1-1     By:  Brown                                             S.B. No. 486

 1-2           (In the Senate - Filed February 6, 1997; February 11, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     April 8, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 11, Nays 2; April 8, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 486               By:  Armbrister

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the regulation of geologists, geophysicists, and soil

1-11     scientists; providing an administrative and a criminal penalty.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  SHORT TITLE.  This Act may be cited as the

1-14     Geoscientist Licensing Act.

1-15           SECTION 2.  PURPOSE.  In order to safeguard the interests of

1-16     the citizens of this state, to promote the public welfare, and to

1-17     protect the environment, the public practice of geology,

1-18     geophysics, and soil science in this state is declared to be

1-19     subject to regulation in the public interest.

1-20           SECTION 3.  DEFINITIONS.  In this Act:

1-21                 (1)  "Board" means the Board of Licensure for

1-22     Geologists, Geophysicists, and Soil Scientists.

1-23                 (2)  "Board certified specialty geologist" means a

1-24     licensed professional geologist who has met the academic and

1-25     experience qualifications in a specialty of geology established

1-26     under this Act and has been certified in that specialty by the

1-27     board.

1-28                 (3)  "Board certified specialty geophysicist" means a

1-29     licensed professional geophysicist who has met the academic and

1-30     experience qualifications in a specialty of geophysics established

1-31     under this Act and has been certified in that specialty by the

1-32     board.

1-33                 (4)  "Board certified specialty soil scientist" means a

1-34     licensed professional soil scientist who has met the academic and

1-35     experience qualifications in a specialty of soil science

1-36     established under this Act and has been certified in that specialty

1-37     by the board.

1-38                 (5)  "Certified geologist" means a geologist who has

1-39     been certified by a professional geological organization, society,

1-40     or association that has certification requirements that have been

1-41     recognized by the board, including the American Association of

1-42     Petroleum Geologists (AAPG), the American Institute of Professional

1-43     Geologists (AIPG), and the Society of Independent Professional

1-44     Earth Scientists (SIPES).

1-45                 (6)  "Certified geophysicist" means a geophysicist who

1-46     has been certified by a professional geophysical organization,

1-47     society, or association that has certification requirements that

1-48     have been recognized by the board.

1-49                 (7)  "Certified soil scientist" means a soil scientist

1-50     who has been certified by a professional soil science organization,

1-51     society, or association that has certification requirements that

1-52     have been recognized by the board, including the Soil Science

1-53     Society of America and the American Registry of Certified

1-54     Professionals in Agronomy, Crops, and Soils (ARCPACS).

1-55                 (8)  "Geological subordinate" means a person who

1-56     assists in the practice of geology, or an exempt person practicing

1-57     geology, without assuming the responsible charge of the work.

1-58                 (9)  "Geologist" means a person qualified to engage in

1-59     the practice of geology by reason of the person's knowledge of

1-60     geology, mathematics, and the supporting physical and life

1-61     sciences, acquired through education and practical experience.

1-62                 (10)  "Geology" means the science of the earth and its

1-63     origin and history, the investigation of the earth's constituent

1-64     rocks, minerals, fossil fuels, solids, and fluids, and the study of

 2-1     the natural and introduced agents, forces, and processes that cause

 2-2     changes in and on the earth.

 2-3                 (11)  "Geophysical subordinate" means a person who

 2-4     assists in the practice of geophysics, or an exempt person

 2-5     practicing geophysics, without assuming the responsible charge of

 2-6     the work.

 2-7                 (12)  "Geophysicist" means a person qualified to engage

 2-8     in the practice of geophysics by reason of the person's knowledge

 2-9     of geophysics, mathematics, physics, and the supporting physical

2-10     and life sciences, acquired through education and practical

2-11     experience.

2-12                 (13)  "Geophysics" means the science of the study of

2-13     the physical earth by means of measuring its natural and induced

2-14     fields of force, including electricity, gravity, and magnetism, and

2-15     its responses to natural and induced energy and the interpretation

2-16     of these measurements, and relating these measurements to the

2-17     physics of the earth.

2-18                 (14)  "Public practice of geology" means the

2-19     performance before the public of geological services or work

2-20     affecting the public health and safety, including consulting,

2-21     investigating, evaluating, planning, mapping, and inspecting

2-22     geological work, and the responsible supervision of those tasks.

2-23                 (15)  "Public practice of geophysics" means the

2-24     performance before the public of geophysical services or work

2-25     affecting the public health and safety, including consulting,

2-26     investigating, evaluating, planning, mapping, and inspecting

2-27     geophysical work, and the responsible supervision of those tasks.

2-28                 (16)  "Public practice of soil science" means the

2-29     performance before the public of soil science services or work

2-30     affecting the public health and safety, including consulting,

2-31     investigating, evaluating, planning, mapping, and inspecting soil

2-32     science work, and the responsible supervision of those tasks.

2-33                 (17)  "Licensed professional geologist" means a

2-34     geologist who has met the academic and experience qualifications of

2-35     this Act and who has been issued a license as a licensed

2-36     professional geologist by the board.

2-37                 (18)  "Licensed professional geophysicist" means a

2-38     geophysicist who has met the academic and experience qualifications

2-39     of this Act and who has been issued a license as a licensed

2-40     professional geophysicist by the board.

2-41                 (19)  "Licensed professional soil scientist" means a

2-42     soil scientist who has met the academic and experience

2-43     qualifications of this Act and who has been issued a license as a

2-44     licensed professional soil scientist by the board.

2-45                 (20)  "Responsible charge" means the independent

2-46     control and direction of geological, geophysical, or soil science

2-47     work or the supervision of geological, geophysical, or soil science

2-48     work by the use of initiative, skill, and independent judgment.

2-49                 (21)  "Soil science" means the science of soils, their

2-50     classification, origin, and history, the investigation of physical,

2-51     chemical, mineralogical, morphological, and biological

2-52     characteristics of soils, and the study of natural and introduced

2-53     agents, forces, and processes that cause changes in and on the

2-54     soil.

2-55                 (22)  "Soil science subordinate" means a person who

2-56     assists in the practice of soil science, or an exempt person

2-57     practicing soil science, without assuming the responsible charge of

2-58     the work.

2-59                 (23)  "Soil scientist" means a person qualified to

2-60     engage in the practice of soil science by reason of the person's

2-61     knowledge of soil science and the supporting chemical, physical,

2-62     and biological sciences acquired through education and practical

2-63     experience.

2-64                 (24)  "Geoscientist" means a person qualified to engage

2-65     in the practice in one of the collective disciplines of the

2-66     geological sciences, including geology, geophysics, and soil

2-67     science, and specialty practices of each.

2-68                 (25)  "Specialty" means a branch of geology,

2-69     geophysics, or soil science that has been recognized by the board

 3-1     for specialty certification.

 3-2                 (26)  "Practice of specialty geology" means the

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

 3-4     including consulting, investigating, evaluating, planning, mapping,

 3-5     and inspecting geological work and the responsible supervision of

 3-6     those tasks in the commonly recognized specialty geological

 3-7     practices, including engineering geology, hydrogeology, and

 3-8     environmental geology.

 3-9                 (27)  "Practice of specialty geophysics" means the

3-10     performance before the public of geophysical services or work

3-11     including consulting, investigating, evaluating, planning, mapping,

3-12     and inspecting geophysical work and the responsible supervision of

3-13     those tasks in the commonly recognized specialty geophysical

3-14     practices, including engineering geophysics, hydrogeophysics, and

3-15     environmental geophysics.

3-16                 (28)  "Practice of specialty soil science" means the

3-17     performance before the public of soil science services or work

3-18     including consulting, investigating, evaluating, planning, mapping,

3-19     and inspecting soil science work and the responsible supervision of

3-20     those tasks in commonly recognized specialty soil science

3-21     practices, including soil survey, soil classification, and

3-22     environmental soil science.

3-23                 (29)  "Performance before the public" means:

3-24                       (A)  providing professional geological,

3-25     geophysical, or soil science services:

3-26                             (i)  to a governmental entity in the State

3-27     of Texas;

3-28                             (ii)  to comply with rules or regulations

3-29     established by Texas governmental entities for the express purpose

3-30     of protecting the health, safety, and welfare of the citizens of

3-31     Texas; and

3-32                             (iii)  to the public, firms, or

3-33     corporations in Texas where the practitioner assumes the ultimate

3-34     liability for the work product.

