By Goolsby H.B. No. 744
75R2962 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of geologists and geophysicists;
1-3 providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Geologist and Geophysicist Registration Act.
1-7 SECTION 2. PURPOSE. In order to safeguard the interests of
1-8 the citizens of this state, to promote the public welfare, and to
1-9 protect the environment, the public practice of geology and
1-10 geophysics in this state is declared to be subject to regulation in
1-11 the public interest.
1-12 SECTION 3. DEFINITIONS. In this Act:
1-13 (1) "Board" means the Board of Registration for
1-14 Geologists and Geophysicists.
1-15 (2) "Board certified specialty geologist" means a
1-16 registered geologist who has met the academic and experience
1-17 qualifications in a specialty of geology established under this Act
1-18 and has been certified in that specialty by the board.
1-19 (3) "Board certified specialty geophysicist" means a
1-20 registered geophysicist who has met the academic and experience
1-21 qualifications in a specialty of geophysics established under this
1-22 Act and has been certified in that specialty by the board.
1-23 (4) "Certified geologist" means a geologist who has
1-24 been certified by a professional geological organization, society,
2-1 or association that has certification requirements that have been
2-2 recognized by the board.
2-3 (5) "Certified geophysicist" means a geophysicist who
2-4 has been certified by a professional geophysical organization,
2-5 society, or association that has certification requirements that
2-6 have been recognized by the board.
2-7 (6) "Geological subordinate" means a person who
2-8 assists in the practice of geology, or an exempt person practicing
2-9 geology, without assuming the responsible charge of the work.
2-10 (7) "Geologist" means a person qualified to engage in
2-11 the practice of geology by reason of the person's knowledge of
2-12 geology, mathematics, and the supporting physical and life
2-13 sciences, acquired through education and practical experience.
2-14 (8) "Geology" means the science of the earth and its
2-15 origin and history, the investigation of the earth's constituent
2-16 rocks, minerals, fossil fuels, solids, and fluids, and the study of
2-17 the natural agents, forces, and processes that cause changes in and
2-18 on the earth.
2-19 (9) "Geophysical subordinate" means a person who
2-20 assists in the practice of geophysics, or an exempt person
2-21 practicing geophysics, without assuming the responsible charge of
2-22 the work.
2-23 (10) "Geophysicist" means a person qualified to engage
2-24 in the practice of geophysics by reason of the person's knowledge
2-25 of geophysics, mathematics, physics, and the supporting physical
2-26 and life sciences, acquired through education and practical
2-27 experience.
3-1 (11) "Geophysics" means the science of the study of
3-2 the physical earth by means of measuring its natural and induced
3-3 fields of force, including electricity, gravity, and magnetism, and
3-4 its responses to natural and induced energy and the interpretation
3-5 of these measurements, and relating these measurements to the
3-6 physics of the earth.
3-7 (12) "Public practice of geology" means the
3-8 performance before the public of geological services or work,
3-9 including consulting, investigating, evaluating, planning, mapping,
3-10 and inspecting geological work, and the responsible supervision of
3-11 those tasks.
3-12 (13) "Public practice of geophysics" means the
3-13 performance before the public of geophysical services or work,
3-14 including consulting, investigating, evaluating, planning, mapping,
3-15 and inspecting geophysical work, and the responsible supervision of
3-16 those tasks.
3-17 (14) "Registered geologist" means a geologist who has
3-18 met the academic and experience qualifications of this Act and who
3-19 has been issued a certificate of registration as a registered
3-20 "Professional Geologist" by the board.
3-21 (15) "Registered geophysicist" means a geophysicist
3-22 who has met the academic and experience qualifications of this Act
3-23 and who has been issued a certificate of registration as a
3-24 registered "Professional Geophysicist" by the board.
3-25 (16) "Responsible charge" means the independent
3-26 control and direction of geological or geophysical work or the
3-27 supervision of geological or geophysical work by the use of
4-1 initiative, skill, and independent judgment.
4-2 (17) "Specialty" means a branch of geology or
4-3 geophysics that has been recognized by the board for specialty
4-4 certification.
4-5 (18) "Practice of specialty geology" means the
4-6 performance before the public of geological services or work,
4-7 including consulting, investigating, evaluating, planning, mapping,
4-8 and inspecting geological work, and the responsible supervision of
4-9 those tasks in commonly recognized specialty geological practices,
4-10 including engineering geology, hydrogeology, and environmental
4-11 geology.
4-12 (19) "Practice of specialty geophysics" means the
4-13 performance before the public of geophysical services or work,
4-14 including consulting, investigating, evaluating, planning, mapping,
4-15 and inspecting geophysical work, and the responsible supervision of
4-16 those tasks in commonly recognized specialty geophysical practices,
4-17 including engineering geophysics, hydrogeophysics, and
4-18 environmental geophysics.
4-19 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS AND
4-20 GEOPHYSICISTS. (a) The Board of Registration for Geologists and
4-21 Geophysicists is created to administer the provisions of this Act.
4-22 (b) The board is composed of six members appointed by the
4-23 governor with the advice and consent of the senate.
4-24 (c) Four members of the board must be geologists registered
4-25 under this Act, one of whom must be board certified in a specialty
4-26 of geology recognized under this Act. One member of the board must
4-27 be a geophysicist registered under this Act. To the extent
5-1 possible, the composition of the geologists and geophysicists
5-2 serving on the board must be representative of the occupational
5-3 distribution of geologists and geophysicists registered under this
5-4 Act.
5-5 (d) One member of the board must be a member of the general
5-6 public.
5-7 (e) A member of the board must be a citizen of the United
5-8 States, must have been a resident of this state for at least three
5-9 years preceding appointment, and must be at least 25 years of age.
