By:  Brown                                             S.B. No. 486

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of geologists, geophysicists, and soil

 1-2     scientists; providing an administrative and a criminal penalty.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  SHORT TITLE.  This Act may be cited as the

 1-5     Geoscientist Licensing Act.

 1-6           SECTION 2.  PURPOSE.  In order to safeguard the interests of

 1-7     the citizens of this state, to promote the public welfare, and to

 1-8     protect the environment, the public practice of geology,

 1-9     geophysics, and soil science in this state is declared to be

1-10     subject to regulation in the public interest.

1-11           SECTION 3.  DEFINITIONS.  In this Act:

1-12                 (1)  "Board" means the Board of Licensure for

1-13     Geologists, Geophysicists, and Soil Scientists.

1-14                 (2)  "Board certified specialty geologist" means a

1-15     licensed professional geologist who has met the academic and

1-16     experience qualifications in a specialty of geology established

1-17     under this Act and has been certified in that specialty by the

1-18     board.

1-19                 (3)  "Board certified specialty geophysicist" means a

1-20     licensed professional geophysicist who has met the academic and

1-21     experience qualifications in a specialty of geophysics established

1-22     under this Act and has been certified in that specialty by the

1-23     board.

 2-1                 (4)  "Board certified specialty soil scientist" means a

 2-2     licensed professional soil scientist who has met the academic and

 2-3     experience qualifications in a specialty of soil science

 2-4     established under this Act and has been certified in that specialty

 2-5     by the board.

 2-6                 (5)  "Certified geologist" means a geologist who has

 2-7     been certified by a professional geological organization, society,

 2-8     or association that has certification requirements that have been

 2-9     recognized by the board, including the American Association of

2-10     Petroleum Geologists (AAPG), the American Institute of Professional

2-11     Geologists (AIPG), and the Society of Independent Professional

2-12     Earth Scientists (SIPES).

2-13                 (6)  "Certified geophysicist" means a geophysicist who

2-14     has been certified by a professional geophysical organization,

2-15     society, or association that has certification requirements that

2-16     have been recognized by the board.

2-17                 (7)  "Certified soil scientist" means a soil scientist

2-18     who has been certified by a professional soil science organization,

2-19     society, or association that has certification requirements that

2-20     have been recognized by the board, including the Soil Science

2-21     Society of America and the American Registry of Certified

2-22     Professionals in Agronomy, Crops, and Soils (ARCPACS).

2-23                 (8)  "Geological subordinate" means a person who

2-24     assists in the practice of geology, or an exempt person practicing

2-25     geology, without assuming the responsible charge of the work.

 3-1                 (9)  "Geologist" means a person qualified to engage in

 3-2     the practice of geology by reason of the person's knowledge of

 3-3     geology, mathematics, and the supporting physical and life

 3-4     sciences, acquired through education and practical experience.

 3-5                 (10)  "Geology" means the science of the earth and its

 3-6     origin and history, the investigation of the earth's constituent

 3-7     rocks, minerals, fossil fuels, solids, and fluids, and the study of

 3-8     the natural and introduced agents, forces, and processes that cause

 3-9     changes in and on the earth.

3-10                 (11)  "Geophysical subordinate" means a person who

3-11     assists in the practice of geophysics, or an exempt person

3-12     practicing geophysics, without assuming the responsible charge of

3-13     the work.

3-14                 (12)  "Geophysicist" means a person qualified to engage

3-15     in the practice of geophysics by reason of the person's knowledge

3-16     of geophysics, mathematics, physics, and the supporting physical

3-17     and life sciences, acquired through education and practical

3-18     experience.

3-19                 (13)  "Geophysics" means the science of the study of

3-20     the physical earth by means of measuring its natural and induced

3-21     fields of force, including electricity, gravity, and magnetism, and

3-22     its responses to natural and induced energy and the interpretation

3-23     of these measurements, and relating these measurements to the

3-24     physics of the earth.

3-25                 (14)  "Public practice of geology" means the

 4-1     performance before the public of geological services or work

 4-2     affecting the public health and safety, including consulting,

 4-3     investigating, evaluating, planning, mapping, and inspecting

 4-4     geological work, and the responsible supervision of those tasks.

 4-5                 (15)  "Public practice of geophysics" means the

 4-6     performance before the public of geophysical services or work

 4-7     affecting the public health and safety, including consulting,

 4-8     investigating, evaluating, planning, mapping, and inspecting

 4-9     geophysical work, and the responsible supervision of those tasks.

4-10                 (16)  "Public practice of soil science" means the

4-11     performance before the public of soil science services or work

4-12     affecting the public health and safety, including consulting,

4-13     investigating, evaluating, planning, mapping, and inspecting soil

4-14     science work, and the responsible supervision of those tasks.

4-15                 (17)  "Licensed professional geologist" means a

4-16     geologist who has met the academic and experience qualifications of

4-17     this Act and who has been issued a license as a licensed

4-18     professional geologist by the board.

4-19                 (18)  "Licensed professional geophysicist" means a

4-20     geophysicist who has met the academic and experience qualifications

4-21     of this Act and who has been issued a license as a licensed

4-22     professional geophysicist by the board.

4-23                 (19)  "Licensed professional soil scientist" means a

4-24     soil scientist who has met the academic and experience

4-25     qualifications of this Act and who has been issued a license as a

 5-1     licensed professional soil scientist by the board.

 5-2                 (20)  "Responsible charge" means the independent

 5-3     control and direction of geological, geophysical, or soil science

 5-4     work or the supervision of geological, geophysical, or soil science

 5-5     work by the use of initiative, skill, and independent judgment.

 5-6                 (21)  "Soil science" means the science of soils, their

 5-7     classification, origin, and history, the investigation of physical,

 5-8     chemical, mineralogical, morphological, and biological

 5-9     characteristics of soils, and the study of natural and introduced

5-10     agents, forces, and processes that cause changes in and on the

5-11     soil.

5-12                 (22)  "Soil science subordinate" means a person who

5-13     assists in the practice of soil science, or an exempt person

5-14     practicing soil science, without assuming the responsible charge of

5-15     the work.

5-16                 (23)  "Soil scientist" means a person qualified to

5-17     engage in the practice of soil science by reason of the person's

5-18     knowledge of soil science and the supporting chemical, physical,

5-19     and biological sciences acquired through education and practical

5-20     experience.

5-21                 (24)  "Geoscientist" means a person qualified to engage

5-22     in the practice in one of the collective disciplines of the

5-23     geological sciences, including geology, geophysics, and soil

5-24     science, and specialty practices of each.

5-25                 (25)  "Specialty" means a branch of geology,

 6-1     geophysics, or soil science that has been recognized by the board

 6-2     for specialty certification.

 6-3                 (26)  "Practice of specialty geology" means the

 6-4     performance before the public of geological services or work

 6-5     including consulting, investigating, evaluating, planning, mapping,

 6-6     and inspecting geological work and the responsible supervision of

 6-7     those tasks in the commonly recognized specialty geological

 6-8     practices, including engineering geology, hydrogeology, and

 6-9     environmental geology.

6-10                 (27)  "Practice of specialty geophysics" means the

6-11     performance before the public of geophysical services or work

6-12     including consulting, investigating, evaluating, planning, mapping,

6-13     and inspecting geophysical work and the responsible supervision of

6-14     those tasks in the commonly recognized specialty geophysical

6-15     practices, including engineering geophysics, hydrogeophysics, and

6-16     environmental geophysics.

6-17                 (28)  "Practice of specialty soil science" means the

6-18     performance before the public of soil science services or work

6-19     including consulting, investigating, evaluating, planning, mapping,

6-20     and inspecting soil science work and the responsible supervision of

6-21     those tasks in commonly recognized specialty soil science

6-22     practices, including soil survey, soil classification, and

6-23     environmental soil science.

6-24                 (29)  "Performance before the public" means:

6-25                       (A)  providing professional geological,

 7-1     geophysical, or soil science services:

 7-2                             (i)  to a governmental entity in the State

 7-3     of Texas;

 7-4                             (ii)  to comply with rules or regulations

 7-5     established by Texas governmental entities for the express purpose

 7-6     of protecting the health, safety, and welfare of the citizens of

 7-7     Texas; and

 7-8                             (iii)  to the public, firms, or

 7-9     corporations in Texas where the practitioner assumes the ultimate

7-10     liability for the work product.