3-35                       (B)  Performance before the public does not

3-36     include services provided for the express use of a corporation or

3-37     firm by an employee or consultant where the corporation or firm

3-38     assumes the ultimate liability for the work product.

3-39           SECTION 4.  BOARD OF LICENSURE FOR GEOLOGISTS, GEOPHYSICISTS,

3-40     AND SOIL SCIENTISTS.  (a)  The Board of Licensure for Geologists,

3-41     Geophysicists, and Soil Scientists is created to administer the

3-42     provisions of this Act.

3-43           (b)  The board is composed of nine members, who are appointed

3-44     by the governor with the advice and consent of the senate.

3-45           (c)  Five members of the board must be geologists licensed

3-46     under this Act, two of whom must be board certified in a specialty

3-47     of geology recognized under this Act.  One member of the board must

3-48     be a geophysicist licensed under this Act, and one member of the

3-49     board must be a soil scientist licensed under this Act.  To the

3-50     extent possible, the composition of the geologists, geophysicists,

3-51     and soil scientists licensed under this Act serving on the board

3-52     must be representative of the occupational distribution of

3-53     geologists, geophysicists, and soil scientists licensed under this

3-54     Act.

3-55           (d)  Two members of the board must be members of the general

3-56     public.

3-57           (e)  A member of the board must be a citizen of the United

3-58     States, must have been a resident of this state for at least three

3-59     years preceding appointment, and must be at least 25 years of age.

3-60           (f)  Members of the board serve staggered six-year terms with

3-61     the terms of three members expiring February 1 of each odd-numbered

3-62     year.

3-63           (g)  A member of the board may not serve more than two

3-64     consecutive full terms.

3-65           (h)  The Board of Licensure for Geologists, Geophysicists,

3-66     and Soil Scientists is subject to Chapter 325, Government Code

3-67     (Texas Sunset Act). Unless continued in existence as provided by

3-68     that chapter, the board is abolished and this Act expires September

3-69     1, 2007.

 4-1           SECTION 5.  RESTRICTIONS ON PUBLIC MEMBERSHIP.  A person is

 4-2     not eligible for appointment as a public member of the board if the

 4-3     person or the person's spouse:

 4-4                 (1)  is licensed, certified, or registered by an

 4-5     occupational regulatory agency in the practice of geology,

 4-6     geophysics, or soil science;

 4-7                 (2)  is employed by or participates in the management

 4-8     of a business entity or other organization regulated by the board

 4-9     or receiving funds from the board;

4-10                 (3)  owns or controls, directly or indirectly, more

4-11     than a 10 percent interest in a business entity or other

4-12     organization regulated by the board or receiving funds from the

4-13     board; or

4-14                 (4)  uses or receives a substantial amount of tangible

4-15     goods, services, or funds from the board, other than compensation

4-16     or reimbursement authorized by law for board membership,

4-17     attendance, or expenses.

4-18           SECTION 6.  CONFLICTS OF INTEREST.  (a)  An officer,

4-19     employee, or paid consultant of a Texas trade association in the

4-20     practice of geology, geophysics, or soil science may not be a

4-21     member of the board or employee of the board who is exempt from the

4-22     state's position classification plan or is compensated at or above

4-23     the amount prescribed by the General Appropriations Act for step 1,

4-24     salary group 17, of the position classification salary schedule.

4-25           (b)  A person who is the spouse of an officer, manager, or

4-26     paid consultant of a Texas trade association in the field of

4-27     geology, geophysics, or soil science may not be a member of the

4-28     board and may not be an employee of the board who is exempt from

4-29     the state's position classification plan or is compensated at or

4-30     above the amount prescribed by the General Appropriations Act for

4-31     step 1, salary group 17, of the position classification salary

4-32     schedule.

4-33           (c)  For the purposes of this section, a Texas trade

4-34     association is a nonprofit, cooperative, and voluntarily joined

4-35     association of business or professional competitors in this state

4-36     designed to assist its members and its industry or profession in

4-37     dealing with mutual business or professional problems and in

4-38     promoting their common interest.

4-39           SECTION 7.  LOBBYIST RESTRICTION.  A person may not serve as

4-40     a member of the board or act as the general counsel to the board if

4-41     the person is required to register as a lobbyist under Chapter 305,

4-42     Government Code, because of the person's activities for

4-43     compensation on behalf of a profession related to the operation of

4-44     the board.

4-45           SECTION 8.  REMOVAL FROM BOARD.  It is a ground for removal

4-46     from the board if:

4-47                 (1)  the member is no longer qualified for appointment

4-48     to the board;

4-49                 (2)  the member engages in misconduct, is determined to

4-50     be incompetent, neglects the member's official duties, or engages

4-51     in malfeasance;

4-52                 (3)  the member commits a felony or a violation of this

4-53     Act resulting in disciplinary action;

4-54                 (4)  the member fails without excuse to attend at least

4-55     half of the regularly scheduled meetings held in a calendar year

4-56     while the member is a member of the board; or

4-57                 (5)  other good and sufficient cause for removal

4-58     exists.

4-59           SECTION 9.  OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC

4-60     PARTICIPATION.  (a)  The board is subject to Chapters 551 and 2001,

4-61     Government Code.

4-62           (b)  The board shall develop and implement policies that

4-63     provide the public with a reasonable opportunity to appear before

4-64     the board and to speak on any issue under the jurisdiction of the

4-65     board.

4-66           SECTION 10.  VACANCY.  If a vacancy on the board occurs, the

4-67     governor shall appoint a member to fill the unexpired term as

4-68     provided by this Act.

4-69           SECTION 11.  COMPENSATION.  A member of the board is entitled

 5-1     to a per diem as set by the legislature for each day that the

 5-2     member engages in the business of the board.  A member of the board

 5-3     is entitled to reimbursement for transportation and other expenses

 5-4     incurred in connection with the business of the board.

 5-5           SECTION 12.  IMMUNITY FROM CIVIL LIABILITY.  A member or

 5-6     former member of the board or an agent, employee, or member of any

 5-7     advisory committee appointed by the board under this Act is immune

 5-8     from civil liability for any act or omission that occurred in the

 5-9     person's official capacity.  The attorney general shall defend a

5-10     person immune under this section in an action brought against the

5-11     board or the person for an alleged act or omission by the person.

5-12           SECTION 13.  MEETINGS; OFFICERS OF BOARD.  (a)  The board

5-13     shall hold two or more regular meetings in each calendar year.  A

5-14     special meeting may be held at a time permitted by rule of the

5-15     board.

5-16           (b)  The board shall elect annually from its own membership a

5-17     chair, vice chair, and secretary-treasurer, none of whom may hold

5-18     office for more than two consecutive one-year terms.  The board may

5-19     appoint an assistant secretary and other assistant officers who are

5-20     not members of the board to assist the board and exercise its

5-21     authority in carrying out its duties and responsibilities.

5-22           (c)  A majority of the board constitutes a quorum.

5-23           (d)  Minutes of each meeting of the board, recording the

5-24     members present and the business conducted, shall be signed and

5-25     kept by the secretary-treasurer or an assistant secretary appointed

5-26     by the board.

5-27           SECTION 14.  POWERS AND DUTIES OF BOARD.  (a)  The board may:

5-28                 (1)  adopt and enforce rules consistent with this Act

5-29     and necessary for the performance of its duties;

5-30                 (2)  set reasonable and necessary fees to be charged

5-31     applicants and licensees under this Act; and

5-32                 (3)  recognize and establish specialty branches of

5-33     geological, geophysical, and soil science practice and establish

5-34     qualifications, conduct examinations, and certify specialties for

5-35     qualified applicants.

5-36           (b)  The board may prepare, administer, and grade oral and

5-37     written examinations required or permitted under this Act.  The

5-38     board may adopt or recognize, in part or in whole, examinations

5-39     prepared, administered, or graded by other organizations, on a

5-40     regional or national basis, that the board determines appropriate

5-41     to measure the qualifications of an applicant for licensure as a

5-42     geologist, geophysicist, or soil scientist or certification in a

5-43     specialty of geology, geophysics, or soil science if:

5-44                 (1)  the examination questions, the correct answers,

5-45     and an individual applicant's completed examination are available

5-46     to the board; and

5-47                 (2)  the board retains the authority to determine a

5-48     passing grade for licensure in this state.