5-10 (f) Members of the board serve staggered six-year terms,
5-11 with the terms of two members expiring February 1 of each
5-12 odd-numbered year.
5-13 (g) A member of the board may not serve more than two
5-14 consecutive full terms.
5-15 SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. A person is
5-16 not eligible for appointment as a public member of the board if the
5-17 person or the person's spouse:
5-18 (1) is registered, certified, or licensed by an
5-19 occupational regulatory agency in the practice of geology or
5-20 geophysics;
5-21 (2) is employed by or participates in the management
5-22 of a business entity or other organization regulated by the board
5-23 or receiving funds from the board;
5-24 (3) owns or controls, directly or indirectly, more
5-25 than a 10 percent interest in a business entity or other
5-26 organization regulated by the board or receiving funds from the
5-27 board; or
6-1 (4) uses or receives a substantial amount of tangible
6-2 goods, services, or funds from the board, other than compensation
6-3 or reimbursement authorized by law for board membership,
6-4 attendance, or expenses.
6-5 SECTION 6. CONFLICTS OF INTEREST. (a) An officer,
6-6 employee, or paid consultant of any society or trade association in
6-7 the field of geology or geophysics may not be a member of the board
6-8 or employee of the board who is exempt from the state's position
6-9 classification plan or is compensated at or above the amount
6-10 prescribed by the General Appropriations Act for step 1, salary
6-11 group 17, of the position classification salary schedule.
6-12 (b) A person who is the spouse of an officer, employee, or
6-13 paid consultant of a society or trade association in the practice
6-14 of geology or geophysics may not be a member of the board and may
6-15 not be an employee of the board who is exempt from the state's
6-16 position classification plan or is compensated at or above the
6-17 amount prescribed by the General Appropriations Act for step 1,
6-18 salary group 17, of the position classification salary schedule.
6-19 (c) For the purposes of this section, a society or trade
6-20 association is a cooperative and voluntarily joined society or
6-21 association of business or professional competitors designed to
6-22 assist its members and its industry or profession in dealing with
6-23 mutual business or professional problems and in promoting their
6-24 common interest.
6-25 SECTION 7. LOBBYIST RESTRICTION. A person may not serve as
6-26 a member of the board or act as the general counsel to the board if
6-27 the person is required to register as a lobbyist under Chapter 305,
7-1 Government Code, because of the person's activities for
7-2 compensation on behalf of a profession related to the operation of
7-3 the board.
7-4 SECTION 8. REMOVAL FROM BOARD. It is a ground for removal
7-5 from the board if:
7-6 (1) the member is no longer qualified for appointment
7-7 to the board;
7-8 (2) the member engages in misconduct, is determined to
7-9 be incompetent, neglects the member's official duties, or engages
7-10 in malfeasance;
7-11 (3) the member commits a felony or a violation of this
7-12 Act resulting in disciplinary action;
7-13 (4) the member fails without excuse to attend at least
7-14 half of the regularly scheduled meetings held in a calendar year
7-15 while the member is a member of the board; or
7-16 (5) other good and sufficient cause for removal
7-17 exists.
7-18 SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC
7-19 PARTICIPATION. (a) The board is subject to Chapters 551 and 2001,
7-20 Government Code.
7-21 (b) The board shall develop and implement policies that
7-22 provide the public with a reasonable opportunity to appear before
7-23 the board and to speak on any issue under the jurisdiction of the
7-24 board.
7-25 SECTION 10. VACANCY. If a vacancy on the board occurs, the
7-26 governor shall appoint a member to fill the unexpired term as
7-27 provided by this Act.
8-1 SECTION 11. COMPENSATION. A member of the board is entitled
8-2 to a per diem as set by the legislature for each day that the
8-3 member engages in the business of the board. A member of the board
8-4 is entitled to reimbursement for transportation and other expenses
8-5 incurred in connection with the business of the board.
8-6 SECTION 12. IMMUNITY FROM CIVIL LIABILITY. A member or
8-7 former member of the board or an agent, employee, or member of any
8-8 advisory committee appointed by the board under this Act is immune
8-9 from civil liability for any act or omission that occurred in the
8-10 person's official capacity. The attorney general shall defend a
8-11 person immune under this section in an action brought against the
8-12 board or the person for an alleged act or omission by the person.
8-13 SECTION 13. MEETINGS; OFFICERS OF BOARD. (a) The board
8-14 shall hold two or more regular meetings in each calendar year. A
8-15 special meeting may be held at a time permitted by rule of the
8-16 board.
8-17 (b) The board shall elect annually from its own membership a
8-18 chair, vice chair, and secretary-treasurer, none of whom may hold
8-19 office for more than two consecutive one-year terms. The board may
8-20 appoint an assistant secretary and other assistant officers who are
8-21 not members of the board to assist the board and exercise its
8-22 authority in carrying out its duties and responsibilities.
8-23 (c) A majority of the board constitutes a quorum.
8-24 (d) Minutes of each meeting of the board, recording the
8-25 members present and the business conducted, shall be signed and
8-26 kept by the secretary-treasurer or an assistant secretary appointed
8-27 by the board.
9-1 SECTION 14. POWERS AND DUTIES OF BOARD. (a) The board may:
9-2 (1) adopt and enforce rules consistent with this Act
9-3 and necessary for the performance of its duties;
9-4 (2) set reasonable and necessary fees to be charged
9-5 applicants and registrants under this Act; and
9-6 (3) recognize and establish specialty branches of
9-7 geological and geophysical practice and establish qualifications,
9-8 conduct examinations, and certify specialties for qualified
9-9 applicants.
