1-1 By: Hunter of Nueces, et al. (Senate Sponsor-Sims) H.B. No. 925
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of geologists and geophysicists;
1-9 providing civil and criminal penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. SHORT TITLE. This Act may be cited as the
1-12 Geologist and Geophysicist Registration Act.
1-13 SECTION 2. PURPOSE. In order to safeguard the life, health,
1-14 and property of the citizens of this state, to promote the public
1-15 welfare, and to protect the environment, the public practice of
1-16 geology and geophysics in this state is declared to be subject to
1-17 regulation in the public interest.
1-18 SECTION 3. DEFINITIONS. In this Act:
1-19 (1) "Board" means the Board of Registration for
1-20 Geologists and Geophysicists.
1-21 (2) "Board certified specialty geologist" means a
1-22 registered geologist who has met the academic and experience
1-23 qualifications in a specialty of geology established under this Act
1-24 and has been certified in that specialty by the board.
1-25 (3) "Board certified specialty geophysicist" means a
1-26 registered geophysicist who has met the academic and experience
1-27 qualifications in a specialty of geophysics established under this
1-28 Act and has been certified in that specialty by the board.
1-29 (4) "Certified geologist" means a geologist who has
1-30 been certified by a professional geological organization, society,
1-31 or association that has certification requirements that have been
1-32 recognized by the board as provided by this Act, including the
1-33 American Association of Petroleum Geologists, the American
1-34 Institute of Professional Geologists, and the Society of
1-35 Independent Professional Earth Scientists.
1-36 (5) "Certified geophysicist" means a geophysicist who
1-37 has been certified by a professional geophysical organization,
1-38 society, or association that has certification requirements that
1-39 have been recognized by the board.
1-40 (6) "Geological subordinate" means a person who
1-41 assists in the practice of geology or an exempt person in the
1-42 practice of geology without assuming the responsible charge of the
1-43 work.
1-44 (7) "Geologist" means a person qualified to engage in
1-45 the practice of geology by reason of the person's knowledge of
1-46 geology, mathematics, and the supporting physical and life
1-47 sciences, acquired through education and practical experience.
1-48 (8) "Geology" means the science of the earth and its
1-49 origin and history, the investigation of the earth's constituent
1-50 rocks, minerals, fossil fuels, solids, and fluids, and the study of
1-51 the natural agents, forces, and processes that cause changes in and
1-52 on the earth. The term does not include design, analysis,
1-53 redesign, or a summary evaluation of any engineering work, product,
1-54 or construction.
1-55 (9) "Geophysical subordinate" means a person who
1-56 assists in the practice of geophysics or an exempt person in the
1-57 practice of geophysics without assuming the responsible charge of
1-58 the work.
1-59 (10) "Geophysicist" means a person qualified to engage
1-60 in the practice of geophysics by reason of the person's knowledge
1-61 of geophysics, mathematics, physics, and the supporting physical
1-62 and life sciences, acquired through education and practical
1-63 experience.
1-64 (11) "Geophysics" means the science of the study of
1-65 the physical earth by means of measuring its natural and induced
1-66 fields of force, including electricity, gravity, and magnetism, and
1-67 its responses to natural and induced energy and the interpretation
1-68 of these measurements, and relating these measurements to the
2-1 physics of the earth.
2-2 (12) "Public practice of geology" means the
2-3 performance before the public of geological services or work,
2-4 including consulting, investigating, evaluating, planning, mapping,
2-5 and inspecting geological work, and the responsible supervision of
2-6 those tasks.
2-7 (13) "Public practice of geophysics" means the
2-8 performance before the public of geophysical services or work,
2-9 including consulting, investigating, evaluating, planning, mapping,
2-10 and inspecting geophysical work, and the responsible supervision of
2-11 those tasks.
2-12 (14) "Registered geologist" means a geologist who has
2-13 met the academic and experience qualifications of this Act and who
2-14 has been issued a certificate of registration as a registered
2-15 geologist by the board.
2-16 (15) "Registered geophysicist" means a geophysicist
2-17 who has met the academic and experience requirements of this Act
2-18 and who has been issued a certificate of registration as a
2-19 registered geophysicist by the board.
2-20 (16) "Responsible charge" means the independent
2-21 control and direction of geological or geophysical work or the
2-22 supervision of geological or geophysical work by the use of
2-23 initiative, skill, and independent judgment.
2-24 (17) "Specialty" means a branch of geology or
2-25 geophysics that has been recognized by the board for specialty
2-26 certification.
2-27 (18) "Practice of specialty geology" means the
2-28 performance before the public of geological services or work,
2-29 including consulting, investigating, evaluating, planning, mapping,
2-30 and inspecting geological work, and the responsible supervision of
2-31 those tasks in commonly recognized specialty geological practices,
2-32 including engineering geology, hydrogeology, and environmental
2-33 geology.
2-34 (19) "Practice of specialty geophysics" means the
2-35 performance before the public of geophysical services or work,
2-36 including consulting, investigating, evaluating, planning, mapping,
2-37 and inspecting geophysical work, and the responsible supervision of
2-38 those tasks in commonly recognized specialty geophysical practices,
2-39 including engineering geophysics, hydrogeophysics, and
2-40 environmental geophysics.
2-41 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS AND
2-42 GEOPHYSICISTS. (a) The Board of Registration for Geologists and
2-43 Geophysicists is created to administer the provisions of this Act.
2-44 (b) The board is composed of 10 members, nine of whom are
2-45 appointed by the governor with the advice and consent of the senate
2-46 and one of whom is a permanent member and is the director of the
2-47 Bureau of Economic Geology of The University of Texas at Austin.
2-48 (c) Five of the appointed members of the board must be
2-49 geologists registered under this Act, two of whom must be board
2-50 certified in a specialty of geology recognized under this Act. Two
2-51 of the appointed members of the board must be geophysicists
2-52 registered under this Act, one of whom must be board certified in a
2-53 specialty of geophysics recognized under this Act. To the extent
2-54 possible, the composition of the appointed geologists and
2-55 geophysicists serving on the board must be representative of the
2-56 occupational distribution of geologists and geophysicists
2-57 registered under this Act.
2-58 (d) Two members of the board must be members of the general
2-59 public.
2-60 (e) A member of the board must be a citizen of the United
2-61 States, must have been a resident of this state for at least three
2-62 years preceding appointment, and must be at least 25 years of age.
2-63 Members of the board appointed by the governor serve staggered
2-64 six-year terms, with the terms of three members expiring February 1
2-65 of each odd-numbered year.
2-66 (f) An appointed member of the board may not serve more than
2-67 two consecutive full terms.