5-49           (c)  The board shall issue, renew, and reinstate licenses as

5-50     provided by this Act.  As a condition for renewal of a license, the

5-51     board may require evidence of the competence of an applicant for

5-52     renewal by requiring the applicant to participate in continuing

5-53     professional education on a periodic or other basis.  As a

5-54     condition for reinstatement, the board may require evidence of the

5-55     competence of an applicant for reinstatement in the practice of

5-56     geology, geophysics, or soil science by reviewing the applicant's

5-57     qualifications and experience, by requiring continuing professional

5-58     education, by conducting a reexamination on a periodic or other

5-59     basis, or by other appropriate means.

5-60           (d)  The board, by rule, shall adopt a code of professional

5-61     conduct that is binding on all licensees under this Act.  The board

5-62     may enforce the code by imposing sanctions as provided by this Act.

5-63           (e)  The board shall investigate all complaints of violations

5-64     of this Act as provided by this Act.

5-65           (f)  The board may refuse to issue or renew or may suspend or

5-66     revoke a license and may impose sanctions including restrictions on

5-67     the practice of a licensee or a person, firm, or corporation

5-68     practicing under this Act for a violation of this Act or a rule

5-69     adopted under this Act.

 6-1           (g)  The board may administer oaths and affirmations and

 6-2     issue subpoenas to compel the attendance of witnesses and the

 6-3     production of evidence.

 6-4           (h)  The board may issue cease and desist orders and seek

 6-5     injunctions against a violation of this Act or a rule adopted under

 6-6     this Act.

 6-7           (i)  The board shall recognize the use of the designations

 6-8     "Certified Professional Geologist" or "C.P.G." as used by the AIPG,

 6-9     "Certified Petroleum Geologist" or "C.P.G." as used by the AAPG,

6-10     "Certified Earth Scientist" or "C.E.S." as used by SIPES, and

6-11     "Certified Professional Soil Scientist" or "C.P.S.S." as used by

6-12     the ARCPACS and the use of the designation "Certified Geologist,"

6-13     "Certified Geophysicist," "Certified Soil Scientist," or any

6-14     similar designation used by a professional geological, geophysical,

6-15     or soil science organization, society, or association recognized by

6-16     the board, if:

6-17                 (1)  the organization's, society's, or association's

6-18     requirements for certification are comparable to the educational

6-19     and experience requirements of this Act and are otherwise

6-20     acceptable to the board;

6-21                 (2)  the full name or recognized abbreviation of the

6-22     organization, society, or association granting the certification is

6-23     stated following or in conjunction with the use of the designation

6-24     or abbreviation; and

6-25                 (3)  the designation or abbreviation is not used in a

6-26     manner that is misleading or that creates an impression that the

6-27     person is licensed to practice geology, geophysics, or soil science

6-28     before the public unless the person is licensed under this Act.

6-29           (j)  The board shall recognize the use of the designations

6-30     "geological engineer," "geotechnical engineer," "hydraulic

6-31     engineer," and "agricultural engineer" as legitimate engineering

6-32     titles separate from geology, geophysics, or soil science or a

6-33     specialty of geology, geophysics, or soil science and requiring

6-34     registration as a professional engineer.

6-35           (k)  The board may enter into agreements with boards of

6-36     licensure or registration in other states and other appropriate

6-37     organizations, societies, associations, and agencies to develop

6-38     uniform standards for:

6-39                 (1)  the licensure of geologists, geophysicists, and

6-40     soil scientists;

6-41                 (2)  accrediting educational programs;

6-42                 (3)  establishing reciprocity and temporary licenses;

6-43                 (4)  developing regional or national examinations;

6-44                 (5)  evaluating applicants; and

6-45                 (6)  other purposes consistent with this Act.

6-46           (l)  The board may appoint committees, employ personnel,

6-47     employ contractors and consultants, lease or purchase furnishings,

6-48     equipment, and supplies, lease office space, and incur other

6-49     similar expenses in connection with the administration of this Act.

6-50           SECTION 15.  EXECUTIVE DIRECTOR; OFFICES.  (a)  The board

6-51     shall appoint an executive director, who shall be responsible for

6-52     managing the day-to-day affairs of the board, including:

6-53                 (1)  arranging for and supervising the necessary

6-54     support, secretarial, and clerical services;

6-55                 (2)  obtaining space for holding examinations,

6-56     meetings, and conferences;

6-57                 (3)  printing or purchasing examinations;

6-58                 (4)  printing and mailing forms, information, and

6-59     certificates;

6-60                 (5)  sending notices, collecting fees, and issuing

6-61     receipts;

6-62                 (6)  conducting the correspondence of the board,

6-63     including replying to routine requests for information;

6-64                 (7)  maintaining the minutes and records of the board;

6-65                 (8)  keeping records of receipts and disbursements; and

6-66                 (9)  providing necessary investigative services.

6-67           (b)  The board shall maintain an official office and address

6-68     within the city of Austin to conduct its business.

6-69           SECTION 16.  RECEIPTS AND DISBURSEMENTS; FUND.  (a)  The

 7-1     executive director shall receive, administer, and account for all

 7-2     money received under this Act and shall transfer the funds to the

 7-3     comptroller.

 7-4           (b)  All funds paid to the board under this Act shall be

 7-5     deposited in  a special fund, known as the "geoscientists fund."

 7-6     The geoscientists fund shall be maintained in accordance with the

 7-7     accounting procedures of, and shall be subject to audit by, the

 7-8     state auditor.  Interest earned on money deposited in the

 7-9     geoscientists fund shall be credited to the geoscientists fund.

7-10           (c)  All expenses incurred by the board in the administration

7-11     and enforcement of this Act shall be paid from the geoscientists

7-12     fund.

7-13           (d)  The executive director shall file an annual report of

7-14     all receipts, expenditures, and fund balances with the comptroller.

7-15           (e)  The expenses and income shall be balanced and subject to

7-16     yearly audits by the state auditor.  Any unexpended balance

7-17     remaining in the geoscientists fund at the end of the fiscal year

7-18     lapses to the general revenue fund.

7-19           SECTION 17.  ROSTER AND SPECIALTIES LIST.  (a)  The board

7-20     shall maintain a roster stating the name and place of business of

7-21     each licensed professional geologist, geophysicist, and soil

7-22     scientist and board certified specialty geologist, geophysicist,

7-23     and soil scientist practicing under a license issued by the board.

7-24     Copies of the roster shall be kept on file with the board and shall

7-25     be furnished on request to a state agency, a county or municipal

7-26     clerk or building official, and a licensee.  A copy of the roster

7-27     shall also be furnished to any person on written request, subject

7-28     to payment of a reasonable fee set by the board and any applicable

7-29     state taxes.

7-30           (b)  The board shall maintain a list of recognized

7-31     specialties of geology, geophysics, and soil science in which

7-32     certification is recognized by the board under this Act and

7-33     professional geological, geophysical, and  soil science

7-34     organizations, societies, and associations recognized by the board.

7-35           (c)  The board shall maintain a list of each state,

7-36     territory, or possession of the United States, the District of

7-37     Columbia, and each foreign country in which the requirements and

7-38     qualifications for licensure or registration are comparable to

7-39     those established in this state and with which a reciprocity

7-40     agreement exists.

7-41           SECTION 18.  LICENSURE REQUIRED.  (a)  Unless exempted by

7-42     this Act, a person may not engage in the public practice of

7-43     geology, geophysics, or soil science or a specialty of geology,

7-44     geophysics, or soil science without a license issued under this

7-45     Act.

7-46           (b)  A person may not use the term "licensed professional

7-47     geologist," "licensed professional geophysicist," or "licensed

7-48     professional soil scientist," claim to have a specialty in geology,

7-49     geophysics, or soil science as part of a professional, business, or

7-50     commercial identification or title, or otherwise hold out to the

7-51     public that the person is qualified to practice as a geologist,

7-52     geophysicist, or soil scientist or to engage in the public practice

7-53     of geology, geophysics, or soil science or a specialty of geology,

7-54     geophysics, or soil science unless the person is licensed under

7-55     this Act.

