By West                                          H.B. No. 408

      75R2262 JMM-D                           

                                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, 2009.

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.  The board may prescribe different certification fee amounts

5-18     for a certified sociological practitioner holding only a

5-19     baccalaureate degree, a certified professional sociological

5-20     practitioner holding a master's degree, and a certified

5-21     professional sociological practitioner holding a doctoral degree.

5-22           (c)  The sociologist certification account is created in the

5-23     general revenue fund and may be used only by the board of health

5-24     and the department in the administration of this Act.  Fees

5-25     received by the department under this Act shall be deposited in the

5-26     general revenue fund to the credit of that account.

5-27           (d)  The salaries and reimbursements paid by the department

 6-1     shall be comparable to those prescribed in the General

 6-2     Appropriations Act for persons holding comparable positions.  The

 6-3     general rules of the General Appropriations Act apply to the

 6-4     expenditure of funds under this section.  The board of health and

 6-5     department may apply the funds covered by this section to replenish

 6-6     other budget items to the extent that funds were directed from

 6-7     those items to facilitate certification of sociologists before fees

 6-8     were available to do so.

 6-9           SECTION 2.11.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The

6-10     board may adopt rules for the board's own procedures.

6-11           (b)  The board shall propose rules relating to certification

6-12     requirements for sociologists for consideration by the board of

6-13     health.

6-14           (c)  Based on rules adopted by the board of health, the board

6-15     shall determine the qualifications and fitness of applicants for

6-16     certification under this Act.

6-17           (d)  The board shall adopt a code of professional ethics for

6-18     persons certified under this Act.

6-19           (e)  On or before February 1 of each year, the board shall

6-20     present a written report to the governor and the presiding officer

6-21     of each house of the legislature that describes the activities of

6-22     the board and details the disposition of all funds received and

6-23     disbursed by the board during the preceding year.

6-24           SECTION 2.12.  EXECUTIVE DIRECTOR; PERSONNEL.  (a)  The

6-25     commissioner of health shall appoint an executive director for the

6-26     board after consultation with the board members.  The executive

6-27     director must be an employee of the department.

 7-1           (b)  The executive director shall administer the

 7-2     certification activities conducted under this Act as directed by

 7-3     the board or the commissioner of health.

 7-4           (c)  The basic personnel and necessary facilities required to

 7-5     administer this Act shall be designated by the commissioner of

 7-6     health and made available to the board for the efficient

 7-7     administration of the board's duties.  The department shall secure

 7-8     by agreement services that are necessary and provide for

 7-9     compensation for those services.  The department may employ and

7-10     compensate, within available appropriations, professional

7-11     consultants, technical assistants, and employees on a full-time or

7-12     part-time basis as necessary to administer this Act.

7-13                          ARTICLE 3.  CERTIFICATION

7-14           SECTION 3.01.  CERTIFICATION REQUIRED.  A person may not use

7-15     the title "certified sociological practitioner" or "certified

7-16     professional sociological practitioner" or any other title that

7-17     implies that the person is certified in sociology unless the person

7-18     holds a certificate under this Act, is authorized by law to perform

7-19     sociology within the course and scope of another license issued

7-20     under the laws of this state, or is exempt under Section 3.03 of

7-21     this Act.

7-22           SECTION 3.02.  SCOPE OF PRACTICE.  (a)  Services provided by

7-23     a certified sociological practitioner or certified professional

7-24     sociological practitioner include the application of sociological

7-25     knowledge, theories, perspectives, methods, and research models to

7-26     the analysis and design of interventions for effective social

7-27     change and to produce greater effectiveness for groups and

 8-1     individuals at any level of social organization.

 8-2           (b)  A certified sociological practitioner may make social

 8-3     assessments and formal evaluations of interactional patterns and

 8-4     social situations to arrive at judgments that allow the

 8-5     practitioner to offer techniques, schemes, and strategies for

 8-6     intervention to facilitate change at any level of social

 8-7     organization.  A certified sociological practitioner may also

 8-8     employ sociological knowledge, theories, perspectives, methods, and

 8-9     research models to assist in individual and group problem-solving.

