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 * * * * *