. REGISTRATION DURATION; EXPIRATION. (a) A
25-2 certificate of registration is valid for a period not to exceed
25-3 three years and expires according to a schedule established by the
25-4 board.
25-5 (b) The board shall notify each certificate holder of the
25-6 date of expiration of the person's certificate and the amount of
25-7 the fee required for renewal not later than the 60th day before the
25-8 date of expiration.
25-9 (c) On expiration, a certificate is invalid and may not be
25-10 renewed except as provided by this Act.
25-11 SECTION 32. REGISTRATION RENEWAL. (a) The board shall
25-12 renew or reissue a certificate of registration for a registrant who
25-13 before the expiration date of the certificate or within a period
25-14 not to exceed 60 days after the expiration as determined by the
25-15 board:
25-16 (1) submits the required renewal application and fee
25-17 and a penalty for late renewal if required; and
25-18 (2) meets the requirements for renewal established by
25-19 the board.
25-20 (b) The board, by rule, may establish conditions and fees
25-21 for the reissuance of certificates of registration that have
25-22 lapsed, expired, or been suspended or revoked.
25-23 (c) The board shall reissue a new certificate to replace any
25-24 certificate of registration that has been lost, destroyed, or
25-25 mutilated, subject to the rules and fees adopted by the board.
25-26 SECTION 33. REGISTRANT'S SEAL. (a) On registration, a
25-27 registrant must obtain a seal of a design established by the board
26-1 bearing the registrant's name, registration or certification
26-2 number, the words "Registered Geologist" or "Registered
26-3 Geophysicist," and words that indicate any specialty in which the
26-4 individual may be certified.
26-5 (b) Geological and geophysical reports, documents, and other
26-6 records as defined by the board that are offered to the public and
26-7 prepared or issued by or under the supervision of a registered
26-8 geologist or geophysicist or by a subordinate under the supervision
26-9 of a registered geologist or geophysicist must include the full
26-10 name, signature, and registration number of the registrant who
26-11 prepared the document or under whose supervision it was prepared
26-12 and an impression of the registrant's seal in accordance with rules
26-13 adopted by the board. Documents that are required to be prepared
26-14 or issued by or under the direction of a geologist or geophysicist
26-15 certified in a specialty must be similarly signed and sealed.
26-16 SECTION 34. EXEMPTIONS; APPLICATION OF ACT. (a) The
26-17 following activities do not require registration under this Act:
26-18 (1) geological or geophysical work performed by an
26-19 employee or a subordinate of a registrant under this Act, if the
26-20 work does not include the responsible charge of geological or
26-21 geophysical work and is performed under the direct supervision of a
26-22 registered geologist or geophysicist who is responsible for the
26-23 work;
26-24 (2) geological or geophysical work performed by an
26-25 officer or employee of the United States practicing solely as such
26-26 an officer or employee;
26-27 (3) geological or geophysical work performed
27-1 exclusively in exploring for and developing energy resources, base
27-2 metals, precious and nonprecious minerals, including sand, gravel,
27-3 and aggregate, that does not have a substantial impact on the
27-4 public health and safety as determined by rules adopted by the
27-5 board, or require the submission of reports or documents to public
27-6 agencies as provided by Sections 18(c) and 33(b) of this Act;
27-7 (4) geological or geophysical research conducted
27-8 through an academic institution, a state or federal governmental
27-9 agency, a nonprofit research institution, or a for-profit
27-10 organization that includes submitting a report on the research to a
27-11 public agency unless the work is covered by Section 18(c) of this
27-12 Act;
27-13 (5) teaching geology or geophysics or a related
27-14 physical or natural science except for teaching an advanced course
27-15 in geology or geophysics that may be intended to qualify as a
27-16 course requirement for specialty certification;
27-17 (6) the acquisition of data involving soil, rock,
27-18 groundwater, and other earth materials, evaluation of the physical
27-19 and chemical properties of soil, rock, groundwater, and other earth
27-20 materials, or the use of the data in analysis, design, and
27-21 construction by a professional engineer registered in this state;
27-22 (7) work customarily performed by a physical or
27-23 natural scientist including a chemist, an archaeologist, a
27-24 geographer, an oceanographer, a geophysicist, a pedologist, and a
27-25 soil scientist if the work does not include the planning and
27-26 execution of a geological or geophysical investigation or involve
27-27 the scientist being in responsible charge of geological or
28-1 geophysical or specialty geological or geophysical work or require
28-2 drawing geological or geophysical conclusions or making
28-3 recommendations that significantly affect the public health,
28-4 safety, or welfare; and
28-5 (8) testifying or preparing and presenting an exhibit
28-6 or document for the sole purpose of being placed in evidence before
28-7 an administrative or judicial tribunal or hearing, if the
28-8 testimony, exhibit, or document does not imply that the person is
28-9 registered under this Act.