7-11                       (B)  Performance before the public does not

7-12     include services provided for the express use of a corporation or

7-13     firm by an employee or consultant where the corporation or firm

7-14     assumes the ultimate liability for the work product.

7-15           SECTION 4.  BOARD OF LICENSURE FOR GEOLOGISTS, GEOPHYSICISTS,

7-16     AND SOIL SCIENTISTS.  (a)  The Board of Licensure for Geologists,

7-17     Geophysicists, and Soil Scientists is created to administer the

7-18     provisions of this Act.

7-19           (b)  The board is composed of nine members, who are appointed

7-20     by the governor with the advice and consent of the senate.

7-21           (c)  Five members of the board must be geologists licensed

7-22     under this Act, two of whom must be board certified in a specialty

7-23     of geology recognized under this Act.  One member of the board must

7-24     be a geophysicist licensed under this Act, and one member of the

7-25     board must be a soil scientist licensed under this Act.  To the

 8-1     extent possible, the composition of the geologists, geophysicists,

 8-2     and soil scientists licensed under this Act serving on the board

 8-3     must be representative of the occupational distribution of

 8-4     geologists, geophysicists, and soil scientists licensed under this

 8-5     Act.

 8-6           (d)  Two members of the board must be members of the general

 8-7     public.

 8-8           (e)  A member of the board must be a citizen of the United

 8-9     States, must have been a resident of this state for at least three

8-10     years preceding appointment, and must be at least 25 years of age.

8-11           (f)  Members of the board serve staggered six-year terms with

8-12     the terms of three members expiring February 1 of each odd-numbered

8-13     year.

8-14           (g)  A member of the board may not serve more than two

8-15     consecutive full terms.

8-16           (h)  The Board of Licensure for Geologists, Geophysicists,

8-17     and Soil Scientists is subject to Chapter 325, Government Code

8-18     (Texas Sunset Act). Unless continued in existence as provided by

8-19     that chapter, the board is abolished and this Act expires September

8-20     1, 2007.

8-21           SECTION 5.  RESTRICTIONS ON PUBLIC MEMBERSHIP.  A person is

8-22     not eligible for appointment as a public member of the board if the

8-23     person or the person's spouse:

8-24                 (1)  is licensed, certified, or registered by an

8-25     occupational regulatory agency in the practice of geology,

 9-1     geophysics, or soil science;

 9-2                 (2)  is employed by or participates in the management

 9-3     of a business entity or other organization regulated by the board

 9-4     or receiving funds from the board;

 9-5                 (3)  owns or controls, directly or indirectly, more

 9-6     than a 10 percent interest in a business entity or other

 9-7     organization regulated by the board or receiving funds from the

 9-8     board; or

 9-9                 (4)  uses or receives a substantial amount of tangible

9-10     goods, services, or funds from the board, other than compensation

9-11     or reimbursement authorized by law for board membership,

9-12     attendance, or expenses.

9-13           SECTION 6.  CONFLICTS OF INTEREST.  (a)  An officer,

9-14     employee, or paid consultant of a Texas trade association in the

9-15     practice of geology, geophysics, or soil science may not be a

9-16     member of the board or employee of the board who is exempt from the

9-17     state's position classification plan or is compensated at or above

9-18     the amount prescribed by the General Appropriations Act for step 1,

9-19     salary group 17, of the position classification salary schedule.

9-20           (b)  A person who is the spouse of an officer, manager, or

9-21     paid consultant of a Texas trade association in the field of

9-22     geology, geophysics, or soil science may not be a member of the

9-23     board and may not be an employee of the board who is exempt from

9-24     the state's position classification plan or is compensated at or

9-25     above the amount prescribed by the General Appropriations Act for

 10-1    step 1, salary group 17, of the position classification salary

 10-2    schedule.

 10-3          (c)  For the purposes of this section, a Texas trade

 10-4    association is a nonprofit, cooperative, and voluntarily joined

 10-5    association of business or professional competitors in this state

 10-6    designed to assist its members and its industry or profession in

 10-7    dealing with mutual business or professional problems and in

 10-8    promoting their common interest.

 10-9          SECTION 7.  LOBBYIST RESTRICTION.  A person may not serve as

10-10    a member of the board or act as the general counsel to the board if

10-11    the person is required to register as a lobbyist under Chapter 305,

10-12    Government Code, because of the person's activities for

10-13    compensation on behalf of a profession related to the operation of

10-14    the board.

10-15          SECTION 8.  REMOVAL FROM BOARD.  It is a ground for removal

10-16    from the board if:

10-17                (1)  the member is no longer qualified for appointment

10-18    to the board;

10-19                (2)  the member engages in misconduct, is determined to

10-20    be incompetent, neglects the member's official duties, or engages

10-21    in malfeasance;

10-22                (3)  the member commits a felony or a violation of this

10-23    Act resulting in disciplinary action;

10-24                (4)  the member fails without excuse to attend at least

10-25    half of the regularly scheduled meetings held in a calendar year

 11-1    while the member is a member of the board; or

 11-2                (5)  other good and sufficient cause for removal

 11-3    exists.

 11-4          SECTION 9.  OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC

 11-5    PARTICIPATION.  (a)  The board is subject to Chapters 551 and 2001,

 11-6    Government Code.

 11-7          (b)  The board shall develop and implement policies that

 11-8    provide the public with a reasonable opportunity to appear before

 11-9    the board and to speak on any issue under the jurisdiction of the

11-10    board.

11-11          SECTION 10.  VACANCY.  If a vacancy on the board occurs, the

11-12    governor shall appoint a member to fill the unexpired term as

11-13    provided by this Act.

11-14          SECTION 11.  COMPENSATION.  A member of the board is entitled

11-15    to a per diem as set by the legislature for each day that the

11-16    member engages in the business of the board.  A member of the board

11-17    is entitled to reimbursement for transportation and other expenses

11-18    incurred in connection with the business of the board.

11-19          SECTION 12.  IMMUNITY FROM CIVIL LIABILITY.  A member or

11-20    former member of the board or an agent, employee, or member of any

11-21    advisory committee appointed by the board under this Act is immune

11-22    from civil liability for any act or omission that occurred in the

11-23    person's official capacity.  The attorney general shall defend a

11-24    person immune under this section in an action brought against the

11-25    board or the person for an alleged act or omission by the person.

 12-1          SECTION 13.  MEETINGS; OFFICERS OF BOARD.  (a)  The board

 12-2    shall hold two or more regular meetings in each calendar year.  A

 12-3    special meeting may be held at a time permitted by rule of the

 12-4    board.

 12-5          (b)  The board shall elect annually from its own membership a

 12-6    chair, vice chair, and secretary-treasurer, none of whom may hold

 12-7    office for more than two consecutive one-year terms.  The board may

 12-8    appoint an assistant secretary and other assistant officers who are

 12-9    not members of the board to assist the board and exercise its

12-10    authority in carrying out its duties and responsibilities.

12-11          (c)  A majority of the board constitutes a quorum.

12-12          (d)  Minutes of each meeting of the board, recording the

12-13    members present and the business conducted, shall be signed and

12-14    kept by the secretary-treasurer or an assistant secretary appointed

12-15    by the board.

12-16          SECTION 14.  POWERS AND DUTIES OF BOARD.  (a)  The board may:

12-17                (1)  adopt and enforce rules consistent with this Act

12-18    and necessary for the performance of its duties;

12-19                (2)  set reasonable and necessary fees to be charged

12-20    applicants and licensees under this Act; and

12-21                (3)  recognize and establish specialty branches of

12-22    geological, geophysical, and soil science practice and establish

12-23    qualifications, conduct examinations, and certify specialties for

12-24    qualified applicants.

12-25          (b)  The board may prepare, administer, and grade oral and

 13-1    written examinations required or permitted under this Act.  The

 13-2    board may adopt or recognize, in part or in whole, examinations

 13-3    prepared, administered, or graded by other organizations, on a

 13-4    regional or national basis, that the board determines appropriate

 13-5    to measure the qualifications of an applicant for licensure as a

 13-6    geologist, geophysicist, or soil scientist or certification in a

 13-7    specialty of geology, geophysics, or soil science if:

 13-8                (1)  the examination questions, the correct answers,

 13-9    and an individual applicant's completed examination are available

13-10    to the board; and

13-11                (2)  the board retains the authority to determine a

13-12    passing grade for licensure in this state.

