By West                                               H.B. No. 2412
       74R7321 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of sociological practitioners; providing
    1-3  a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5                    ARTICLE 1.  GENERAL PROVISIONS
    1-6        SECTION 1.01.  DEFINITIONS.  In this Act:
    1-7              (1)  "Board" means the Texas Board of Examiners of
    1-8  Sociologists.
    1-9              (2)  "Board of health" means the Texas Board of Health.
   1-10              (3)  "Certified sociological practitioner" means an
   1-11  individual certified by the board as:
   1-12                    (A)  a sociological practitioner; or
   1-13                    (B)  a certified professional sociological
   1-14  practitioner.
   1-15              (4)  "Department" means the Texas Department of Health.
   1-16                      ARTICLE 2.  ADMINISTRATION
   1-17        SECTION 2.01.  BOARD.  (a)  The Texas Board of Examiners of
   1-18  Sociologists consists of nine members appointed by the governor as
   1-19  follows:
   1-20              (1)  three members who are engaged in the practice of
   1-21  sociology;
   1-22              (2)  three members who are professional educators in
   1-23  sociology; and
   1-24              (3)  three members who are representatives of the
    2-1  general public.
    2-2        (b)  Appointments to the board shall be made without regard
    2-3  to the race, color, disability, sex, religion, age, or national
    2-4  origin of the appointees.
    2-5        (c)  The board is subject to Chapters 551 and 2001,
    2-6  Government Code.
    2-7        SECTION 2.02.  SUNSET PROVISION.  The board is subject to
    2-8  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
    2-9  in existence as provided by that chapter, the board is abolished
   2-10  and this Act expires September 1, 2007.
   2-11        SECTION 2.03.  TERMS; VACANCY.  (a)  Members of the board
   2-12  hold office for staggered terms of six years.  Three members' terms
   2-13  expire February 1 of each odd-numbered year.
   2-14        (b)  If a vacancy occurs during a term, the governor shall
   2-15  appoint a replacement who meets the qualifications for the vacated
   2-16  office to fill the unexpired part of the term.
   2-17        SECTION 2.04.  OFFICERS.  The board shall elect a chair and
   2-18  vice chair from the board's members.  The chair and vice chair
   2-19  shall serve as provided by board rule.
   2-20        SECTION 2.05.  COMPENSATION.  A member of the board is not
   2-21  entitled to compensation for serving on the board.  A member is
   2-22  entitled to reimbursement for travel expenses as provided by the
   2-23  General Appropriations Act.
   2-24        SECTION 2.06.  MEETINGS.  (a)  The board shall meet at least
   2-25  semiannually.
   2-26        (b)  The board may meet at other times at the call of the
   2-27  chair or as provided by board rule.
    3-1        SECTION 2.07.  RESTRICTIONS ON APPOINTMENT, MEMBERSHIP, AND
    3-2  EMPLOYMENT.  (a)  A member of the board or an employee of the
    3-3  department who performs functions for the board may not:
    3-4              (1)  be an officer, employee, or paid consultant of a
    3-5  trade association in the field of sociology or a related mental
    3-6  health field;
    3-7              (2)  be related within the second degree by affinity or
    3-8  within the third degree by consanguinity to a person who is an
    3-9  officer, employee, or paid consultant of a trade association in the
   3-10  field of sociology or a related mental health field; or
   3-11              (3)  communicate directly or indirectly with a party or
   3-12  a representative of a party to a proceeding pending before the
   3-13  board if the member or employee is assigned to make a decision, a
   3-14  finding of fact, or a conclusion of law in the proceeding, unless
   3-15  notice and an opportunity to participate are given to each party to
   3-16  the proceeding.
   3-17        (b)  A public member of the board or the spouse of a public
   3-18  member may not be or have been related to a person within the
   3-19  second degree by affinity or the third degree by consanguinity who
   3-20  has, other than as a consumer, a financial interest in the field of
   3-21  sociology or a related mental health field.