8-10           (c)  A certified professional sociological practitioner is a

8-11     research and intervention specialist who produces information and

8-12     interventions useful in resolving problems at any level of social

8-13     organization.  The practice includes the research model of

8-14     formulating and testing options and the research model of

8-15     assessment and evaluation.  Using these techniques, a certified

8-16     professional sociological practitioner may assist with program

8-17     planning, policy implementation and formulation, social impact

8-18     analysis, needs assessments, and assessments of interactional

8-19     patterns and social situations that allow the practitioner to

8-20     arrive at judgments to facilitate change at any level of social

8-21     organization.

8-22           (d)  Areas of practice addressed by certified sociological

8-23     practitioners and certified professional sociological practitioners

8-24     include interventions directed at empowering groups and individuals

8-25     to implement positive changes in the enactment of social roles and

8-26     status by the groups and individuals to achieve greater overall

8-27     effectiveness in the social environment.  As part of this process,

 9-1     these practitioners may educate, investigate, and inform groups and

 9-2     individuals about social forces and social factors that affect

 9-3     individuals' lives to promote more effective interaction in the

 9-4     social environment.  These social factors and forces include social

 9-5     structure, social change, culture, values, beliefs, attitudes, and

 9-6     behavior.

 9-7           SECTION 3.03.  EXEMPTIONS.  The certification requirements of

 9-8     this Act do not apply to:

 9-9                 (1)  the activities of a student, intern, or trainee in

9-10     sociology in connection with a recognized course of study in

9-11     sociology at an accredited institution of higher education or other

9-12     training institution, if the activities constitute a part of the

9-13     course of study and the person is designated by a title including

9-14     "sociological intern";

9-15                 (2)  services provided by a nonresident of this state

9-16     for more than 15 days during the calendar year, if the person is

9-17     authorized to provide the services under the law of the state or

9-18     country of the person's residence;

9-19                 (3)  the activities and services of a member of another

9-20     licensed profession, including a physician, an attorney, a

9-21     registered nurse, an occupational therapist, a psychologist, a

9-22     licensed social worker, a licensed professional counselor, or a

9-23     licensed marriage and family therapist; or

9-24                 (4)  the activities and services of a Christian Science

9-25     practitioner recognized by the Church of Christ, Scientist, or

9-26     another recognized religious practitioner, including a pastoral

9-27     counselor, if the practitioner practices sociology in a manner

 10-1    consistent with the laws of this state.

 10-2          SECTION 3.04.  CERTIFICATION APPLICATION.  (a)  An applicant

 10-3    for certification under this Act must file a written application

 10-4    with the board on a form prescribed by the board, accompanied by

 10-5    the application fee.

 10-6          (b)  A person is eligible for certification as a certified

 10-7    sociological practitioner if the person:

 10-8                (1)  is at least 18 years of age;

 10-9                (2)  holds a baccalaureate in sociology conferred by a

10-10    regionally accredited institution of higher education or an

10-11    institution of higher education approved by the board;

10-12                (3)  has at least 250 hours' experience delivering

10-13    services related to professional sociology supervised in a manner

10-14    acceptable to the board;

10-15                (4)  is of good moral character;

10-16                (5)  has not been convicted of a felony or a

10-17    misdemeanor involving moral turpitude;

10-18                (6)  does not use drugs or alcohol to an extent that

10-19    affects the applicant's professional competency;

10-20                (7)  has not had a license or certification revoked by

10-21    a licensing agency or a certifying organization; and

10-22                (8)  has not engaged in fraud or deceit in making the

10-23    application.

