75R13555 CAG-D                          

         By Brown                                               S.B. No. 486

         Substitute the following for S.B. No. 486:

         By Kubiak, Goolsby                                 C.S.S.B. No. 486

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of geologists, geophysicists, and soil

 1-3     scientists; providing an administrative and a criminal penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  SHORT TITLE.  This Act may be cited as the

 1-6     Geoscientist Licensing Act.

 1-7           SECTION 2.  PURPOSE.  In order to safeguard the interests of

 1-8     the citizens of this state, to promote the public welfare, and to

 1-9     protect the environment, the public practice of geology,

1-10     geophysics, and soil science in this state is declared to be

1-11     subject to regulation in the public interest.

1-12           SECTION 3.  DEFINITIONS.  In this Act:

1-13                 (1)  "Board" means the Board of Licensure for

1-14     Geologists, Geophysicists, and Soil Scientists.

1-15                 (2)  "Board certified specialty geologist" means a

1-16     licensed professional geologist who has met the academic and

1-17     experience qualifications in a specialty of geology established

1-18     under this Act and has been certified in that specialty by the

1-19     board.

1-20                 (3)  "Board certified specialty geophysicist" means a

1-21     licensed professional geophysicist who has met the academic and

1-22     experience qualifications in a specialty of geophysics established

1-23     under this Act and has been certified in that specialty by the

1-24     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.

2-10                 (6)  "Certified geophysicist" means a geophysicist who

2-11     has been certified by a professional geophysical organization,

2-12     society, or association that has certification requirements that

2-13     have been recognized by the board.

2-14                 (7)  "Certified soil scientist" means a soil scientist

2-15     who has been certified by a professional soil science organization,

2-16     society, or association that has certification requirements that

2-17     have been recognized by the board.

2-18                 (8)  "Geological subordinate" means a person who

2-19     assists in the practice of geology, or an exempt person practicing

2-20     geology, without assuming the responsible charge of the work.

2-21                 (9)  "Geologist" means a person qualified to engage in

2-22     the practice of geology by reason of the person's knowledge of

2-23     geology, mathematics, and the supporting physical and life

2-24     sciences, acquired through education and practical experience.

2-25                 (10)  "Geology" means the science of the earth and its

2-26     origin and history, the investigation of the earth's constituent

2-27     rocks, minerals, fossil fuels, solids, and fluids, and the study of

 3-1     the natural and introduced agents, forces, and processes that cause

 3-2     changes in and on the earth.

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

 3-4     assists in the practice of geophysics, or an exempt person

 3-5     practicing geophysics, without assuming the responsible charge of

 3-6     the work.

 3-7                 (12)  "Geophysicist" means a person qualified to engage

 3-8     in the practice of geophysics by reason of the person's knowledge

 3-9     of geophysics, mathematics, physics, and the supporting physical

3-10     and life sciences, acquired through education and practical

3-11     experience.

3-12                 (13)  "Geophysics" means the science of the study of

3-13     the physical earth by means of measuring its natural and induced

3-14     fields of force, including electricity, gravity, and magnetism, and

3-15     its responses to natural and induced energy and the interpretation

3-16     of these measurements, and relating these measurements to the

3-17     physics of the earth.

3-18                 (14)  "Public practice of geology" means the

3-19     performance before the public of geological services or work

3-20     affecting the public health and safety, including consulting,

3-21     investigating, evaluating, planning, mapping, and inspecting

3-22     geological work, and the responsible supervision of those tasks.

3-23                 (15)  "Public practice of geophysics" means the

3-24     performance before the public of geophysical services or work

3-25     affecting the public health and safety, including consulting,

3-26     investigating, evaluating, planning, mapping, and inspecting

3-27     geophysical work, and the responsible supervision of those tasks.

 4-1                 (16)  "Public practice of soil science" means the

 4-2     performance before the public of soil science services or work

 4-3     affecting the public health and safety, including consulting,

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

 4-5     science work, and the responsible supervision of those tasks.

 4-6                 (17)  "Licensed professional geologist" means a

 4-7     geologist who has met the academic and experience qualifications of

 4-8     this Act and who has been issued a license as a licensed

 4-9     professional geologist by the board.

4-10                 (18)  "Licensed professional geophysicist" means a

4-11     geophysicist who has met the academic and experience qualifications

4-12     of this Act and who has been issued a license as a licensed

4-13     professional geophysicist by the board.

4-14                 (19)  "Licensed professional soil scientist" means a

4-15     soil scientist who has met the academic and experience

4-16     qualifications of this Act and who has been issued a license as a

4-17     licensed professional soil scientist by the board.

4-18                 (20)  "Responsible charge" means the independent

4-19     control and direction of geological, geophysical, or soil science

4-20     work or the supervision of geological, geophysical, or soil science

4-21     work by the use of initiative, skill, and independent judgment.

4-22                 (21)  "Soil science" means the science of soils, their

4-23     classification, origin, and history, the investigation of physical,

4-24     chemical, mineralogical, morphological, and biological

4-25     characteristics of soils, and the study of natural and introduced

4-26     agents, forces, and processes that cause changes in and on the

4-27     soil.

 5-1                 (22)  "Soil science subordinate" means a person who

 5-2     assists in the practice of soil science, or an exempt person

 5-3     practicing soil science, without assuming the responsible charge of

 5-4     the work.

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

 5-6     engage in the practice of soil science by reason of the person's

 5-7     knowledge of soil science and the supporting chemical, physical,

 5-8     and biological sciences acquired through education and practical

 5-9     experience.

5-10                 (24)  "Geoscientist" means a person qualified to engage

5-11     in the practice in one of the collective disciplines of the

5-12     geological sciences, including geology, geophysics, and soil

5-13     science, and specialty practices of each.

5-14                 (25)  "Specialty" means a branch of geology,

5-15     geophysics, or soil science that has been recognized by the board

5-16     for specialty certification.

5-17                 (26)  "Practice of specialty geology" means the

5-18     performance before the public of geological services or work

5-19     including consulting, investigating, evaluating, planning, mapping,

5-20     and inspecting geological work and the responsible supervision of

5-21     those tasks in the commonly recognized specialty geological

5-22     practices, including engineering geology, hydrogeology, and

5-23     environmental geology.

5-24                 (27)  "Practice of specialty geophysics" means the

5-25     performance before the public of geophysical services or work

5-26     including consulting, investigating, evaluating, planning, mapping,

5-27     and inspecting geophysical work and the responsible supervision of

 6-1     those tasks in the commonly recognized specialty geophysical

 6-2     practices, including engineering geophysics, hydrogeophysics, and

 6-3     environmental geophysics.

 6-4                 (28)  "Practice of specialty soil science" means the

 6-5     performance before the public of soil science services or work

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

 6-7     and inspecting soil science work and the responsible supervision of

 6-8     those tasks in commonly recognized specialty soil science

 6-9     practices, including soil survey, soil classification, and

6-10     environmental soil science.

6-11                 (29)  "Performance before the public" means:

6-12                       (A)  providing professional geological,

6-13     geophysical, or soil science services:

6-14                             (i)  to a governmental entity in the State

6-15     of Texas;

6-16                             (ii)  to comply with rules or regulations

6-17     established by Texas governmental entities for the express purpose

6-18     of protecting the health, safety, and welfare of the citizens of

6-19     Texas; and

6-20                             (iii)  to the public, firms, or

6-21     corporations in Texas where the practitioner assumes the ultimate

6-22     liability for the work product.

6-23                       (B)  Performance before the public does not

6-24     include services provided for the express use of a corporation or

6-25     firm by an employee or consultant where the corporation or firm

6-26     assumes the ultimate liability for the work product.

6-27           SECTION 4.  BOARD OF LICENSURE FOR GEOLOGISTS, GEOPHYSICISTS,

 7-1     AND SOIL SCIENTISTS.  (a)  The Board of Licensure for Geologists,

 7-2     Geophysicists, and Soil Scientists is created to administer the

 7-3     provisions of this Act.

 7-4           (b)  The board is composed of nine members, who are appointed

 7-5     by the governor with the advice and consent of the senate.