28-10 (b) This Act does not permit the practice of engineering as
28-11 that practice is defined by The Texas Engineering Practice Act
28-12 (Article 3271a, Vernon's Texas Civil Statutes) by a geologist or
28-13 geophysicist or a specialty geologist.
28-14 (c) A recommendation, design, analysis, redesign, review and
28-15 evaluation, supervision, or summary analysis of an engineered
28-16 structure or work is engineering and is subject to The Texas
28-17 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
28-18 Statutes).
28-19 (d) This Act does not permit the performance of an
28-20 engineering analysis supporting an engineering design by a
28-21 geologist, geophysicist, or specialty geologist or geophysicist,
28-22 unless the action is under the supervision of a registered
28-23 professional engineer.
28-24 (e) This Act does not permit a geologist, geophysicist, or
28-25 specialty geologist or geophysicist to provide construction quality
28-26 control and evaluation or to design, develop, or review and
28-27 evaluate a plan and specification for an engineered structure or
29-1 work, including a building, utility, machine, equipment, engineered
29-2 process, engineered product, device, liner, or project designed or
29-3 constructed, regardless of whether the structure or work is
29-4 constructed of earthen or man-made material.
29-5 (f) With regard to an environmental and pollution
29-6 remediation project, this Act:
29-7 (1) permits the characterization, study, appraisal,
29-8 and investigation of the project by a certificate holder; and
29-9 (2) does not permit the design, development, or review
29-10 and evaluation of an engineered structure, work, or process or
29-11 related constructed improvements used in the extraction and
29-12 management of waste.
29-13 SECTION 35. PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
29-14 CORPORATION. (a) A firm or corporation may not engage in the
29-15 public practice of geology or geophysics or a specialty of geology
29-16 or geophysics, except for:
29-17 (1) geological or geophysical work performed by or
29-18 under the supervision of a geologist or geophysicist registered to
29-19 practice geology or geophysics or certified in an applicable
29-20 specialty of geology or geophysics who is in responsible charge of
29-21 the work and who signs and seals all documents as required by this
29-22 Act; and
29-23 (2) a firm or corporation the principal business of
29-24 which is the public practice of geology or geophysics as determined
29-25 by board rule if a principal of the firm or an officer or director
29-26 of the corporation is registered as a geologist or geophysicist and
29-27 has overall supervision and control of the geological or
30-1 geophysical work performed in this state.
30-2 (b) A firm or corporation permitted to engage in the public
30-3 practice of geology or geophysics or a specialty of geology or
30-4 geophysics is subject to the rules of the board that pertain to the
30-5 practice of geology or geophysics or a specialty of geology or
30-6 geophysics by a firm or corporation.
30-7 (c) Except as provided by this section, a person, firm, or
30-8 corporation may not hold out to the public that the person, firm,
30-9 or corporation is a registered geologist or registered
30-10 geophysicist, board certified in a specialty of geology or
30-11 geophysics, or able to perform geological or geophysical services
30-12 or prepare a report or other document that requires the signature
30-13 and seal of a registrant under Sections 18(c) and 33(b) of this
30-14 Act.