2-68 SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. A person is
2-69 not eligible for appointment as a public member of the board if the
2-70 person or the person's spouse:
3-1 (1) is registered, certified, or licensed by an
3-2 occupational regulatory agency in the practice of geology or
3-3 geophysics;
3-4 (2) is employed by or participates in the management
3-5 of a business entity or other organization regulated by the board
3-6 or receiving funds from the board;
3-7 (3) owns or controls, directly or indirectly, more
3-8 than a 10 percent interest in a business entity or other
3-9 organization regulated by the board or receiving funds from the
3-10 board; or
3-11 (4) uses or receives a substantial amount of tangible
3-12 goods, services, or funds from the board, other than compensation
3-13 or reimbursement authorized by law for board membership,
3-14 attendance, or expenses.
3-15 SECTION 6. CONFLICTS OF INTEREST. (a) An officer,
3-16 employee, or paid consultant of a Texas trade association in the
3-17 practice of geology or geophysics may not be a member of the board
3-18 or employee of the board who is exempt from the state's position
3-19 classification plan or is compensated at or above the amount
3-20 prescribed by the General Appropriations Act for step 1, salary
3-21 group 17, of the position classification salary schedule.
3-22 (b) A person who is the spouse of an officer, manager, or
3-23 paid consultant of a Texas trade association in the practice of
3-24 geology or geophysics may not be a member of the board and may not
3-25 be an employee of the board who is exempt from the state's position
3-26 classification plan or is compensated at or above the amount
3-27 prescribed by the General Appropriations Act for step 1, salary
3-28 group 17, of the position classification salary schedule.
3-29 (c) For the purposes of this section, a Texas trade
3-30 association is a nonprofit, cooperative, and voluntarily joined
3-31 association of business or professional competitors in this state
3-32 designed to assist its members and its industry or profession in
3-33 dealing with mutual business or professional problems and in
3-34 promoting their common interest.
3-35 SECTION 7. LOBBYIST RESTRICTION. A person may not serve as
3-36 a member of the board or act as the general counsel to the board if
3-37 the person is required to register as a lobbyist under Chapter 305,
3-38 Government Code, because of the person's activities for
3-39 compensation on behalf of a profession related to the operation of
3-40 the board.
3-41 SECTION 8. REMOVAL FROM BOARD. It is a ground for removal
3-42 from the board if:
3-43 (1) the member is no longer qualified for appointment
3-44 to the board;
3-45 (2) the member engages in misconduct, is determined to
3-46 be incompetent, neglects the member's official duties, or engages
3-47 in malfeasance;
3-48 (3) the member commits a felony or a violation of this
3-49 Act resulting in disciplinary action;
3-50 (4) the member fails without excuse to attend at least
3-51 half of the regularly scheduled meetings held in a calendar year
3-52 while the member is a member of the board; or
3-53 (5) other good and sufficient cause for removal
3-54 exists.
3-55 SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC
3-56 PARTICIPATION. (a) The board is subject to Chapters 551 and 2001,
3-57 Government Code.
3-58 (b) The board shall develop and implement policies that
3-59 provide the public with a reasonable opportunity to appear before
3-60 the board and to speak on any issue under the jurisdiction of the
3-61 board.
3-62 SECTION 10. VACANCY. If a vacancy on the board occurs, the
3-63 governor shall appoint a member to fill the unexpired term as
3-64 provided by this Act.
3-65 SECTION 11. COMPENSATION. A member of the board is entitled
3-66 to a per diem as set by the legislature for each day that the
3-67 member engages in the business of the board. A member of the board
3-68 is entitled to reimbursement for transportation and other expenses
3-69 incurred in connection with the business of the board.
3-70 SECTION 12. IMMUNITY FROM CIVIL LIABILITY. A member or
4-1 former member of the board or an agent, employee, or member of an
4-2 advisory committee appointed by the board under this Act is immune
4-3 from civil liability for any act or omission that occurred in the
4-4 person's official capacity. The attorney general shall defend a
4-5 person immune under this section in an action brought against the
4-6 board or the person for an alleged act or omission by the person.
4-7 SECTION 13. MEETINGS; OFFICERS OF BOARD. (a) The board
4-8 shall hold two or more regular meetings in each calendar year. A
4-9 special meeting may be held at a time permitted by rule of the
4-10 board.
4-11 (b) The board shall elect annually from its own membership a
4-12 chair, vice chair, and secretary-treasurer, none of whom may hold
4-13 office for more than two consecutive one-year terms. The board may
4-14 appoint an assistant secretary and other assistant officers who are
4-15 not members of the board to assist the board and exercise its
4-16 authority in carrying out its duties and responsibilities.
4-17 (c) A majority of the board constitutes a quorum.
4-18 (d) Minutes of each meeting of the board, recording the
4-19 members present and the business conducted, shall be signed and
4-20 kept by the secretary-treasurer or an assistant secretary appointed
4-21 by the board.
4-22 SECTION 14. POWERS AND DUTIES OF BOARD. (a) The board may:
4-23 (1) adopt and enforce rules consistent with this Act
4-24 and necessary for the performance of its duties;
4-25 (2) set reasonable and necessary fees to be charged
4-26 applicants and registrants under this Act; and
4-27 (3) recognize and establish specialty branches of
4-28 geological and geophysical practice and establish qualifications,
4-29 conduct examinations, and certify specialties for qualified
4-30 applicants.
4-31 (b) The board may prepare, administer, and grade oral and
4-32 written examinations required or permitted under this Act. The
4-33 board may adopt or recognize, in part or in whole, examinations
4-34 prepared, administered, or graded by other organizations, on a
4-35 regional or national basis, that the board determines appropriate
4-36 to measure the qualifications of an applicant for registration as a
4-37 geologist or geophysicist or in a specialty of geology or
4-38 geophysics if:
4-39 (1) the examination questions, the correct answers,
4-40 and an individual applicant's completed examination are available
4-41 to the board; and
4-42 (2) the board retains the authority to determine a
4-43 passing grade for registration in this state.
4-44 (c) The board shall issue, renew, and reinstate certificates
4-45 of registration as provided by this Act. As a condition for
4-46 renewal of registration, the board may require evidence of the
4-47 competence of an applicant for renewal by requiring the applicant
4-48 to participate in continuing professional education on a periodic
4-49 or other basis. As a condition for reinstatement, the board may
4-50 require evidence of the competence of an applicant for
4-51 reinstatement in the practice of geology or geophysics by reviewing
4-52 the applicant's qualifications and experience, by requiring
4-53 continuing professional education, by conducting a reexamination on
4-54 a periodic or other basis, or by other appropriate means.
4-55 (d) The board, by rule, shall adopt a code of professional
4-56 conduct that is binding on all registrants under this Act. The
4-57 board may enforce the code by imposing sanctions as provided by
4-58 this Act.
4-59 (e) The board shall investigate all complaints of violations
4-60 of this Act as provided by this Act.