13-13          (c)  The board shall issue, renew, and reinstate licenses as

13-14    provided by this Act.  As a condition for renewal of a license, the

13-15    board may require evidence of the competence of an applicant for

13-16    renewal by requiring the applicant to participate in continuing

13-17    professional education on a periodic or other basis.  As a

13-18    condition for reinstatement, the board may require evidence of the

13-19    competence of an applicant for reinstatement in the practice of

13-20    geology, geophysics, or soil science by reviewing the applicant's

13-21    qualifications and experience, by requiring continuing professional

13-22    education, by conducting a reexamination on a periodic or other

13-23    basis, or by other appropriate means.

13-24          (d)  The board, by rule, shall adopt a code of professional

13-25    conduct that is binding on all licensees under this Act.  The board

 14-1    may enforce the code by imposing sanctions as provided by this Act.

 14-2          (e)  The board shall investigate all complaints of violations

 14-3    of this Act as provided by this Act.

 14-4          (f)  The board may refuse to issue or renew or may suspend or

 14-5    revoke a license and may impose sanctions including restrictions on

 14-6    the practice of a licensee or a person, firm, or corporation

 14-7    practicing under this Act for a violation of this Act or a rule

 14-8    adopted under this Act.

 14-9          (g)  The board may administer oaths and affirmations and

14-10    issue subpoenas to compel the attendance of witnesses and the

14-11    production of evidence.

14-12          (h)  The board may issue cease and desist orders and seek

14-13    injunctions against a violation of this Act or a rule adopted under

14-14    this Act.

14-15          (i)  The board shall recognize the use of the designations

14-16    "Certified Professional Geologist" or "C.P.G." as used by the AIPG,

14-17    "Certified Petroleum Geologist" or "C.P.G." as used by the AAPG,

14-18    "Certified Earth Scientist" or "C.E.S." as used by SIPES, and

14-19    "Certified Professional Soil Scientist" or "C.P.S.S." as used by

14-20    the ARCPACS and the use of the designation "Certified Geologist,"

14-21    "Certified Geophysicist," "Certified Soil Scientist," or any

14-22    similar designation used by a professional geological, geophysical,

14-23    or soil science organization, society, or association recognized by

14-24    the board, if:

14-25                (1)  the organization's, society's, or association's

 15-1    requirements for certification are comparable to the educational

 15-2    and experience requirements of this Act and are otherwise

 15-3    acceptable to the board;

 15-4                (2)  the full name or recognized abbreviation of the

 15-5    organization, society, or association granting the certification is

 15-6    stated following or in conjunction with the use of the designation

 15-7    or abbreviation; and

 15-8                (3)  the designation or abbreviation is not used in a

 15-9    manner that is misleading or that creates an impression that the

15-10    person is licensed to practice geology, geophysics, or soil science

15-11    before the public unless the person is licensed under this Act.

15-12          (j)  The board shall recognize the use of the designations

15-13    "geological engineer," "geotechnical engineer," "hydraulic

15-14    engineer," and "agricultural engineer" as legitimate engineering

15-15    titles separate from geology, geophysics, or soil science or a

15-16    specialty of geology, geophysics, or soil science and requiring

15-17    registration as a professional engineer.

15-18          (k)  The board may enter into agreements with boards of

15-19    licensure or registration in other states and other appropriate

15-20    organizations, societies, associations, and agencies to develop

15-21    uniform standards for:

15-22                (1)  the licensure of geologists, geophysicists, and

15-23    soil scientists;

15-24                (2)  accrediting educational programs;

15-25                (3)  establishing reciprocity and temporary licenses;

 16-1                (4)  developing regional or national examinations;

 16-2                (5)  evaluating applicants; and

 16-3                (6)  other purposes consistent with this Act.

 16-4          (l)  The board may appoint committees, employ personnel,

 16-5    employ contractors and consultants, lease or purchase furnishings,

 16-6    equipment, and supplies, lease office space, and incur other

 16-7    similar expenses in connection with the administration of this Act.

 16-8          SECTION 15.  EXECUTIVE DIRECTOR; OFFICES.  (a)  The board

 16-9    shall appoint an executive director, who shall be responsible for

16-10    managing the day-to-day affairs of the board, including:

16-11                (1)  arranging for and supervising the necessary

16-12    support, secretarial, and clerical services;

16-13                (2)  obtaining space for holding examinations,

16-14    meetings, and conferences;

16-15                (3)  printing or purchasing examinations;

16-16                (4)  printing and mailing forms, information, and

16-17    certificates;

16-18                (5)  sending notices, collecting fees, and issuing

16-19    receipts;

16-20                (6)  conducting the correspondence of the board,

16-21    including replying to routine requests for information;

16-22                (7)  maintaining the minutes and records of the board;

16-23                (8)  keeping records of receipts and disbursements; and

16-24                (9)  providing necessary investigative services.

16-25          (b)  The board shall maintain an official office and address

 17-1    within the city of Austin to conduct its business.

 17-2          SECTION 16.  RECEIPTS AND DISBURSEMENTS; FUND.  (a)  The

 17-3    executive director shall receive, administer, and account for all

 17-4    money received under this Act and shall transfer the funds to the

 17-5    comptroller.

 17-6          (b)  All funds paid to the board under this Act shall be

 17-7    deposited in  a special fund, known as the "geoscientists fund."

 17-8    The geoscientists fund shall be maintained in accordance with the

 17-9    accounting procedures of, and shall be subject to audit by, the

17-10    state auditor.  Interest earned on money deposited in the

17-11    geoscientists fund shall be credited to the geoscientists fund.

17-12          (c)  All expenses incurred by the board in the administration

17-13    and enforcement of this Act shall be paid from the geoscientists

17-14    fund.

17-15          (d)  The executive director shall file an annual report of

17-16    all receipts, expenditures, and fund balances with the comptroller.

17-17          (e)  The expenses and income shall be balanced and subject to

17-18    yearly audits by the state auditor.  Any unexpended balance

17-19    remaining in the geoscientists fund at the end of the fiscal year

17-20    lapses to the general revenue fund.

17-21          SECTION 17.  ROSTER AND SPECIALTIES LIST.  (a)  The board

17-22    shall maintain a roster stating the name and place of business of

17-23    each licensed professional geologist, geophysicist, and soil

17-24    scientist and board certified specialty geologist, geophysicist,

17-25    and soil scientist practicing under a license issued by the board.

 18-1    Copies of the roster shall be kept on file with the board and shall

 18-2    be furnished on request to a state agency, a county or municipal

 18-3    clerk or building official, and a licensee.  A copy of the roster

 18-4    shall also be furnished to any person on written request, subject

 18-5    to payment of a reasonable fee set by the board and any applicable

 18-6    state taxes.

 18-7          (b)  The board shall maintain a list of recognized

 18-8    specialties of geology, geophysics, and soil science in which

 18-9    certification is recognized by the board under this Act and

18-10    professional geological, geophysical, and  soil science

18-11    organizations, societies, and associations recognized by the board.

18-12          (c)  The board shall maintain a list of each state,

18-13    territory, or possession of the United States, the District of

18-14    Columbia, and each foreign country in which the requirements and

18-15    qualifications for licensure or registration are comparable to

18-16    those established in this state and with which a reciprocity

18-17    agreement exists.

18-18          SECTION 18.  LICENSURE REQUIRED.  (a)  Unless exempted by

18-19    this Act, a person may not engage in the public practice of

18-20    geology, geophysics, or soil science or a specialty of geology,

18-21    geophysics, or soil science without a license issued under this

18-22    Act.

18-23          (b)  A person may not use the term "licensed professional

18-24    geologist," "licensed professional geophysicist," or "licensed

18-25    professional soil scientist," claim to have a specialty in geology,

 19-1    geophysics, or soil science as part of a professional, business, or

 19-2    commercial identification or title, or otherwise hold out to the

 19-3    public that the person is qualified to practice as a geologist,

 19-4    geophysicist, or soil scientist or to engage in the public practice

 19-5    of geology, geophysics, or soil science or a specialty of geology,

 19-6    geophysics, or soil science unless the person is licensed under

 19-7    this Act.