30-15 SECTION 36. DISCIPLINE AND ENFORCEMENT. (a) The board may
30-16 take the following disciplinary actions:
30-17 (1) deny renewal of a certificate of registration;
30-18 (2) permanently revoke the certificate of registration
30-19 of a registration holder;
30-20 (3) suspend the certificate of registration of a
30-21 registration holder for a specified time, not to exceed three
30-22 years, to take effect immediately notwithstanding an appeal if the
30-23 board determines that the registration holder's continued practice
30-24 constitutes an imminent danger to the public health, welfare, and
30-25 safety;
30-26 (4) issue a public or private reprimand to an
30-27 applicant, a registration holder, or a person, firm, or corporation
31-1 practicing geology or geophysics under this Act;
31-2 (5) impose limitations, conditions, or restrictions on
31-3 the practice of an applicant, a registration holder, or a person,
31-4 firm, or corporation practicing geology or geophysics under this
31-5 Act;
31-6 (6) require that a registration holder participate in
31-7 a peer review program under rules adopted by the board;
31-8 (7) require that a registration holder obtain remedial
31-9 education and training as prescribed by the board;
31-10 (8) impose probation on a registration holder
31-11 requiring regular reporting to the board;
31-12 (9) require restitution, in whole or in part, of
31-13 compensation or fees earned by a registration holder or a person,
31-14 firm, or corporation practicing geology or geophysics under this
31-15 Act; and
31-16 (10) impose a civil penalty not to exceed $5,000 for
31-17 each violation of this Act or a rule adopted under this Act.
31-18 (b) The board may impose appropriate sanctions for:
31-19 (1) the practice of any fraud or deceit in obtaining
31-20 certification from an organization described in Section 14(i) of
31-21 this Act or in obtaining a certificate of registration as a
31-22 geologist or geophysicist or in a specialty of geology or
31-23 geophysics;
31-24 (2) incompetency, misconduct, fraud, gross negligence,
31-25 or repeated incidents of negligence in the public practice of
31-26 geology or geophysics;
31-27 (3) conviction of a felony or a crime involving moral
32-1 turpitude;
32-2 (4) the imposition of an administrative, civil, or
32-3 criminal fine, or the imposition of a sentence of imprisonment or
32-4 probation instead of a fine for a misdemeanor relating to or
32-5 arising out of the public practice of geology or geophysics;
32-6 (5) the issuance of a cease and desist order or a
32-7 similar sanction relating to or arising out of the public practice
32-8 of geology or geophysics;
32-9 (6) using the seal of another person or using or
32-10 allowing the use of the registration holder's seal on geological or
32-11 geophysical work not performed by or under the supervision of the
32-12 registration holder;
32-13 (7) aiding or abetting a person in the violation of
32-14 this Act;
32-15 (8) the revocation or suspension of a certificate of
32-16 registration, the denial of renewal of a certificate of
32-17 registration, or other disciplinary action taken by a state agency,
32-18 a board of registration, or a similar licensing agency for
32-19 geologists or geophysicists or a profession or occupation related
32-20 to the public practice of geology or geophysics; however, the
32-21 sanction imposed by the board under this subdivision may not exceed
32-22 in severity or duration the sanction on which the action is based;
32-23 (9) a mental or physical disability, including a
32-24 dependence on or addiction to alcohol or a legal or illegal drug,
32-25 that substantially interferes with the individual's ability to
32-26 assume the responsible charge of and responsibility for geological
32-27 or geophysical work; however, a sanction imposed under this
33-1 subdivision may not violate a state or federal law relating to the
33-2 rights of a person with a disability;
33-3 (10) practicing or offering to practice geology or
33-4 geophysics or holding out to the public that the person or the
33-5 person's firm or corporation is registered or qualified to practice
33-6 geology or geophysics when the person is not registered under this
33-7 Act or the person's firm or corporation does not employ a
33-8 registered geologist or registered geophysicist as required by this
33-9 Act;
33-10 (11) practicing or offering to practice a specialty of
33-11 geology or geophysics recognized by the board or holding out to the
33-12 public that the person or the person's firm or corporation is
33-13 certified in or qualified to practice a specialty of geology or
33-14 geophysics when the person is not certified in that specialty under
33-15 this Act or the person's firm or corporation does not employ a
33-16 geologist or geophysicist certified in that specialty to be in
33-17 responsible charge of the specialty work as required by this Act;
33-18 or
33-19 (12) violating this Act, a rule adopted under this
33-20 Act, including the code of professional conduct, or a comparable
33-21 provision of the laws or rules regulating the practice of geology
33-22 or geophysics in another state or country.