4-61 (f) The board may refuse to issue or renew or may suspend or
4-62 revoke a certificate of registration and may impose sanctions,
4-63 including restrictions on the practice of a registrant or a person,
4-64 firm, or corporation practicing under this Act for a violation of
4-65 this Act or a rule adopted under this Act.
4-66 (g) The board may administer oaths and affirmations and
4-67 issue subpoenas to compel the attendance of witnesses and the
4-68 production of evidence.
4-69 (h) The board may issue cease and desist orders and seek
4-70 injunctions against a violation of this Act or a rule adopted under
5-1 this Act.
5-2 (i) The board, by rule, shall recognize the use of the
5-3 designations "Certified Professional Geologist" or "C.P.G." as used
5-4 by the American Institute of Professional Geologists, "Certified
5-5 Petroleum Geologist" or "C.P.G." as used by the American
5-6 Association of Petroleum Geologists, and the use of the designation
5-7 "Certified Geologist" or "Certified Geophysicist" or any similar
5-8 designation used by a professional geological or geophysical
5-9 organization, society, or association recognized by the board, if:
5-10 (1) the organization, society, or association's
5-11 requirements for certification are comparable to the educational
5-12 and experience requirements of this Act and are otherwise
5-13 acceptable to the board;
5-14 (2) the full name or recognized abbreviation of the
5-15 organization granting the certification is stated following or in
5-16 conjunction with the use of the designation or abbreviation; and
5-17 (3) the designation or abbreviation is not used in a
5-18 manner that is misleading or that creates an impression that the
5-19 person is licensed to practice geology or geophysics before the
5-20 public unless the person is registered under this Act.
5-21 (j) The board, by rule, shall recognize the use of the
5-22 designations "geological engineer," "geotechnical engineer,"
5-23 "hydraulic engineer," and "agricultural engineer" as legitimate
5-24 engineering titles separate from geology or geophysics or a
5-25 specialty of geology or geophysics and requiring registration as a
5-26 professional engineer.
5-27 (k) The board may enter into agreements with boards of
5-28 registration in other states and other appropriate organizations
5-29 and agencies to develop uniform standards for:
5-30 (1) the registration of geologists and geophysicists;
5-31 (2) accrediting educational programs;
5-32 (3) establishing reciprocity and temporary
5-33 registrations;
5-34 (4) developing regional or national examinations;
5-35 (5) evaluating applicants; and
5-36 (6) other purposes consistent with this Act.
5-37 (l) The board may appoint committees, employ personnel,
5-38 employ contractors and consultants, lease or purchase furnishings,
5-39 equipment, and supplies, lease office space, and incur other
5-40 similar expenses in connection with the administration of this Act.
5-41 SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) The board
5-42 shall appoint an executive director, who shall be responsible for
5-43 managing the day-to-day affairs of the board, including:
5-44 (1) arranging for and supervising the necessary
5-45 support, secretarial, and clerical services;
5-46 (2) obtaining space for holding examinations,
5-47 meetings, and conferences;
5-48 (3) printing or purchasing examinations;
5-49 (4) printing and mailing forms, information, and
5-50 certificates;
5-51 (5) sending notices, collecting fees, and issuing
5-52 receipts;
5-53 (6) conducting the correspondence of the board,
5-54 including replying to routine requests for information;
5-55 (7) maintaining the minutes and records of the board;
5-56 (8) keeping records of receipts and disbursements; and
5-57 (9) providing necessary investigative services.
5-58 (b) The board shall maintain an official office and address
5-59 within the city of Austin to conduct its business.
5-60 SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
5-61 executive director shall receive, administer, and account for all
5-62 money received under this Act and shall transfer the funds to the
5-63 state treasurer.
5-64 (b) All funds paid to the board under this Act shall be
5-65 deposited in a special fund, known as the "geologists and
5-66 geophysicists fund." The geologists and geophysicists fund shall
5-67 be maintained in accordance with the accounting procedures of, and
5-68 shall be subject to audit by, the state treasurer. Interest earned
5-69 on money deposited in the geologists and geophysicists fund shall
5-70 be credited to the geologists and geophysicists fund.
6-1 (c) All expenses incurred by the board in the administration
6-2 and enforcement of this Act shall be paid from the geologists and
6-3 geophysicists fund.
6-4 (d) The executive director shall file an annual report of
6-5 all receipts, expenditures, and fund balances with the state
6-6 treasurer.
6-7 SECTION 17. ROSTER AND SPECIALTIES LIST. (a) The board
6-8 shall maintain a roster stating the name and place of business of
6-9 each registered geologist and geophysicist and board certified
6-10 specialty geologist and geophysicist practicing under a certificate
6-11 of registration issued by the board. Copies of the roster shall be
6-12 kept on file with the board and shall be furnished on request to a
6-13 state agency, county or municipal clerk or building official, and a
6-14 registration or certificate holder. A copy of the roster shall
6-15 also be furnished to any person on written request, subject to
6-16 payment of a reasonable fee set by the board and any applicable
6-17 state taxes.
6-18 (b) The board shall maintain a list of recognized
6-19 specialties of geology and geophysics in which certification is
6-20 recognized by the board under this Act and professional geological
6-21 and geophysical organizations, societies, and associations
6-22 recognized by the board.
6-23 (c) The board shall maintain a list of each state, territory
6-24 or possession of the United States, the District of Columbia, or
6-25 foreign country in which the requirements and qualifications for
6-26 registration are comparable to those established in this state and
6-27 with which a reciprocity agreement exists.
6-28 SECTION 18. REGISTRATION REQUIRED. (a) Unless exempted by
6-29 this Act, a person may not practice as a geologist or geophysicist
6-30 or engage in the practice of geology or geophysics or a specialty
6-31 of geology or geophysics without a certificate of registration
6-32 issued under this Act.
6-33 (b) A person may not use the term "registered geologist" or
6-34 "registered geophysicist," claim to have a specialty in geology or
6-35 geophysics as part of a professional, business, or commercial
6-36 identification or title, or otherwise hold out to the public that
6-37 the person is qualified to practice as a geologist or geophysicist
6-38 or to engage in the practice of geology or geophysics or a
6-39 specialty of geology or geophysics unless the person is registered
6-40 under this Act.
6-41 (c) A person may not prepare or supervise the preparation of
6-42 a geological or geophysical report or a geological or geophysical
6-43 portion of a report required by municipal or county ordinance,
6-44 state or federal law, state agency rule, or federal regulation that
6-45 incorporates or is based on a geological or geophysical study or
6-46 geological or geophysical data unless the person is registered as a
6-47 geologist or geophysicist under this Act.
6-48 (d) The state or a political subdivision of the state may
6-49 not contract for geological or geophysical services with a person
6-50 other than a person registered under this Act or with a business
6-51 entity other than a business entity that employs geologists or
6-52 geophysicists registered under this Act who shall be responsible
6-53 for the geological or geophysical work performed by the business
6-54 entity.