 19-8          (c)  A person may not prepare or supervise the preparation of

 19-9    a geological, geophysical, or soil science report or a geological,

19-10    geophysical, or soil science portion of a report required by

19-11    municipal or county ordinance, state or federal law, state agency

19-12    rule, or federal regulation that incorporates or is based on a

19-13    geological, geophysical, or soil study or geological, geophysical,

19-14    or soil data unless the person is licensed as a geologist,

19-15    geophysicist, or soil scientist under this Act.

19-16          (d)  The state or a political subdivision of the state may

19-17    not contract for geological, geophysical, or soil science services

19-18    with a person other than a person licensed under this Act or with a

19-19    business entity other than a business entity that employs

19-20    geologists, geophysicists, or soil scientists licensed under this

19-21    Act who shall be responsible for the geological, geophysical, or

19-22    soil science work performed by the business entity.  The term

19-23    "contract" as used in this subsection does not include the

19-24    relationship between a state agency or political subdivision and

19-25    its employees.  Geological, geophysical, or soil science work

 20-1    performed by employees or contractors of a state agency or

 20-2    political subdivision must be performed in accordance with the

 20-3    requirements of Subsection (c) of this section.

 20-4          SECTION 19.  APPLICATION REQUIREMENTS.  (a)  An applicant for

 20-5    licensure as a geologist, geophysicist, or soil scientist in a

 20-6    specialty of geology, geophysics, or soil science or for temporary

 20-7    or reciprocal licensure must apply on a form prescribed by the

 20-8    board that is signed and sworn to by the applicant before a notary

 20-9    public.

20-10          (b)  An application must be accompanied by the appropriate

20-11    application fee and include:

20-12                (1)  information concerning the applicant's education;

20-13                (2)  a detailed summary of the applicant's geological,

20-14    geophysical, or soil science work experience, including work in a

20-15    specialty in which the applicant seeks certification;

20-16                (3)  a signed statement that the applicant has read and

20-17    will comply with the code of professional conduct; and

20-18                (4)  not fewer than five reference letters, of which

20-19    not fewer than three are from geologists, geophysicists, or soil

20-20    scientists having personal knowledge of the applicant's geological,

20-21    geophysical, or soil science experience.

20-22          (c)  An applicant must pay a fee for application,

20-23    examination, licensure, and renewal of a license, in addition to

20-24    any other fee required by the board.

20-25          SECTION 20.  GEOLOGIST LICENSING REQUIREMENTS.  To be

 21-1    licensed as a geologist, an applicant must:

 21-2                (1)  be of good moral and ethical character as attested

 21-3    to by letters of reference submitted on behalf of the applicant or

 21-4    as otherwise determined by the board;

 21-5                (2)  have graduated from a course of study in geology

 21-6    or geoscience satisfactory to the board or from a program

 21-7    accredited by an organization recognized by the board, of four or

 21-8    more years' duration including at least 30 semester or 45 quarter

 21-9    hours of credit, with a major in geology or geoscience or a

21-10    geological specialty or have satisfactorily completed other

21-11    equivalent educational requirements as determined by the board;

21-12                (3)  have a documented record of a minimum of four

21-13    years of satisfactory work experience in geology or a specialty of

21-14    geology obtained after completing the academic requirements of a

21-15    bachelor of science degree from an approved or accredited college

21-16    or university or have a documented record of not less than six

21-17    years of satisfactory work experience in geology or a specialty of

21-18    geology obtained after completing the academic requirements of a

21-19    bachelor of arts degree from an approved or accredited college or

21-20    university that demonstrates that the applicant is qualified to

21-21    assume responsible charge for geological work on licensure as a

21-22    geologist, two years of such work experience may be required by the

21-23    board to have been gained under the supervision of a geologist

21-24    licensed in this state or another state or gained under the

21-25    supervision of another person who, in the opinion of the board, is

 22-1    qualified to have responsible charge of geological work;

 22-2                (4)  have passed an examination covering the

 22-3    fundamentals and practice of geology required by the board; and

 22-4                (5)  meet other general or individual requirements

 22-5    established by the board under this Act.

 22-6          SECTION 21.  GEOPHYSICIST LICENSING REQUIREMENTS.  To be

 22-7    licensed as a geophysicist, an applicant must:

 22-8                (1)  be of good moral and ethical character as attested

 22-9    to by letters of reference submitted on behalf of the applicant or

22-10    as otherwise determined by the board;

22-11                (2)  have graduated from a course of study in

22-12    geophysics, geophysical science, or another discipline that in the

22-13    board's opinion is relevant to geophysics or from a program

22-14    accredited by an organization recognized by the board, of four or

22-15    more years' duration including at least 30 semester or 45 quarter

22-16    hours of credit, with a major in geophysics or geoscience or a

22-17    geophysical specialty or have satisfactorily completed other

22-18    equivalent educational requirements as determined by the board;

22-19                (3)  have a documented record of a minimum of four

22-20    years of satisfactory work experience in geophysics or a specialty

22-21    of geophysics obtained after completing the academic requirements

22-22    of a bachelor of science degree from an approved or accredited

22-23    institution of higher learning or have a documented record of not

22-24    less than six years of satisfactory work experience in geophysics

22-25    or a specialty of geophysics obtained after completing the academic

 23-1    requirements of a bachelor of arts degree from an approved or

 23-2    accredited college or university that demonstrates that the

 23-3    applicant is qualified to assume responsible charge for geophysical

 23-4    work on licensure as a geophysicist, two years of such work

 23-5    experience may be required by the board to have been gained under

 23-6    the supervision of a geophysicist licensed in this state or another

 23-7    state or gained under the supervision of another person who, in the

 23-8    opinion of the board, is qualified to have responsible charge of

 23-9    geophysical work;

23-10                (4)  have passed an examination covering the

23-11    fundamentals and practice of geophysics required by the board; and

23-12                (5)  meet other general or individual requirements

23-13    established by the board under this Act.

23-14          SECTION 22.  SOIL SCIENTIST LICENSING REQUIREMENTS.  To be

23-15    licensed as a soil scientist, an applicant must:

23-16                (1)  be of good moral and ethical character as attested

23-17    to by letters of reference submitted on behalf of the applicant or

23-18    as otherwise determined by the board;

23-19                (2)  have graduated from a course of study in soil

23-20    science satisfactory to the board or from a program accredited by

23-21    an organization recognized by the board, of four or more years'

23-22    duration and including at least 30 semester or 45 quarter hours of

23-23    credit, with a major in soil science, or have satisfactorily

23-24    completed other equivalent educational requirements as determined

23-25    by the board;

 24-1                (3)  have a documented record of a minimum of four

 24-2    years of satisfactory work experience in soil science after

 24-3    completing the academic requirements of a bachelor of science

 24-4    degree from an approved or accredited institution of higher

 24-5    learning that demonstrates that the applicant is qualified to

 24-6    assume responsible charge for soil science work on licensure as a

 24-7    soil scientist, two years of such work experience may be required

 24-8    by the board to have been gained under the supervision of a soil

 24-9    scientist licensed in this state or another state or gained under

24-10    the supervision of another person who, in the opinion of the board,

24-11    is qualified to have responsible charge of soil science work;

24-12                (4)  have passed a Soil Science Society of America

24-13    examination or an equivalent examination covering the fundamentals

24-14    and practice of soil science required by the board; and

24-15                (5)  meet other general or individual requirements

24-16    established by the board under this Act.

24-17          SECTION 23.  REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR

24-18    SOIL SCIENCE SPECIALTY CERTIFICATION.  An applicant for

24-19    certification in a geological, geophysical, or soil science

24-20    specialty must meet the following requirements in addition to

24-21    meeting the requirements of Section 20, 21, or 22 of this Act, as

24-22    appropriate:

24-23                (1)  successful completion of 12 semester or 16 quarter

24-24    hours of advanced study in the specialty at an academic institution

24-25    acceptable to the board or completion of an equivalent amount of

 25-1    professional experience acceptable to the board;

 25-2                (2)  have experience including a documented record of

 25-3    six or more years of experience with not less than four years in

 25-4    the specialty after completing the academic requirements of this

 25-5    section in geological, geophysical, or soil science work, as

 25-6    appropriate, of a nature satisfactory to the board that

 25-7    demonstrates that the applicant is qualified to assume responsible

 25-8    charge of the specialty work on certification in the specialty and

 25-9    not less than two years of the experience gained under the

25-10    supervision of a geologist, geophysicist, or soil scientist

25-11    certified in the specialty in this state or another state or under

25-12    the supervision of another person whom the board determines to be

25-13    qualified to have responsible charge of geological, geophysical, or

25-14    soil science work in the specialty or, as an alternative to the two

25-15    years of experience under the supervision of a geologist,

25-16    geophysicist, or soil scientist certified in the specialty, the

25-17    board may accept three reference letters from board certified

25-18    specialty geologists, geophysicists, or soil scientists in the

25-19    specialty; and

25-20                (3)  have passed an examination required by the board

25-21    in the specialty.