9-10 (b) The board may prepare, administer, and grade oral and
9-11 written examinations required or permitted under this Act. The
9-12 board may adopt or recognize, in part or in whole, examinations
9-13 prepared, administered, or graded by other organizations, on a
9-14 regional or national basis, that the board determines appropriate
9-15 to measure the qualifications of an applicant for registration as a
9-16 geologist or geophysicist or certification in a specialty of
9-17 geology or geophysics if:
9-18 (1) the examination questions, the correct answers,
9-19 and an individual applicant's completed examination are available
9-20 to the board; and
9-21 (2) the board retains the authority to determine a
9-22 passing grade for registration in this state.
9-23 (c) The board shall issue, renew, and reinstate certificates
9-24 of registration as provided by this Act. As a condition for
9-25 renewal of registration, the board may require evidence of the
9-26 competence of an applicant for renewal by requiring the applicant
9-27 to participate in continuing professional education on a periodic
10-1 or other basis. As a condition for reinstatement, the board may
10-2 require evidence of the competence of an applicant for
10-3 reinstatement in the practice of geology or geophysics by reviewing
10-4 the applicant's qualifications and experience, by requiring
10-5 continuing professional education, by conducting a reexamination on
10-6 a periodic or other basis, or by other appropriate means.
10-7 (d) The board, by rule, shall adopt a code of professional
10-8 conduct that is binding on all registrants under this Act. The
10-9 board may enforce the code by imposing sanctions as provided by
10-10 this Act.
10-11 (e) The board shall investigate all complaints of violations
10-12 of this Act as provided by this Act.
10-13 (f) The board may refuse to issue or renew or may suspend or
10-14 revoke a certificate of registration and may impose sanctions,
10-15 including restrictions on the practice of a registrant or a person,
10-16 firm, or corporation practicing under this Act for a violation of
10-17 this Act or a rule adopted under this Act.
10-18 (g) The board may administer oaths and affirmations and
10-19 issue subpoenas to compel the attendance of witnesses and the
10-20 production of evidence.
10-21 (h) The board may issue cease and desist orders and seek
10-22 injunctions against a violation of this Act or a rule adopted under
10-23 this Act.
10-24 (i) The board, by rule, shall recognize the use of the
10-25 designations "Certified Geologist" or "Certified Geophysicist" or
10-26 any similar designation used by a professional geological or
10-27 geophysical organization, society, or association recognized by the
11-1 board, if:
11-2 (1) the organization's, society's, or association's
11-3 requirements for certification are comparable to the educational
11-4 and experience requirements of this Act and are otherwise
11-5 acceptable to the board;
11-6 (2) the full name or recognized abbreviation of the
11-7 organization, society, or association granting the certification is
11-8 stated following or in conjunction with the use of the designation
11-9 or abbreviation; and
11-10 (3) the designation or abbreviation is not used in a
11-11 manner that is misleading or that creates an impression that the
11-12 person is licensed to practice geology or geophysics before the
11-13 public unless the person is registered under this Act.
11-14 (j) The board, by rule, shall recognize the use of the
11-15 designations "geological engineer," "geotechnical engineer,"
11-16 "hydraulic engineer," and "agricultural engineer" as legitimate
11-17 engineering titles separate from geology or geophysics or a
11-18 specialty of geology or geophysics and requiring registration as a
11-19 professional engineer.
11-20 (k) The board may enter into agreements with boards of
11-21 registration in other states and other appropriate organizations,
11-22 societies, associations, and agencies to develop uniform standards
11-23 for:
11-24 (1) the registration of geologists and geophysicists;
11-25 (2) accrediting educational programs;
11-26 (3) establishing reciprocity and temporary
11-27 registrations;
12-1 (4) developing regional or national examinations;
12-2 (5) evaluating applicants; and
12-3 (6) other purposes consistent with this Act.
12-4 (l) The board may appoint committees, employ personnel,
12-5 employ contractors and consultants, lease or purchase furnishings,
12-6 equipment, and supplies, lease office space, and incur other
12-7 similar expenses in connection with the administration of this Act.
12-8 SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) The board
12-9 shall appoint an executive director, who shall be responsible for
12-10 managing the day-to-day affairs of the board, including:
12-11 (1) arranging for and supervising the necessary
12-12 support, secretarial, and clerical services;
12-13 (2) obtaining space for holding examinations,
12-14 meetings, and conferences;
12-15 (3) printing or purchasing examinations;
12-16 (4) printing and mailing forms, information, and
12-17 certificates;
12-18 (5) sending notices, collecting fees, and issuing
12-19 receipts;
12-20 (6) conducting the correspondence of the board,
12-21 including replying to routine requests for information;
12-22 (7) maintaining the minutes and records of the board;
12-23 (8) keeping records of receipts and disbursements; and
12-24 (9) providing necessary investigative services.
12-25 (b) The board shall maintain an official office and address
12-26 within the city of Austin to conduct its business.
12-27 SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
13-1 executive director shall receive, administer, and account for all
13-2 money received under this Act and shall transfer the funds to the
13-3 comptroller.
13-4 (b) All funds paid to the board under this Act shall be
13-5 deposited in a special fund, known as the "geologists and
13-6 geophysicists fund." The geologists and geophysicists fund shall
13-7 be maintained in accordance with the accounting procedures of, and
13-8 shall be subject to audit by, the comptroller. Interest earned on
13-9 money deposited in the geologists and geophysicists fund shall be
13-10 credited to the geologists and geophysicists fund.
13-11 (c) All expenses incurred by the board in the administration
13-12 and enforcement of this Act shall be paid from the geologists and
13-13 geophysicists fund.
13-14 (d) The executive director shall file an annual report of
13-15 all receipts, expenditures, and fund balances with the comptroller.