10-24          (c)  A person is eligible for certification as a certified

10-25    professional sociological practitioner if the person:

10-26                (1)  is at least 18 years of age;

10-27                (2)  holds a master's degree or doctoral degree in

 11-1    sociology  conferred by a regionally accredited institution of

 11-2    higher education or an institution of higher education approved by

 11-3    the board;

 11-4                (3)  has at least 2,000 hours, if the applicant holds a

 11-5    master's degree, or 1,000 hours, if the applicant holds a doctoral

 11-6    degree, of professional experience utilizing sociological concepts

 11-7    and interventions in delivering services related to professional

 11-8    sociology supervised by a certified professional sociological

 11-9    practitioner;

11-10                (4)  is of good moral character;

11-11                (5)  has not been convicted of a felony or a

11-12    misdemeanor involving moral turpitude;

11-13                (6)  does not use drugs or alcohol to an extent that

11-14    affects the applicant's professional competency;

11-15                (7)  has not had a license or certification revoked by

11-16    a licensing agency or a certifying organization; and

11-17                (8)  has not engaged in fraud or deceit in making the

11-18    application.

11-19          (d)  A person who does not have the qualifications required

11-20    by Subsection (c)(2) or (3) of this section is eligible for

11-21    certification as a certified professional sociological practitioner

11-22    if the person has at least 24 hours of graduate-level classes in

11-23    sociology and holds a master's degree or doctoral degree in

11-24    criminology, criminal justice, social psychology, social work,

11-25    marriage and family therapy, psychology, or another graduate-level

11-26    human service degree program approved by the board.  The 24 hours

11-27    of graduate level classes in sociology must include a three- to

 12-1    six-hour internship consisting of not less than three hours of

 12-2    course work each in sociological theory, methodology, and

 12-3    statistics.  If the person's internship was for six hours, the

 12-4    person must have completed not less than nine hours in

 12-5    graduate-level sociology elective courses.  If the person's

 12-6    internship was for three hours, the person must have completed not

 12-7    less than 12 hours in graduate-level sociology elective courses.

 12-8          SECTION 3.05.  APPLICANT QUALIFICATIONS; APPLICATION REVIEW.

 12-9    (a)  An applicant for certification as either a certified

12-10    sociological practitioner or a certified professional sociological

12-11    practitioner must submit a sworn application accompanied by an

12-12    application fee.

12-13          (b)  The board shall prescribe the form of the application

12-14    and by rule may establish dates by which applications and fees must

12-15    be received.  These rules may not be inconsistent with the rules of

12-16    the department or board of health related to application dates for

12-17    other licensing programs.

12-18          (c)  To qualify for the certifying examination, the applicant

12-19    must have successfully completed a sociology education program

12-20    approved by the board.

12-21          (d)  In approving sociology education programs necessary to

12-22    qualify for the certification examination, the board may approve

12-23    only a program that has educational standards that are established

12-24    by the board.

12-25          (e)  Not later than the 45th day after the date a properly

12-26    submitted application is received and not later than the 30th day

12-27    before the next examination date, the department shall notify an

 13-1    applicant in writing that the applicant's application and other

 13-2    relevant evidence pertaining to application qualifications

 13-3    established by the board have been received and investigated.  The

 13-4    notice must state whether the application and other evidence

 13-5    submitted qualify the applicant for the examination.  If the

 13-6    applicant is not qualified to take the examination, the notice must

 13-7    state the reasons for the lack of qualification.

 13-8          SECTION 3.06.  EXAMINATION REQUIREMENTS.  (a)  After

 13-9    September 1, 1998, each applicant for certification under this Act

13-10    must pass an examination prescribed and approved by the board.  The

13-11    examination may consist of:

13-12                (1)  a written examination;

13-13                (2)  a field examination that is conducted through

13-14    questionnaires answered by the applicant's instructors, employers,

13-15    supervisors, or other persons who are competent, in the judgment of

13-16    the board, to assess the applicant's professional ability and that

13-17    may include written case studies and taped interviews;

13-18                (3)  an oral examination; or

13-19                (4)  any combination of those examinations.

13-20          (b)  An applicant must apply to take the examination on a

13-21    form prescribed by the board.  The examination application must be

13-22    accompanied by the examination fee adopted by the board of health.