   3-22        (c)  A person may not serve as a member of the board or act
   3-23  as general counsel to the board if the person is required to
   3-24  register as a lobbyist under Chapter 305, Government Code, because
   3-25  of the person's activities for compensation on behalf of a
   3-26  profession related to the operation of the board.
   3-27        SECTION 2.08.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground
    4-1  for removal from the board that a member:
    4-2              (1)  does not have at the time of appointment the
    4-3  qualifications required for appointment to the board;
    4-4              (2)  does not maintain, during service on the board,
    4-5  the qualifications required for appointment to the board;
    4-6              (3)  violates a prohibition established by Section 2.07
    4-7  of this Act;
    4-8              (4)  cannot discharge the member's duties for a
    4-9  substantial part of the term for which the member is appointed
   4-10  because of illness or disability; or
   4-11              (5)  is absent from more than half of the regularly
   4-12  scheduled board meetings that the member is eligible to attend
   4-13  during a calendar year unless the absence is excused by majority
   4-14  vote of the board.
   4-15        (b)  The validity of an action of the board is not affected
   4-16  by the fact that it is taken when a ground for removal of a board
   4-17  member exists.
   4-18        (c)  If the executive director of the board has knowledge
   4-19  that a potential ground for removal exists, the executive director
   4-20  shall notify the chair of the board of the ground.  The chair shall
   4-21  then notify the governor that a potential ground for removal
   4-22  exists.
   4-23        SECTION 2.09.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.
   4-24  (a)  The board shall prepare information of public interest
   4-25  describing the functions of the board and the procedures by which
   4-26  complaints are filed with and resolved by the board.  The board
   4-27  shall make the information available to the public and appropriate
    5-1  state agencies.
    5-2        (b)  The board shall keep an information file about each
    5-3  complaint filed with the board that the board has authority to
    5-4  resolve.  If a written complaint is filed with the board that the
    5-5  board has authority to resolve, the board, at least quarterly and
    5-6  until final disposition of the complaint, shall notify the parties
    5-7  to the complaint of the status of the complaint.
    5-8        (c)  The board shall develop and implement policies that
    5-9  provide the public with a reasonable opportunity to appear before
   5-10  the board and to speak on any issue under the jurisdiction of the
   5-11  board.
   5-12        SECTION 2.10.  FEES; FUND.  (a)  The board of health shall by
   5-13  rule adopt fees for certification, certification renewal,
   5-14  examination, and other administrative expenses under this Act.
   5-15        (b)  The board of health shall set fees in amounts that are
   5-16  reasonable and necessary to cover the costs of administering this
   5-17  Act.
   5-18        (c)  The sociologist certification account is created in the
   5-19  general revenue fund and may be used only by the board of health
   5-20  and the department in the administration of this Act.  Fees
   5-21  received by the department under this Act shall be deposited in the
   5-22  general revenue fund to the credit of the account.
   5-23        (d)  The salaries and reimbursements paid by the department
   5-24  shall be comparable to those prescribed in the General
   5-25  Appropriations Act for persons holding comparable positions.  The
   5-26  general rules of the General Appropriations Act apply to the
   5-27  expenditure of funds under this section.  The board of health and
    6-1  department may apply the funds covered by this section to replenish
    6-2  other budget items to the extent that funds were directed from
    6-3  those items to facilitate certification of sociologists before fees
    6-4  were available to do so.
    6-5        SECTION 2.11.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The
    6-6  board may adopt rules for the board's own procedures.
    6-7        (b)  The board shall propose rules relating to certification
    6-8  requirements for sociologists for consideration by the board of
    6-9  health.
   6-10        (c)  Based on rules adopted by the board of health, the board
   6-11  shall determine the qualifications and fitness of applicants for
   6-12  certification under this Act.
   6-13        (d)  The board shall adopt a code of professional ethics for
   6-14  persons certified under this Act.
   6-15        (e)  On or before February 1 of each year, the board shall
   6-16  present a written report to the governor and the presiding officer
   6-17  of each house of the legislature that describes the activities of
   6-18  the board and details the disposition of all funds received and
   6-19  disbursed by the board during the preceding year.