 7-6           (c)  Five members of the board must be geologists licensed

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

 7-8     of geology recognized under this Act.  One member of the board must

 7-9     be a geophysicist licensed under this Act, and one member of the

7-10     board must be a soil scientist licensed under this Act.  To the

7-11     extent possible, the composition of the geologists, geophysicists,

7-12     and soil scientists licensed under this Act serving on the board

7-13     must be representative of the occupational distribution of

7-14     geologists, geophysicists, and soil scientists licensed under this

7-15     Act.

7-16           (d)  Two members of the board must be members of the general

7-17     public.

7-18           (e)  A member of the board must be a citizen of the United

7-19     States, must have been a resident of this state for at least three

7-20     years preceding appointment, and must be at least 25 years of age.

7-21           (f)  Members of the board serve staggered six-year terms with

7-22     the terms of three members expiring February 1 of each odd-numbered

7-23     year.

7-24           (g)  A member of the board may not serve more than two

7-25     consecutive full terms.

7-26           (h)  The Board of Licensure for Geologists, Geophysicists,

7-27     and Soil Scientists is subject to Chapter 325, Government Code

 8-1     (Texas Sunset Act).  Unless continued in existence as provided by

 8-2     that chapter, the board is abolished and this Act expires September

 8-3     1, 2007.

 8-4           SECTION 5.  RESTRICTIONS ON PUBLIC MEMBERSHIP.  A person is

 8-5     not eligible for appointment as a public member of the board if the

 8-6     person or the person's spouse:

 8-7                 (1)  is licensed, certified, or registered by an

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

 8-9     geophysics, or soil science;

8-10                 (2)  is employed by or participates in the management

8-11     of a business entity or other organization regulated by the board

8-12     or receiving funds from the board;

8-13                 (3)  owns or controls, directly or indirectly, more

8-14     than a 10 percent interest in a business entity or other

8-15     organization regulated by the board or receiving funds from the

8-16     board; or

8-17                 (4)  uses or receives a substantial amount of tangible

8-18     goods, services, or funds from the board, other than compensation

8-19     or reimbursement authorized by law for board membership,

8-20     attendance, or expenses.

8-21           SECTION 6.  CONFLICTS OF INTEREST.  (a)  An officer,

8-22     employee, or paid consultant of a Texas trade association in the

8-23     practice of geology, geophysics, or soil science may not be a

8-24     member of the board or employee of the board who is exempt from the

8-25     state's position classification plan or is compensated at or above

8-26     the amount prescribed by the General Appropriations Act for step 1,

8-27     salary group 17, of the position classification salary schedule.

 9-1           (b)  A person who is the spouse of an officer, manager, or

 9-2     paid consultant of a Texas trade association in the field of

 9-3     geology, geophysics, or soil science may not be a member of the

 9-4     board and may not be an employee of the board who is exempt from

 9-5     the state's position classification plan or is compensated at or

 9-6     above the amount prescribed by the General Appropriations Act for

 9-7     step 1, salary group 17, of the position classification salary

 9-8     schedule.

 9-9           (c)  For the purposes of this section, a Texas trade

9-10     association is a nonprofit, cooperative, and voluntarily joined

9-11     association of business or professional competitors in this state

9-12     designed to assist its members and its industry or profession in

9-13     dealing with mutual business or professional problems and in

9-14     promoting their common interest.

9-15           SECTION 7.  LOBBYIST RESTRICTION.  A person may not serve as

9-16     a member of the board or act as the general counsel to the board if

9-17     the person is required to register as a lobbyist under Chapter 305,

9-18     Government Code, because of the person's activities for

9-19     compensation on behalf of a profession related to the operation of

9-20     the board.

9-21           SECTION 8.  REMOVAL FROM BOARD.  It is a ground for removal

9-22     from the board if:

9-23                 (1)  the member is no longer qualified for appointment

9-24     to the board;

9-25                 (2)  the member engages in misconduct, is determined to

9-26     be incompetent, neglects the member's official duties, or engages

9-27     in malfeasance;

 10-1                (3)  the member commits a felony or a violation of this

 10-2    Act resulting in disciplinary action;

 10-3                (4)  the member fails without excuse to attend at least

 10-4    half of the regularly scheduled meetings held in a calendar year

 10-5    while the member is a member of the board; or

 10-6                (5)  other good and sufficient cause for removal

 10-7    exists.

 10-8          SECTION 9.  OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC

 10-9    PARTICIPATION.  (a)  The board is subject to Chapters 551 and 2001,

10-10    Government Code.

10-11          (b)  The board shall develop and implement policies that

10-12    provide the public with a reasonable opportunity to appear before

10-13    the board and to speak on any issue under the jurisdiction of the

10-14    board.

10-15          SECTION 10.  VACANCY.  If a vacancy on the board occurs, the

10-16    governor shall appoint a member to fill the unexpired term as

10-17    provided by this Act.

10-18          SECTION 11.  COMPENSATION.  A member of the board is entitled

10-19    to a per diem as set by the legislature for each day that the

10-20    member engages in the business of the board.  A member of the board

10-21    is entitled to reimbursement for transportation and other expenses

10-22    incurred in connection with the business of the board.

10-23          SECTION 12.  IMMUNITY FROM CIVIL LIABILITY.  A member or

10-24    former member of the board or an agent, employee, or member of any

10-25    advisory committee appointed by the board under this Act is immune

10-26    from civil liability for any act or omission that occurred in the

10-27    person's official capacity.  The attorney general shall defend a

 11-1    person immune under this section in an action brought against the

 11-2    board or the person for an alleged act or omission by the person.

 11-3          SECTION 13.  MEETINGS; OFFICERS OF BOARD.  (a)  The board

 11-4    shall hold two or more regular meetings in each calendar year.  A

 11-5    special meeting may be held at a time permitted by rule of the

 11-6    board.

 11-7          (b)  The board shall elect annually from its own membership a

 11-8    chair, vice chair, and secretary-treasurer, none of whom may hold

 11-9    office for more than two consecutive one-year terms.  The board may

11-10    appoint an assistant secretary and other assistant officers who are

11-11    not members of the board to assist the board and exercise its

11-12    authority in carrying out its duties and responsibilities.

11-13          (c)  A majority of the board constitutes a quorum.

11-14          (d)  Minutes of each meeting of the board, recording the

11-15    members present and the business conducted, shall be signed and

11-16    kept by the secretary-treasurer or an assistant secretary appointed

11-17    by the board.

11-18          SECTION 14.  POWERS AND DUTIES OF BOARD.  (a)  The board may:

11-19                (1)  adopt and enforce rules consistent with this Act

11-20    and necessary for the performance of its duties;

11-21                (2)  set reasonable and necessary fees to be charged

11-22    applicants and licensees under this Act; and

11-23                (3)  recognize and establish specialty branches of

11-24    geological, geophysical, and soil science practice and establish

11-25    qualifications, conduct examinations, and certify specialties for

11-26    qualified applicants.

11-27          (b)  The board may prepare, administer, and grade oral and

 12-1    written examinations required or permitted under this Act.  The

 12-2    board may adopt or recognize, in part or in whole, examinations

 12-3    prepared, administered, or graded by other organizations, on a

 12-4    regional or national basis, that the board determines appropriate

 12-5    to measure the qualifications of an applicant for licensure as a

 12-6    geologist, geophysicist, or soil scientist or certification in a

 12-7    specialty of geology, geophysics, or soil science if:

 12-8                (1)  the examination questions, the correct answers,

 12-9    and an individual applicant's completed examination are available

12-10    to the board; and

12-11                (2)  the board retains the authority to determine a

12-12    passing grade for licensure in this state.

12-13          (c)  The board shall issue, renew, and reinstate licenses as

12-14    provided by this Act.  As a condition for renewal of a license, the

12-15    board may require evidence of the competence of an applicant for

12-16    renewal by requiring the applicant to participate in continuing

12-17    professional education on a periodic or other basis.  As a

12-18    condition for reinstatement, the board may require evidence of the

12-19    competence of an applicant for reinstatement in the practice of

12-20    geology, geophysics, or soil science by reviewing the applicant's

12-21    qualifications and experience, by requiring continuing professional

12-22    education, by conducting a reexamination on a periodic or other

12-23    basis, or by other appropriate means.