13-23          (c)  The board shall determine the times and places for

13-24    certification examinations and shall offer the examinations at

13-25    least semiannually.  The board shall give reasonable public notice

13-26    of an examination in the manner provided by board rules.

13-27          (d)  Unless the examination is graded or reviewed by a

 14-1    national testing service, the board shall notify each examinee of

 14-2    the results of the examination not later than the 30th day after

 14-3    the examination date.  If the examination is graded or reviewed by

 14-4    a national testing service, the board shall notify each examinee of

 14-5    the results from the national testing service.  If the examination

 14-6    results will be delayed for more than 90 days after the examination

 14-7    date, the board shall notify each examinee of the reason for the

 14-8    delay not later than the 90th day after the examination date.

 14-9          (e)  An applicant who fails an examination may retake the

14-10    examination on payment of an additional examination fee.  On the

14-11    failure of the applicant to pass a second or subsequent

14-12    examination, the board may require the applicant to complete

14-13    additional courses of study designated by the board.  The board may

14-14    require the applicant to present satisfactory evidence of

14-15    completion of a required course.

14-16          (f)  If requested in writing by a person who fails an

14-17    examination administered under this Act, the board shall furnish

14-18    the person with an analysis of the person's performance on the

14-19    examination.

14-20          SECTION 3.07.  NOTICE OF CURRENT ADDRESS.  Each certificate

14-21    holder shall keep the board informed of the certificate holder's

14-22    current address.

14-23          SECTION 3.08.  CERTIFICATE RENEWAL; CONTINUING EDUCATION.

14-24    (a)  A certificate issued under this Act is subject to annual

14-25    renewal.  The board shall adopt a system under which certificates

14-26    expire on various dates during the year.

14-27          (b)  A certificate holder may renew an unexpired certificate

 15-1    by paying the renewal fee before the expiration date of the

 15-2    certificate.

 15-3          (c)  If a person's certificate has expired for 90 days or

 15-4    less, the person may renew the certificate by paying to the board

 15-5    the required renewal fee and a fee that is one-half of the

 15-6    examination fee for certification.

 15-7          (d)  The certificate may be renewed annually if the person

 15-8    holding the certificate is not in violation of this Act at the time

 15-9    of application for renewal and if the applicant fulfills continuing

15-10    education requirements as established by the board.

15-11          (e)  If a person's certificate has been expired for one year

15-12    or longer, the person may not renew the certificate.  The person

15-13    may obtain a new certificate by complying with the requirements and

15-14    procedures for obtaining an original certificate.  However, the

15-15    board may renew without reexamination an expired certificate of a

15-16    person who was certified in this state, moved to another state, and

15-17    is currently certified and has been in practice in the other state

15-18    for the two years preceding application.  The person must pay to

15-19    the board a fee that is equal to the examination fee for the

15-20    certificate.

15-21          (f)  The board may approve continuing education programs for

15-22    certificate holders and may require a certificate holder to

15-23    participate in an approved continuing education program in order to

15-24    renew a certificate issued under this Act.

15-25          SECTION 3.09.  PROVISIONAL CERTIFICATION.  (a)  The board may

15-26    grant, on application and payment of any required fees, a

15-27    provisional certificate to a person who at the time of application

 16-1    holds a valid certificate as a sociologist issued by another state

 16-2    or a political territory or jurisdiction acceptable to the board.

 16-3    An applicant for a provisional certificate under this section must:

 16-4                (1)  be certified in good standing as a sociologist in

 16-5    another state, territory, or jurisdiction that has certification

 16-6    requirements that are substantially equivalent to the requirements

 16-7    of this Act;

 16-8                (2)  have passed a national or other examination

 16-9    recognized by the board relating to sociology; and

16-10                (3)  be sponsored by a person certified by the board

16-11    under this Act with whom the provisional certificate holder may

16-12    practice under this section.