13-16 SECTION 17. ROSTER AND SPECIALTIES LIST. (a) The board
13-17 shall maintain a roster stating the name and place of business of
13-18 each registered geologist and geophysicist and board certified
13-19 specialty geologist and geophysicist practicing under a certificate
13-20 of registration issued by the board. Copies of the roster shall be
13-21 kept on file with the board and shall be furnished on request to a
13-22 state agency, a county or municipal clerk or building official, and
13-23 a registration or certificate holder. A copy of the roster shall
13-24 also be furnished to any person on written request, subject to
13-25 payment of a reasonable fee set by the board and any applicable
13-26 state taxes.
13-27 (b) The board shall maintain a list of recognized
14-1 specialties of geology and geophysics in which certification is
14-2 recognized by the board under this Act.
14-3 (c) The board shall maintain a list of each state,
14-4 territory, or possession of the United States, the District of
14-5 Columbia, and each foreign country in which the requirements and
14-6 qualifications for registration are comparable to those established
14-7 in this state and with which a reciprocity agreement exists.
14-8 SECTION 18. REGISTRATION REQUIRED. (a) Unless exempted by
14-9 this Act, a person may not practice as a geologist or geophysicist
14-10 or engage in the public practice of geology or geophysics or a
14-11 specialty of geology or geophysics without a certificate of
14-12 registration issued under this Act.
14-13 (b) A person may not use the term "Professional Geologist"
14-14 or "registered geologist" or "Professional Geophysicist" or
14-15 "registered geophysicist," claim to have a specialty in geology or
14-16 geophysics as part of a professional, business, or commercial
14-17 identification or title, or otherwise hold out to the public that
14-18 the person is qualified to practice as a geologist or geophysicist
14-19 or to engage in the practice of geology or geophysics or a
14-20 specialty of geology or geophysics unless the person is registered
14-21 under this Act.
14-22 (c) A person may not prepare or supervise the preparation of
14-23 a geological or geophysical report or a geological or geophysical
14-24 portion of a report required by municipal or county ordinance,
14-25 state or federal law, state agency rule, or federal regulation that
14-26 incorporates or is based on a geological or geophysical study or
14-27 geological or geophysical data unless the person is registered as a
15-1 geologist or geophysicist under this Act.
15-2 (d) The state or a political subdivision of the state may
15-3 not contract for geological or geophysical services with a person
15-4 other than a person registered under this Act or with a business
15-5 entity other than a business entity that employs geologists or
15-6 geophysicists registered under this Act who shall be responsible
15-7 for the geological or geophysical work performed by the business
15-8 entity.
15-9 SECTION 19. APPLICATION REQUIREMENTS. (a) An applicant for
15-10 registration as a geologist or geophysicist, for certification in a
15-11 specialty of geology or geophysics, or for temporary or reciprocal
15-12 registration must apply on a form prescribed by the board that is
15-13 signed and sworn to by the applicant before a notary public.
15-14 (b) An application must be accompanied by the appropriate
15-15 application fee and include:
15-16 (1) information concerning the applicant's education;
15-17 (2) a detailed summary of the applicant's geological
15-18 or geophysical work experience, including work in a specialty in
15-19 which the applicant seeks certification;
15-20 (3) a signed statement that the applicant has read and
15-21 will comply with the code of professional conduct; and
15-22 (4) not fewer than five reference letters, of which
15-23 not fewer than three are from geologists or geophysicists having
15-24 personal knowledge of the applicant's geological or geophysical
15-25 experience.
15-26 (c) An applicant must pay a fee for application,
15-27 examination, registration, and renewal of a certificate of
16-1 registration, in addition to any other fee required by the board.
16-2 SECTION 20. GEOLOGIST REGISTRATION REQUIREMENTS. To be
16-3 registered as a geologist, an applicant must:
16-4 (1) be of good moral and ethical character as attested
16-5 to by letters of reference submitted on behalf of the applicant or
16-6 as otherwise determined by the board;
16-7 (2) have graduated from a course of study in geology
16-8 or geoscience satisfactory to the board or from a program
16-9 accredited by an organization recognized by the board, of four or
16-10 more years' duration and including at least 30 semester or 45
16-11 quarter hours of credit, with a major in geology or geoscience or a
16-12 geological specialty, or have satisfactorily completed other
16-13 equivalent educational requirements as determined by the board;
16-14 (3) have a documented record of a minimum of four
16-15 years of satisfactory work experience in geology or a specialty of
16-16 geology obtained after completing the academic requirements of a
16-17 bachelor of science degree from an approved or accredited college
16-18 or university or have a documented record of not less than six
16-19 years of satisfactory work experience in geology or a specialty of
16-20 geology obtained after completing the academic requirements of a
16-21 bachelor of arts degree from an approved or accredited college or
16-22 university that demonstrates that the applicant is qualified to
16-23 assume responsible charge for geological work on registration as a
16-24 geologist, two years of which work experience may be required by
16-25 the board to have been gained under the supervision of a geologist
16-26 registered in this state or another state or gained under the
16-27 supervision of another person who, in the opinion of the board, is
17-1 qualified to have responsible charge of geological work;
17-2 (4) have passed an examination covering the
17-3 fundamentals and practice of geology required by the board; and
17-4 (5) meet other general or individual requirements
17-5 established by the board under this Act.