6-55 SECTION 19. APPLICATION REQUIREMENTS. (a) An applicant for
6-56 registration as a geologist or geophysicist, for certification in a
6-57 specialty of geology or geophysics, or for temporary or reciprocal
6-58 registration must apply on a form prescribed by the board that is
6-59 signed and sworn to by the applicant before a notary public.
6-60 (b) An application must be accompanied by the appropriate
6-61 application fee and include:
6-62 (1) information concerning the applicant's education;
6-63 (2) a detailed summary of the applicant's geological
6-64 or geophysical work experience, including work in a specialty in
6-65 which the applicant seeks certification;
6-66 (3) a signed statement that the applicant has read and
6-67 will comply with the code of professional conduct; and
6-68 (4) not fewer than five reference letters, of which
6-69 not fewer than three are from geologists or geophysicists having
6-70 personal knowledge of the applicant's geological or geophysical
7-1 experience.
7-2 (c) An applicant must pay a fee for application,
7-3 examination, registration, and renewal of a certificate of
7-4 registration, in addition to any other fee required by the board.
7-5 SECTION 20. GEOLOGIST REGISTRATION REQUIREMENTS. To be
7-6 registered as a geologist, an applicant must:
7-7 (1) be of good moral and ethical character as attested
7-8 to by letters of reference submitted on behalf of the applicant or
7-9 as otherwise determined by the board;
7-10 (2) have graduated from a course of study in geology
7-11 or geoscience satisfactory to the board or from a program
7-12 accredited by an organization recognized by the board, of four or
7-13 more years' duration and including at least 30 semester or 45
7-14 quarter hours of credit, with a major in geology or geoscience or a
7-15 geological specialty, or have satisfactorily completed other
7-16 equivalent educational requirements as determined by the board;
7-17 (3) have a documented record of a minimum of four
7-18 years of satisfactory work experience in geology or a specialty of
7-19 geology obtained after completing the academic requirements of a
7-20 bachelor of science degree from an approved or accredited college
7-21 or university or have a documented record of not less than six
7-22 years of satisfactory work experience in geology or a specialty of
7-23 geology obtained after completing the academic requirements of a
7-24 bachelor of arts degree from an approved or accredited college or
7-25 university that demonstrates that the applicant is qualified to
7-26 assume responsible charge for geological work on registration as a
7-27 geologist, two years of which work experience may be required by
7-28 the board to have been gained under the supervision of a geologist
7-29 registered in this state or another state or gained under the
7-30 supervision of another person who, in the opinion of the board, is
7-31 qualified to have responsible charge of geological work;
7-32 (4) have passed an American State Board of Geologists
7-33 examination or an equivalent examination covering the fundamentals
7-34 and practice of geology required by the board; and
7-35 (5) meet other general or individual requirements
7-36 established by the board under this Act.
7-37 SECTION 21. GEOPHYSICIST REGISTRATION REQUIREMENTS. To be
7-38 registered as a geophysicist, an applicant must:
7-39 (1) be of good moral and ethical character as attested
7-40 to by letters of reference submitted on behalf of the applicant or
7-41 as otherwise determined by the board;
7-42 (2) have graduated from a course of study in
7-43 geophysics, geophysical science, or another discipline that in the
7-44 board's opinion is relevant to geophysics or from a program
7-45 accredited by an organization recognized by the board, of four or
7-46 more years' duration and including at least 30 semester or 45
7-47 quarter hours of credit, with a major in geophysics or geoscience
7-48 or a geophysical specialty, or have satisfactorily completed other
7-49 equivalent educational requirements as determined by the board;
7-50 (3) have a documented record of a minimum of four
7-51 years of satisfactory work experience in geophysics or a specialty
7-52 of geophysics obtained after completing the academic requirements
7-53 of a bachelor of science degree from an approved or accredited
7-54 institution of higher learning or have a documented record of not
7-55 less than six years of satisfactory work experience in geophysics
7-56 or a specialty of geophysics obtained after completing the academic
7-57 requirements of a bachelor of arts degree from an approved or
7-58 accredited college or university that demonstrates that the
7-59 applicant is qualified to assume responsible charge for geophysical
7-60 work on registration as a geophysicist, two years of which work
7-61 experience may be required by the board to have been gained under
7-62 the supervision of a geophysicist registered in this state or
7-63 another state or gained under the supervision of another person
7-64 who, in the opinion of the board, is qualified to have responsible
7-65 charge of geophysical work;
7-66 (4) have passed an examination covering the
7-67 fundamentals and practice of geophysics required by the board; and
7-68 (5) meet other general or individual requirements
7-69 established by the board under this Act.
7-70 SECTION 22. REQUIREMENTS FOR GEOLOGICAL OR GEOPHYSICAL
8-1 SPECIALTY CERTIFICATION. An applicant for certification in a
8-2 geological or geophysical specialty must meet the following
8-3 requirements in addition to meeting the requirements of Section 20
8-4 or 21 of this Act, as appropriate:
8-5 (1) have successfully completed 12 semester or 16
8-6 quarter hours of advanced study in the specialty at an academic
8-7 institution acceptable to the board or completion of an equivalent
8-8 amount of professional experience acceptable to the board;
8-9 (2) have experience including a documented record of
8-10 six or more years of experience with not less than four years in
8-11 the specialty after completing the academic requirements of this
8-12 section in geological or geophysical work, as appropriate, of a
8-13 nature satisfactory to the board that demonstrates that the
8-14 applicant is qualified to assume responsible charge of the
8-15 specialty work on certification in the specialty and not less than
8-16 two years of the experience gained under the supervision of a
8-17 geologist or geophysicist certified in the specialty in this state
8-18 or another state or under the supervision of another person whom
8-19 the board determines to be qualified to have responsible charge of
8-20 geological or geophysical work in the specialty or, as an
8-21 alternative to the two years of experience under the supervision of
8-22 a geologist or geophysicist certified in the specialty, the board
8-23 may accept three reference letters from board certified specialty
8-24 geologists or geophysicists in the specialty; and
8-25 (3) have passed an American State Board of Geologists
8-26 examination or an equivalent examination required by the board in
8-27 the specialty.