   6-20        SECTION 2.12.  EXECUTIVE DIRECTOR; PERSONNEL.  (a)  The
   6-21  commissioner of health shall appoint an executive director for the
   6-22  board after consultation with the board members.  The executive
   6-23  director must be an employee of the department.
   6-24        (b)  The executive director shall administer the
   6-25  certification activities conducted under this Act as directed by
   6-26  the board or the commissioner of health.
   6-27        (c)  The basic personnel and necessary facilities required to
    7-1  administer this Act shall be designated by the commissioner of
    7-2  health and made available to the board for the efficient
    7-3  administration of the board's duties.  The department shall secure
    7-4  by agreement services that are necessary and provide for
    7-5  compensation for those services.  The department may employ and
    7-6  compensate, within available appropriations, professional
    7-7  consultants, technical assistants, and employees on a full-time or
    7-8  part-time basis as necessary to administer this Act.
    7-9                       ARTICLE 3.  CERTIFICATION
   7-10        SECTION 3.01.  CERTIFICATION REQUIRED.  A person may not use
   7-11  the title "certified sociological practitioner" or "certified
   7-12  professional sociological practitioner" or any other title that
   7-13  implies that the person is certified in sociology unless the person
   7-14  holds a certificate under this Act, is authorized by law to perform
   7-15  sociology within the course and scope of another license issued
   7-16  under the laws of this state, or is exempt under Section 3.03 of
   7-17  this Act.
   7-18        SECTION 3.02.  SCOPE OF PRACTICE.  (a)  Services provided by
   7-19  a certified sociological practitioner or certified professional
   7-20  sociological practitioner include the application of sociological
   7-21  perspectives, methods, and research models to the analysis and
   7-22  design of interventions for effective change and to produce greater
   7-23  effectiveness at any level of an organization including businesses,
   7-24  government  agencies, nonprofit organizations, or small group
   7-25  settings.
   7-26        (b)  A certified sociological practitioner may make social
   7-27  assessments and formal evaluations of interactional patterns and
    8-1  social situations to arrive at judgments that allow the
    8-2  practitioner to offer techniques, schemes, and strategies for
    8-3  intervention to facilitate change at any level of social
    8-4  organization.  A certified sociological practitioner may also
    8-5  employ sociological perspectives and methods to assist in
    8-6  problem-solving.
    8-7        (c)  A certified professional sociological practitioner is a
    8-8  research specialist who produces information useful in resolving
    8-9  problems for government, industry, and others.  The practice
   8-10  includes the research model of formulating and testing options and
   8-11  the research model of assessment and evaluation.  Using these
   8-12  techniques, a certified professional sociological practitioner may
   8-13  assist with program planning, policy implementation and
   8-14  formulation, social impact analysis, and needs assessments at the
   8-15  macro and micro levels of an organization.
   8-16        (d)  Problems addressed by certified sociological
   8-17  practitioners and certified professional sociological practitioners
   8-18  are interventions directed at empowering groups and individuals to
   8-19  implement changes in social roles and status to achieve greater
   8-20  involvement with the environment of each group or individual.
   8-21  These practitioners also investigate and inform groups and
   8-22  individuals about social forces and factors that affect
   8-23  individuals' lives, including social structure, social change, and
   8-24  shared beliefs.
   8-25        (e)  A certified sociological practitioner holding only a
   8-26  baccalaureate may offer sociological services only as an employee
   8-27  of an exempt agency, for a certified professional sociological
    9-1  practitioner holding a master's degree or doctoral degree, or in an
    9-2  employment situation in which the practitioner is employed
    9-3  full-time by an agency or institution approved by the board.  An
    9-4  affidavit of supervision must be on file with the board at all
    9-5  times with regard to a certified sociological practitioner.