25-22          SECTION 24.  QUALIFYING EXPERIENCE.  The following standards

25-23    shall be applied in evaluating the experience of an applicant for

25-24    licensure in the practice of geology, geophysics, or soil science

25-25    or for a specialty certification under Sections 20 through 23 of

 26-1    this Act:

 26-2                (1)  each year of professional practice acceptable to

 26-3    the board, under the direct supervision of a geologist,

 26-4    geophysicist, or soil scientist, as appropriate, who is licensed or

 26-5    registered in this state or in another state under requirements for

 26-6    licensure or registration that are comparable to those in this Act

 26-7    or under the direct supervision of a geologist, geophysicist, or

 26-8    soil scientist, as appropriate, who meets the educational and

 26-9    experience requirements for licensure but is not required to be

26-10    licensed under this Act constitutes one year of professional

26-11    experience in geology, geophysics, or soil science;

26-12                (2)  each year of professional specialty geological,

26-13    geophysical, or soil science practice acceptable to the board under

26-14    the direct supervision of a specialty geologist, specialty

26-15    geophysicist, or specialty soil scientist who is certified in the

26-16    specialty under this Act or who is licensed, registered, or

26-17    certified as a specialty geologist, specialty geophysicist, or

26-18    specialty soil scientist under comparable requirements in another

26-19    state, under a civil engineer or geological engineer licensed in

26-20    this state or another state, or under a specialty geologist,

26-21    specialty geophysicist, or specialty soil scientist who meets the

26-22    educational and experience requirements for licensure but is not

26-23    required to be licensed under this Act constitutes one year of

26-24    practice in a specialty in geology, geophysics, or soil science;

26-25    and

 27-1                (3)  a year of experience in professional practice

 27-2    acceptable to the board and acquired before September 1, 1998,

 27-3    constitutes one year of experience in professional practice if the

 27-4    experience:

 27-5                      (A)  was acquired under the direct supervision of

 27-6    a geologist, geophysicist, or soil scientist, as appropriate, who

 27-7    meets the educational and experience requirements for licensure

 27-8    under this Act or is licensed or registered under comparable

 27-9    requirements in another state; or

27-10                      (B)  would constitute the responsible charge of

27-11    professional work in geology, geophysics, or soil science, as

27-12    appropriate, as determined by the board.

27-13          SECTION 25.  GRADUATE STUDY, RESEARCH, AND TEACHING

27-14    EXPERIENCE.  (a)  Each year of full-time graduate study in the

27-15    geological, geophysical, or soil sciences or in a specialty of

27-16    geology, geophysics, or soil science that is acceptable to the

27-17    board constitutes one year of professional experience in geology,

27-18    geophysics, or soil science, or the applicable specialty of

27-19    geology, geophysics, or soil science.  No more than two years of

27-20    full-time graduate study may be accepted by the board for

27-21    professional experience for a single applicant.

27-22          (b)  The board may accept geological, geophysical, or soil

27-23    science research or teaching by a person studying geology,

27-24    geophysics, or soil science or a geological, geophysical, or soil

27-25    science specialty at the college or university level as qualifying

 28-1    experience if the research or teaching, in the judgment of the

 28-2    board, is comparable to experience obtained in the practice of

 28-3    geology, geophysics, or soil science or a specialty of geology,

 28-4    geophysics, or soil science.

 28-5          SECTION 26.  LICENSURE WITHOUT EXAMINATION.  (a)  The board

 28-6    shall adopt rules relating to the licensure of a person holding a

 28-7    valid certificate of registration or license for the practice of

 28-8    geology, geophysics, or soil science or a recognized specialty of

 28-9    geology, geophysics, or soil science issued under the law of

28-10    another state or a territory or possession of the United States,

28-11    the District of Columbia, or a foreign country, without requiring

28-12    the person to meet the examination requirements of Sections 20

28-13    through 23 of this Act.

28-14          (b)  The board may issue a license to an applicant who

28-15    provides proof of registration or licensure under requirements that

28-16    the board determines to be substantially similar to those

28-17    established by this Act and who pays the required fees.

28-18          SECTION 27.  TEMPORARY LICENSURE.  A person who is not a

28-19    resident of this state and does not have an established place of

28-20    business in this state who seeks to practice geology, geophysics,

28-21    or soil science in this state for a time not to exceed 90 days

28-22    after the date of licensure or an applicant for reciprocal

28-23    licensure who seeks to practice geology, geophysics, or soil

28-24    science pending a determination on the reciprocity application may

28-25    be issued a temporary license authorizing temporary practice in

 29-1    this state if the person:

 29-2                (1)  applies for temporary licensure to the board,

 29-3    provides proof of licensure or registration in another state, the

 29-4    District of Columbia, a territory or possession of the United

 29-5    States, or a foreign country and pays the required fees;

 29-6                (2)  agrees to comply with the signature requirements

 29-7    of Subsection (b) of Section 34 of this Act and to affix the

 29-8    person's seal from the jurisdiction where the person is registered

 29-9    or licensed on all work completed while practicing under the

29-10    temporary license; and

29-11                (3)  files the required information and reports and

29-12    complies with other requirements established by the board

29-13    concerning the person's temporary practice.

29-14          SECTION 28.  WAIVER OF REQUIREMENTS.  (a)  In an individual

29-15    case, the board may waive any of the requirements for licensure by

29-16    a two-thirds vote of the entire board, except for the payment of a

29-17    required fee, on the written request of the applicant and on a

29-18    showing of good cause if the board determines that the applicant is

29-19    otherwise qualified for licensure as a geologist, geophysicist, or

29-20    soil scientist or for certification in a specialty of geology,

29-21    geophysics, or soil science.

29-22          (b)  The requirements waived under this section and the basis

29-23    for the waiver must be recorded in the applicant's record and in

29-24    the proceedings of the board.

29-25          SECTION 29.  DENIAL OF LICENSURE.  (a)  The board may deny

 30-1    licensure for an applicant who fails to satisfy a requirement of

 30-2    this Act or on a determination by the board that there is probable

 30-3    cause to believe that an applicant has violated this Act or a

 30-4    provision the licensee would be subject to in this Act or a

 30-5    comparable provision in the licensure law or registration of

 30-6    another state.

 30-7          (b)  The board may not issue a license pending the

 30-8    disposition of a complaint alleging a violation in this or another

 30-9    state if the board has notice of the alleged violation.

30-10          (c)  An applicant who is denied licensure must be notified of

30-11    the reason for denial in writing not later than the 30th day after

30-12    the date of the board's decision.  Not later than the 30th day

30-13    after the date of receipt of the notice, the applicant may make a

30-14    written request for a hearing.  In the absence of a request for a

30-15    hearing, the board's action is final.

30-16          SECTION 30.  CONTINUING EDUCATION.  To renew a license as a

30-17    professional geologist, geophysicist, or soil scientist or

30-18    certification as a specialty geologist, geophysicist, or soil

30-19    scientist, an applicant for renewal must meet the continuing

30-20    education requirements for renewal established by the board.

30-21          SECTION 31.  CERTIFICATES AND SEALS.  (a)  The board shall

30-22    issue an appropriate license to a licensed professional geologist,

30-23    geophysicist, or soil scientist and a specialty certification to an

30-24    applicant who meets the requirements of this Act for licensure as a

30-25    geologist, geophysicist, or soil scientist or for board

 31-1    certification in a specialty of geology, geophysics, or soil

 31-2    science on payment of the applicable licensure fee.

 31-3          (b)  The certificate must show the full name of the licensee,

 31-4    have a serial number, and be signed by an appropriate officer of

 31-5    the board under the board's seal.

 31-6          (c)  The issuance by the board of a license is prima facie

 31-7    evidence that while the certificate is valid the person named on

 31-8    the certificate is entitled to all rights and privileges of a

 31-9    licensed professional geologist, geophysicist, or soil scientist,

31-10    or a board certified specialty geologist, geophysicist, or soil

31-11    scientist and is entitled to practice geology, geophysics, or soil

31-12    science as a firm or corporation.