17-6 SECTION 21. GEOPHYSICIST REGISTRATION REQUIREMENTS. To be
17-7 registered as a geophysicist, an applicant must:
17-8 (1) be of good moral and ethical character as attested
17-9 to by letters of reference submitted on behalf of the applicant or
17-10 as otherwise determined by the board;
17-11 (2) have graduated from a course of study in
17-12 geophysics, geophysical science, or another discipline that in the
17-13 board's opinion is relevant to geophysics or from a program
17-14 accredited by an organization recognized by the board, of four or
17-15 more years' duration and including at least 30 semester or 45
17-16 quarter hours of credit, with a major in geophysics or geoscience
17-17 or a geophysical specialty, or have satisfactorily completed other
17-18 equivalent educational requirements as determined by the board;
17-19 (3) have a documented record of a minimum of four
17-20 years of satisfactory work experience in geophysics or a specialty
17-21 of geophysics obtained after completing the academic requirements
17-22 of a bachelor of science degree from an approved or accredited
17-23 institution of higher learning or have a documented record of not
17-24 less than six years of satisfactory work experience in geophysics
17-25 or a specialty of geophysics obtained after completing the academic
17-26 requirements of a bachelor of arts degree from an approved or
17-27 accredited college or university that demonstrates that the
18-1 applicant is qualified to assume responsible charge for geophysical
18-2 work on registration as a geophysicist, two years of which work
18-3 experience may be required by the board to have been gained under
18-4 the supervision of a geophysicist registered in this state or
18-5 another state or gained under the supervision of another person
18-6 who, in the opinion of the board, is qualified to have responsible
18-7 charge of geophysical work;
18-8 (4) have passed an examination covering the
18-9 fundamentals and practice of geophysics required by the board; and
18-10 (5) meet other general or individual requirements
18-11 established by the board under this Act.
18-12 SECTION 22. REQUIREMENTS FOR GEOLOGICAL OR GEOPHYSICAL
18-13 SPECIALTY CERTIFICATION. An applicant for certification in a
18-14 geological or geophysical specialty must meet the following
18-15 requirements in addition to meeting the requirements of Section 20
18-16 or 21 of this Act, as appropriate:
18-17 (1) have successfully completed 12 semester or 16
18-18 quarter hours of advanced study in the specialty at an academic
18-19 institution acceptable to the board or completion of an equivalent
18-20 amount of professional experience acceptable to the board;
18-21 (2) have experience including a documented record of
18-22 six or more years of experience with not less than four years in
18-23 the specialty after completing the academic requirements of this
18-24 section in geological or geophysical work, as appropriate, of a
18-25 nature satisfactory to the board that demonstrates that the
18-26 applicant is qualified to assume responsible charge of the
18-27 specialty work on certification in the specialty and not less than
19-1 two years of the experience gained under the supervision of a
19-2 geologist or geophysicist certified in the specialty in this state
19-3 or another state or under the supervision of another person whom
19-4 the board determines to be qualified to have responsible charge of
19-5 geological or geophysical work in the specialty or, as an
19-6 alternative to the two years of experience under the supervision of
19-7 a geologist or geophysicist certified in the specialty, the board
19-8 may accept three reference letters from board certified specialty
19-9 geologists or geophysicists in the specialty; and
19-10 (3) have passed an examination required by the board
19-11 in the specialty.
19-12 SECTION 23. QUALIFYING EXPERIENCE. The following standards
19-13 shall be applied in evaluating the experience of an applicant for
19-14 registration in the practice of geology or geophysics or for a
19-15 specialty certification under Sections 20, 21, and 22 of this Act:
19-16 (1) each year of professional practice acceptable to
19-17 the board, under the direct supervision of a geologist or
19-18 geophysicist, as appropriate, who is registered in this state or in
19-19 another state under requirements for registration that are
19-20 comparable to those in this Act or under the direct supervision of
19-21 a geologist or geophysicist, as appropriate, who meets the
19-22 educational and experience requirements for registration but is not
19-23 required to be registered under this Act constitutes one year of
19-24 professional experience in geology or geophysics;
19-25 (2) each year of professional specialty geological or
19-26 geophysical practice acceptable to the board under the direct
19-27 supervision of a specialty geologist or specialty geophysicist who
20-1 is certified in the specialty under this Act or who is registered
20-2 or certified as a specialty geologist or specialty geophysicist
20-3 under comparable requirements in another state, under a civil
20-4 engineer or geological engineer registered in this state or another
20-5 state, or under a specialty geologist or specialty geophysicist who
20-6 meets the educational and experience requirements for registration
20-7 but is not required to be registered under this Act constitutes
20-8 one year of practice in a specialty in geology or geophysics; and
20-9 (3) a year of experience in professional practice
20-10 acceptable to the board and acquired before September 1, 1998,
20-11 constitutes one year of experience in professional practice if the
20-12 experience:
20-13 (A) was acquired under the direct supervision of
20-14 a geologist or geophysicist, as appropriate, who meets the
20-15 educational and experience requirements for registration under this
20-16 Act or is registered under comparable requirements in another
20-17 state; or
20-18 (B) would constitute the responsible charge of
20-19 professional work in geology or geophysics, as appropriate, as
20-20 determined by the board.
20-21 SECTION 24. GRADUATE STUDY, RESEARCH, AND TEACHING
20-22 EXPERIENCE. (a) Each year of full-time graduate study in the
20-23 geological or geophysical sciences or in a specialty of geology or
20-24 geophysics that is acceptable to the board constitutes one year of
20-25 professional experience in geology or geophysics or the applicable
20-26 specialty of geology or geophysics. Not more than two years of
20-27 full-time graduate study may be accepted by the board for
21-1 professional experience for a single applicant.
21-2 (b) The board may accept geological or geophysical research
21-3 or teaching by a person studying geology or geophysics or a
21-4 geological or geophysical specialty at the college or university
21-5 level as qualifying experience if the research or teaching, in the
21-6 judgment of the board, is comparable to experience obtained in the
21-7 practice of geology or geophysics or a specialty of geology or
21-8 geophysics.