    9-6        SECTION 3.03.  EXEMPTIONS.  The certification requirements of
    9-7  this Act do not apply to:
    9-8              (1)  the activities of a student, intern, or trainee in
    9-9  sociology in connection with a recognized course of study in
   9-10  sociology at an accredited institution of higher education or other
   9-11  training institution, if the activities constitute a part of the
   9-12  course of study and the person is designated by a title including
   9-13  "sociological intern";
   9-14              (2)  services provided by a nonresident of this state
   9-15  for more than 15 days during the calendar year, if the person is
   9-16  authorized to provide the services under the law of the state or
   9-17  country of the person's residence;
   9-18              (3)  the activities and services of a member of another
   9-19  licensed profession, including a physician, an attorney, a
   9-20  registered nurse, an occupational therapist, a psychologist, a
   9-21  licensed social worker, a licensed professional counselor, or a
   9-22  licensed marriage and family therapist; or
   9-23              (4)  the activities and services of a Christian Science
   9-24  practitioner recognized by the Church of Christ, Scientist, or
   9-25  another recognized religious practitioner, including a pastoral
   9-26  counselor, if the practitioner practices sociology in a manner
   9-27  consistent with the laws of this state.
   10-1        SECTION 3.04.  CERTIFICATION APPLICATION.  (a)  An applicant
   10-2  for certification under this Act must file a written application
   10-3  with the board on a form prescribed by the board, accompanied by
   10-4  the application fee.
   10-5        (b)  A person is eligible for certification as a certified
   10-6  sociological practitioner if the person:
   10-7              (1)  is at least 18 years of age;
   10-8              (2)  holds a baccalaureate in sociology conferred by a
   10-9  regionally accredited institution of higher education or an
  10-10  institution of higher education approved by the board;
  10-11              (3)  has at least 250 hours' experience delivering
  10-12  services related to professional sociology supervised in a manner
  10-13  acceptable to the board;
  10-14              (4)  is of good moral character;
  10-15              (5)  has not been convicted of a felony or a
  10-16  misdemeanor involving moral turpitude;
  10-17              (6)  does not use drugs or alcohol to an extent that
  10-18  affects the applicant's professional competency;
  10-19              (7)  has not had a license or certification revoked by
  10-20  a licensing agency or a certifying organization; and
  10-21              (8)  has not engaged in fraud or deceit in making the
  10-22  application.
  10-23        (c)  A person is eligible for certification as a certified
  10-24  professional sociological practitioner if the person:
  10-25              (1)  is at least 18 years of age;
  10-26              (2)  holds a master's degree or doctoral degree in
  10-27  sociology  conferred by a regionally accredited institution of
   11-1  higher education or an institution of higher education approved by
   11-2  the board;
   11-3              (3)  has at least 2,000 hours, if the applicant holds a
   11-4  master's degree, or 1,000 hours, if the applicant holds a doctoral
   11-5  degree, of experience delivering services related to professional
   11-6  sociology supervised in a manner acceptable to the board;
   11-7              (4)  is of good moral character;
   11-8              (5)  has not been convicted of a felony or a
   11-9  misdemeanor involving moral turpitude;
  11-10              (6)  does not use drugs or alcohol to an extent that
  11-11  affects the applicant's professional competency;
  11-12              (7)  has not had a license or certification revoked by
  11-13  a licensing agency or a certifying organization; and
  11-14              (8)  has not engaged in fraud or deceit in making the
  11-15  application.
  11-16        SECTION 3.05.  APPLICANT QUALIFICATIONS; APPLICATION REVIEW.
  11-17  (a)  An applicant for certification as either a certified
  11-18  sociological practitioner or a certified professional sociological
  11-19  practitioner must submit a sworn application accompanied by an
  11-20  application fee.
  11-21        (b)  The board shall prescribe the form of the application
  11-22  and by rule may establish dates by which applications and fees must
  11-23  be received.  These rules may not be inconsistent with the rules of
  11-24  the department or board of health related to application dates for
  11-25  other licensing programs.
  11-26        (c)  To qualify for the certifying examination, the applicant
  11-27  must have successfully completed a sociology education program
   12-1  approved by the board.
   12-2        (d)  In approving sociology education programs necessary to
   12-3  qualify for the certification examination, the board may approve
   12-4  only a program that has educational standards that are established
   12-5  by the board.