16-13          (b)  An applicant for a provisional certificate may be

16-14    excused from the requirement of Subsection (a)(3) of this section

16-15    if the board determines that compliance with that subsection

16-16    constitutes a hardship to the applicant.

16-17          (c)  A provisional certificate is valid until the date the

16-18    board approves or denies the certificate holder's application for a

16-19    certificate.  The board shall issue a certificate under this Act to

16-20    the holder of a provisional certificate under this section if:

16-21                (1)  the provisional certificate holder passes the

16-22    examination required by Section 3.06 of this Act;

16-23                (2)  the board verifies that the provisional

16-24    certificate holder has the academic and experience requirements for

16-25    a certificate under this Act; and

16-26                (3)  the provisional certificate holder satisfies any

16-27    other certification requirements under this Act.

 17-1          (d)  The board shall complete the processing of a provisional

 17-2    certificate holder's application for a certificate not later than

 17-3    the 180th day after the date the provisional certificate is issued

 17-4    or at the time certificates are issued following the successful

 17-5    completion of the examination, whichever is later.

 17-6          SECTION 3.10.  DISPLAY OF CERTIFICATE; REGISTRY.  (a)  Each

 17-7    person certified under this Act shall display the person's

 17-8    certificate in a conspicuous manner in the principal office or

 17-9    location in which the person practices.

17-10          (b)  The board shall prepare a registry of all persons

17-11    certified under this Act on an annual basis.  The board shall make

17-12    the registry available to the public, certificate holders, and

17-13    other state agencies.

17-14          SECTION 3.11.  INACTIVE STATUS.  (a)  A person who holds a

17-15    certificate issued under this Act and who is not actively engaged

17-16    in the practice of sociology may apply to the board in writing to

17-17    be placed on the inactive status list maintained by the board.  The

17-18    person must apply for inactive status before the expiration of the

17-19    person's certificate.  A person on inactive status is not required

17-20    to pay an annual renewal fee.

17-21          (b)  If a person on inactive status desires to renew active

17-22    status, the person shall notify the board in writing.  The board

17-23    shall remove the person from the inactive status list on payment of

17-24    an administrative fee and on compliance with educational or other

17-25    requirements set by board rule.

 18-1                    ARTICLE 4.  ENFORCEMENT PROVISIONS

 18-2          SECTION 4.01.  DENIAL, SUSPENSION, OR REVOCATION OF

 18-3    CERTIFICATE.  The board may deny, suspend, probate, or revoke a

 18-4    certificate or otherwise discipline a certificate holder if the

 18-5    applicant for certification or the certificate holder has:

 18-6                (1)  been convicted of a felony or a misdemeanor

 18-7    involving moral turpitude;

 18-8                (2)  obtained or attempted to obtain a certificate by

 18-9    fraud or deception;

18-10                (3)  used drugs or alcohol to an extent that affects

18-11    professional competence;

18-12                (4)  been grossly negligent in performing professional

18-13    duties;

18-14                (5)  been adjudicated mentally incompetent by a court

18-15    of competent jurisdiction;

18-16                (6)  practiced in a manner detrimental to the public

18-17    health or welfare;

18-18                (7)  advertised in a manner that tends to deceive or

18-19    defraud the public;

18-20                (8)  had a license or certificate revoked by a

18-21    licensing agency or a professional certifying organization; or

18-22                (9)  otherwise violated this Act or a rule or the code

18-23    of ethics adopted under this Act.

18-24          SECTION 4.02.  INJUNCTION.  (a)  The board or department may

18-25    bring an action to enjoin a violation of this Act.  The action may

18-26    be brought in Travis County, in the county of the defendant's

18-27    residence, or in the county where any part of the violation

 19-1    occurred.

 19-2          (b)  An action brought under this section is in addition to

 19-3    any other action, proceeding, or remedy authorized by law.

 19-4          (c)  The board or department shall be represented in a

 19-5    proceeding under this section by the attorney general or the

 19-6    appropriate county or district attorney.