31-13          (d)  A certificate and seal issued to a holder of a specialty

31-14    certificate must:

31-15                (1)  clearly identify the specialty certification; and

31-16                (2)  be distinct from a certificate and seal issued to

31-17    a holder of a certificate who does not have a specialty

31-18    certificate.

31-19          SECTION 32.  LICENSE DURATION; EXPIRATION.  (a)  A license is

31-20    valid for a period not to exceed three years and expires according

31-21    to a schedule established by the board.

31-22          (b)  The board shall notify each certificate holder of the

31-23    date of expiration of the person's certificate and the amount of

31-24    the fee required for renewal not later than the 60th day before the

31-25    date of expiration.

 32-1          (c)  On expiration, a certificate is invalid and may not be

 32-2    renewed except as provided by this Act.

 32-3          SECTION 33.  LICENSE RENEWAL.  (a)  The board shall renew or

 32-4    reissue a license for a licensee who before the expiration date of

 32-5    the certificate or within a period not to exceed 60 days after the

 32-6    expiration as determined by the board:

 32-7                (1)  submits the required renewal application and fee

 32-8    and a penalty for late renewal if required; and

 32-9                (2)  meets the requirements for renewal established by

32-10    the board.

32-11          (b)  The board, by rule, may establish conditions and fees

32-12    for the reissuance of licenses that have lapsed, expired, or been

32-13    suspended or revoked.

32-14          (c)  The board shall reissue a new certificate to replace any

32-15    license that has been lost, destroyed, or mutilated, subject to the

32-16    rules and fees adopted by the board.

32-17          SECTION 34.  LICENSEE'S SEAL.  (a)  On licensure, a licensee

32-18    must obtain a seal of a design established by the board bearing the

32-19    licensee's name, license number, the words "Licensed Professional

32-20    Geologist," "Licensed Professional Geophysicist," or "Licensed

32-21    Professional Soil Scientist" and words that indicate any specialty

32-22    in which the individual may be certified.

32-23          (b)  Geological, geophysical, and soil science reports,

32-24    documents, and other records as defined by the board that are

32-25    offered to the public and prepared or issued by or under the

 33-1    supervision of a licensed professional geologist, geophysicist, or

 33-2    soil scientist or by a subordinate under the supervision of a

 33-3    licensed professional geologist, geophysicist, or soil scientist

 33-4    must include the full name, signature, and license number of the

 33-5    licensee who prepared the document or under whose supervision it

 33-6    was prepared and an impression of the licensee's seal in accordance

 33-7    with rules adopted by the board.  Documents that are required to be

 33-8    prepared or issued by or under the direction of a geologist,

 33-9    geophysicist, or soil scientist certified in a specialty must be

33-10    similarly signed and sealed.

33-11          SECTION 35.  EXEMPTIONS; APPLICATION OF ACT.  (a)  The

33-12    following activities do not require licensure under this Act:

33-13                (1)  geological, geophysical, or soil science work

33-14    performed by an employee or a subordinate of a licensee under this

33-15    Act, if the work does not include the responsible charge of

33-16    geological, geophysical, or soil science work and is performed

33-17    under the direct supervision of a licensed professional geologist,

33-18    geophysicist, or soil scientist who is responsible for the work;

33-19                (2)  geological, geophysical, or soil science work

33-20    performed by an officer or employee of the United States practicing

33-21    solely as such an officer or employee;

33-22                (3)  geological, geophysical, or soil science work

33-23    performed exclusively in exploring for and developing oil and gas

33-24    and other energy resources, base metals, precious and nonprecious

33-25    minerals, including sand, gravel, and aggregate, provided such work

 34-1    is done in and for the benefit of private industry;

 34-2                (4)  geological, geophysical, or soil science research

 34-3    conducted through an academic institution, a state or federal

 34-4    governmental agency, a nonprofit research institution, or a

 34-5    for-profit organization that includes submitting a report on the

 34-6    research to a public agency unless the work is covered by

 34-7    Subsection (c) of Section 18 of this Act;

 34-8                (5)  teaching geology, geophysics, or soil science or a

 34-9    related physical or natural science except for teaching an advanced

34-10    course in geology, geophysics, or soil science that may be intended

34-11    to qualify as a course requirement for specialty certification;

34-12                (6)  the acquisition and interpretation of data

34-13    involving soil, rock, groundwater, and other earth materials for

34-14    engineering purposes; the evaluation of the physical and chemical

34-15    properties of soil, rock, groundwater, and other earth materials;

34-16    or the use of data in analysis, design, and construction by a

34-17    professional engineer registered in this state;

34-18                (7)  work customarily performed by a physical or

34-19    natural scientist including a chemist, an archaeologist, a

34-20    geographer, and an oceanographer, if the work does not include the

34-21    planning and execution of a geological, geophysical, or soil

34-22    science investigation or involve the scientist being in responsible

34-23    charge of geological, geophysical, or soil science or specialty

34-24    geological, geophysical, or soil science work or require drawing or

34-25    making geological, geophysical, or soil science conclusions or

 35-1    recommendations that significantly affect the public health,

 35-2    safety, or welfare;

 35-3                (8)  testifying or preparing and presenting an exhibit

 35-4    or document for the sole purpose of being placed in evidence before

 35-5    an administrative or judicial tribunal or hearing, if the

 35-6    testimony, exhibit, or document does not imply that the person is

 35-7    licensed under this Act; and

 35-8                (9)  evaluation by a state agency as defined in Section

 35-9    2001.003, Government Code, or hearing examiner of an exhibit or

35-10    document offered or placed in evidence before an administrative

35-11    tribunal.

35-12          (b)  This Act does not permit the practice of engineering, as

35-13    that practice is defined by The Texas Engineering Practice Act

35-14    (Article 3271a, Vernon's Texas Civil Statutes), by a licensed

35-15    professional geologist, geophysicist, or soil scientist or a

35-16    specialty geologist, geophysicist, or soil scientist.

35-17          (c)  A recommendation, design, analysis, redesign, review and

35-18    evaluation, supervision, or summary analysis of an engineered

35-19    structure or work that requires engineering education, training,

35-20    and experience in the application of special knowledge of

35-21    mathematical, physical, or engineering sciences is engineering and

35-22    is subject to The Texas Engineering Practice Act (Article 3271a,

35-23    Vernon's Texas Civil Statutes).

35-24          (d)  This Act does not permit the performance of an

35-25    engineering analysis supporting an engineering design by a licensed

 36-1    professional geologist, geophysicist, or soil scientist or

 36-2    specialty geologist, geophysicist, or soil scientist unless the

 36-3    action is under the supervision of a licensed professional

 36-4    engineer.

 36-5          (e)  This Act does not permit a licensed professional

 36-6    geologist, geophysicist, or soil scientist or specialty geologist,

 36-7    geophysicist, or soil scientist to provide construction quality

 36-8    control and evaluation or to design, develop, or perform

 36-9    engineering review and evaluation of plans and specifications for

36-10    an engineered structure or work as defined under The Texas

36-11    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

36-12    Statutes).  Engineered structures or works include a building,

36-13    utility, machine, equipment, engineered process, engineer product,

36-14    device, liner, or project designed or constructed, regardless of

36-15    whether the structure or work is constructed of earthen or man-made

36-16    materials.  This subsection does permit the geoscientific review

36-17    and evaluation of the geoscientific components of a project that

36-18    includes an engineered structure or work.

36-19          (f)  With regard to an environmental and pollution

36-20    remediation project, this Act:

36-21                (1)  permits the characterization, study, appraisal,

36-22    investigation, and geoscientific review and evaluation of the

36-23    geoscientific components of a project by a certificate holder; and

36-24                (2)  as required under The Texas Engineering Practice

36-25    Act (Article 3271a, Vernon's Texas Civil Statutes), does not permit

 37-1    the design, development, or performance of engineering review and

 37-2    evaluation of an engineered structure, work, or process or related

 37-3    constructed improvements used in the extraction and management of

 37-4    waste.

 37-5          (g)  Nothing in  this Act requires a licensed geologist, or

 37-6    person acting under the supervision of a licensed geologist, who

 37-7    performs service or work that is both geology and soil science as

 37-8    defined by this Act to be licensed as a soil scientist or to work

 37-9    under the supervision of a soil scientist.

