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                               * * * * *