7-56           (c)  A person may not prepare or supervise the preparation of

7-57     a geological, geophysical, or soil science report or a geological,

7-58     geophysical, or soil science portion of a report required by

7-59     municipal or county ordinance, state or federal law, state agency

7-60     rule, or federal regulation that incorporates or is based on a

7-61     geological, geophysical, or soil study or geological, geophysical,

7-62     or soil data unless the person is licensed as a geologist,

7-63     geophysicist, or soil scientist under this Act.

7-64           (d)  The state or a political subdivision of the state may

7-65     not contract for geological, geophysical, or soil science services

7-66     with a person other than a person licensed under this Act or with a

7-67     business entity other than a business entity that employs

7-68     geologists, geophysicists, or soil scientists licensed under this

7-69     Act who shall be responsible for the geological, geophysical, or

 8-1     soil science work performed by the business entity.  The term

 8-2     "contract" as used in this subsection does not include the

 8-3     relationship between a state agency or political subdivision and

 8-4     its employees.  Geological, geophysical, or soil science work

 8-5     performed by employees or contractors of a state agency or

 8-6     political subdivision must be performed in accordance with the

 8-7     requirements of Subsection (c) of this section.

 8-8           SECTION 19.  APPLICATION REQUIREMENTS.  (a)  An applicant for

 8-9     licensure as a geologist, geophysicist, or soil scientist in a

8-10     specialty of geology, geophysics, or soil science or for temporary

8-11     or reciprocal licensure must apply on a form prescribed by the

8-12     board that is signed and sworn to by the applicant before a notary

8-13     public.

8-14           (b)  An application must be accompanied by the appropriate

8-15     application fee and include:

8-16                 (1)  information concerning the applicant's education;

8-17                 (2)  a detailed summary of the applicant's geological,

8-18     geophysical, or soil science work experience, including work in a

8-19     specialty in which the applicant seeks certification;

8-20                 (3)  a signed statement that the applicant has read and

8-21     will comply with the code of professional conduct; and

8-22                 (4)  not fewer than five reference letters, of which

8-23     not fewer than three are from geologists, geophysicists, or soil

8-24     scientists having personal knowledge of the applicant's geological,

8-25     geophysical, or soil science experience.

8-26           (c)  An applicant must pay a fee for application,

8-27     examination, licensure, and renewal of a license, in addition to

8-28     any other fee required by the board.

8-29           SECTION 20.  GEOLOGIST LICENSING REQUIREMENTS.  To be

8-30     licensed as a geologist, an applicant must:

8-31                 (1)  be of good moral and ethical character as attested

8-32     to by letters of reference submitted on behalf of the applicant or

8-33     as otherwise determined by the board;

8-34                 (2)  have graduated from a course of study in geology

8-35     or geoscience satisfactory to the board or from a program

8-36     accredited by an organization recognized by the board, of four or

8-37     more years' duration including at least 30 semester or 45 quarter

8-38     hours of credit, with a major in geology or geoscience or a

8-39     geological specialty or have satisfactorily completed other

8-40     equivalent educational requirements as determined by the board;

8-41                 (3)  have a documented record of a minimum of four

8-42     years of satisfactory work experience in geology or a specialty of

8-43     geology obtained after completing the academic requirements of a

8-44     bachelor of science degree from an approved or accredited college

8-45     or university or have a documented record of not less than six

8-46     years of satisfactory work experience in geology or a specialty of

8-47     geology obtained after completing the academic requirements of a

8-48     bachelor of arts degree from an approved or accredited college or

8-49     university that demonstrates that the applicant is qualified to

8-50     assume responsible charge for geological work on licensure as a

8-51     geologist, two years of such work experience may be required by the

8-52     board to have been gained under the supervision of a geologist

8-53     licensed in this state or another state or gained under the

8-54     supervision of another person who, in the opinion of the board, is

8-55     qualified to have responsible charge of geological work;

8-56                 (4)  have passed an examination covering the

8-57     fundamentals and practice of geology required by the board; and

8-58                 (5)  meet other general or individual requirements

8-59     established by the board under this Act.

8-60           SECTION 21.  GEOPHYSICIST LICENSING REQUIREMENTS.  To be

8-61     licensed as a geophysicist, an applicant must:

8-62                 (1)  be of good moral and ethical character as attested

8-63     to by letters of reference submitted on behalf of the applicant or

8-64     as otherwise determined by the board;

8-65                 (2)  have graduated from a course of study in

8-66     geophysics, geophysical science, or another discipline that in the

8-67     board's opinion is relevant to geophysics or from a program

8-68     accredited by an organization recognized by the board, of four or

8-69     more years' duration including at least 30 semester or 45 quarter

 9-1     hours of credit, with a major in geophysics or geoscience or a

 9-2     geophysical specialty or have satisfactorily completed other

 9-3     equivalent educational requirements as determined by the board;

 9-4                 (3)  have a documented record of a minimum of four

 9-5     years of satisfactory work experience in geophysics or a specialty

 9-6     of geophysics obtained after completing the academic requirements

 9-7     of a bachelor of science degree from an approved or accredited

 9-8     institution of higher learning or have a documented record of not

 9-9     less than six years of satisfactory work experience in geophysics

9-10     or a specialty of geophysics obtained after completing the academic

9-11     requirements of a bachelor of arts degree from an approved or

9-12     accredited college or university that demonstrates that the

9-13     applicant is qualified to assume responsible charge for geophysical

9-14     work on licensure as a geophysicist, two years of such work

9-15     experience may be required by the board to have been gained under

9-16     the supervision of a geophysicist licensed in this state or another

9-17     state or gained under the supervision of another person who, in the

9-18     opinion of the board, is qualified to have responsible charge of

9-19     geophysical work;

9-20                 (4)  have passed an examination covering the

9-21     fundamentals and practice of geophysics required by the board; and

9-22                 (5)  meet other general or individual requirements

9-23     established by the board under this Act.

9-24           SECTION 22.  SOIL SCIENTIST LICENSING REQUIREMENTS.  To be

9-25     licensed as a soil scientist, an applicant must:

9-26                 (1)  be of good moral and ethical character as attested

9-27     to by letters of reference submitted on behalf of the applicant or

9-28     as otherwise determined by the board;

9-29                 (2)  have graduated from a course of study in soil

9-30     science satisfactory to the board or from a program accredited by

9-31     an organization recognized by the board, of four or more years'

9-32     duration and including at least 30 semester or 45 quarter hours of

9-33     credit, with a major in soil science, or have satisfactorily

9-34     completed other equivalent educational requirements as determined

9-35     by the board;

9-36                 (3)  have a documented record of a minimum of four

9-37     years of satisfactory work experience in soil science after

9-38     completing the academic requirements of a bachelor of science

9-39     degree from an approved or accredited institution of higher

9-40     learning that demonstrates that the applicant is qualified to

9-41     assume responsible charge for soil science work on licensure as a

9-42     soil scientist, two years of such work experience may be required

9-43     by the board to have been gained under the supervision of a soil

9-44     scientist licensed in this state or another state or gained under

9-45     the supervision of another person who, in the opinion of the board,

9-46     is qualified to have responsible charge of soil science work;

9-47                 (4)  have passed a Soil Science Society of America

9-48     examination or an equivalent examination covering the fundamentals

9-49     and practice of soil science required by the board; and

9-50                 (5)  meet other general or individual requirements

9-51     established by the board under this Act.

9-52           SECTION 23.  REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR

9-53     SOIL SCIENCE SPECIALTY CERTIFICATION.  An applicant for

9-54     certification in a geological, geophysical, or soil science

9-55     specialty must meet the following requirements in addition to

9-56     meeting the requirements of Section 20, 21, or 22 of this Act, as

9-57     appropriate:

9-58                 (1)  successful completion of 12 semester or 16 quarter

9-59     hours of advanced study in the specialty at an academic institution

9-60     acceptable to the board or completion of an equivalent amount of

9-61     professional experience acceptable to the board;

9-62                 (2)  have experience including a documented record of

9-63     six or more years of experience with not less than four years in

9-64     the specialty after completing the academic requirements of this

9-65     section in geological, geophysical, or soil science work, as

9-66     appropriate, of a nature satisfactory to the board that

9-67     demonstrates that the applicant is qualified to assume responsible

9-68     charge of the specialty work on certification in the specialty and

9-69     not less than two years of the experience gained under the

 10-1    supervision of a geologist, geophysicist, or soil scientist

 10-2    certified in the specialty in this state or another state or under

 10-3    the supervision of another person whom the board determines to be

 10-4    qualified to have responsible charge of geological, geophysical, or

 10-5    soil science work in the specialty or, as an alternative to the two

 10-6    years of experience under the supervision of a geologist,

 10-7    geophysicist, or soil scientist certified in the specialty, the

 10-8    board may accept three reference letters from board certified

 10-9    specialty geologists, geophysicists, or soil scientists in the

10-10    specialty; and

10-11                (3)  have passed an examination required by the board

10-12    in the specialty.