12-24          (d)  The board, by rule, shall adopt a code of professional

12-25    conduct that is binding on all licensees under this Act.  The board

12-26    may enforce the code by imposing sanctions as provided by this Act.

12-27          (e)  The board shall investigate all complaints of violations

 13-1    of this Act as provided by this Act.

 13-2          (f)  The board may refuse to issue or renew or may suspend or

 13-3    revoke a license and may impose sanctions including restrictions on

 13-4    the practice of a licensee or a person, firm, or corporation

 13-5    practicing under this Act for a violation of this Act or a rule

 13-6    adopted under this Act.

 13-7          (g)  The board may administer oaths and affirmations and

 13-8    issue subpoenas to compel the attendance of witnesses and the

 13-9    production of evidence.

13-10          (h)  The board may issue cease and desist orders and seek

13-11    injunctions against a violation of this Act or a rule adopted under

13-12    this Act.

13-13          (i)  The board shall recognize the use of the designations

13-14    used by a professional geological, geophysical, or soil science

13-15    organization, society, or association recognized and approved by

13-16    the board, if:

13-17                (1)  the organization's, society's, or association's

13-18    requirements for certification are comparable to the educational

13-19    and experience requirements of this Act and are otherwise

13-20    acceptable to the board;

13-21                (2)  the full name or recognized abbreviation of the

13-22    organization, society, or association granting the certification is

13-23    stated following or in conjunction with the use of the designation

13-24    or abbreviation; and

13-25                (3)  the designation or abbreviation is not used in a

13-26    manner that is misleading or that creates an impression that the

13-27    person is licensed to practice geology, geophysics, or soil science

 14-1    before the public unless the person is licensed under this Act.

 14-2          (j)  The board shall recognize the use of the designations

 14-3    "geological engineer," "geotechnical engineer," "hydraulic

 14-4    engineer," and "agricultural engineer" as legitimate engineering

 14-5    titles separate from geology, geophysics, or soil science or a

 14-6    specialty of geology, geophysics, or soil science and requiring

 14-7    registration as a professional engineer.

 14-8          (k)  The board may enter into agreements with boards of

 14-9    licensure or registration in other states and other appropriate

14-10    organizations, societies, associations, and agencies to develop

14-11    uniform standards for:

14-12                (1)  the licensure of geologists, geophysicists, and

14-13    soil scientists;

14-14                (2)  accrediting educational programs;

14-15                (3)  establishing reciprocity and temporary licenses;

14-16                (4)  developing regional or national examinations;

14-17                (5)  evaluating applicants; and

14-18                (6)  other purposes consistent with this Act.

14-19          (l)  The board may appoint committees, employ personnel,

14-20    employ contractors and consultants, lease or purchase furnishings,

14-21    equipment, and supplies, lease office space, and incur other

14-22    similar expenses in connection with the administration of this Act.

14-23          SECTION 15.  EXECUTIVE DIRECTOR; OFFICES.  (a)  The board

14-24    shall appoint an executive director, who shall be responsible for

14-25    managing the day-to-day affairs of the board, including:

14-26                (1)  arranging for and supervising the necessary

14-27    support, secretarial, and clerical services;

 15-1                (2)  obtaining space for holding examinations,

 15-2    meetings, and conferences;

 15-3                (3)  printing or purchasing examinations;

 15-4                (4)  printing and mailing forms, information, and

 15-5    certificates;

 15-6                (5)  sending notices, collecting fees, and issuing

 15-7    receipts;

 15-8                (6)  conducting the correspondence of the board,

 15-9    including replying to routine requests for information;

15-10                (7)  maintaining the minutes and records of the board;

15-11                (8)  keeping records of receipts and disbursements; and

15-12                (9)  providing necessary investigative services.

15-13          (b)  The board shall maintain an official office and address

15-14    within the city of Austin to conduct its business.

15-15          SECTION 16.  RECEIPTS AND DISBURSEMENTS; FUND.  (a)  The

15-16    executive director shall receive, administer, and account for all

15-17    money received under this Act and shall transfer the funds to the

15-18    comptroller.

15-19          (b)  All funds paid to the board under this Act shall be

15-20    deposited in  a special fund, known as the "geoscientists fund."

15-21    The geoscientists fund shall be maintained in accordance with the

15-22    accounting procedures of, and shall be subject to audit by, the

15-23    state auditor.  Interest earned on money deposited in the

15-24    geoscientists fund shall be credited to the geoscientists fund.

15-25          (c)  All expenses incurred by the board in the administration

15-26    and enforcement of this Act shall be paid from the geoscientists

15-27    fund.

 16-1          (d)  The executive director shall file an annual report of

 16-2    all receipts, expenditures, and fund balances with the comptroller.

 16-3          (e)  The expenses and income shall be balanced and subject to

 16-4    yearly audits by the state auditor.  Any unexpended balance

 16-5    remaining in the geoscientists fund at the end of the fiscal year

 16-6    lapses to the general revenue fund.

 16-7          SECTION 17.  ROSTER AND SPECIALTIES LIST.  (a)  The board

 16-8    shall maintain a roster stating the name and place of business of

 16-9    each licensed professional geologist, geophysicist, and soil

16-10    scientist and board certified specialty geologist, geophysicist,

16-11    and soil scientist practicing under a license issued by the board.

16-12    Copies of the roster shall be kept on file with the board and shall

16-13    be furnished on request to a state agency, a county or municipal

16-14    clerk or building official, and a licensee.  A copy of the roster

16-15    shall also be furnished to any person on written request, subject

16-16    to payment of a reasonable fee set by the board and any applicable

16-17    state taxes.

16-18          (b)  The board shall maintain a list of recognized

16-19    specialties of geology, geophysics, and soil science in which

16-20    certification is recognized by the board under this Act and

16-21    professional geological, geophysical, and  soil science

16-22    organizations, societies, and associations recognized by the board.

16-23          (c)  The board shall maintain a list of each state,

16-24    territory, or possession of the United States, the District of

16-25    Columbia, and each foreign country in which the requirements and

16-26    qualifications for licensure or registration are comparable to

16-27    those established in this state and with which a reciprocity

 17-1    agreement exists.

 17-2          SECTION 18.  LICENSURE REQUIRED.  (a)  Unless exempted by

 17-3    this Act, a person may not engage in the public practice of

 17-4    geology, geophysics, or soil science or a specialty of geology,

 17-5    geophysics, or soil science without a license issued under this

 17-6    Act.

 17-7          (b)  A person may not use the term "licensed professional

 17-8    geologist," "licensed professional geophysicist," or "licensed

 17-9    professional soil scientist," claim to have a specialty in geology,

17-10    geophysics, or soil science as part of a professional, business, or

17-11    commercial identification or title, or otherwise hold out to the

17-12    public that the person is qualified to practice as a geologist,

17-13    geophysicist, or soil scientist or to engage in the public practice

17-14    of geology, geophysics, or soil science or a specialty of geology,

17-15    geophysics, or soil science unless the person is licensed under

17-16    this Act.

17-17          (c)  A person may not prepare or supervise the preparation of

17-18    a geological, geophysical, or soil science report or a geological,

17-19    geophysical, or soil science portion of a report required by

17-20    municipal or county ordinance, state or federal law, state agency

17-21    rule, or federal regulation that incorporates or is based on a

17-22    geological, geophysical, or soil study or geological, geophysical,

17-23    or soil data unless the person is licensed as a geologist,

17-24    geophysicist, or soil scientist under this Act.

17-25          (d)  The state or a political subdivision of the state may

17-26    not contract for geological, geophysical, or soil science services

17-27    with a person other than a person licensed under this Act or with a

 18-1    business entity other than a business entity that employs

 18-2    geologists, geophysicists, or soil scientists licensed under this

 18-3    Act who shall be responsible for the geological, geophysical, or

 18-4    soil science work performed by the business entity.  The term

 18-5    "contract" as used in this subsection does not include the

 18-6    relationship between a state agency or political subdivision and

 18-7    its employees.  Geological, geophysical, or soil science work

 18-8    performed by employees or contractors of a state agency or

 18-9    political subdivision must be performed in accordance with the

18-10    requirements of Subsection (c) of this section.

