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.