10-13          SECTION 24.  QUALIFYING EXPERIENCE.  The following standards

10-14    shall be applied in evaluating the experience of an applicant for

10-15    licensure in the practice of geology, geophysics, or soil science

10-16    or for a specialty certification under Sections 20 through 23 of

10-17    this Act:

10-18                (1)  each year of professional practice acceptable to

10-19    the board, under the direct supervision of a geologist,

10-20    geophysicist, or soil scientist, as appropriate, who is licensed or

10-21    registered in this state or in another state under requirements for

10-22    licensure or registration that are comparable to those in this Act

10-23    or under the direct supervision of a geologist, geophysicist, or

10-24    soil scientist, as appropriate, who meets the educational and

10-25    experience requirements for licensure but is not required to be

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

10-27    experience in geology, geophysics, or soil science;

10-28                (2)  each year of professional specialty geological,

10-29    geophysical, or soil science practice acceptable to the board under

10-30    the direct supervision of a specialty geologist, specialty

10-31    geophysicist, or specialty soil scientist who is certified in the

10-32    specialty under this Act or who is licensed, registered, or

10-33    certified as a specialty geologist, specialty geophysicist, or

10-34    specialty soil scientist under comparable requirements in another

10-35    state, under a civil engineer or geological engineer licensed in

10-36    this state or another state, or under a specialty geologist,

10-37    specialty geophysicist, or specialty soil scientist who meets the

10-38    educational and experience requirements for licensure but is not

10-39    required to be licensed under this Act constitutes one year of

10-40    practice in a specialty in geology, geophysics, or soil science;

10-41    and

10-42                (3)  a year of experience in professional practice

10-43    acceptable to the board and acquired before September 1, 1998,

10-44    constitutes one year of experience in professional practice if the

10-45    experience:

10-46                      (A)  was acquired under the direct supervision of

10-47    a geologist, geophysicist, or soil scientist, as appropriate, who

10-48    meets the educational and experience requirements for licensure

10-49    under this Act or is licensed or registered under comparable

10-50    requirements in another state; or

10-51                      (B)  would constitute the responsible charge of

10-52    professional work in geology, geophysics, or soil science, as

10-53    appropriate, as determined by the board.

10-54          SECTION 25.  GRADUATE STUDY, RESEARCH, AND TEACHING

10-55    EXPERIENCE.  (a)  Each year of full-time graduate study in the

10-56    geological, geophysical, or soil sciences or in a specialty of

10-57    geology, geophysics, or soil science that is acceptable to the

10-58    board constitutes one year of professional experience in geology,

10-59    geophysics, or soil science, or the applicable specialty of

10-60    geology, geophysics, or soil science.  No more than two years of

10-61    full-time graduate study may be accepted by the board for

10-62    professional experience for a single applicant.

10-63          (b)  The board may accept geological, geophysical, or soil

10-64    science research or teaching by a person studying geology,

10-65    geophysics, or soil science or a geological, geophysical, or soil

10-66    science specialty at the college or university level as qualifying

10-67    experience if the research or teaching, in the judgment of the

10-68    board, is comparable to experience obtained in the practice of

10-69    geology, geophysics, or soil science or a specialty of geology,

 11-1    geophysics, or soil science.

 11-2          SECTION 26.  LICENSURE WITHOUT EXAMINATION.  (a)  The board

 11-3    shall adopt rules relating to the licensure of a person holding a

 11-4    valid certificate of registration or license for the practice of

 11-5    geology, geophysics, or soil science or a recognized specialty of

 11-6    geology, geophysics, or soil science issued under the law of

 11-7    another state or a territory or possession of the United States,

 11-8    the District of Columbia, or a foreign country, without requiring

 11-9    the person to meet the examination requirements of Sections 20

11-10    through 23 of this Act.

11-11          (b)  The board may issue a license to an applicant who

11-12    provides proof of registration or licensure under requirements that

11-13    the board determines to be substantially similar to those

11-14    established by this Act and who pays the required fees.

11-15          SECTION 27.  TEMPORARY LICENSURE.  A person who is not a

11-16    resident of this state and does not have an established place of

11-17    business in this state who seeks to practice geology, geophysics,

11-18    or soil science in this state for a time not to exceed 90 days

11-19    after the date of licensure or an applicant for reciprocal

11-20    licensure who seeks to practice geology, geophysics, or soil

11-21    science pending a determination on the reciprocity application may

11-22    be issued a temporary license authorizing temporary practice in

11-23    this state if the person:

11-24                (1)  applies for temporary licensure to the board,

11-25    provides proof of licensure or registration in another state, the

11-26    District of Columbia, a territory or possession of the United

11-27    States, or a foreign country and pays the required fees;

11-28                (2)  agrees to comply with the signature requirements

11-29    of Subsection (b) of Section 34 of this Act and to affix the

11-30    person's seal from the jurisdiction where the person is registered

11-31    or licensed on all work completed while practicing under the

11-32    temporary license; and

11-33                (3)  files the required information and reports and

11-34    complies with other requirements established by the board

11-35    concerning the person's temporary practice.

11-36          SECTION 28.  WAIVER OF REQUIREMENTS.  (a)  In an individual

11-37    case, the board may waive any of the requirements for licensure by

11-38    a two-thirds vote of the entire board, except for the payment of a

11-39    required fee, on the written request of the applicant and on a

11-40    showing of good cause if the board determines that the applicant is

11-41    otherwise qualified for licensure as a geologist, geophysicist, or

11-42    soil scientist or for certification in a specialty of geology,

11-43    geophysics, or soil science.

11-44          (b)  The requirements waived under this section and the basis

11-45    for the waiver must be recorded in the applicant's record and in

11-46    the proceedings of the board.

11-47          SECTION 29.  DENIAL OF LICENSURE.  (a)  The board may deny

11-48    licensure for an applicant who fails to satisfy a requirement of

11-49    this Act or on a determination by the board that there is probable

11-50    cause to believe that an applicant has violated this Act or a

11-51    provision the licensee would be subject to in this Act or a

11-52    comparable provision in the licensure law or registration of

11-53    another state.

11-54          (b)  The board may not issue a license pending the

11-55    disposition of a complaint alleging a violation in this or another

11-56    state if the board has notice of the alleged violation.

11-57          (c)  An applicant who is denied licensure must be notified of

11-58    the reason for denial in writing not later than the 30th day after

11-59    the date of the board's decision.  Not later than the 30th day

11-60    after the date of receipt of the notice, the applicant may make a

11-61    written request for a hearing.  In the absence of a request for a

11-62    hearing, the board's action is final.

11-63          SECTION 30.  CONTINUING EDUCATION.  To renew a license as a

11-64    professional geologist, geophysicist, or soil scientist or

11-65    certification as a specialty geologist, geophysicist, or soil

11-66    scientist, an applicant for renewal must meet the continuing

11-67    education requirements for renewal established by the board.

11-68          SECTION 31.  CERTIFICATES AND SEALS.  (a)  The board shall

11-69    issue an appropriate license to a licensed professional geologist,

 12-1    geophysicist, or soil scientist and a specialty certification to an

 12-2    applicant who meets the requirements of this Act for licensure as a

 12-3    geologist, geophysicist, or soil scientist or for board

 12-4    certification in a specialty of geology, geophysics, or soil

 12-5    science on payment of the applicable licensure fee.

 12-6          (b)  The certificate must show the full name of the licensee,

 12-7    have a serial number, and be signed by an appropriate officer of

 12-8    the board under the board's seal.

 12-9          (c)  The issuance by the board of a license is prima facie

12-10    evidence that while the certificate is valid the person named on

12-11    the certificate is entitled to all rights and privileges of a

12-12    licensed professional geologist, geophysicist, or soil scientist,

12-13    or a board certified specialty geologist, geophysicist or soil

12-14    scientist and is entitled to practice geology, geophysics, or soil

12-15    science as a firm or corporation.