21-9 SECTION 25. REGISTRATION WITHOUT EXAMINATION. (a) The
21-10 board shall adopt rules relating to the registration of a person
21-11 holding a valid certificate of registration or license for the
21-12 practice of geology or geophysics or a recognized specialty of
21-13 geology or geophysics issued under the law of another state or a
21-14 territory or possession of the United States, the District of
21-15 Columbia, or a foreign country, without meeting the examination
21-16 requirements of Section 20(4), 21(4), or 22(3) of this Act, as
21-17 applicable.
21-18 (b) The board may issue a certificate of registration to an
21-19 applicant who provides proof of registration or licensure under
21-20 requirements that the board determines to be substantially similar
21-21 to those established by this Act and who pays the required fees.
21-22 SECTION 26. TEMPORARY REGISTRATION. A person who is not a
21-23 resident of this state and does not have an established place of
21-24 business in this state who seeks to practice geology or geophysics
21-25 in this state for a time not to exceed 90 days after the date of
21-26 registration or an applicant for reciprocal registration who seeks
21-27 to practice geology or geophysics pending a determination on the
22-1 reciprocity application may be issued a temporary registration
22-2 certificate authorizing temporary practice in this state if the
22-3 person:
22-4 (1) applies for temporary registration to the board,
22-5 provides proof of registration in another state, the District of
22-6 Columbia, a territory or possession of the United States or a
22-7 foreign country, and pays the required fees;
22-8 (2) agrees to comply with the signature requirements
22-9 of Section 33(b) of this Act and to affix the person's seal from
22-10 the jurisdiction where the person is registered or licensed on all
22-11 work completed while practicing under the temporary registration;
22-12 and
22-13 (3) files the required information and reports and
22-14 complies with other requirements established by the board
22-15 concerning the person's temporary practice.
22-16 SECTION 27. WAIVER OF REQUIREMENTS. (a) In an individual
22-17 case, the board may waive any of the requirements for registration
22-18 by a two-thirds vote of the entire board, except for the payment of
22-19 a required fee, on the written request of the applicant and on a
22-20 showing of good cause if the board determines that the applicant is
22-21 otherwise qualified for registration as a geologist or geophysicist
22-22 or certification in a specialty of geology or geophysics.
22-23 (b) The requirements waived under this section and the basis
22-24 for the waiver must be recorded in the applicant's record and in
22-25 the proceedings of the board.
22-26 SECTION 28. DENIAL OF REGISTRATION. (a) The board may deny
22-27 registration for an applicant who fails to satisfy a requirement of
23-1 this Act or on a determination by the board that there is probable
23-2 cause to believe that an applicant has violated this Act or a
23-3 provision the registrant would be subject to in this Act or a
23-4 comparable provision in the registration law of another state.
23-5 (b) The board may not issue a certificate of registration
23-6 pending the disposition of a complaint alleging a violation in this
23-7 or another state if the board has notice of the alleged violation.
23-8 (c) An applicant who is denied registration must be notified
23-9 of the reason for denial in writing not later than the 30th day
23-10 after the date of the board's decision. Not later than the 30th
23-11 day after the date of receipt of the notice, the applicant may make
23-12 a written request for a hearing. In the absence of a request for a
23-13 hearing, the board's action is final.
23-14 SECTION 29. CONTINUING EDUCATION. To renew a registration
23-15 as a geologist or geophysicist or certification as a specialty
23-16 geologist or geophysicist, an applicant for renewal must meet the
23-17 continuing education requirements for renewal established by the
23-18 board.
23-19 SECTION 30. CERTIFICATES AND SEALS. (a) The board shall
23-20 issue an appropriate certificate of registration to a registered
23-21 geologist or geophysicist and a specialty certification to an
23-22 applicant who meets the requirements of this Act for registration
23-23 as a geologist or geophysicist or for board certification in a
23-24 specialty of geology or geophysics on payment of the applicable
23-25 registration fee.
23-26 (b) The certificate must show the full name of the
23-27 registrant, have a serial number, and be signed by an appropriate
24-1 officer of the board under the board's seal.
24-2 (c) The issuance by the board of a certificate of
24-3 registration is prima facie evidence that while the certificate is
24-4 valid the person named on the certificate is entitled to all rights
24-5 and privileges of a registered geologist or geophysicist or a board
24-6 certified specialty geologist or geophysicist and is entitled to
24-7 practice geology or geophysics as a firm or corporation.
24-8 (d) A certificate and seal issued to a holder of a specialty
24-9 certificate must:
24-10 (1) clearly identify the specialty certification; and
24-11 (2) be distinct from a certificate and seal issued to
24-12 a holder of a certificate who does not have a specialty
24-13 certificate.
24-14 SECTION 31. REGISTRATION DURATION; EXPIRATION. (a) A
24-15 certificate of registration is valid for a period not to exceed
24-16 three years and expires according to a schedule established by the
24-17 board.
24-18 (b) The board shall notify each certificate holder of the
24-19 date of expiration of the person's certificate and the amount of
24-20 the fee required for renewal not later than the 60th day before the
24-21 date of expiration.
24-22 (c) On expiration, a certificate is invalid and may not be
24-23 renewed except as provided by this Act.
24-24 SECTION 32. REGISTRATION RENEWAL. (a) The board shall
24-25 renew or reissue a certificate of registration for a registrant who
24-26 before the expiration date of the certificate or within a period
24-27 not to exceed 60 days after the expiration as determined by the
25-1 board:
25-2 (1) submits the required renewal application and fee
25-3 and a penalty for late renewal if required; and
25-4 (2) meets the requirements for renewal established by
25-5 the board.
25-6 (b) The board, by rule, may establish conditions and fees
25-7 for the reissuance of certificates of registration that have
25-8 lapsed, expired, or been suspended or revoked.