18-11          SECTION 19.  APPLICATION REQUIREMENTS.  (a)  An applicant for

18-12    licensure as a geologist, geophysicist, or soil scientist in a

18-13    specialty of geology, geophysics, or soil science or for temporary

18-14    or reciprocal licensure must apply on a form prescribed by the

18-15    board that is signed and sworn to by the applicant before a notary

18-16    public.

18-17          (b)  An application must be accompanied by the appropriate

18-18    application fee and include:

18-19                (1)  information concerning the applicant's education;

18-20                (2)  a detailed summary of the applicant's geological,

18-21    geophysical, or soil science work experience, including work in a

18-22    specialty in which the applicant seeks certification;

18-23                (3)  a signed statement that the applicant has read and

18-24    will comply with the code of professional conduct; and

18-25                (4)  not fewer than five reference letters, of which

18-26    not fewer than three are from geologists, geophysicists, or soil

18-27    scientists having personal knowledge of the applicant's geological,

 19-1    geophysical, or soil science experience.

 19-2          (c)  An applicant must pay a fee for application,

 19-3    examination, licensure, and renewal of a license, in addition to

 19-4    any other fee required by the board.

 19-5          SECTION 20.  GEOLOGIST LICENSING REQUIREMENTS.  To be

 19-6    licensed as a geologist, an applicant must:

 19-7                (1)  be of good moral and ethical character as attested

 19-8    to by letters of reference submitted on behalf of the applicant or

 19-9    as otherwise determined by the board;

19-10                (2)  have graduated from a course of study in geology

19-11    or geoscience satisfactory to the board or from a program

19-12    accredited by an organization recognized by the board, of four or

19-13    more years' duration including at least 30 semester or 45 quarter

19-14    hours of credit, with a major in geology or geoscience or a

19-15    geological specialty or have satisfactorily completed other

19-16    equivalent educational requirements as determined by the board;

19-17                (3)  have a documented record of a minimum of four

19-18    years of satisfactory work experience in geology or a specialty of

19-19    geology obtained after completing the academic requirements of a

19-20    bachelor of science degree from an approved or accredited college

19-21    or university or have a documented record of not less than six

19-22    years of satisfactory work experience in geology or a specialty of

19-23    geology obtained after completing the academic requirements of a

19-24    bachelor of arts degree from an approved or accredited college or

19-25    university that demonstrates that the applicant is qualified to

19-26    assume responsible charge for geological work on licensure as a

19-27    geologist, two years of such work experience may be required by the

 20-1    board to have been gained under the supervision of a geologist

 20-2    licensed in this state or another state or gained under the

 20-3    supervision of another person who, in the opinion of the board, is

 20-4    qualified to have responsible charge of geological work;

 20-5                (4)  have passed an examination covering the

 20-6    fundamentals and practice of geology required by the board; and

 20-7                (5)  meet other general or individual requirements

 20-8    established by the board under this Act.

 20-9          SECTION 21.  GEOPHYSICIST LICENSING REQUIREMENTS.  To be

20-10    licensed as a geophysicist, an applicant must:

20-11                (1)  be of good moral and ethical character as attested

20-12    to by letters of reference submitted on behalf of the applicant or

20-13    as otherwise determined by the board;

20-14                (2)  have graduated from a course of study in

20-15    geophysics, geophysical science, or another discipline that in the

20-16    board's opinion is relevant to geophysics or from a program

20-17    accredited by an organization recognized by the board, of four or

20-18    more years' duration including at least 30 semester or 45 quarter

20-19    hours of credit, with a major in geophysics or geoscience or a

20-20    geophysical specialty or have satisfactorily completed other

20-21    equivalent educational requirements as determined by the board;

20-22                (3)  have a documented record of a minimum of four

20-23    years of satisfactory work experience in geophysics or a specialty

20-24    of geophysics obtained after completing the academic requirements

20-25    of a bachelor of science degree from an approved or accredited

20-26    institution of higher learning or have a documented record of not

20-27    less than six years of satisfactory work experience in geophysics

 21-1    or a specialty of geophysics obtained after completing the academic

 21-2    requirements of a bachelor of arts degree from an approved or

 21-3    accredited college or university that demonstrates that the

 21-4    applicant is qualified to assume responsible charge for geophysical

 21-5    work on licensure as a geophysicist, two years of such work

 21-6    experience may be required by the board to have been gained under

 21-7    the supervision of a geophysicist licensed in this state or another

 21-8    state or gained under the supervision of another person who, in the

 21-9    opinion of the board, is qualified to have responsible charge of

21-10    geophysical work;

21-11                (4)  have passed an examination covering the

21-12    fundamentals and practice of geophysics required by the board; and

21-13                (5)  meet other general or individual requirements

21-14    established by the board under this Act.

21-15          SECTION 22.  SOIL SCIENTIST LICENSING REQUIREMENTS.  To be

21-16    licensed as a soil scientist, an applicant must:

21-17                (1)  be of good moral and ethical character as attested

21-18    to by letters of reference submitted on behalf of the applicant or

21-19    as otherwise determined by the board;

21-20                (2)  have graduated from a course of study in soil

21-21    science satisfactory to the board or from a program accredited by

21-22    an organization recognized by the board, of four or more years'

21-23    duration and including at least 30 semester or 45 quarter hours of

21-24    credit, with a major in soil science, or have satisfactorily

21-25    completed other equivalent educational requirements as determined

21-26    by the board;

21-27                (3)  have a documented record of a minimum of four

 22-1    years of satisfactory work experience in soil science after

 22-2    completing the academic requirements of a bachelor of science

 22-3    degree from an approved or accredited institution of higher

 22-4    learning that demonstrates that the applicant is qualified to

 22-5    assume responsible charge for soil science work on licensure as a

 22-6    soil scientist, two years of such work experience may be required

 22-7    by the board to have been gained under the supervision of a soil

 22-8    scientist licensed in this state or another state or gained under

 22-9    the supervision of another person who, in the opinion of the board,

22-10    is qualified to have responsible charge of soil science work;

22-11                (4)  have passed an examination approved by the board

22-12    covering the fundamentals and practice of soil science required by

22-13    the board; and

22-14                (5)  meet other general or individual requirements

22-15    established by the board under this Act.

22-16          SECTION 23.  REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR

22-17    SOIL SCIENCE SPECIALTY CERTIFICATION.  An applicant for

22-18    certification in a geological, geophysical, or soil science

22-19    specialty must meet the following requirements in addition to

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

22-21    appropriate:

22-22                (1)  successful completion of 12 semester or 16 quarter

22-23    hours of advanced study in the specialty at an academic institution

22-24    acceptable to the board or completion of an equivalent amount of

22-25    professional experience acceptable to the board;

22-26                (2)  have experience including a documented record of

22-27    six or more years of experience with not less than four years in

 23-1    the specialty after completing the academic requirements of this

 23-2    section in geological, geophysical, or soil science work, as

 23-3    appropriate, of a nature satisfactory to the board that

 23-4    demonstrates that the applicant is qualified to assume responsible

 23-5    charge of the specialty work on certification in the specialty and

 23-6    not less than two years of the experience gained under the

 23-7    supervision of a geologist, geophysicist, or soil scientist

 23-8    certified in the specialty in this state or another state or under

 23-9    the supervision of another person whom the board determines to be

23-10    qualified to have responsible charge of geological, geophysical, or

23-11    soil science work in the specialty or, as an alternative to the two

23-12    years of experience under the supervision of a geologist,

23-13    geophysicist, or soil scientist certified in the specialty, the

23-14    board may accept three reference letters from board certified

23-15    specialty geologists, geophysicists, or soil scientists in the

23-16    specialty; and

23-17                (3)  have passed an examination required by the board

23-18    in the specialty.