12-16          (d)  A certificate and seal issued to a holder of a specialty

12-17    certificate must:

12-18                (1)  clearly identify the specialty certification; and

12-19                (2)  be distinct from a certificate and seal issued to

12-20    a holder of a certificate who does not have a specialty

12-21    certificate.

12-22          SECTION 32.  LICENSE DURATION; EXPIRATION.  (a)  A license is

12-23    valid for a period not to exceed three years and expires according

12-24    to a schedule established by the board.

12-25          (b)  The board shall notify each certificate holder of the

12-26    date of expiration of the person's certificate and the amount of

12-27    the fee required for renewal not later than the 60th day before the

12-28    date of expiration.

12-29          (c)  On expiration, a certificate is invalid and may not be

12-30    renewed except as provided by this Act.

12-31          SECTION 33.  LICENSE RENEWAL.  (a)  The board shall renew or

12-32    reissue a license for a licensee who before the expiration date of

12-33    the certificate or within a period not to exceed 60 days after the

12-34    expiration as determined by the board:

12-35                (1)  submits the required renewal application and fee

12-36    and a penalty for late renewal if required; and

12-37                (2)  meets the requirements for renewal established by

12-38    the board.

12-39          (b)  The board, by rule, may establish conditions and fees

12-40    for the reissuance of licenses that have lapsed, expired, or been

12-41    suspended or revoked.

12-42          (c)  The board shall reissue a new certificate to replace any

12-43    license that has been lost, destroyed, or mutilated, subject to the

12-44    rules and fees adopted by the board.

12-45          SECTION 34.  LICENSEE'S SEAL.  (a)  On licensure, a licensee

12-46    must obtain a seal of a design established by the board bearing the

12-47    licensee's name, license number, the words "Licensed Professional

12-48    Geologist," "Licensed Professional Geophysicist," or "Licensed

12-49    Professional Soil Scientist" and words that indicate any specialty

12-50    in which the individual may be certified.

12-51          (b)  Geological, geophysical, and soil science reports,

12-52    documents, and other records as defined by the board that are

12-53    offered to the public and prepared or issued by or under the

12-54    supervision of a licensed professional geologist, geophysicist, or

12-55    soil scientist or by a subordinate under the supervision of a

12-56    licensed professional geologist, geophysicist, or soil scientist

12-57    must include the full name, signature, and license number of the

12-58    licensee who prepared the document or under whose supervision it

12-59    was prepared and an impression of the licensee's seal in accordance

12-60    with rules adopted by the board.  Documents that are required to be

12-61    prepared or issued by or under the direction of a geologist,

12-62    geophysicist, or soil scientist certified in a specialty must be

12-63    similarly signed and sealed.

12-64          SECTION 35.  EXEMPTIONS; APPLICATION OF ACT.  (a)  The

12-65    following activities do not require licensure under this Act:

12-66                (1)  geological, geophysical, or soil science work

12-67    performed by an employee or a subordinate of a licensee under this

12-68    Act, if the work does not include the responsible charge of

12-69    geological, geophysical, or soil science work and is performed

 13-1    under the direct supervision of a licensed professional geologist,

 13-2    geophysicist, or soil scientist who is responsible for the work;

 13-3                (2)  geological, geophysical, or soil science work

 13-4    performed by an officer or employee of the United States practicing

 13-5    solely as such an officer or employee;

 13-6                (3)  geological, geophysical, or soil science work

 13-7    performed exclusively in exploring for and developing oil and gas

 13-8    and other energy resources, base metals, precious and nonprecious

 13-9    minerals, including sand, gravel, and aggregate, provided such work

13-10    is done in and for the benefit of private industry;

13-11                (4)  geological, geophysical, or soil science research

13-12    conducted through an academic institution, a state or federal

13-13    governmental agency, a nonprofit research institution, or a

13-14    for-profit organization that includes submitting a report on the

13-15    research to a public agency unless the work is covered by

13-16    Subsection (c) of Section 18 of this Act;

13-17                (5)  teaching geology, geophysics, or soil science or a

13-18    related physical or natural science except for teaching an advanced

13-19    course in geology, geophysics, or soil science that may be intended

13-20    to qualify as a course requirement for specialty certification;

13-21                (6)  the acquisition and interpretation of data

13-22    involving soil, rock, groundwater, and other earth materials for

13-23    engineering purposes; the evaluation of the physical and chemical

13-24    properties of soil, rock, groundwater, and other earth materials;

13-25    or the use of data in analysis, design, and construction by a

13-26    professional engineer registered in this state;

13-27                (7)  work customarily performed by a physical or

13-28    natural scientist including a chemist, an archaeologist, a

13-29    geographer, and an oceanographer, if the work does not include the

13-30    planning and execution of a geological, geophysical, or soil

13-31    science investigation or involve the scientist being in responsible

13-32    charge of geological, geophysical, or soil science or specialty

13-33    geological, geophysical, or soil science work or require drawing or

13-34    making geological, geophysical, or soil science conclusions or

13-35    recommendations that significantly affect the public health,

13-36    safety, or welfare;

13-37                (8)  testifying or preparing and presenting an exhibit

13-38    or document for the sole purpose of being placed in evidence before

13-39    an administrative or judicial tribunal or hearing, if the

13-40    testimony, exhibit, or document does not imply that the person is

13-41    licensed under this Act; and

13-42                (9)  evaluation by a state agency as defined in Section

13-43    2001.003, Government Code, or hearing examiner of an exhibit or

13-44    document offered or placed in evidence before an administrative

13-45    tribunal.

13-46          (b)  This Act does not permit the practice of engineering, as

13-47    that practice is defined by The Texas Engineering Practice Act

13-48    (Article 3271a, Vernon's Texas Civil Statutes), by a licensed

13-49    professional geologist, geophysicist, or soil scientist or a

13-50    specialty geologist, geophysicist, or soil scientist.

13-51          (c)  A recommendation, design, analysis, redesign, review and

13-52    evaluation, supervision, or summary analysis of an engineered

13-53    structure or work that requires engineering education, training,

13-54    and experience in the application of special knowledge of

13-55    mathematical, physical, or engineering sciences is engineering and

13-56    is subject to The Texas Engineering Practice Act (Article 3271a,

13-57    Vernon's Texas Civil Statutes).

13-58          (d)  This Act does not permit the performance of an

13-59    engineering analysis supporting an engineering design by a licensed

13-60    professional geologist, geophysicist, or soil scientist or

13-61    specialty geologist, geophysicist, or soil scientist unless the

13-62    action is under the supervision of a licensed professional

13-63    engineer.

13-64          (e)  This Act does not permit a licensed professional

13-65    geologist, geophysicist, or soil scientist or specialty geologist,

13-66    geophysicist, or soil scientist to provide construction quality

13-67    control and evaluation or to design, develop, or perform

13-68    engineering review and evaluation of plans and specifications for

13-69    an engineered structure or work as defined under The Texas

 14-1    Engineering Practice Act (Article 3271a, Vernon's Texas Civil

 14-2    Statutes).  Engineered structures or works include a building,

 14-3    utility, machine, equipment, engineered process, engineer product,

 14-4    device, liner, or project designed or constructed, regardless of

 14-5    whether the structure or work is constructed of earthen or man-made

 14-6    materials.  This subsection does permit the geoscientific review

 14-7    and evaluation of the geoscientific components of a project that

 14-8    includes an engineered structure or work.

 14-9          (f)  With regard to an environmental and pollution

14-10    remediation project, this Act:

14-11                (1)  permits the characterization, study, appraisal,

14-12    investigation, and geoscientific review and evaluation of the

14-13    geoscientific components of a project by a certificate holder; and

14-14                (2)  as required under The Texas Engineering Practice

14-15    Act (Article 3271a, Vernon's Texas Civil Statutes), does not permit

14-16    the design, development, or performance of engineering review and

14-17    evaluation of an engineered structure, work, or process or related

14-18    constructed improvements used in the extraction and management of

14-19    waste.

14-20          (g)  Nothing in  this Act requires a licensed geologist, or

14-21    person acting under the supervision of a licensed geologist, who

14-22    performs service or work that is both geology and soil science as

14-23    defined by this Act to be licensed as a soil scientist or to work

14-24    under the supervision of a soil scientist.