25-9 (c) The board shall reissue a new certificate to replace any
25-10 certificate of registration that has been lost, destroyed, or
25-11 mutilated, subject to the rules and fees adopted by the board.
25-12 SECTION 33. REGISTRANT'S SEAL. (a) On registration, a
25-13 registrant must obtain a seal of a design established by the board
25-14 bearing the registrant's name, registration or certification
25-15 number, the words "Professional Geologist" or "Professional
25-16 Geophysicist," and words that indicate any specialty in which the
25-17 individual may be certified.
25-18 (b) Geological and geophysical reports, documents, and other
25-19 records as defined by the board that are offered to the public and
25-20 prepared or issued by or under the supervision of a registered
25-21 geologist or geophysicist or by a subordinate under the supervision
25-22 of a registered geologist or geophysicist must include the full
25-23 name, signature, and registration number of the registrant who
25-24 prepared the document or under whose supervision it was prepared
25-25 and an impression of the registrant's seal in accordance with rules
25-26 adopted by the board. Documents that are required to be prepared
25-27 or issued by or under the direction of a geologist or geophysicist
26-1 certified in a specialty must be similarly signed and sealed.
26-2 SECTION 34. EXEMPTIONS; APPLICATION OF ACT. (a) The
26-3 following activities do not require registration under this Act:
26-4 (1) geological or geophysical work performed by an
26-5 employee or a subordinate of a registrant under this Act, if the
26-6 work does not include the responsible charge of geological or
26-7 geophysical work and is performed under the direct supervision of a
26-8 registered geologist or geophysicist who is responsible for the
26-9 work;
26-10 (2) geological or geophysical work performed by an
26-11 officer or employee of the United States practicing solely as such
26-12 an officer or employee;
26-13 (3) geological or geophysical work performed
26-14 exclusively in exploring for and developing energy resources, base
26-15 metals, precious and nonprecious minerals, including sand, gravel,
26-16 and aggregate, if the work is done in and for the benefit of
26-17 private industry;
26-18 (4) geological or geophysical research conducted
26-19 through an academic institution, a state or federal governmental
26-20 agency, a nonprofit research institution, or a for-profit
26-21 organization that includes submitting a report on the research to a
26-22 public agency unless the work is covered by Section 18(c) of this
26-23 Act;
26-24 (5) teaching geology or geophysics or a related
26-25 physical or natural science except for teaching an advanced course
26-26 in geology or geophysics that may be intended to qualify as a
26-27 course requirement for specialty certification;
27-1 (6) work customarily performed by a physical or
27-2 natural scientist including a chemist, an archaeologist, a
27-3 geographer, an oceanographer, a pedologist, and a soil scientist
27-4 if the work does not include the planning and execution of a
27-5 geological or geophysical investigation or involve the scientist
27-6 being in responsible charge of geological or geophysical or
27-7 specialty geological or geophysical work or require drawing
27-8 geological or geophysical conclusions or making recommendations
27-9 that significantly affect the public health, safety, or welfare;
27-10 and
27-11 (7) testifying or preparing and presenting an exhibit
27-12 or document for the sole purpose of being placed in evidence before
27-13 an administrative or judicial tribunal or hearing, if the
27-14 testimony, exhibit, or document does not imply that the person is
27-15 registered under this Act.
27-16 (b) This Act does not permit the practice of engineering as
27-17 that practice is defined by The Texas Engineering Practice Act
27-18 (Article 3271a, Vernon's Texas Civil Statutes) by a registered
27-19 geologist or geophysicist or a certified specialty geologist or
27-20 geophysicist.
27-21 SECTION 35. PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
27-22 CORPORATION. (a) A firm or corporation may not engage in the
27-23 public practice of geology or geophysics or a specialty of geology
27-24 or geophysics, except for:
27-25 (1) geological or geophysical work performed by or
27-26 under the supervision of a geologist or geophysicist registered to
27-27 practice geology or geophysics or certified in an applicable
28-1 specialty of geology or geophysics who is in responsible charge of
28-2 the work and who signs and seals all documents as required by this
28-3 Act; and
28-4 (2) a firm or corporation the principal business of
28-5 which is the public practice of geology or geophysics as determined
28-6 by board rule if a principal of the firm or an officer or director
28-7 of the corporation is registered as a geologist or geophysicist and
28-8 has overall supervision and control of the geological or
28-9 geophysical work performed in this state.
28-10 (b) A firm or corporation permitted to engage in the public
28-11 practice of geology or geophysics or a specialty of geology or
28-12 geophysics is subject to the rules of the board that relate to the
28-13 practice of geology or geophysics or a specialty of geology or
28-14 geophysics by a firm or corporation.
28-15 (c) Except as provided by this section, a person, firm, or
28-16 corporation may not hold out to the public that the person, firm,
28-17 or corporation is a registered geologist or registered
28-18 geophysicist, board certified in a specialty of geology or
28-19 geophysics, or able to perform geological or geophysical services
28-20 or prepare a report or other document that requires the signature
28-21 and seal of a registrant under Sections 18(c) and 33(b) of this
28-22 Act.
28-23 SECTION 36. DISICIPLINARY ACTIONS. (a) The board may
28-24 revoke, suspend, or refuse to renew a registration, reprimand a
28-25 registrant, deny an application for registration, or probate any
28-26 suspension of a registrant or applicant determined by the board to
28-27 have engaged in:
29-1 (1) the practice of fraud or deceit in obtaining a
29-2 certificate of registration;
29-3 (2) gross negligence, incompetency, or misconduct in
29-4 the practice of geology or geophysics or a specialty of geology or
29-5 geophysics as a registered geologist or geophysicist;
29-6 (3) an act of retaliation by an applicant against an
29-7 individual who has served as a reference for that applicant; or
29-8 (4) a violation of this Act or board rule.