   12-6        (e)  Not later than the 45th day after the date a properly
   12-7  submitted application is received and not later than the 30th day
   12-8  before the next examination date, the department shall notify an
   12-9  applicant in writing that the applicant's application and other
  12-10  relevant evidence pertaining to application qualifications
  12-11  established by the board have been received and investigated.  The
  12-12  notice must state whether the application and other evidence
  12-13  submitted qualify the applicant for the examination.  If the
  12-14  applicant is not qualified to take the examination, the notice must
  12-15  state the reasons for the lack of qualification.
  12-16        SECTION 3.06.  EXAMINATION REQUIREMENTS.  (a)  After
  12-17  September 1, 1996, each applicant for certification under this Act
  12-18  must pass an examination prescribed and approved by the board.  The
  12-19  examination may consist of:
  12-20              (1)  a written examination;
  12-21              (2)  a field examination that is conducted through
  12-22  questionnaires answered by the applicant's instructors, employers,
  12-23  supervisors, or other persons who are competent, in the judgment of
  12-24  the board, to assess the applicant's professional ability and that
  12-25  may include written case studies and taped interviews;
  12-26              (3)  an oral examination; or
  12-27              (4)  any combination of those examinations.
   13-1        (b)  An applicant must apply to take the examination on a
   13-2  form prescribed by the board.  The examination application must be
   13-3  accompanied by the examination fee adopted by the board of health.
   13-4        (c)  The board shall determine the times and places for
   13-5  certification examinations and shall offer the examinations at
   13-6  least semiannually.  The board shall give reasonable public notice
   13-7  of an examination in the manner provided by board rules.
   13-8        (d)  Unless the examination is graded or reviewed by a
   13-9  national testing service, the board shall notify each examinee of
  13-10  the results of the examination not later than the 30th day after
  13-11  the examination date.  If the examination is graded or reviewed by
  13-12  a national testing service, the board shall notify each examinee of
  13-13  the results from the national testing service.  If the examination
  13-14  results will be delayed for more than 90 days after the examination
  13-15  date, the board shall notify each examinee of the reason for the
  13-16  delay not later than the 90th day after the examination date.
  13-17        (e)  An applicant who fails an examination may retake the
  13-18  examination on payment of an additional examination fee.  On the
  13-19  failure of the applicant to pass a second or subsequent
  13-20  examination, the board may require the applicant to complete
  13-21  additional courses of study designated by the board.  The board may
  13-22  require the applicant to present satisfactory evidence of
  13-23  completion of a required course.
  13-24        (f)  If requested in writing by a person who fails an
  13-25  examination administered under this Act, the board shall furnish
  13-26  the person with an analysis of the person's performance on the
  13-27  examination.
   14-1        SECTION 3.07.  NOTICE OF CURRENT ADDRESS.  Each certificate
   14-2  holder shall keep the board informed of the certificate holder's
   14-3  current address.
   14-4        SECTION 3.08.  CERTIFICATE RENEWAL; CONTINUING EDUCATION.
   14-5  (a)  A certificate issued under this Act is subject to annual
   14-6  renewal.  The board shall adopt a system under which certificates
   14-7  expire on various dates during the year.
   14-8        (b)  A certificate holder may renew an unexpired certificate
   14-9  by paying the renewal fee before the expiration date of the
  14-10  certificate.
  14-11        (c)  If a person's certificate has expired for 90 days or
  14-12  less, the person may renew the certificate by paying to the board
  14-13  the required renewal fee and a fee that is one-half of the
  14-14  examination fee for certification.
  14-15        (d)  The certificate may be renewed annually if the person
  14-16  holding the certificate is not in violation of this Act at the time
  14-17  of application for renewal and if the applicant fulfills continuing
  14-18  education requirements as established by the board.
  14-19        (e)  If a person's certificate has been expired for one year
  14-20  or longer, the person may not renew the certificate.  The person
  14-21  may obtain a new certificate  by complying with the requirements
  14-22  and procedures for obtaining an original certificate.  However, the
  14-23  board may renew without reexamination an expired certificate of a
  14-24  person who was certified in this state, moved to another state, and
  14-25  is currently certified and has been in practice in the other state
  14-26  for the two years preceding application.  The person must pay to
  14-27  the board a fee that is equal to the examination fee for the
   15-1  certificate.