14-25          (h)  Nothing in this Act requires a licensed soil scientist,

14-26    or person acting under the supervision of a licensed soil

14-27    scientist, who performs service or work that is both soil science

14-28    and geology as defined by this Act to be licensed as a geologist or

14-29    to work under the supervision of a licensed geologist.

14-30          (i)  This Act does not permit the practice of professional

14-31    surveying, as that practice is defined by the Professional Land

14-32    Surveying Practices Act (Article 5282c, Vernon's Texas Civil

14-33    Statutes), by a licensed professional geologist, geophysicist, or

14-34    soil scientist or a specialty geologist, geophysicist, or soil

14-35    scientist.  This Act does not apply to surveyors, duly qualified

14-36    and registered under the laws of this state, who confine their

14-37    practice strictly to professional land or state land surveying as

14-38    defined by law.

14-39          SECTION 36.  PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE

14-40    BY FIRM OR CORPORATION.  (a)  A firm or corporation may not engage

14-41    in the public practice of geology, geophysics, or soil science or a

14-42    specialty of geology, geophysics, or soil science except for:

14-43                (1)  geological, geophysical, or soil science work

14-44    performed by or under the supervision of a geologist, geophysicist,

14-45    or soil scientist licensed to practice geology, geophysics, or soil

14-46    science or certified in an applicable specialty of geology,

14-47    geophysics, or soil science who is in responsible charge of the

14-48    work and who signs and seals all documents as required by this Act;

14-49    and

14-50                (2)  a firm or corporation the principal business of

14-51    which is the public practice of geology, geophysics, or soil

14-52    science as determined by board rule if a principal of the firm or

14-53    an officer or director of the corporation is licensed as a

14-54    professional geologist, geophysicist, or soil scientist and has

14-55    overall supervision and control of the geological, geophysical, or

14-56    soil science work performed in this state.

14-57          (b)  A firm or corporation permitted to engage in the public

14-58    practice of geology, geophysics, or soil science or a specialty of

14-59    geology, geophysics, or soil science is subject to the rules of the

14-60    board that pertain to the practice of geology, geophysics, or soil

14-61    science or a specialty of geology, geophysics, or soil science by a

14-62    firm or corporation.

14-63          (c)  Except as provided by this section, a person, firm, or

14-64    corporation may not hold out to the public that the person, firm,

14-65    or corporation is a licensed professional geologist, licensed

14-66    professional geophysicist, or licensed professional soil scientist,

14-67    board certified in a specialty of geology, geophysics, or soil

14-68    science or able to perform geological, geophysical, or soil science

14-69    services or prepare a report or other document that requires the

 15-1    signature and seal of a licensee under this Act.

 15-2          SECTION 37.  DISCIPLINE AND ENFORCEMENT.  (a)  The board may

 15-3    take the following disciplinary actions:

 15-4                (1)  deny renewal of a license;

 15-5                (2)  permanently revoke the license of a licensee;

 15-6                (3)  suspend the license of a licensee for a specified

 15-7    time, not to exceed three years, to take effect immediately

 15-8    notwithstanding an appeal  if the board determines that the

 15-9    licensee's continued practice constitutes an imminent danger to the

15-10    public health, welfare, and safety;

15-11                (4)  issue a public or private reprimand to an

15-12    applicant, a licensee, or a person, firm, or corporation practicing

15-13    geology, geophysics, or soil science under this Act;

15-14                (5)  impose limitations, conditions, or restrictions on

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

15-16    corporation practicing geology, geophysics, or soil science under

15-17    this Act;

15-18                (6)  require that a licensee participate in a peer

15-19    review program under rules adopted by the board;

15-20                (7)  require that a licensee obtain remedial education

15-21    and training as prescribed by the board;

15-22                (8)  impose probation on a licensee requiring regular

15-23    reporting to the board;

15-24                (9)  require restitution, in whole or in part, of

15-25    compensation or fees earned by a licensee, a person, a firm, or a

15-26    corporation practicing geology, geophysics, or soil science under

15-27    this Act; and

15-28                (10)  impose an appropriate administrative penalty for

15-29    each violation of this Act or a rule adopted under this Act on a

15-30    licensee or a person who is not licensed who is not exempt from

15-31    registration under the provisions of this Act.

15-32          (b)  The board may impose appropriate sanctions for:

15-33                (1)  the practice of any fraud or deceit in obtaining

15-34    certification from an organization described in Subsection (i) of

15-35    Section 14 of this Act or in obtaining a license as a geologist,

15-36    geophysicist, or soil scientist or in a specialty of geology,

15-37    geophysics, or soil science;

15-38                (2)  incompetency, misconduct, fraud, gross negligence,

15-39    or repeated incidents of negligence in the public practice of

15-40    geology, geophysics, or soil science;

15-41                (3)  conviction of a felony or a crime involving moral

15-42    turpitude;

15-43                (4)  the imposition of an administrative, civil, or

15-44    criminal fine, or the imposition of a sentence of imprisonment or

15-45    probation instead of a fine, for a misdemeanor relating to or

15-46    arising out of the public practice of geology, geophysics, or soil

15-47    science;

15-48                (5)  the issuance of a cease and desist order or a

15-49    similar sanction relating to or arising out of the public practice

15-50    of geology, geophysics, or soil science;

15-51                (6)  using the seal of another person or using or

15-52    allowing the use of the licensee's seal on geological, geophysical,

15-53    or soil science work not performed by or under the supervision of

15-54    the licensee;

15-55                (7)  aiding or abetting a person in the violation of

15-56    this Act;

15-57                (8)  the revocation or suspension of a license, the

15-58    denial of renewal of a license, or other disciplinary action taken

15-59    by a state agency, board of registration, or similar licensing

15-60    agency for geologists, geophysicists, or soil scientists or a

15-61    profession or occupation related to the public practice of geology,

15-62    geophysics, or soil science; however, the sanction imposed by the

15-63    board under this subdivision may not exceed in severity or duration

15-64    the sanction on which the action is based;

15-65                (9)  a mental or physical disability, including a

15-66    dependence on or addiction to alcohol or a legal or illegal drug,

15-67    that substantially interferes with the individual's ability to

15-68    assume the responsible charge of and responsibility for geological,

15-69    geophysical, or soil science work; however, a sanction imposed

 16-1    under this subdivision may not violate a state or federal law

 16-2    relating to the rights of a person with a disability;

 16-3                (10)  practicing or offering to practice geology,

 16-4    geophysics, or soil science or holding out to the public that the

 16-5    person or the person's firm or corporation is licensed or qualified

 16-6    to practice geology, geophysics, or soil science if the person is

 16-7    not licensed under this Act or the person's firm or corporation

 16-8    does not employ a licensed professional geologist, licensed

 16-9    professional geophysicist, or licensed professional soil scientist

16-10    as required by this Act;

16-11                (11)  practicing or offering to practice a specialty of

16-12    geology, geophysics, or soil science recognized by the board or

16-13    holding out to the public that the person or the person's firm or

16-14    corporation is certified in or qualified to practice a specialty of

16-15    geology, geophysics, or soil science if the person is not certified

16-16    in that specialty under this Act or the person's firm or

16-17    corporation does not employ a geologist, geophysicist, or soil

16-18    scientist certified in that specialty to be in responsible charge

16-19    of the specialty work as required by this Act; or

16-20                (12)  violating this Act, a rule adopted under this

16-21    Act, including the code of professional conduct, or a comparable

16-22    provision of the laws or rules regulating the practice of geology,

16-23    geophysics, or soil science in another state or country.

16-24          SECTION 38.  COMPLAINTS; INVESTIGATION.  (a)  A person may

16-25    bring a complaint alleging a violation of this Act or a rule

16-26    adopted under this Act.

16-27          (b)  The board shall investigate all complaints brought to

16-28    its attention and may employ investigators, expert witnesses, and

16-29    hearing officers, appoint advisory committees, and conduct hearings

16-30    to determine whether disciplinary or other action should be taken.

16-31          (c)  A complaint must be made in writing, be sworn to by the

16-32    person making the complaint, and be filed with the board's

16-33    secretary.

16-34          (d)  A person who reports or provides information to the

16-35    board in good faith is not subject to an action for civil damages.