23-19          SECTION 24.  QUALIFYING EXPERIENCE.  The following standards

23-20    shall be applied in evaluating the experience of an applicant for

23-21    licensure in the practice of geology, geophysics, or soil science

23-22    or for a specialty certification under Sections 20 through 23 of

23-23    this Act:

23-24                (1)  each year of professional practice acceptable to

23-25    the board, under the direct supervision of a geologist,

23-26    geophysicist, or soil scientist, as appropriate, who is licensed or

23-27    registered in this state or in another state under requirements for

 24-1    licensure or registration that are comparable to those in this Act

 24-2    or under the direct supervision of a geologist, geophysicist, or

 24-3    soil scientist, as appropriate, who meets the educational and

 24-4    experience requirements for licensure but is not required to be

 24-5    licensed under this Act constitutes one year of professional

 24-6    experience in geology, geophysics, or soil science;

 24-7                (2)  each year of professional specialty geological,

 24-8    geophysical, or soil science practice acceptable to the board under

 24-9    the direct supervision of a specialty geologist, specialty

24-10    geophysicist, or specialty soil scientist who is certified in the

24-11    specialty under this Act or who is licensed, registered, or

24-12    certified as a specialty geologist, specialty geophysicist, or

24-13    specialty soil scientist under comparable requirements in another

24-14    state, under a civil engineer or geological engineer licensed in

24-15    this state or another state, or under a specialty geologist,

24-16    specialty geophysicist, or specialty soil scientist who meets the

24-17    educational and experience requirements for licensure but is not

24-18    required to be licensed under this Act constitutes one year of

24-19    practice in a specialty in geology, geophysics, or soil science;

24-20    and

24-21                (3)  a year of experience in professional practice

24-22    acceptable to the board and acquired before September 1, 1998,

24-23    constitutes one year of experience in professional practice if the

24-24    experience:

24-25                      (A)  was acquired under the direct supervision of

24-26    a geologist, geophysicist, or soil scientist, as appropriate, who

24-27    meets the educational and experience requirements for licensure

 25-1    under this Act or is licensed or registered under comparable

 25-2    requirements in another state; or

 25-3                      (B)  would constitute the responsible charge of

 25-4    professional work in geology, geophysics, or soil science, as

 25-5    appropriate, as determined by the board.

 25-6          SECTION 25.  GRADUATE STUDY, RESEARCH, AND TEACHING

 25-7    EXPERIENCE.  (a)  Each year of full-time graduate study in the

 25-8    geological, geophysical, or soil sciences or in a specialty of

 25-9    geology, geophysics, or soil science that is acceptable to the

25-10    board constitutes one year of professional experience in geology,

25-11    geophysics, or soil science, or the applicable specialty of

25-12    geology, geophysics, or soil science.  No more than two years of

25-13    full-time graduate study may be accepted by the board for

25-14    professional experience for a single applicant.

25-15          (b)  The board may accept geological, geophysical, or soil

25-16    science research or teaching by a person studying geology,

25-17    geophysics, or soil science or a geological, geophysical, or soil

25-18    science specialty at the college or university level as qualifying

25-19    experience if the research or teaching, in the judgment of the

25-20    board, is comparable to experience obtained in the practice of

25-21    geology, geophysics, or soil science or a specialty of geology,

25-22    geophysics, or soil science.

25-23          SECTION 26.  LICENSURE WITHOUT EXAMINATION.  (a)  The board

25-24    shall adopt rules relating to the licensure of a person holding a

25-25    valid certificate of registration or license for the practice of

25-26    geology, geophysics, or soil science or a recognized specialty of

25-27    geology, geophysics, or soil science issued under the law of

 26-1    another state or a territory or possession of the United States,

 26-2    the District of Columbia, or a foreign country, without requiring

 26-3    the person to meet the examination requirements of Sections 20

 26-4    through 23 of this Act.

 26-5          (b)  The board may issue a license to an applicant who

 26-6    provides proof of registration or licensure under requirements that

 26-7    the board determines to be substantially similar to those

 26-8    established by this Act and who pays the required fees.

 26-9          SECTION 27.  TEMPORARY LICENSURE.  A person who is not a

26-10    resident of this state and does not have an established place of

26-11    business in this state who seeks to practice geology, geophysics,

26-12    or soil science in this state for a time not to exceed 90 days

26-13    after the date of licensure or an applicant for reciprocal

26-14    licensure who seeks to practice geology, geophysics, or soil

26-15    science pending a determination on the reciprocity application may

26-16    be issued a temporary license authorizing temporary practice in

26-17    this state if the person:

26-18                (1)  applies for temporary licensure to the board,

26-19    provides proof of licensure or registration in another state, the

26-20    District of Columbia, a territory or possession of the United

26-21    States, or a foreign country and pays the required fees;

26-22                (2)  agrees to comply with the signature requirements

26-23    of Subsection (b) of Section 34 of this Act and to affix the

26-24    person's seal from the jurisdiction where the person is registered

26-25    or licensed on all work completed while practicing under the

26-26    temporary license; and

26-27                (3)  files the required information and reports and

 27-1    complies with other requirements established by the board

 27-2    concerning the person's temporary practice.

 27-3          SECTION 28.  WAIVER OF REQUIREMENTS.  (a)  In an individual

 27-4    case, the board may waive any of the requirements for licensure by

 27-5    a two-thirds vote of the entire board, except for the payment of a

 27-6    required fee, on the written request of the applicant and on a

 27-7    showing of good cause if the board determines that the applicant is

 27-8    otherwise qualified for licensure as a geologist, geophysicist, or

 27-9    soil scientist or for certification in a specialty of geology,

27-10    geophysics, or soil science.

27-11          (b)  The requirements waived under this section and the basis

27-12    for the waiver must be recorded in the applicant's record and in

27-13    the proceedings of the board.

27-14          SECTION 29.  DENIAL OF LICENSURE.  (a)  The board may deny

27-15    licensure for an applicant who fails to satisfy a requirement of

27-16    this Act or on a determination by the board that there is probable

27-17    cause to believe that an applicant has violated this Act or a

27-18    provision the licensee would be subject to in this Act or a

27-19    comparable provision in the licensure law or registration of

27-20    another state.

27-21          (b)  The board may not issue a license pending the

27-22    disposition of a complaint alleging a violation in this or another

27-23    state if the board has notice of the alleged violation.

27-24          (c)  An applicant who is denied licensure must be notified of

27-25    the reason for denial in writing not later than the 30th day after

27-26    the date of the board's decision.  Not later than the 30th day

27-27    after the date of receipt of the notice, the applicant may make a

 28-1    written request for a hearing.  In the absence of a request for a

 28-2    hearing, the board's action is final.

 28-3          SECTION 30.  CONTINUING EDUCATION.  To renew a license as a

 28-4    professional geologist, geophysicist, or soil scientist or

 28-5    certification as a specialty geologist, geophysicist, or soil

 28-6    scientist, an applicant for renewal must meet the continuing

 28-7    education requirements for renewal established by the board.

 28-8          SECTION 31.  CERTIFICATES AND SEALS.  (a)  The board shall

 28-9    issue an appropriate license to a licensed professional geologist,

28-10    geophysicist, or soil scientist and a specialty certification to an

28-11    applicant who meets the requirements of this Act for licensure as a

28-12    geologist, geophysicist, or soil scientist or for board

28-13    certification in a specialty of geology, geophysics, or soil

28-14    science on payment of the applicable licensure fee.

28-15          (b)  The certificate must show the full name of the licensee,

28-16    have a serial number, and be signed by an appropriate officer of

28-17    the board under the board's seal.

28-18          (c)  The issuance by the board of a license is prima facie

28-19    evidence that while the certificate is valid the person named on

28-20    the certificate is entitled to all rights and privileges of a

28-21    licensed professional geologist, geophysicist, or soil scientist,

28-22    or a board certified specialty geologist, geophysicist, or soil

28-23    scientist and is entitled to practice geology, geophysics, or soil

28-24    science as a firm or corporation.

28-25          (d)  A certificate and seal issued to a holder of a specialty

28-26    certificate must:

28-27                (1)  clearly identify the specialty certification; and

 29-1                (2)  be distinct from a certificate and seal issued to

 29-2    a holder of a certificate who does not have a specialty

 29-3    certificate.

 29-4          SECTION 32.  LICENSE DURATION; EXPIRATION.  (a)  A license is

 29-5    valid for a period not to exceed three years and expires according

 29-6    to a schedule established by the board.