 19-7          SECTION 4.03.  PENALTY.  A person, other than a person who is

 19-8    exempt under Section 3.03 of this Act, commits an offense if the

 19-9    person intentionally or knowingly violates Section 3.01 of this

19-10    Act.

19-11             ARTICLE 5.  EFFECTIVE DATE; TRANSITION; EMERGENCY

19-12          SECTION 5.01.  EFFECTIVE DATE.  (a)  Except as provided by

19-13    Subsection (b) of this section, this Act takes effect September 1,

19-14    1997.

19-15          (b)  Sections 3.01 and 4.03 of this Act take effect September

19-16    1, 1999.

19-17          SECTION 5.02.  TRANSITION.  (a)  The board and the board of

19-18    health shall adopt rules under this Act not later than January 1,

19-19    1998.

19-20          (b)  A person actively engaged in the practice of sociology

19-21    consistent with applicable law on or before January 1, 1997, is

19-22    entitled to receive a certificate as a certified sociological

19-23    practitioner without an examination if the person applies on or

19-24    before September 1, 1999, and presents evidence satisfactory to the

19-25    board that the person meets one of the following requirements:

19-26                (1)  the person, as of the effective date of this Act,

19-27    has been practicing as a sociologist since January 1, 1993;

 20-1                (2)  the person has at least one year's experience as a

 20-2    practicing sociologist;

 20-3                (3)  the person has accumulated 250 hours of experience

 20-4    in utilizing sociological concepts and interventions; or

 20-5                (4)  the person has successfully completed a sociology

 20-6    education program approved by the board for the certified

 20-7    sociological practitioner.

 20-8          (c)  A person actively engaged in the practice of sociology

 20-9    consistent with applicable law on or before January 1, 1997, is

20-10    entitled to receive a certificate as a certified professional

20-11    sociological practitioner without an examination if the person

20-12    applies on or before September 1, 1999, and presents evidence

20-13    satisfactory to the board that the person meets one of the

20-14    following requirements:

20-15                (1)  the person, as of the effective date of this Act,

20-16    has been practicing as a sociologist since January 1, 1993;

20-17                (2)  the person has at least three years' experience as

20-18    a practicing sociologist;

20-19                (3)  the person has accumulated 2,000 hours of

20-20    experience in utilizing sociological concepts and interventions;

20-21    or

20-22                (4)  the person has successfully completed a sociology

20-23    education program approved by the board for the certified

20-24    professional sociological practitioner.

20-25          (d)  A sociologist member of the board:

20-26                (1)  is not required to be certified at the time of the

20-27    member's appointment to the board if the member was appointed to

 21-1    the board before January 1, 1999; or

 21-2                (2)  is not required to be certified under this Act for

 21-3    three years or more after the date of the member's appointment to

 21-4    the board if the member was appointed to the board before September

 21-5    1, 2001.

 21-6          (e)  In making the initial appointments to the board, the

 21-7    governor shall appoint:

 21-8                (1)  one member engaged in the practice of sociology,

 21-9    one public member, and one professional educator in sociology to

21-10    serve terms expiring February 1, 1999;

21-11                (2)  one member engaged in the practice of sociology,

21-12    one public member, and one professional educator in sociology to

21-13    serve terms expiring February 1, 2001; and

21-14                (3)  one member engaged in the practice of sociology,

21-15    one public member, and one professional educator in sociology to

21-16    serve terms expiring February 1, 2003.

21-17          (f)  The requirement under Section 3.04(c) of this Act that

21-18    an applicant for certification have experience supervised by a

21-19    certified professional sociological practitioner takes effect

21-20    September 1, 1999.  Before that date, the experience must be

21-21    supervised in a manner acceptable to the board.

21-22          SECTION 5.03.  EMERGENCY.  The importance of this legislation

21-23    and the crowded condition of the calendars in both houses create an

21-24    emergency and an imperative public necessity that the

21-25    constitutional rule requiring bills to be read on three several

21-26    days in each house be suspended, and this rule is hereby suspended.