8-28 SECTION 23. QUALIFYING EXPERIENCE. The following standards
8-29 shall be applied in evaluating the experience of an applicant for
8-30 registration in the practice of geology or geophysics or for a
8-31 specialty certification under Sections 20, 21, and 22 of this Act:
8-32 (1) each year of professional practice acceptable to
8-33 the board, under the direct supervision of a geologist or
8-34 geophysicist, as appropriate, who is registered in this state or in
8-35 another state under requirements for registration that are
8-36 comparable to those in this Act or under the direct supervision of
8-37 a geologist or geophysicist, as appropriate, who meets the
8-38 educational and experience requirements for registration but is not
8-39 required to be registered under this Act constitutes one year of
8-40 professional experience in geology or geophysics;
8-41 (2) each year of professional specialty geology or
8-42 geophysical practice acceptable to the board under the direct
8-43 supervision of a specialty geologist or specialty geophysicist who
8-44 is registered in the specialty under this Act or who is registered
8-45 or certified as a specialty geologist or specialty geophysicist
8-46 under comparable requirements in another state, under a civil
8-47 engineer or geological engineer registered in this state or another
8-48 state, or under a specialty geologist or specialty geophysicist who
8-49 meets the educational and experience requirements for registration
8-50 but is not required to be registered under this Act constitutes
8-51 one year of practice in a specialty in geology or geophysics; and
8-52 (3) a year of experience in professional practice
8-53 acceptable to the board and acquired before September 1, 1996,
8-54 constitutes one year of experience in professional practice if the
8-55 experience:
8-56 (A) was acquired under the direct supervision of
8-57 a geologist or geophysicist, as appropriate, who meets the
8-58 educational and experience requirements for registration under this
8-59 Act or is registered under comparable requirements in another
8-60 state; or
8-61 (B) would constitute the responsible charge of
8-62 professional work in geology or geophysics, as appropriate, as
8-63 determined by the board.
8-64 SECTION 24. GRADUATE STUDY, RESEARCH, AND TEACHING
8-65 EXPERIENCE. (a) Each year of full-time graduate study in the
8-66 geological or geophysical sciences or in a specialty of geology or
8-67 geophysics that is acceptable to the board constitutes one year of
8-68 professional experience in geology or geophysics or the applicable
8-69 specialty of geology or geophysics. Not more than two years of
8-70 full-time graduate study may be accepted by the board for
9-1 professional experience for a single applicant.
9-2 (b) The board may accept geological or geophysical research
9-3 or teaching by a person studying geology or geophysics or a
9-4 geological or geophysical specialty at the college or university
9-5 level as qualifying experience if the research or teaching, in the
9-6 judgment of the board, is comparable to experience obtained in the
9-7 practice of geology or geophysics or a specialty of geology or
9-8 geophysics.
9-9 SECTION 25. REGISTRATION WITHOUT EXAMINATION. (a) The
9-10 board shall adopt rules relating to the registration of a person
9-11 holding a valid certificate of registration or license for the
9-12 practice of geology or geophysics or a recognized specialty of
9-13 geology or geophysics issued under the law of another state or a
9-14 territory or possession of the United States, the District of
9-15 Columbia, or a foreign country, without meeting the examination
9-16 requirements of Sections 20(4), 21(4), and 22(3) of this Act.
9-17 (b) The board may issue a certificate of registration to an
9-18 applicant who provides proof of registration or licensure under
9-19 requirements that the board determines to be substantially similar
9-20 to those established by this Act and who pays the required fees.
9-21 SECTION 26. TEMPORARY REGISTRATION. A person who is not a
9-22 resident of this state and does not have an established place of
9-23 business in this state who seeks to practice geology or geophysics
9-24 in this state for a time not to exceed 90 days after the date of
9-25 registration or an applicant for reciprocal registration who seeks
9-26 to practice geology or geophysics pending a determination on the
9-27 reciprocity application may be issued a temporary registration
9-28 certificate authorizing temporary practice in this state if the
9-29 person:
9-30 (1) applies for temporary registration to the board,
9-31 provides proof of registration in another state, District of
9-32 Columbia, territory, possession, or foreign country, and pays the
9-33 required fees;
9-34 (2) agrees to comply with the signature requirements
9-35 of Section 33(b) of this Act and to affix the person's seal from
9-36 the jurisdiction where the person is registered or licensed on all
9-37 work completed while practicing under the temporary registration;
9-38 and
9-39 (3) files the required information and reports and
9-40 complies with other requirements established by the board
9-41 concerning the person's temporary practice.
9-42 SECTION 27. WAIVER OF REQUIREMENTS. (a) In an individual
9-43 case, the board may waive any of the requirements for registration
9-44 by a two-thirds vote of the entire board, except for the payment of
9-45 a required fee, on the written request of the applicant and on a
9-46 showing of good cause if the board determines that the applicant is
9-47 otherwise qualified for registration as a geologist or geophysicist
9-48 or in a specialty of geology or geophysics.
9-49 (b) The requirements waived under this section and the basis
9-50 for the waiver must be recorded in the applicant's record and in
9-51 the proceedings of the board.
9-52 SECTION 28. DENIAL OF REGISTRATION. (a) The board may deny
9-53 registration for an applicant who fails to satisfy a requirement of
9-54 this Act or on a determination by the board that there is probable
9-55 cause to believe that an applicant has violated this Act or a
9-56 provision the registrant would be subject to in this Act or a
9-57 comparable provision in the registration law of another state.
9-58 (b) The board may not issue a certificate of registration
9-59 pending the disposition of a complaint alleging a violation in this
9-60 or another state if the board has notice of the alleged violation.
9-61 (c) An applicant who is denied registration must be notified
9-62 of the reason for denial in writing not later than the 30th day
9-63 after the date of the board's decision. Not later than the 30th
9-64 day after the date of receipt of the notice, the applicant may make
9-65 a written request for a hearing. In the absence of a request for a
9-66 hearing, the board's action is final.
9-67 SECTION 29. CONTINUING EDUCATION. To renew a registration
9-68 as a geologist or geophysicist or certification as a specialty
9-69 geologist or geophysicist, an applicant for renewal must meet the
9-70 continuing education requirements for renewal established by the
10-1 board.
10-2 SECTION 30. CERTIFICATES AND SEALS. (a) The board shall
10-3 issue an appropriate certificate of registration to a registered
10-4 geologist or geophysicist and a specialty certification to an
10-5 applicant who meets the requirements of this Act for registration
10-6 as a geologist or geophysicist or for board certification in a
10-7 specialty of geology or geophysics on payment of the applicable
10-8 registration fee.
10-9 (b) The certificate must show the full name of the
10-10 registrant, have a serial number, and be signed by an appropriate
10-11 officer of the board under the board's seal.
10-12 (c) The issuance by the board of a certificate of
10-13 registration is prima facie evidence that while the certificate is
10-14 valid the person named on the certificate is entitled to all rights
10-15 and privileges of a registered geologist or geophysicist or a board
10-16 certified specialty geologist or geophysicist and is entitled to
10-17 practice geology or geophysics as a firm or corporation.
10-18 (d) A certificate and seal issued to a holder of a specialty
10-19 certificate must:
10-20 (1) clearly identify the specialty certification; and
10-21 (2) be distinct from a certificate and seal issued to
10-22 a holder of a certificate who does not have a specialty
10-23 certificate.