29-9 (b) A person whose registration is revoked by the board
29-10 under Subsection (a) of this section may file suit in the district
29-11 court of the county of the person's residence, or of the county in
29-12 which the action that was grounds for revocation took place, to
29-13 appeal the order of the board.
29-14 (c) If the board proposes to suspend or revoke a person's
29-15 certificate of registration, the person is entitled to a hearing
29-16 before the board. Proceedings for the suspension or revocation of
29-17 a certificate of registration are governed by Chapter 2001,
29-18 Government Code.
29-19 (d) The board may reissue a certificate of registration to a
29-20 person whose certificate has been revoked if five or more members
29-21 of the board vote in favor of the reissuance. A certificate of
29-22 registration, to replace any certificate revoked, lost, destroyed,
29-23 or mutilated, may be issued by the board.
29-24 SECTION 37. COMPLAINT INFORMATION. (a) The board shall
29-25 keep an information file about each complaint filed with the board
29-26 relating to a registrant.
29-27 (b) If a written complaint is filed with the board, the
30-1 board, at least as frequently as quarterly, shall notify the
30-2 parties to the complaint of the status of the complaint until final
30-3 disposition, unless the notification would jeopardize an undercover
30-4 investigation.
30-5 SECTION 38. CONSUMER INFORMATION. The board shall prepare
30-6 information of consumer interest describing the regulatory
30-7 functions of the board and describing the board's procedures by
30-8 which consumer complaints are filed with and resolved by the board.
30-9 The board shall make information available to the general public
30-10 and appropriate state agencies.
30-11 SECTION 39. VIOLATIONS; CRIMINAL PENALTIES. (a) A person
30-12 commits an offense if the person:
30-13 (1) practices or offers to practice the profession of
30-14 geology or geophysics in this state without being registered or
30-15 exempted from registration under this Act;
30-16 (2) presents or attempts to use the certificate of
30-17 registration or the seal of another;
30-18 (3) gives any false or forged evidence to the board or
30-19 to a member of the board in obtaining a certificate of
30-20 registration; or
30-21 (4) otherwise violates this Act.
30-22 (b) An offense under Subsection (a) is a Class A
30-23 misdemeanor.
30-24 (c) The board is charged with the enforcement of this Act.
30-25 Any member of the board may present to a prosecuting officer a
30-26 complaint relating to a violation of this Act. The board, through
30-27 its members, officers, counsel, or agents, may assist in the trial
31-1 of a case involving the violation of this Act, subject to the
31-2 control of the prosecuting officers.
31-3 (d) The attorney general shall act as legal advisor to the
31-4 board and shall render legal assistance as necessary in enforcing
31-5 this Act.
31-6 SECTION 40. TRANSITION. (a) An applicant who applies for
31-7 registration under this Act before September 1, 1998, may be
31-8 qualified for registration without written examination if the
31-9 applicant has:
31-10 (1) graduated from an accredited institution of higher
31-11 education acceptable to the board with a bachelor of science or
31-12 bachelor of arts or higher degree and a major in geology or
31-13 geoscience if the application is for a certificate of registration
31-14 as a geologist or a major in geophysics, geophysical science, or
31-15 another discipline the board determines to be relevant to
31-16 geophysics if the application is for a certificate of registration
31-17 as a geophysicist; or
31-18 (2) graduated from an accredited institution of higher
31-19 education in a four-year academic degree program other than
31-20 geology, geoscience, or geophysics, as appropriate, but has
31-21 completed the required number of course hours to qualify as a
31-22 geologist or geophysicist or in a specialty of geology or
31-23 geophysics and has experience consisting of not less than six years
31-24 of professional practice in geology or geophysics, as appropriate,
31-25 acceptable to the board completed before the date of application
31-26 for registration under this section.
31-27 (b) An applicant for certification in a specialty who
32-1 applies before the first anniversary of the date the board
32-2 officially recognizes the specialty under this Act may be qualified
32-3 for certification in that specialty without written examination if
32-4 the applicant:
32-5 (1) is registered under this Act as a geologist or
32-6 geophysicist in this state; and
32-7 (2) has experience consisting of not less than six
32-8 years of professional practice acceptable to the board in the
32-9 applicable specialty of geology or geophysics completed before the
32-10 date of application for certification in a specialty under this
32-11 section.
32-12 (c) An initial member of the board who is required to be a
32-13 registered geologist or geophysicist must be qualified for
32-14 registration or certification under Subsections (a) and (b) of this
32-15 section.
32-16 (d) The governor shall make the initial appointments to the
32-17 board before November 1, 1997. The board shall hold its first
32-18 meeting before January 1, 1998. The initial appointments to the
32-19 board shall be made as follows:
32-20 (1) two members shall be appointed for terms expiring
32-21 in 1999;
32-22 (2) two members shall be appointed for terms expiring
32-23 in 2001; and
32-24 (3) two members shall be appointed for terms expiring
32-25 in 2003.
32-26 (e) The board shall adopt rules under this Act not later
32-27 than November 30, 1998.
33-1 (f) A person is not required to obtain a license under this
33-2 Act until January 1, 1999.
33-3 SECTION 41. EFFECTIVE DATE. This Act takes effect September
33-4 1, 1997, except that Sections 18 and 39 take effect January 1,
33-5 1999.
33-6 SECTION 42. EMERGENCY. The importance of this legislation
33-7 and the crowded condition of the calendars in both houses create an
33-8 emergency and an imperative public necessity that the
33-9 constitutional rule requiring bills to be read on three several
33-10 days in each house be suspended, and this rule is hereby suspended.