   15-2        (f)  The board may approve continuing education programs for
   15-3  certificate holders and may require a certificate holder to
   15-4  participate in an approved continuing education program in order to
   15-5  renew a certificate issued under this Act.
   15-6        SECTION 3.09.  PROVISIONAL CERTIFICATION.  (a)  The board may
   15-7  grant, on application and payment of any required fees, a
   15-8  provisional certificate to a person who at the time of application
   15-9  holds a valid certificate as a sociologist issued by another state
  15-10  or a political territory or jurisdiction acceptable to the board.
  15-11  An applicant for a provisional certificate under this section must:
  15-12              (1)  be certified in good standing as a sociologist in
  15-13  another state, territory, or jurisdiction that has certification
  15-14  requirements that are substantially equivalent to the requirements
  15-15  of this Act;
  15-16              (2)  have passed a national or other examination
  15-17  recognized by the board relating to sociology; and
  15-18              (3)  be sponsored by a person certified by the board
  15-19  under this Act with whom the provisional certificate holder may
  15-20  practice under this section.
  15-21        (b)  An applicant for a provisional certificate may be
  15-22  excused from the requirement of Subsection (a)(3) of this section
  15-23  if the board determines that compliance with that subsection
  15-24  constitutes a hardship to the applicant.
  15-25        (c)  A provisional certificate is valid until the date the
  15-26  board approves or denies the certificate holder's application for a
  15-27  certificate.  The board shall issue a certificate under this Act to
   16-1  the holder of a provisional certificate under this section if:
   16-2              (1)  the provisional certificate holder passes the
   16-3  examination required by Section 3.06 of this Act;
   16-4              (2)  the board verifies that the provisional
   16-5  certificate holder has the academic and experience requirements for
   16-6  a certificate under this Act; and
   16-7              (3)  the provisional certificate holder satisfies any
   16-8  other certification requirements under this Act.
   16-9        (d)  The board shall complete the processing of a provisional
  16-10  certificate holder's application for a certificate not later than
  16-11  the 180th day after the date the provisional certificate is issued
  16-12  or at the time certificates are issued following the successful
  16-13  completion of the examination, whichever is later.
  16-14        SECTION 3.10.  DISPLAY OF CERTIFICATE; REGISTRY.  (a)  Each
  16-15  person certified under this Act shall display the person's
  16-16  certificate in a conspicuous manner in the principal office or
  16-17  location in which the person practices.
  16-18        (b)  The board shall prepare a registry of all persons
  16-19  certified under this Act on an annual basis.  The board shall make
  16-20  the registry available to the public, certificate holders, and
  16-21  other state agencies.
  16-22        SECTION 3.11.  INACTIVE STATUS.  (a)  A person who holds a
  16-23  certificate issued under this Act and who is not actively engaged
  16-24  in the practice of sociology may apply to the board in writing to
  16-25  be placed on the inactive status list maintained by the board.  The
  16-26  person must apply for inactive status before the expiration of the
  16-27  person's certificate.  A person on inactive status is not required
   17-1  to pay an annual renewal fee.
   17-2        (b)  If a person on inactive status desires to renew active
   17-3  status, the person shall notify the board in writing.  The board
   17-4  shall remove the person from the inactive status list on payment of
   17-5  an administrative fee and on compliance with educational or other
   17-6  requirements set by board rule.
