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.