10-24 SECTION 31. REGISTRATION DURATION; EXPIRATION. (a) A
10-25 certificate of registration is valid for a period not to exceed
10-26 three years and expires according to a schedule established by the
10-27 board.
10-28 (b) The board shall notify each certificate holder of the
10-29 date of expiration of the person's certificate and the amount of
10-30 the fee required for renewal not later than the 60th day before the
10-31 date of expiration.
10-32 (c) On expiration, a certificate is invalid and may not be
10-33 renewed except as provided by this Act.
10-34 SECTION 32. REGISTRATION RENEWAL. (a) The board shall
10-35 renew or reissue a certificate of registration for a registrant who
10-36 before the expiration date of the certificate or within a period
10-37 not to exceed 60 days after the expiration as determined by the
10-38 board:
10-39 (1) submits the required renewal application and fee
10-40 and a penalty for late renewal if required; and
10-41 (2) meets the requirements for renewal established by
10-42 the board.
10-43 (b) The board, by rule, may establish conditions and fees
10-44 for the reissuance of certificates of registration that have
10-45 lapsed, expired, or been suspended or revoked.
10-46 (c) The board shall reissue a new certificate to replace any
10-47 certificate of registration that has been lost, destroyed, or
10-48 mutilated, subject to the rules and fees adopted by the board.
10-49 SECTION 33. REGISTRANT'S SEAL. (a) On registration, a
10-50 registrant must obtain a seal of a design established by the board
10-51 bearing the registrant's name, registration or certification
10-52 number, the words "Registered Geologist" or "Registered
10-53 Geophysicist," and words that indicate any specialty in which the
10-54 individual may be certified.
10-55 (b) Geological and geophysical reports, documents, and other
10-56 records as defined by the board that are offered to the public and
10-57 prepared or issued by or under the supervision of a registered
10-58 geologist or geophysicist or by a subordinate under the supervision
10-59 of a registered geologist or geophysicist must include the full
10-60 name, signature, and registration number of the registrant who
10-61 prepared the document or under whose supervision it was prepared
10-62 and an impression of the registrant's seal in accordance with rules
10-63 adopted by the board. Documents that are required to be prepared
10-64 or issued by or under the direction of a geologist or geophysicist
10-65 certified in a specialty must be similarly signed and sealed.
10-66 SECTION 34. EXEMPTIONS; APPLICATION OF ACT. (a) The
10-67 following activities do not require registration under this Act:
10-68 (1) geological or geophysical work performed by an
10-69 employee or a subordinate of a registrant under this Act, if the
10-70 work does not include the responsible charge of geological or
11-1 geophysical work and is performed under the direct supervision of a
11-2 registered geologist or geophysicist who is responsible for the
11-3 work;
11-4 (2) geological or geophysical work performed by an
11-5 officer or employee of the United States practicing solely as such
11-6 an officer or employee;
11-7 (3) geological or geophysical work performed
11-8 exclusively in exploring for and developing energy resources, base
11-9 metals, precious and nonprecious minerals, including sand, gravel,
11-10 and aggregate, that does not have a substantial impact on the
11-11 public health and safety as determined by rules adopted by the
11-12 board, or require the submission of reports or documents to public
11-13 agencies as provided by Sections 18(c) and 33(b) of this Act;
11-14 (4) geological or geophysical research conducted
11-15 through an academic institution, a state or federal governmental
11-16 agency, a nonprofit research institution, or a for-profit
11-17 organization that includes submitting a report on the research to a
11-18 public agency unless the work is covered by Section 18(c) of this
11-19 Act;
11-20 (5) teaching geology or geophysics or a related
11-21 physical or natural science except for teaching an advanced course
11-22 in geology or geophysics that may be intended to qualify as a
11-23 course requirement for specialty certification;
11-24 (6) the acquisition of data involving soil, rock,
11-25 groundwater, and other earth materials, evaluation of the physical
11-26 and chemical properties of soil, rock, groundwater, and other earth
11-27 materials, or the use of the data in analysis, design, and
11-28 construction by a professional engineer registered in this state;
11-29 (7) work customarily performed by a physical or
11-30 natural scientist including a chemist, an archaeologist, a
11-31 geographer, an oceanographer, a geophysicist, a pedologist, and a
11-32 soil scientist if the work does not include the planning and
11-33 execution of a geological or geophysical investigation or involve
11-34 the scientist being in responsible charge of geological or
11-35 geophysical or specialty geological or geophysical work or require
11-36 drawing geological or geophysical conclusions or making
11-37 recommendations that significantly affect the public health,
11-38 safety, or welfare; and
11-39 (8) testifying or preparing and presenting an exhibit
11-40 or document for the sole purpose of being placed in evidence before
11-41 an administrative or judicial tribunal or hearing, if the
11-42 testimony, exhibit, or document does not imply that the person is
11-43 registered under this Act.
11-44 (b) This Act does not permit the practice of engineering as
11-45 that practice is defined by The Texas Engineering Practice Act
11-46 (Article 3271a, Vernon's Texas Civil Statutes) by a geologist or
11-47 geophysicist or a specialty geologist.
11-48 (c) A recommendation, design, analysis, redesign, review and
11-49 evaluation, supervision, or summary analysis of an engineered
11-50 structure or work is engineering and is subject to The Texas
11-51 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
11-52 Statutes).
11-53 (d) This Act does not permit the performance of an
11-54 engineering analysis supporting an engineering design by a
11-55 geologist, geophysicist, or specialty geologist or geophysicist,
11-56 unless the action is under the supervision of a registered
11-57 professional engineer.
11-58 (e) This Act does not permit a geologist, geophysicist, or
11-59 specialty geologist or geophysicist to provide construction quality
11-60 control and evaluation or to design, develop, or review and
11-61 evaluate a plan and specification for an engineered structure or
11-62 work, including a building, utility, machine, equipment, engineered
11-63 process, engineered product, device, liner, or project designed or
11-64 constructed, regardless of whether the structure or work is
11-65 constructed of earthen or man-made material.
11-66 (f) With regard to an environmental and pollution
11-67 remediation project, this Act:
11-68 (1) permits the characterization, study, appraisal,
11-69 and investigation of the project by a certificate holder; and
11-70 (2) does not permit the design, development, or review
12-1 and evaluation of an engineered structure, work, or process or
12-2 related constructed improvements used in the extraction and
12-3 management of waste.
12-4 SECTION 35. PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
12-5 CORPORATION. (a) A firm or corporation may not engage in the
12-6 public practice of geology or geophysics or a specialty of geology
12-7 or geophysics, except for:
12-8 (1) geological or geophysical work performed by or
12-9 under the supervision of a geologist or geophysicist registered to
12-10 practice geology or geophysics or certified in an applicable
12-11 specialty of geology or geophysics who is in responsible charge of
12-12 the work and who signs and seals all documents as required by this
12-13 Act; and
12-14 (2) a firm or corporation the principal business of
12-15 which is the public practice of geology or geophysics as determined
12-16 by board rule if a principal of the firm or an officer or director
12-17 of the corporation is registered as a geologist or geophysicist and
12-18 has overall supervision and control of the geological or
12-19 geophysical work performed in this state.