 29-7          (b)  The board shall notify each certificate holder of the

 29-8    date of expiration of the person's certificate and the amount of

 29-9    the fee required for renewal not later than the 60th day before the

29-10    date of expiration.

29-11          (c)  On expiration, a certificate is invalid and may not be

29-12    renewed except as provided by this Act.

29-13          SECTION 33.  LICENSE RENEWAL.  (a)  The board shall renew or

29-14    reissue a license for a licensee who before the expiration date of

29-15    the certificate or within a period not to exceed 60 days after the

29-16    expiration as determined by the board:

29-17                (1)  submits the required renewal application and fee

29-18    and a penalty for late renewal if required; and

29-19                (2)  meets the requirements for renewal established by

29-20    the board.

29-21          (b)  The board, by rule, may establish conditions and fees

29-22    for the reissuance of licenses that have lapsed, expired, or been

29-23    suspended or revoked.

29-24          (c)  The board shall reissue a new certificate to replace any

29-25    license that has been lost, destroyed, or mutilated, subject to the

29-26    rules and fees adopted by the board.

29-27          SECTION 34.  LICENSEE'S SEAL.  (a)  On licensure, a licensee

 30-1    must obtain a seal of a design established by the board bearing the

 30-2    licensee's name, license number, the words "Licensed Professional

 30-3    Geologist," "Licensed Professional Geophysicist," or "Licensed

 30-4    Professional Soil Scientist" and words that indicate any specialty

 30-5    in which the individual may be certified.

 30-6          (b)  Geological, geophysical, and soil science reports,

 30-7    documents, and other records as defined by the board that are

 30-8    offered to the public and prepared or issued by or under the

 30-9    supervision of a licensed professional geologist, geophysicist, or

30-10    soil scientist or by a subordinate under the supervision of a

30-11    licensed professional geologist, geophysicist, or soil scientist

30-12    must include the full name, signature, and license number of the

30-13    licensee who prepared the document or under whose supervision it

30-14    was prepared and an impression of the licensee's seal in accordance

30-15    with rules adopted by the board.  Documents that are required to be

30-16    prepared or issued by or under the direction of a geologist,

30-17    geophysicist, or soil scientist certified in a specialty must be

30-18    similarly signed and sealed.

30-19          SECTION 35.  EXEMPTIONS; APPLICATION OF ACT.  (a)  The

30-20    following activities do not require licensure under this Act:

30-21                (1)  geological, geophysical, or soil science work

30-22    performed by an employee or a subordinate of a licensee under this

30-23    Act, if the work does not include the responsible charge of

30-24    geological, geophysical, or soil science work and is performed

30-25    under the direct supervision of a licensed professional geologist,

30-26    geophysicist, or soil scientist who is responsible for the work;

30-27                (2)  geological, geophysical, or soil science work

 31-1    performed by an officer or employee of the United States practicing

 31-2    solely as such an officer or employee;

 31-3                (3)  geological, geophysical, or soil science work

 31-4    performed exclusively in exploring for and developing oil and gas

 31-5    and other energy resources, base metals, precious and nonprecious

 31-6    minerals, including sand, gravel, and aggregate, provided such work

 31-7    is done in and for the benefit of private industry;

 31-8                (4)  geological, geophysical, or soil science research

 31-9    conducted through an academic institution, a state or federal

31-10    governmental agency, a nonprofit research institution, or a

31-11    for-profit organization that includes submitting a report on the

31-12    research to a public agency unless the work is covered by

31-13    Subsection (c) of Section 18 of this Act;

31-14                (5)  teaching geology, geophysics, or soil science or a

31-15    related physical or natural science except for teaching an advanced

31-16    course in geology, geophysics, or soil science that may be intended

31-17    to qualify as a course requirement for specialty certification;

31-18                (6)  the acquisition and interpretation of data

31-19    involving soil, rock, groundwater, and other earth materials for

31-20    engineering purposes; the evaluation of the physical and chemical

31-21    properties of soil, rock, groundwater, and other earth materials;

31-22    or the use of data in analysis, design, and construction by a

31-23    professional engineer registered in this state;

31-24                (7)  work customarily performed by a physical or

31-25    natural scientist including a chemist, an archaeologist, a

31-26    geographer, and an oceanographer, if the work does not include the

31-27    planning and execution of a geological, geophysical, or soil

 32-1    science investigation or involve the scientist being in responsible

 32-2    charge of geological, geophysical, or soil science or specialty

 32-3    geological, geophysical, or soil science work or require drawing or

 32-4    making geological, geophysical, or soil science conclusions or

 32-5    recommendations that significantly affect the public health,

 32-6    safety, or welfare;

 32-7                (8)  testifying or preparing and presenting an exhibit

 32-8    or document for the sole purpose of being placed in evidence before

 32-9    an administrative or judicial tribunal or hearing, if the

32-10    testimony, exhibit, or document does not imply that the person is

32-11    licensed under this Act; and

32-12                (9)  evaluation by a state agency as defined in Section

32-13    2001.003, Government Code, or hearing examiner of an exhibit or

32-14    document offered or placed in evidence before an administrative

32-15    tribunal.

32-16          (b)  This Act does not permit the practice of engineering, as

32-17    that practice is defined by The Texas Engineering Practice Act

32-18    (Article 3271a, Vernon's Texas Civil Statutes), by a licensed

32-19    professional geologist, geophysicist, or soil scientist or a

32-20    specialty geologist, geophysicist, or soil scientist.

32-21          (c)  A recommendation, design, analysis, redesign, review and

32-22    evaluation, supervision, or summary analysis of an engineered

32-23    structure or work that requires engineering education, training,

32-24    and experience in the application of special knowledge of

32-25    mathematical, physical, or engineering sciences is engineering and

32-26    is subject to The Texas Engineering Practice Act (Article 3271a,

32-27    Vernon's Texas Civil Statutes).

 33-1          (d)  This Act does not permit the performance of an

 33-2    engineering analysis supporting an engineering design by a licensed

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

 33-4    specialty geologist, geophysicist, or soil scientist unless the

 33-5    action is under the supervision of a licensed professional

 33-6    engineer.

 33-7          (e)  This Act does not permit a licensed professional

 33-8    geologist, geophysicist, or soil scientist or specialty geologist,

 33-9    geophysicist, or soil scientist to provide construction quality

33-10    control and evaluation or to design, develop, or perform

33-11    engineering review and evaluation of plans and specifications for

33-12    an engineered structure or work as defined under The Texas

33-13    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

33-14    Statutes).  Engineered structures or works include a building,

33-15    utility, machine, equipment, engineered process, engineer product,

33-16    device, liner, or project designed or constructed, regardless of

33-17    whether the structure or work is constructed of earthen or man-made

33-18    materials.  This subsection does permit the geoscientific review

33-19    and evaluation of the geoscientific components of a project that

33-20    includes an engineered structure or work.

33-21          (f)  With regard to an environmental and pollution

33-22    remediation project, this Act:

33-23                (1)  permits the characterization, study, appraisal,

33-24    investigation, and geoscientific review and evaluation of the

33-25    geoscientific components of a project by a certificate holder; and

33-26                (2)  as required under The Texas Engineering Practice

33-27    Act (Article 3271a, Vernon's Texas Civil Statutes), does not permit

 34-1    the design, development, or performance of engineering review and

 34-2    evaluation of an engineered structure, work, or process or related

 34-3    constructed improvements used in the extraction and management of

 34-4    waste.

 34-5          (g)  Nothing in  this Act requires a licensed geologist, or

 34-6    person acting under the supervision of a licensed geologist, who

 34-7    performs service or work that is both geology and soil science as

 34-8    defined by this Act to be licensed as a soil scientist or to work

 34-9    under the supervision of a soil scientist.

34-10          (h)  Nothing in this Act requires a licensed soil scientist,

34-11    or person acting under the supervision of a licensed soil

34-12    scientist, who performs service or work that is both soil science

34-13    and geology as defined by this Act to be licensed as a geologist or

34-14    to work under the supervision of a licensed geologist.