37-10          (h)  Nothing in this Act requires a licensed soil scientist,

37-11    or person acting under the supervision of a licensed soil

37-12    scientist, who performs service or work that is both soil science

37-13    and geology as defined by this Act to be licensed as a geologist or

37-14    to work under the supervision of a licensed geologist.

37-15          (i)  This Act does not permit the practice of professional

37-16    surveying, as that practice is defined by the Professional Land

37-17    Surveying Practices Act (Article 5282c, Vernon's Texas Civil

37-18    Statutes), by a licensed professional geologist, geophysicist, or

37-19    soil scientist or a specialty geologist, geophysicist, or soil

37-20    scientist.  This Act does not apply to surveyors, duly qualified

37-21    and registered under the laws of this state, who confine their

37-22    practice strictly to professional land or state land surveying as

37-23    defined by law.

37-24          SECTION 36.  PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE

37-25    BY FIRM OR CORPORATION.  (a)  A firm or corporation may not engage

 38-1    in the public practice of geology, geophysics, or soil science or a

 38-2    specialty of geology, geophysics, or soil science except for:

 38-3                (1)  geological, geophysical, or soil science work

 38-4    performed by or under the supervision of a geologist, geophysicist,

 38-5    or soil scientist licensed to practice geology, geophysics, or soil

 38-6    science or certified in an applicable specialty of geology,

 38-7    geophysics, or soil science who is in responsible charge of the

 38-8    work and who signs and seals all documents as required by this Act;

 38-9    and

38-10                (2)  a firm or corporation the principal business of

38-11    which is the public practice of geology, geophysics, or soil

38-12    science as determined by board rule if a principal of the firm or

38-13    an officer or director of the corporation is licensed as a

38-14    professional geologist, geophysicist, or soil scientist and has

38-15    overall supervision and control of the geological, geophysical, or

38-16    soil science work performed in this state.

38-17          (b)  A firm or corporation permitted to engage in the public

38-18    practice of geology, geophysics, or soil science or a specialty of

38-19    geology, geophysics, or soil science is subject to the rules of the

38-20    board that pertain to the practice of geology, geophysics, or soil

38-21    science or a specialty of geology, geophysics, or soil science by a

38-22    firm or corporation.

38-23          (c)  Except as provided by this section, a person, firm, or

38-24    corporation may not hold out to the public that the person, firm,

38-25    or corporation is a licensed professional geologist, licensed

 39-1    professional geophysicist, or licensed professional soil scientist,

 39-2    board certified in a specialty of geology, geophysics, or soil

 39-3    science or able to perform geological, geophysical, or soil science

 39-4    services or prepare a report or other document that requires the

 39-5    signature and seal of a licensee under this Act.

 39-6          SECTION 37.  DISCIPLINE AND ENFORCEMENT.  (a)  The board may

 39-7    take the following disciplinary actions:

 39-8                (1)  deny renewal of a license;

 39-9                (2)  permanently revoke the license of a licensee;

39-10                (3)  suspend the license of a licensee for a specified

39-11    time, not to exceed three years, to take effect immediately

39-12    notwithstanding an appeal  if the board determines that the

39-13    licensee's continued practice constitutes an imminent danger to the

39-14    public health, welfare, and safety;

39-15                (4)  issue a public or private reprimand to an

39-16    applicant, a licensee, or a person, firm, or corporation practicing

39-17    geology, geophysics, or soil science under this Act;

39-18                (5)  impose limitations, conditions, or restrictions on

39-19    the practice of an applicant, a licensee, or a person, firm, or

39-20    corporation practicing geology, geophysics, or soil science under

39-21    this Act;

39-22                (6)  require that a licensee participate in a peer

39-23    review program under rules adopted by the board;

39-24                (7)  require that a licensee obtain remedial education

39-25    and training as prescribed by the board;

 40-1                (8)  impose probation on a licensee requiring regular

 40-2    reporting to the board;

 40-3                (9)  require restitution, in whole or in part, of

 40-4    compensation or fees earned by a licensee, a person, a firm, or a

 40-5    corporation practicing geology, geophysics, or soil science under

 40-6    this Act; and

 40-7                (10)  impose an appropriate administrative penalty for

 40-8    each violation of this Act or a rule adopted under this Act on a

 40-9    licensee or a person who is not licensed who is not exempt from

40-10    registration under the provisions of this Act.

40-11          (b)  The board may impose appropriate sanctions for:

40-12                (1)  the practice of any fraud or deceit in obtaining

40-13    certification from an organization described in Subsection (i) of

40-14    Section 14 of this Act or in obtaining a license as a geologist,

40-15    geophysicist, or soil scientist or in a specialty of geology,

40-16    geophysics, or soil science;

40-17                (2)  incompetency, misconduct, fraud, gross negligence,

40-18    or repeated incidents of negligence in the public practice of

40-19    geology, geophysics, or soil science;

40-20                (3)  conviction of a felony or a crime involving moral

40-21    turpitude;

40-22                (4)  the imposition of an administrative, civil, or

40-23    criminal fine, or the imposition of a sentence of imprisonment or

40-24    probation instead of a fine, for a misdemeanor relating to or

40-25    arising out of the public practice of geology, geophysics, or soil

 41-1    science;

 41-2                (5)  the issuance of a cease and desist order or a

 41-3    similar sanction relating to or arising out of the public practice

 41-4    of geology, geophysics, or soil science;

 41-5                (6)  using the seal of another person or using or

 41-6    allowing the use of the licensee's seal on geological, geophysical,

 41-7    or soil science work not performed by or under the supervision of

 41-8    the licensee;

 41-9                (7)  aiding or abetting a person in the violation of

41-10    this Act;

41-11                (8)  the revocation or suspension of a license, the

41-12    denial of renewal of a license, or other disciplinary action taken

41-13    by a state agency, board of registration, or similar licensing

41-14    agency for geologists, geophysicists, or soil scientists or a

41-15    profession or occupation related to the public practice of geology,

41-16    geophysics, or soil science; however, the sanction imposed by the

41-17    board under this subdivision may not exceed in severity or duration

41-18    the sanction on which the action is based;

41-19                (9)  a mental or physical disability, including a

41-20    dependence on or addiction to alcohol or a legal or illegal drug,

41-21    that substantially interferes with the individual's ability to

41-22    assume the responsible charge of and responsibility for geological,

41-23    geophysical, or soil science work; however, a sanction imposed

41-24    under this subdivision may not violate a state or federal law

41-25    relating to the rights of a person with a disability;

 42-1                (10)  practicing or offering to practice geology,

 42-2    geophysics, or soil science or holding out to the public that the

 42-3    person or the person's firm or corporation is licensed or qualified

 42-4    to practice geology, geophysics, or soil science if the person is

 42-5    not licensed under this Act or the person's firm or corporation

 42-6    does not employ a licensed professional geologist, licensed

 42-7    professional geophysicist, or licensed professional soil scientist

 42-8    as required by this Act;

 42-9                (11)  practicing or offering to practice a specialty of

42-10    geology, geophysics, or soil science recognized by the board or

42-11    holding out to the public that the person or the person's firm or

42-12    corporation is certified in or qualified to practice a specialty of

42-13    geology, geophysics, or soil science if the person is not certified

42-14    in that specialty under this Act or the person's firm or

42-15    corporation does not employ a geologist, geophysicist, or soil

42-16    scientist certified in that specialty to be in responsible charge

42-17    of the specialty work as required by this Act; or

42-18                (12)  violating this Act, a rule adopted under this

42-19    Act, including the code of professional conduct, or a comparable

42-20    provision of the laws or rules regulating the practice of geology,

42-21    geophysics, or soil science in another state or country.

42-22          SECTION 38.  COMPLAINTS; INVESTIGATION.  (a)  A person may

42-23    bring a complaint alleging a violation of this Act or a rule

42-24    adopted under this Act.

42-25          (b)  The board shall investigate all complaints brought to

 43-1    its attention and may employ investigators, expert witnesses, and

 43-2    hearing officers, appoint advisory committees, and conduct hearings

 43-3    to determine whether disciplinary or other action should be taken.

 43-4          (c)  A complaint must be made in writing, be sworn to by the

 43-5    person making the complaint, and be filed with the board's

 43-6    secretary.

 43-7          (d)  A person who reports or provides information to the

 43-8    board in good faith is not subject to an action for civil damages.

