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.