33-23 SECTION 37. COMPLAINTS; INVESTIGATION. (a) A person may
33-24 bring a complaint alleging a violation of this Act or a rule
33-25 adopted under this Act.
33-26 (b) The board shall investigate all complaints brought to
33-27 its attention and may employ investigators, expert witnesses, and
34-1 hearing officers, appoint advisory committees, and conduct hearings
34-2 to determine whether disciplinary or other action should be taken.
34-3 (c) A complaint must be made in writing, be sworn to by the
34-4 person making the complaint, and be filed with the board's
34-5 secretary.
34-6 (d) A person who reports or provides information to the
34-7 board in good faith is not subject to an action for civil damages.
34-8 (e) The board, on its own motion and on a finding of
34-9 probable cause following its investigation, may direct the
34-10 secretary to file a verified complaint charging a person with a
34-11 violation of this Act or a rule adopted under this Act. The board
34-12 shall hear all charges, except for a charge that the board
34-13 determines to be unfounded or unsupported by the evidence
34-14 submitted.
34-15 SECTION 38. REPORT OF DISCIPLINARY ACTION. (a) The board
34-16 shall report disciplinary actions taken by the board to appropriate
34-17 regulatory officials in this state, to any other registration or
34-18 licensing board or organization acting on behalf of a registration
34-19 or licensing board in another state, or to an appropriate state or
34-20 federal law enforcement agency if the board determines that a
34-21 violation of laws enforced by the agency receiving the report may
34-22 have occurred.
34-23 (b) The board shall report a disciplinary action taken by
34-24 the board to appropriate law enforcement authorities if the board
34-25 believes that the violation prompting the disciplinary action
34-26 constitutes a criminal offense.
34-27 (c) The records of the board's disciplinary actions may be
35-1 released by the board to a law enforcement agency or a licensing or
35-2 registration board in this state or another state on written
35-3 request.
35-4 (d) The board shall issue public notice of all suspensions
35-5 and revocations of certificates of registration, including a
35-6 suspension, surrender of a certificate, or a revocation obtained
35-7 informally or by consent, in an annual report or another
35-8 publication selected by the board. A report under this subsection
35-9 may not include an expiration or revocation of a registration based
35-10 solely on the failure of the registration holder to renew the
35-11 certificate or to pay an applicable fee.
35-12 SECTION 39. APPEAL. A person aggrieved by a final decision
35-13 or action of the board imposing a sanction under this Act may
35-14 appeal the board's decision or action in a court of competent
35-15 jurisdiction.
35-16 SECTION 40. REISSUANCE OF REGISTRATION. (a) The board may
35-17 reissue a certificate of registration that was revoked on written
35-18 application to the board made after the third anniversary of the
35-19 date of the revocation. The applicant must show good cause to
35-20 justify the reissuance of the registration.
35-21 (b) The board shall reissue a certificate of registration
35-22 that was suspended on the date the suspension period expires. The
35-23 board may impose reasonable conditions or limitations in connection
35-24 with the reissuance of a registration that has been suspended.