   17-7                  ARTICLE 4.  ENFORCEMENT PROVISIONS
   17-8        SECTION 4.01.  DENIAL, SUSPENSION, OR REVOCATION OF
   17-9  CERTIFICATE.  The board may deny, suspend, probate, or revoke a
  17-10  certificate or otherwise discipline a certificate holder if the
  17-11  applicant for certification or the certificate holder has:
  17-12              (1)  been convicted of a felony or a misdemeanor
  17-13  involving moral turpitude;
  17-14              (2)  obtained or attempted to obtain a certificate by
  17-15  fraud or deception;
  17-16              (3)  used drugs or alcohol to an extent that affects
  17-17  professional competence;
  17-18              (4)  been grossly negligent in performing professional
  17-19  duties;
  17-20              (5)  been adjudicated mentally incompetent by a court
  17-21  of competent jurisdiction;
  17-22              (6)  practiced in a manner detrimental to the public
  17-23  health or welfare;
  17-24              (7)  advertised in a manner that tends to deceive or
  17-25  defraud the public;
  17-26              (8)  had a license or certificate revoked by a
  17-27  licensing agency or a professional certifying organization; or
   18-1              (9)  otherwise violated this Act or a rule or the code
   18-2  of ethics adopted under this Act.
   18-3        SECTION 4.02.  INJUNCTION.  (a)  The board or department may
   18-4  bring an action to enjoin a violation of this Act.  The action may
   18-5  be brought in Travis County, in the county of the defendant's
   18-6  residence, or in the county where any part of the violation
   18-7  occurred.
   18-8        (b)  An action brought under this section is in addition to
   18-9  any other action, proceeding, or remedy authorized by law.
  18-10        (c)  The board or department shall be represented in a
  18-11  proceeding under this section by the attorney general or the
  18-12  appropriate county or district attorney.
  18-13        SECTION 4.03.  PENALTY.  A person, other than a person who is
  18-14  exempt under Section 3.03 of this Act, commits an offense if the
  18-15  person intentionally or knowingly violates Section 3.01 of this
  18-16  Act.
  18-17           ARTICLE 5.  EFFECTIVE DATE; TRANSITION; EMERGENCY
  18-18        SECTION 5.01.  EFFECTIVE DATE.  (a)  Except as provided by
  18-19  Subsection (b) of this section, this Act takes effect September 1,
  18-20  1995.
  18-21        (b)  Sections 3.01 and 4.03 of this Act take effect September
  18-22  1, 1997.
  18-23        SECTION 5.02.  TRANSITION.  (a)  The board and the board of
  18-24  health shall adopt rules under this Act not later than January 1,
  18-25  1996.
  18-26        (b)  A person actively engaged in the practice of sociology
  18-27  consistent with applicable law on or before January 1, 1995, is
   19-1  entitled to receive a certificate as a certified sociological
   19-2  practitioner without an examination if the person applies on or
   19-3  before September 1, 1997, and presents evidence satisfactory to the
   19-4  board that the person meets one of the following requirements:
   19-5              (1)  the person, as of the effective date of this Act,
   19-6  has been practicing as a sociologist since January 1, 1991;
   19-7              (2)  the person has at least five years' experience as
   19-8  a practicing sociologist; or
   19-9              (3)  the person has successfully completed a sociology
  19-10  education program approved by the board.
  19-11        (c)  A sociologist member of the board:
  19-12              (1)  is not required to be certified at the time of the
  19-13  member's appointment to the board if the member was appointed to
  19-14  the board before January 1, 1997; or
  19-15              (2)  is not required to be certified under this Act for
  19-16  three years or more after the date of the member's appointment to
  19-17  the board if the member was appointed to the board before September
  19-18  1, 1999.
  19-19        (d)  In making the initial appointments to the board, the
  19-20  governor shall appoint:
  19-21              (1)  one member engaged in the practice of sociology,
  19-22  one public member, and one professional educator in sociology to
  19-23  serve terms expiring February 1, 1997;
  19-24              (2)  one member engaged in the practice of sociology,
  19-25  one public member, and one professional educator in sociology to
  19-26  serve terms expiring February 1, 1999; and
  19-27              (3)  one member engaged in the practice of sociology,
   20-1  one public member, and one professional educator in sociology to
   20-2  serve terms expiring February 1, 2001.
   20-3        SECTION 5.03.  EMERGENCY.  The importance of this legislation
   20-4  and the crowded condition of the calendars in both houses create an
   20-5  emergency and an imperative public necessity that the
   20-6  constitutional rule requiring bills to be read on three several
   20-7  days in each house be suspended, and this rule is hereby suspended.