12-20 (b) A firm or corporation permitted to engage in the public
12-21 practice of geology or geophysics or a specialty of geology or
12-22 geophysics is subject to the rules of the board that pertain to the
12-23 practice of geology or geophysics or a specialty of geology or
12-24 geophysics by a firm or corporation.
12-25 (c) Except as provided by this section, a person, firm, or
12-26 corporation may not hold out to the public that the person, firm,
12-27 or corporation is a registered geologist or registered
12-28 geophysicist, board certified in a specialty of geology or
12-29 geophysics, or able to perform geological or geophysical services
12-30 or prepare a report or other document that requires the signature
12-31 and seal of a registrant under Sections 18(c) and 33(b) of this
12-32 Act.
12-33 SECTION 36. DISCIPLINE AND ENFORCEMENT. (a) The board may
12-34 take the following disciplinary actions:
12-35 (1) deny renewal of a certificate of registration;
12-36 (2) permanently revoke the certificate of registration
12-37 of a registration holder;
12-38 (3) suspend the certificate of registration of a
12-39 registration holder for a specified time, not to exceed three
12-40 years, to take effect immediately notwithstanding an appeal if the
12-41 board determines that the registration holder's continued practice
12-42 constitutes an imminent danger to the public health, welfare, and
12-43 safety;
12-44 (4) issue a public or private reprimand to an
12-45 applicant, a registration holder, or a person, firm, or corporation
12-46 practicing geology or geophysics under this Act;
12-47 (5) impose limitations, conditions, or restrictions on
12-48 the practice of an applicant, a registration holder, or a person,
12-49 firm, or corporation practicing geology or geophysics under this
12-50 Act;
12-51 (6) require that a registration holder participate in
12-52 a peer review program under rules adopted by the board;
12-53 (7) require that a registration holder obtain remedial
12-54 education and training as prescribed by the board;
12-55 (8) impose probation on a registration holder
12-56 requiring regular reporting to the board;
12-57 (9) require restitution, in whole or in part, of
12-58 compensation or fees earned by a registration holder or a person,
12-59 firm, or corporation practicing geology or geophysics under this
12-60 Act; and
12-61 (10) impose a civil penalty not to exceed $5,000 for
12-62 each violation of this Act or a rule adopted under this Act.
12-63 (b) The board may impose appropriate sanctions for:
12-64 (1) the practice of any fraud or deceit in obtaining
12-65 certification from an organization described in Section 14(i) of
12-66 this Act or in obtaining a certificate of registration as a
12-67 geologist or geophysicist or in a specialty of geology or
12-68 geophysics;
12-69 (2) incompetency, misconduct, fraud, gross negligence,
12-70 or repeated incidents of negligence in the public practice of
13-1 geology or geophysics;
13-2 (3) conviction of a felony or a crime involving moral
13-3 turpitude;
13-4 (4) the imposition of an administrative, civil, or
13-5 criminal fine, or the imposition of a sentence of imprisonment or
13-6 probation instead of a fine for a misdemeanor relating to or
13-7 arising out of the public practice of geology or geophysics;
13-8 (5) the issuance of a cease and desist order or a
13-9 similar sanction relating to or arising out of the public practice
13-10 of geology or geophysics;
13-11 (6) using the seal of another person or using or
13-12 allowing the use of the registration holder's seal on geological or
13-13 geophysical work not performed by or under the supervision of the
13-14 registration holder;
13-15 (7) aiding or abetting a person in the violation of
13-16 this Act;
13-17 (8) the revocation or suspension of a certificate of
13-18 registration, the denial of renewal of a certificate of
13-19 registration, or other disciplinary action taken by a state agency,
13-20 a board of registration, or a similar licensing agency for
13-21 geologists or geophysicists or a profession or occupation related
13-22 to the public practice of geology or geophysics; however, the
13-23 sanction imposed by the board under this subdivision may not exceed
13-24 in severity or duration the sanction on which the action is based;
13-25 (9) a mental or physical disability, including a
13-26 dependence on or addiction to alcohol or a legal or illegal drug,
13-27 that substantially interferes with the individual's ability to
13-28 assume the responsible charge of and responsibility for geological
13-29 or geophysical work; however, a sanction imposed under this
13-30 subdivision may not violate a state or federal law relating to the
13-31 rights of a person with a disability;
13-32 (10) practicing or offering to practice geology or
13-33 geophysics or holding out to the public that the person or the
13-34 person's firm or corporation is registered or qualified to practice
13-35 geology or geophysics when the person is not registered under this
13-36 Act or the person's firm or corporation does not employ a
13-37 registered geologist or registered geophysicist as required by this
13-38 Act;
13-39 (11) practicing or offering to practice a specialty of
13-40 geology or geophysics recognized by the board or holding out to the
13-41 public that the person or the person's firm or corporation is
13-42 certified in or qualified to practice a specialty of geology or
13-43 geophysics when the person is not certified in that specialty under
13-44 this Act or the person's firm or corporation does not employ a
13-45 geologist or geophysicist certified in that specialty to be in
13-46 responsible charge of the specialty work as required by this Act;
13-47 or
13-48 (12) violating this Act, a rule adopted under this
13-49 Act, including the code of professional conduct, or a comparable
13-50 provision of the laws or rules regulating the practice of geology
13-51 or geophysics in another state or country.
13-52 SECTION 37. COMPLAINTS; INVESTIGATION. (a) A person may
13-53 bring a complaint alleging a violation of this Act or a rule
13-54 adopted under this Act.
13-55 (b) The board shall investigate all complaints brought to
13-56 its attention and may employ investigators, expert witnesses, and
13-57 hearing officers, appoint advisory committees, and conduct hearings
13-58 to determine whether disciplinary or other action should be taken.
13-59 (c) A complaint must be made in writing, be sworn to by the
13-60 person making the complaint, and be filed with the board's
13-61 secretary.
13-62 (d) A person who reports or provides information to the
13-63 board in good faith is not subject to an action for civil damages.
13-64 (e) The board, on its own motion and on a finding of
13-65 probable cause following its investigation, may direct the
13-66 secretary to file a verified complaint charging a person with a
13-67 violation of this Act or a rule adopted under this Act. The board
13-68 shall hear all charges, except for a charge that the board
13-69 determines to be unfounded or unsupported by the evidence
13-70 submitted.
14-1 SECTION 38. REPORT OF DISCIPLINARY ACTION. (a) The board
14-2 shall report disciplinary actions taken by the board to appropriate
14-3 regulatory officials in this state, to any other registration or
14-4 licensing board or organization acting on behalf of a registration
14-5 or licensing board in another state, or to an appropriate state or
14-6 federal law enforcement agency if the board determines that a
14-7 violation of laws enforced by the agency receiving the report may
14-8 have occurred.
