74R8731 CAG-D By Hunter of Nueces, et al. H.B. No. 925 Substitute the following for H.B. No. 925: By Pickett C.S.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.