 43-9          (e)  The board, on its own motion and on a finding of

43-10    probable cause following its investigation, may direct the

43-11    secretary to file a verified complaint charging a person with a

43-12    violation of this Act or a rule adopted under this Act.  The board

43-13    shall hear all charges, except for a charge that the board

43-14    determines to be unfounded or unsupported by the evidence

43-15    submitted.

43-16          SECTION 39.  REPORT OF DISCIPLINARY ACTION.  (a)  The board

43-17    shall report disciplinary actions taken by the board to appropriate

43-18    regulatory officials in this state, to any other registration or

43-19    licensing board or organization acting on behalf of a registration

43-20    or licensing board in another state, or to an appropriate state or

43-21    federal law enforcement agency if the board determines that a

43-22    violation of laws enforced by the agency receiving the report may

43-23    have occurred.

43-24          (b)  The board shall report a disciplinary action taken by

43-25    the board to appropriate law enforcement authorities if the board

 44-1    believes that the violation prompting the disciplinary action

 44-2    constitutes a criminal offense.

 44-3          (c)  The records of the board's disciplinary actions may be

 44-4    released by the board to a law enforcement agency or a licensing or

 44-5    registration board in this state or another state on written

 44-6    request.

 44-7          (d)  The board shall issue public notice of all suspensions

 44-8    and revocations of licenses, including a suspension, surrender of a

 44-9    certificate, or revocation, obtained informally or by consent, in

44-10    an annual report or another publication selected by the board.  A

44-11    report under this subsection may not include an expiration or

44-12    revocation of a license based solely on the failure of the licensee

44-13    to renew the license or to pay an applicable fee.

44-14          SECTION 40.  APPEAL.  A person aggrieved by a final decision

44-15    or action of the board imposing a sanction under this Act may

44-16    appeal the board's decision or action in a court of competent

44-17    jurisdiction.

44-18          SECTION 41.  REISSUANCE OF A LICENSE.  (a)  The board may

44-19    reissue a license that was revoked on written application to the

44-20    board made after the third anniversary of the date of the

44-21    revocation.  The applicant must show good cause to justify the

44-22    reissuance of the license.

44-23          (b)  The board shall reissue a license that was suspended on

44-24    the date the suspension period expires.  The board may impose

44-25    reasonable conditions or limitations in connection with the

 45-1    reissuance of a license that has been suspended.

 45-2          SECTION 42.  OFFENSE.  (a)  A person commits an offense if

 45-3    the person:

 45-4                (1)  practices, offers, or attempts to practice

 45-5    geology, geophysics, or soil science or a specialty of geology,

 45-6    geophysics, or soil science before the public without being

 45-7    licensed as required by this Act;

 45-8                (2)  uses the term "Licensed Professional Geologist,"

 45-9    "Licensed Professional Geophysicist," or "Licensed Professional

45-10    Soil Scientist" or the initials "L.P.G." or "L.P.S.S." or claims a

45-11    specialty in geology, geophysics, or soil science as a

45-12    professional, business, or commercial identification or title or

45-13    otherwise holds out to the public that the person is licensed to

45-14    practice geology, geophysics, or soil science or a specialty of

45-15    geology, geophysics, or soil science without being licensed as

45-16    required by this Act;

45-17                (3)  alters or revises a document, map, or other

45-18    geological, geophysical, or soil science work signed or sealed by a

45-19    licensed professional geologist, licensed professional

45-20    geophysicist, or licensed professional soil scientist unless the

45-21    alteration or revision is signed and sealed by a licensed

45-22    professional geologist, licensed professional geophysicist, or

45-23    licensed professional soil scientist;

45-24                (4)  changes or alters the name or seal of another

45-25    licensed professional geologist, licensed professional

 46-1    geophysicist, or licensed professional soil scientist on any

 46-2    document, map, or other geological, geophysical, or soil science

 46-3    work;

 46-4                (5)  impersonates a licensed professional geologist,

 46-5    licensed professional geophysicist, or licensed professional soil

 46-6    scientist or presents or attempts to use the license or the seal of

 46-7    another licensed professional geologist, licensed professional

 46-8    geophysicist, or licensed professional soil scientist as the

 46-9    person's own license or seal;

46-10                (6)  gives false or forged evidence to the board or to

46-11    a member of the board in an attempt to obtain a license;

46-12                (7)  uses a seal or signs a document under a license

46-13    that is expired or has been suspended or revoked;

46-14                (8)  manages, owns, or operates a place of business

46-15    where public geological, geophysical, or soil science work or

46-16    specialty work that is not exempt from licensure under this Act is

46-17    offered or performed for others without the work being supervised

46-18    or performed by a licensed professional geologist, licensed

46-19    professional geophysicist, or licensed professional soil scientist

46-20    or a geologist, geophysicist, or soil scientist certified in a

46-21    specialty of geology, geophysics, or soil science;

46-22                (9)  uses public geological, geophysical, or soil

46-23    science work performed by another person for a purpose that

46-24    violates this Act; or

46-25                (10)  otherwise violates this Act or a rule adopted by

 47-1    the board under this Act.

 47-2          (b)  An offense under this section is a Class A misdemeanor.

 47-3          SECTION 43.  TRANSITION.  (a)  An applicant who applies for a

 47-4    license under this Act before September 1, 1998, may be qualified

 47-5    for licensure without written examination if the applicant has:

 47-6                (1)  graduated from an accredited institution of higher

 47-7    education acceptable to the board with a bachelor of science or

 47-8    bachelor of arts or higher degree and a major in geology or

 47-9    geoscience if the application is for certification as a geologist,

47-10    a major in geophysics, geophysical science, or another discipline

47-11    the board determines to be relevant to geophysics if the

47-12    application is for certification as a geophysicist, or a major in

47-13    soil science if the application is for certification as a soil

47-14    scientist; or

47-15                (2)  graduated from an accredited institution of higher

47-16    education in a four-year academic degree program other than

47-17    geology, geoscience, geophysics, or soil science, as appropriate,

47-18    but has completed the required number of course hours to qualify as

47-19    a geologist, geophysicist, or soil scientist or in a specialty of

47-20    geology, geophysics, or soil science and has experience consisting

47-21    of not less than six years of professional practice in geology,

47-22    geophysics, or soil science, as appropriate, acceptable to the

47-23    board completed before the date of application for licensure under

47-24    this section.

47-25          (b)  An applicant for certification in a specialty who

 48-1    applies before the first anniversary of the date the board

 48-2    officially recognizes the specialty under this Act may be qualified

 48-3    for certification in that specialty without written examination if

 48-4    the applicant:

 48-5                (1)  is licensed under this Act as a geologist,

 48-6    geophysicist, or soil scientist in this state; and

 48-7                (2)  has experience consisting of not less than six

 48-8    years of professional practice acceptable to the board in the

 48-9    applicable specialty of geology, geophysics, or soil science

48-10    completed before the date of application for certification in a

48-11    specialty under this section.

48-12          (c)  An initial member of the board who is required to be a

48-13    licensed professional geologist, geophysicist, or soil scientist

48-14    must be qualified for licensure or certification under Subsections

48-15    (a) and (b) of this section.

48-16          (d)  The governor shall make the initial appointments to the

48-17    board before November 1, 1997.  The board shall hold its first

48-18    meeting before January 1, 1998.  The initial appointments to the

48-19    board shall be made as follows:

48-20                (1)  three members shall be appointed for terms

48-21    expiring in 1999;

48-22                (2)  three members shall be appointed for terms

48-23    expiring in 2001; and

48-24                (3)  three members shall be appointed for terms

48-25    expiring in 2003.

 49-1          (e)  The board shall adopt rules under this Act not later

 49-2    than November 30, 1998.

 49-3          (f)  A person is not required to obtain a certificate of

 49-4    licensure under this Act until January 1, 1999.

 49-5          SECTION 44.  EFFECTIVE DATE.  This Act takes effect September

 49-6    1, 1997, except that Sections 18 and 42 of this Act take effect

 49-7    January 1, 1999.

 49-8          SECTION 45.  EMERGENCY.  The importance of this legislation

 49-9    and the crowded condition of the calendars in both houses create an

49-10    emergency and an imperative public necessity that the

49-11    constitutional rule requiring bills to be read on three several

49-12    days in each house be suspended, and this rule is hereby suspended.