34-15          (i)  This Act does not permit the practice of professional

34-16    surveying, as that practice is defined by the Professional Land

34-17    Surveying Practices Act (Article 5282c, Vernon's Texas Civil

34-18    Statutes), by a licensed professional geologist, geophysicist, or

34-19    soil scientist or a specialty geologist, geophysicist, or soil

34-20    scientist.  This Act does not apply to surveyors, duly qualified

34-21    and registered under the laws of this state, who confine their

34-22    practice strictly to professional land or state land surveying as

34-23    defined by law.

34-24          SECTION 36.  PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE

34-25    BY FIRM OR CORPORATION.  (a)  A firm or corporation may not engage

34-26    in the public practice of geology, geophysics, or soil science or a

34-27    specialty of geology, geophysics, or soil science except for:

 35-1                (1)  geological, geophysical, or soil science work

 35-2    performed by or under the supervision of a geologist, geophysicist,

 35-3    or soil scientist licensed to practice geology, geophysics, or soil

 35-4    science or certified in an applicable specialty of geology,

 35-5    geophysics, or soil science who is in responsible charge of the

 35-6    work and who signs and seals all documents as required by this Act;

 35-7    and

 35-8                (2)  a firm or corporation the principal business of

 35-9    which is the public practice of geology, geophysics, or soil

35-10    science as determined by board rule if a principal of the firm or

35-11    an officer or director of the corporation is licensed as a

35-12    professional geologist, geophysicist, or soil scientist and has

35-13    overall supervision and control of the geological, geophysical, or

35-14    soil science work performed in this state.

35-15          (b)  A firm or corporation permitted to engage in the public

35-16    practice of geology, geophysics, or soil science or a specialty of

35-17    geology, geophysics, or soil science is subject to the rules of the

35-18    board that pertain to the practice of geology, geophysics, or soil

35-19    science or a specialty of geology, geophysics, or soil science by a

35-20    firm or corporation.

35-21          (c)  Except as provided by this section, a person, firm, or

35-22    corporation may not hold out to the public that the person, firm,

35-23    or corporation is a licensed professional geologist, licensed

35-24    professional geophysicist, or licensed professional soil scientist,

35-25    board certified in a specialty of geology, geophysics, or soil

35-26    science or able to perform geological, geophysical, or soil science

35-27    services or prepare a report or other document that requires the

 36-1    signature and seal of a licensee under this Act.

 36-2          SECTION 37.  DISCIPLINE AND ENFORCEMENT.  (a)  The board may

 36-3    take the following disciplinary actions:

 36-4                (1)  deny renewal of a license;

 36-5                (2)  permanently revoke the license of a licensee;

 36-6                (3)  suspend the license of a licensee for a specified

 36-7    time, not to exceed three years, to take effect immediately

 36-8    notwithstanding an appeal  if the board determines that the

 36-9    licensee's continued practice constitutes an imminent danger to the

36-10    public health, welfare, and safety;

36-11                (4)  issue a public or private reprimand to an

36-12    applicant, a licensee, or a person, firm, or corporation practicing

36-13    geology, geophysics, or soil science under this Act;

36-14                (5)  impose limitations, conditions, or restrictions on

36-15    the practice of an applicant, a licensee, or a person, firm, or

36-16    corporation practicing geology, geophysics, or soil science under

36-17    this Act;

36-18                (6)  require that a licensee participate in a peer

36-19    review program under rules adopted by the board;

36-20                (7)  require that a licensee obtain remedial education

36-21    and training as prescribed by the board;

36-22                (8)  impose probation on a licensee requiring regular

36-23    reporting to the board;

36-24                (9)  require restitution, in whole or in part, of

36-25    compensation or fees earned by a licensee, a person, a firm, or a

36-26    corporation practicing geology, geophysics, or soil science under

36-27    this Act; and

 37-1                (10)  impose an appropriate administrative penalty for

 37-2    each violation of this Act or a rule adopted under this Act on a

 37-3    licensee or a person who is not licensed who is not exempt from

 37-4    registration under the provisions of this Act.

 37-5          (b)  The board may impose appropriate sanctions for:

 37-6                (1)  the practice of any fraud or deceit in obtaining a

 37-7    license as a geologist, geophysicist, or soil scientist or

 37-8    certification in a specialty of geology, geophysics, or soil

 37-9    science;

37-10                (2)  incompetency, misconduct, fraud, gross negligence,

37-11    or repeated incidents of negligence in the public practice of

37-12    geology, geophysics, or soil science;

37-13                (3)  conviction of a felony or a crime involving moral

37-14    turpitude;

37-15                (4)  the imposition of an administrative, civil, or

37-16    criminal fine, or the imposition of a sentence of imprisonment or

37-17    probation instead of a fine, for a misdemeanor relating to or

37-18    arising out of the public practice of geology, geophysics, or soil

37-19    science;

37-20                (5)  the issuance of a cease and desist order or a

37-21    similar sanction relating to or arising out of the public practice

37-22    of geology, geophysics, or soil science;

37-23                (6)  using the seal of another person or using or

37-24    allowing the use of the licensee's seal on geological, geophysical,

37-25    or soil science work not performed by or under the supervision of

37-26    the licensee;

37-27                (7)  aiding or abetting a person in the violation of

 38-1    this Act;

 38-2                (8)  the revocation or suspension of a license, the

 38-3    denial of renewal of a license, or other disciplinary action taken

 38-4    by a state agency, board of registration, or similar licensing

 38-5    agency for geologists, geophysicists, or soil scientists or a

 38-6    profession or occupation related to the public practice of geology,

 38-7    geophysics, or soil science; however, the sanction imposed by the

 38-8    board under this subdivision may not exceed in severity or duration

 38-9    the sanction on which the action is based;

38-10                (9)  a mental or physical disability, including a

38-11    dependence on or addiction to alcohol or a legal or illegal drug,

38-12    that substantially interferes with the individual's ability to

38-13    assume the responsible charge of and responsibility for geological,

38-14    geophysical, or soil science work; however, a sanction imposed

38-15    under this subdivision may not violate a state or federal law

38-16    relating to the rights of a person with a disability;

38-17                (10)  practicing or offering to practice geology,

38-18    geophysics, or soil science or holding out to the public that the

38-19    person or the person's firm or corporation is licensed or qualified

38-20    to practice geology, geophysics, or soil science if the person is

38-21    not licensed under this Act or the person's firm or corporation

38-22    does not employ a licensed professional geologist, licensed

38-23    professional geophysicist, or licensed professional soil scientist

38-24    as required by this Act;

38-25                (11)  practicing or offering to practice a specialty of

38-26    geology, geophysics, or soil science recognized by the board or

38-27    holding out to the public that the person or the person's firm or

 39-1    corporation is certified in or qualified to practice a specialty of

 39-2    geology, geophysics, or soil science if the person is not certified

 39-3    in that specialty under this Act or the person's firm or

 39-4    corporation does not employ a geologist, geophysicist, or soil

 39-5    scientist certified in that specialty to be in responsible charge

 39-6    of the specialty work as required by this Act; or

 39-7                (12)  violating this Act, a rule adopted under this

 39-8    Act, including the code of professional conduct, or a comparable

 39-9    provision of the laws or rules regulating the practice of geology,

39-10    geophysics, or soil science in another state or country.

39-11          SECTION 38.  COMPLAINTS; INVESTIGATION.  (a)  A person may

39-12    bring a complaint alleging a violation of this Act or a rule

39-13    adopted under this Act.

39-14          (b)  The board shall investigate all complaints brought to

39-15    its attention and may employ investigators, expert witnesses, and

39-16    hearing officers, appoint advisory committees, and conduct hearings

39-17    to determine whether disciplinary or other action should be taken.

39-18          (c)  A complaint must be made in writing, be sworn to by the

39-19    person making the complaint, and be filed with the board's

39-20    secretary.

39-21          (d)  A person who reports or provides information to the

39-22    board in good faith is not subject to an action for civil damages.