14-9 (b) The board shall report a disciplinary action taken by
14-10 the board to appropriate law enforcement authorities if the board
14-11 believes that the violation prompting the disciplinary action
14-12 constitutes a criminal offense.
14-13 (c) The records of the board's disciplinary actions may be
14-14 released by the board to a law enforcement agency or a licensing or
14-15 registration board in this state or another state on written
14-16 request.
14-17 (d) The board shall issue public notice of all suspensions
14-18 and revocations of certificates of registration, including a
14-19 suspension, surrender of a certificate, or a revocation obtained
14-20 informally or by consent, in an annual report or another
14-21 publication selected by the board. A report under this subsection
14-22 may not include an expiration or revocation of a registration based
14-23 solely on the failure of the registration holder to renew the
14-24 certificate or to pay an applicable fee.
14-25 SECTION 39. APPEAL. A person aggrieved by a final decision
14-26 or action of the board imposing a sanction under this Act may
14-27 appeal the board's decision or action in a court of competent
14-28 jurisdiction.
14-29 SECTION 40. REISSUANCE OF REGISTRATION. (a) The board may
14-30 reissue a certificate of registration that was revoked on written
14-31 application to the board made after the third anniversary of the
14-32 date of the revocation. The applicant must show good cause to
14-33 justify the reissuance of the registration.
14-34 (b) The board shall reissue a certificate of registration
14-35 that was suspended on the date the suspension period expires. The
14-36 board may impose reasonable conditions or limitations in connection
14-37 with the reissuance of a registration that has been suspended.
14-38 SECTION 41. OFFENSE. (a) A person commits an offense if
14-39 the person:
14-40 (1) practices, offers, or attempts to practice geology
14-41 or geophysics or a specialty of geology or geophysics without being
14-42 registered as required by this Act;
14-43 (2) uses the term "Registered Geologist" or
14-44 "Registered Geophysicist," uses the initials "R.G.," or claims a
14-45 specialty in geology or geophysics as a professional, business, or
14-46 commercial identification or title or otherwise holds out to the
14-47 public that the person is registered to practice geology or
14-48 geophysics or a specialty of geology or geophysics without being
14-49 registered as required by this Act;
14-50 (3) alters or revises a document, map, or other
14-51 geological or geophysical work signed or sealed by a registered
14-52 geologist or registered geophysicist unless the alteration or
14-53 revision is signed and sealed by a registered geologist or
14-54 registered geophysicist;
14-55 (4) changes or alters the name or seal of another
14-56 registered geologist or registered geophysicist on any document,
14-57 map, or other geological or geophysical work;
14-58 (5) impersonates a registered geologist or registered
14-59 geophysicist or presents or attempts to use the certificate of
14-60 registration or the seal of another registered geologist or
14-61 registered geophysicist as the person's own certificate of
14-62 registration or seal;
14-63 (6) gives false or forged evidence to the board or to
14-64 a member of the board in an attempt to obtain a certificate of
14-65 registration;
14-66 (7) uses a seal or signs a document under a
14-67 certificate of registration that is expired or has been suspended
14-68 or revoked;
14-69 (8) manages, owns, or operates a place of business
14-70 where public geological or geophysical work or specialty work that
15-1 is not exempt from registration under this Act is offered or
15-2 performed for others without the work being supervised or performed
15-3 by a registered geologist or registered geophysicist or a geologist
15-4 or geophysicist certified in a specialty of geology or geophysics;
15-5 (9) uses public geological or geophysical work
15-6 performed by another person for a purpose that violates this Act;
15-7 or
15-8 (10) otherwise violates this Act or a rule adopted by
15-9 the board under this Act.
15-10 (b) An offense under this section is a Class A misdemeanor.
15-11 SECTION 42. TRANSITION. (a) An applicant who applies for
15-12 registration under this Act before September 1, 1996, may be
15-13 qualified for registration without written examination if the
15-14 applicant has:
15-15 (1) graduated from an accredited institution of higher
15-16 education acceptable to the board with a bachelor of science or
15-17 bachelor of arts or higher degree and a major in geology or
15-18 geoscience if the application is for a certificate of registration
15-19 as a geologist or a major in geophysics, geophysical science, or
15-20 another discipline the board determines to be relevant to
15-21 geophysics if the application is for a certificate of registration
15-22 as a geophysicist; or
15-23 (2) graduated from an accredited institution of higher
15-24 education in a four-year academic degree program other than
15-25 geology, geoscience, or geophysics, as appropriate, but has
15-26 completed the required number of course hours to qualify as a
15-27 geologist or geophysicist or in a specialty of geology or
15-28 geophysics and has experience consisting of not less than six years
15-29 of professional practice in geology or geophysics, as appropriate,
15-30 acceptable to the board completed before the date of application
15-31 for registration under this section.
15-32 (b) An applicant for certification in a specialty who
15-33 applies before the first anniversary of the date the board
15-34 officially recognizes the specialty under this Act may be qualified
15-35 for certification in that specialty without written examination if
15-36 the applicant:
15-37 (1) is registered under this Act as a geologist or
15-38 geophysicist in this state; and
15-39 (2) has experience consisting of not less than six
15-40 years of professional practice acceptable to the board in the
15-41 applicable specialty of geology or geophysics completed before the
15-42 date of application for certification in a specialty under this
15-43 section.
15-44 (c) An initial member of the board who is required to be a
15-45 registered geologist or geophysicist must be qualified for
15-46 registration or certification under Subsections (a) and (b) of this
15-47 section.
15-48 (d) The governor shall make the initial appointments to the
15-49 board before November 1, 1995. The board shall hold its first
15-50 meeting before January 1, 1996. The initial appointments to the
15-51 board shall be made as follows:
15-52 (1) three members shall be appointed for terms
15-53 expiring in 1997;
15-54 (2) three members shall be appointed for terms
15-55 expiring in 1999; and
15-56 (3) three members shall be appointed for terms
15-57 expiring in 2001.
15-58 (e) The board shall adopt rules under this Act not later
15-59 than November 30, 1996.
15-60 (f) A person is not required to obtain a license under this
15-61 Act until January 1, 1997.
15-62 SECTION 43. EFFECTIVE DATE. This Act takes effect September
15-63 1, 1995, except that Sections 18 and 41 take effect January 1,
15-64 1997.
15-65 SECTION 44. EMERGENCY. The importance of this legislation
15-66 and the crowded condition of the calendars in both houses create an
15-67 emergency and an imperative public necessity that the
15-68 constitutional rule requiring bills to be read on three several
15-69 days in each house be suspended, and this rule is hereby suspended.
15-70 * * * * *