16-36          (e)  The board, on its own motion and on a finding of

16-37    probable cause following its investigation, may direct the

16-38    secretary to file a verified complaint charging a person with a

16-39    violation of this Act or a rule adopted under this Act.  The board

16-40    shall hear all charges, except for a charge that the board

16-41    determines to be unfounded or unsupported by the evidence

16-42    submitted.

16-43          SECTION 39.  REPORT OF DISCIPLINARY ACTION.  (a)  The board

16-44    shall report disciplinary actions taken by the board to appropriate

16-45    regulatory officials in this state, to any other registration or

16-46    licensing board or organization acting on behalf of a registration

16-47    or licensing board in another state, or to an appropriate state or

16-48    federal law enforcement agency if the board determines that a

16-49    violation of laws enforced by the agency receiving the report may

16-50    have occurred.

16-51          (b)  The board shall report a disciplinary action taken by

16-52    the board to appropriate law enforcement authorities if the board

16-53    believes that the violation prompting the disciplinary action

16-54    constitutes a criminal offense.

16-55          (c)  The records of the board's disciplinary actions may be

16-56    released by the board to a law enforcement agency or a licensing or

16-57    registration board in this state or another state on written

16-58    request.

16-59          (d)  The board shall issue public notice of all suspensions

16-60    and revocations of licenses, including a suspension, surrender of a

16-61    certificate, or revocation, obtained informally or by consent, in

16-62    an annual report or another publication selected by the board.  A

16-63    report under this subsection may not include an expiration or

16-64    revocation of a license based solely on the failure of the licensee

16-65    to renew the license or to pay an applicable fee.

16-66          SECTION 40.  APPEAL.  A person aggrieved by a final decision

16-67    or action of the board imposing a sanction under this Act may

16-68    appeal the board's decision or action in a court of competent

16-69    jurisdiction.

 17-1          SECTION 41.  REISSUANCE OF A LICENSE.  (a)  The board may

 17-2    reissue a license that was revoked on written application to the

 17-3    board made after the third anniversary of the date of the

 17-4    revocation.  The applicant must show good cause to justify the

 17-5    reissuance of the license.

 17-6          (b)  The board shall reissue a license that was suspended on

 17-7    the date the suspension period expires.  The board may impose

 17-8    reasonable conditions or limitations in connection with the

 17-9    reissuance of a license that has been suspended.

17-10          SECTION 42.  OFFENSE.  (a)  A person commits an offense if

17-11    the person:

17-12                (1)  practices, offers, or attempts to practice

17-13    geology, geophysics, or soil science or a specialty of geology,

17-14    geophysics, or soil science before the public without being

17-15    licensed as required by this Act;

17-16                (2)  uses the term "Licensed Professional Geologist,"

17-17    "Licensed Professional Geophysicist," or "Licensed Professional

17-18    Soil Scientist" or the initials "L.P.G." or "L.P.S.S." or claims a

17-19    specialty in geology, geophysics, or soil science as a

17-20    professional, business, or commercial identification or title or

17-21    otherwise holds out to the public that the person is licensed to

17-22    practice geology, geophysics, or soil science or a specialty of

17-23    geology, geophysics, or soil science without being licensed as

17-24    required by this Act;

17-25                (3)  alters or revises a document, map, or other

17-26    geological, geophysical, or soil science work signed or sealed by a

17-27    licensed professional geologist, licensed professional

17-28    geophysicist, or licensed professional soil scientist unless the

17-29    alteration or revision is signed and sealed by a licensed

17-30    professional geologist, licensed professional geophysicist, or

17-31    licensed professional soil scientist;

17-32                (4)  changes or alters the name or seal of another

17-33    licensed professional geologist, licensed professional

17-34    geophysicist, or licensed professional soil scientist on any

17-35    document, map, or other geological, geophysical, or soil science

17-36    work;

17-37                (5)  impersonates a licensed professional geologist,

17-38    licensed professional geophysicist, or licensed professional soil

17-39    scientist or presents or attempts to use the license or the seal of

17-40    another licensed professional geologist, licensed professional

17-41    geophysicist, or licensed professional soil scientist as the

17-42    person's own license or seal;

17-43                (6)  gives false or forged evidence to the board or to

17-44    a member of the board in an attempt to obtain a license;

17-45                (7)  uses a seal or signs a document under a license

17-46    that is expired or has been suspended or revoked;

17-47                (8)  manages, owns, or operates a place of business

17-48    where public geological, geophysical, or soil science work or

17-49    specialty work that is not exempt from licensure under this Act is

17-50    offered or performed for others without the work being supervised

17-51    or performed by a licensed professional geologist, licensed

17-52    professional geophysicist, or licensed professional soil scientist

17-53    or a geologist, geophysicist, or soil scientist certified in a

17-54    specialty of geology, geophysics, or soil science;

17-55                (9)  uses public geological, geophysical, or soil

17-56    science work performed by another person for a purpose that

17-57    violates this Act; or

17-58                (10)  otherwise violates this Act or a rule adopted by

17-59    the board under this Act.

17-60          (b)  An offense under this section is a Class A misdemeanor.

17-61          SECTION 43.  TRANSITION.  (a)  An applicant who applies for a

17-62    license under this Act before September 1, 1998, may be qualified

17-63    for licensure without written examination if the applicant has:

17-64                (1)  graduated from an accredited institution of higher

17-65    education acceptable to the board with a bachelor of science or

17-66    bachelor of arts or higher degree and a major in geology or

17-67    geoscience if the application is for certification as a geologist,

17-68    a major in geophysics, geophysical science, or another discipline

17-69    the board determines to be relevant to geophysics if the

 18-1    application is for certification as a geophysicist, or a major in

 18-2    soil science if the application is for certification as a soil

 18-3    scientist; or

 18-4                (2)  graduated from an accredited institution of higher

 18-5    education in a four-year academic degree program other than

 18-6    geology, geoscience, geophysics, or soil science, as appropriate,

 18-7    but has completed the required number of course hours to qualify as

 18-8    a geologist, geophysicist, or soil scientist or in a specialty of

 18-9    geology, geophysics, or soil science and has experience consisting

18-10    of not less than six years of professional practice in geology,

18-11    geophysics, or soil science, as appropriate, acceptable to the

18-12    board completed before the date of application for licensure under

18-13    this section.

18-14          (b)  An applicant for certification in a specialty who

18-15    applies before the first anniversary of the date the board

18-16    officially recognizes the specialty under this Act may be qualified

18-17    for certification in that specialty without written examination if

18-18    the applicant:

18-19                (1)  is licensed under this Act as a geologist,

18-20    geophysicist, or soil scientist in this state; and

18-21                (2)  has experience consisting of not less than six

18-22    years of professional practice acceptable to the board in the

18-23    applicable specialty of geology, geophysics, or soil science

18-24    completed before the date of application for certification in a

18-25    specialty under this section.

18-26          (c)  An initial member of the board who is required to be a

18-27    licensed professional geologist, geophysicist, or soil scientist

18-28    must be qualified for licensure or certification under Subsections

18-29    (a) and (b) of this section.

18-30          (d)  The governor shall make the initial appointments to the

18-31    board before November 1, 1997.  The board shall hold its first

18-32    meeting before January 1, 1998.  The initial appointments to the

18-33    board shall be made as follows:

18-34                (1)  three members shall be appointed for terms

18-35    expiring in 1999;

18-36                (2)  three members shall be appointed for terms

18-37    expiring in 2001; and

18-38                (3)  three members shall be appointed for terms

18-39    expiring in 2003.

18-40          (e)  The board shall adopt rules under this Act not later

18-41    than November 30, 1998.

18-42          (f)  A person is not required to obtain a certificate of

18-43    licensure under this Act until January 1, 1999.

18-44          SECTION 44.  EFFECTIVE DATE.  This Act takes effect September

18-45    1, 1997, except that Sections 18 and 42 of this Act take effect

18-46    January 1, 1999.

18-47          SECTION 45.  EMERGENCY.  The importance of this legislation

18-48    and the crowded condition of the calendars in both houses create an

18-49    emergency and an imperative public necessity that the

18-50    constitutional rule requiring bills to be read on three several

18-51    days in each house be suspended, and this rule is hereby suspended.

18-52                                 * * * * *