39-23          (e)  The board, on its own motion and on a finding of

39-24    probable cause following its investigation, may direct the

39-25    secretary to file a verified complaint charging a person with a

39-26    violation of this Act or a rule adopted under this Act.  The board

39-27    shall hear all charges, except for a charge that the board

 40-1    determines to be unfounded or unsupported by the evidence

 40-2    submitted.

 40-3          SECTION 39.  REPORT OF DISCIPLINARY ACTION.  (a)  The board

 40-4    shall report disciplinary actions taken by the board to appropriate

 40-5    regulatory officials in this state, to any other registration or

 40-6    licensing board or organization acting on behalf of a registration

 40-7    or licensing board in another state, or to an appropriate state or

 40-8    federal law enforcement agency if the board determines that a

 40-9    violation of laws enforced by the agency receiving the report may

40-10    have occurred.

40-11          (b)  The board shall report a disciplinary action taken by

40-12    the board to appropriate law enforcement authorities if the board

40-13    believes that the violation prompting the disciplinary action

40-14    constitutes a criminal offense.

40-15          (c)  The records of the board's disciplinary actions may be

40-16    released by the board to a law enforcement agency or a licensing or

40-17    registration board in this state or another state on written

40-18    request.

40-19          (d)  The board shall issue public notice of all suspensions

40-20    and revocations of licenses, including a suspension, surrender of a

40-21    certificate, or revocation, obtained informally or by consent, in

40-22    an annual report or another publication selected by the board.  A

40-23    report under this subsection may not include an expiration or

40-24    revocation of a license based solely on the failure of the licensee

40-25    to renew the license or to pay an applicable fee.

40-26          SECTION 40.  APPEAL.  A person aggrieved by a final decision

40-27    or action of the board imposing a sanction under this Act may

 41-1    appeal the board's decision or action in a court of competent

 41-2    jurisdiction.

 41-3          SECTION 41.  REISSUANCE OF A LICENSE.  (a)  The board may

 41-4    reissue a license that was revoked on written application to the

 41-5    board made after the third anniversary of the date of the

 41-6    revocation.  The applicant must show good cause to justify the

 41-7    reissuance of the license.

 41-8          (b)  The board shall reissue a license that was suspended on

 41-9    the date the suspension period expires.  The board may impose

41-10    reasonable conditions or limitations in connection with the

41-11    reissuance of a license that has been suspended.

41-12          SECTION 42.  OFFENSE.  (a)  A person commits an offense if

41-13    the person:

41-14                (1)  practices, offers, or attempts to practice

41-15    geology, geophysics, or soil science or a specialty of geology,

41-16    geophysics, or soil science before the public without being

41-17    licensed as required by this Act;

41-18                (2)  uses the term "Licensed Professional Geologist,"

41-19    "Licensed Professional Geophysicist," or "Licensed Professional

41-20    Soil Scientist" or the initials "L.P.G." or "L.P.S.S." or claims a

41-21    specialty in geology, geophysics, or soil science as a

41-22    professional, business, or commercial identification or title or

41-23    otherwise holds out to the public that the person is licensed to

41-24    practice geology, geophysics, or soil science or a specialty of

41-25    geology, geophysics, or soil science without being licensed as

41-26    required by this Act;

41-27                (3)  alters or revises a document, map, or other

 42-1    geological, geophysical, or soil science work signed or sealed by a

 42-2    licensed professional geologist, licensed professional

 42-3    geophysicist, or licensed professional soil scientist unless the

 42-4    alteration or revision is signed and sealed by a licensed

 42-5    professional geologist, licensed professional geophysicist, or

 42-6    licensed professional soil scientist;

 42-7                (4)  changes or alters the name or seal of another

 42-8    licensed professional geologist, licensed professional

 42-9    geophysicist, or licensed professional soil scientist on any

42-10    document, map, or other geological, geophysical, or soil science

42-11    work;

42-12                (5)  impersonates a licensed professional geologist,

42-13    licensed professional geophysicist, or licensed professional soil

42-14    scientist or presents or attempts to use the license or the seal of

42-15    another licensed professional geologist, licensed professional

42-16    geophysicist, or licensed professional soil scientist as the

42-17    person's own license or seal;

42-18                (6)  gives false or forged evidence to the board or to

42-19    a member of the board in an attempt to obtain a license;

42-20                (7)  uses a seal or signs a document under a license

42-21    that is expired or has been suspended or revoked;

42-22                (8)  manages, owns, or operates a place of business

42-23    where public geological, geophysical, or soil science work or

42-24    specialty work that is not exempt from licensure under this Act is

42-25    offered or performed for others without the work being supervised

42-26    or performed by a licensed professional geologist, licensed

42-27    professional geophysicist, or licensed professional soil scientist

 43-1    or a geologist, geophysicist, or soil scientist certified in a

 43-2    specialty of geology, geophysics, or soil science;

 43-3                (9)  uses public geological, geophysical, or soil

 43-4    science work performed by another person for a purpose that

 43-5    violates this Act; or

 43-6                (10)  otherwise violates this Act or a rule adopted by

 43-7    the board under this Act.

 43-8          (b)  An offense under this section is a Class A misdemeanor.

 43-9          SECTION 43.  TRANSITION.  (a)  An applicant who applies for a

43-10    license under this Act before September 1, 1998, may be qualified

43-11    for licensure without written examination if the applicant has:

43-12                (1)  graduated from an accredited institution of higher

43-13    education acceptable to the board with a bachelor of science or

43-14    bachelor of arts or higher degree and a major in geology or

43-15    geoscience if the application is for certification as a geologist,

43-16    a major in geophysics, geophysical science, or another discipline

43-17    the board determines to be relevant to geophysics if the

43-18    application is for certification as a geophysicist, or a major in

43-19    soil science if the application is for certification as a soil

43-20    scientist; or

43-21                (2)  graduated from an accredited institution of higher

43-22    education in a four-year academic degree program other than

43-23    geology, geoscience, geophysics, or soil science, as appropriate,

43-24    but has completed the required number of course hours to qualify as

43-25    a geologist, geophysicist, or soil scientist or in a specialty of

43-26    geology, geophysics, or soil science and has experience consisting

43-27    of not less than six years of professional practice in geology,

 44-1    geophysics, or soil science, as appropriate, acceptable to the

 44-2    board completed before the date of application for licensure under

 44-3    this section.

 44-4          (b)  An applicant for certification in a specialty who

 44-5    applies before the first anniversary of the date the board

 44-6    officially recognizes the specialty under this Act may be qualified

 44-7    for certification in that specialty without written examination if

 44-8    the applicant:

 44-9                (1)  is licensed under this Act as a geologist,

44-10    geophysicist, or soil scientist in this state; and

44-11                (2)  has experience consisting of not less than six

44-12    years of professional practice acceptable to the board in the

44-13    applicable specialty of geology, geophysics, or soil science

44-14    completed before the date of application for certification in a

44-15    specialty under this section.

44-16          (c)  An initial member of the board who is required to be a

44-17    licensed professional geologist, geophysicist, or soil scientist

44-18    must be qualified for licensure or certification under Subsections

44-19    (a) and (b) of this section.

44-20          (d)  The governor shall make the initial appointments to the

44-21    board before November 1, 1997.  The board shall hold its first

44-22    meeting before January 1, 1998.  The initial appointments to the

44-23    board shall be made as follows:

44-24                (1)  three members shall be appointed for terms

44-25    expiring in 1999;

44-26                (2)  three members shall be appointed for terms

44-27    expiring in 2001; and

 45-1                (3)  three members shall be appointed for terms

 45-2    expiring in 2003.

 45-3          (e)  The board shall adopt rules under this Act not later

 45-4    than November 30, 1998.

 45-5          (f)  A person is not required to obtain a certificate of

 45-6    licensure under this Act until January 1, 1999.

 45-7          SECTION 44.  EFFECTIVE DATE.  This Act takes effect September

 45-8    1, 1997, except that Sections 18 and 42 of this Act take effect

 45-9    January 1, 1999.

45-10          SECTION 45.  EMERGENCY.  The importance of this legislation

45-11    and the crowded condition of the calendars in both houses create an

45-12    emergency and an imperative public necessity that the

45-13    constitutional rule requiring bills to be read on three several

45-14    days in each house be suspended, and this rule is hereby suspended.