35-25 SECTION 41. OFFENSE. (a) A person commits an offense if
35-26 the person:
35-27 (1) practices, offers, or attempts to practice geology
36-1 or geophysics or a specialty of geology or geophysics without being
36-2 registered as required by this Act;
36-3 (2) uses the term "Registered Geologist" or
36-4 "Registered Geophysicist," uses the initials "R.G.," or claims a
36-5 specialty in geology or geophysics as a professional, business, or
36-6 commercial identification or title or otherwise holds out to the
36-7 public that the person is registered to practice geology or
36-8 geophysics or a specialty of geology or geophysics without being
36-9 registered as required by this Act;
36-10 (3) alters or revises a document, map, or other
36-11 geological or geophysical work signed or sealed by a registered
36-12 geologist or registered geophysicist unless the alteration or
36-13 revision is signed and sealed by a registered geologist or
36-14 registered geophysicist;
36-15 (4) changes or alters the name or seal of another
36-16 registered geologist or registered geophysicist on any document,
36-17 map, or other geological or geophysical work;
36-18 (5) impersonates a registered geologist or registered
36-19 geophysicist or presents or attempts to use the certificate of
36-20 registration or the seal of another registered geologist or
36-21 registered geophysicist as the person's own certificate of
36-22 registration or seal;
36-23 (6) gives false or forged evidence to the board or to
36-24 a member of the board in an attempt to obtain a certificate of
36-25 registration;
36-26 (7) uses a seal or signs a document under a
36-27 certificate of registration that is expired or has been suspended
37-1 or revoked;
37-2 (8) manages, owns, or operates a place of business
37-3 where public geological or geophysical work or specialty work that
37-4 is not exempt from registration under this Act is offered or
37-5 performed for others without the work being supervised or performed
37-6 by a registered geologist or registered geophysicist or a geologist
37-7 or geophysicist certified in a specialty of geology or geophysics;
37-8 (9) uses public geological or geophysical work
37-9 performed by another person for a purpose that violates this Act;
37-10 or
37-11 (10) otherwise violates this Act or a rule adopted by
37-12 the board under this Act.
37-13 (b) An offense under this section is a Class A misdemeanor.
37-14 SECTION 42. TRANSITION. (a) An applicant who applies for
37-15 registration under this Act before September 1, 1996, may be
37-16 qualified for registration without written examination if the
37-17 applicant has:
37-18 (1) graduated from an accredited institution of higher
37-19 education acceptable to the board with a bachelor of science or
37-20 bachelor of arts or higher degree and a major in geology or
37-21 geoscience if the application is for a certificate of registration
37-22 as a geologist or a major in geophysics, geophysical science, or
37-23 another discipline the board determines to be relevant to
37-24 geophysics if the application is for a certificate of registration
37-25 as a geophysicist; or
37-26 (2) graduated from an accredited institution of higher
37-27 education in a four-year academic degree program other than
38-1 geology, geoscience, or geophysics, as appropriate, but has
38-2 completed the required number of course hours to qualify as a
38-3 geologist or geophysicist or in a specialty of geology or
38-4 geophysics and has experience consisting of not less than six years
38-5 of professional practice in geology or geophysics, as appropriate,
38-6 acceptable to the board completed before the date of application
38-7 for registration under this section.
38-8 (b) An applicant for certification in a specialty who
38-9 applies before the first anniversary of the date the board
38-10 officially recognizes the specialty under this Act may be qualified
38-11 for certification in that specialty without written examination if
38-12 the applicant:
38-13 (1) is registered under this Act as a geologist or
38-14 geophysicist in this state; and
38-15 (2) has experience consisting of not less than six
38-16 years of professional practice acceptable to the board in the
38-17 applicable specialty of geology or geophysics completed before the
38-18 date of application for certification in a specialty under this
38-19 section.
38-20 (c) An initial member of the board who is required to be a
38-21 registered geologist or geophysicist must be qualified for
38-22 registration or certification under Subsections (a) and (b) of this
38-23 section.
38-24 (d) The governor shall make the initial appointments to the
38-25 board before November 1, 1995. The board shall hold its first
38-26 meeting before January 1, 1996. The initial appointments to the
38-27 board shall be made as follows:
39-1 (1) three members shall be appointed for terms
39-2 expiring in 1997;
39-3 (2) three members shall be appointed for terms
39-4 expiring in 1999; and
39-5 (3) three members shall be appointed for terms
39-6 expiring in 2001.
39-7 (e) The board shall adopt rules under this Act not later
39-8 than November 30, 1996.
39-9 (f) A person is not required to obtain a license under this
39-10 Act until January 1, 1997.
39-11 SECTION 43. EFFECTIVE DATE. This Act takes effect September
39-12 1, 1995, except that Sections 18 and 41 take effect January 1,
39-13 1997.
39-14 SECTION 44. EMERGENCY. The importance of this legislation
39-15 and the crowded condition of the calendars in both houses create an
39-16 emergency and an imperative public necessity that the
39-17 constitutional rule requiring bills to be read on three several
39-18 days in each house be suspended, and this rule is hereby suspended.