76R14362 E
By Goolsby H.B. No. 34
Substitute the following for H.B. No. 34:
By Haggerty C.S.H.B. No. 34
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of professional geoscientists; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT. The
1-6 Texas Geoscience Practice Act is adopted to read as follows:
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 1.01. SHORT TITLE. This Act may be cited as the Texas
1-9 Geoscience Practice Act.
1-10 Sec. 1.02. DEFINITIONS. In this Act:
1-11 (1) "Board" means the Texas Board of Professional
1-12 Geoscientists.
1-13 (2) "Certified geoscientist" means a geoscientist who
1-14 has been certified by a professional organization, society, or
1-15 association that maintains a geoscientist certification program.
1-16 (3) "Geoscience" means the science of the earth and
1-17 its origin and history, the investigation of the earth's
1-18 environment and its constituent soils, rocks, minerals, fossil
1-19 fuels, solids, and fluids, and the study of the natural and
1-20 introduced agents, forces, and processes that cause changes in and
1-21 on the earth and generally includes but is not limited to the
1-22 disciplines of geology, geophysics, soil science, and physical
1-23 geography.
1-24 (4) "Geoscientist" means a person qualified to engage
2-1 in the practice of the geosciences because of the person's
2-2 knowledge, acquired through education and practical experience, of
2-3 the geosciences and mathematics and the supporting physical,
2-4 chemical, mineralogical, morphological, and life sciences.
2-5 (5) "Geoscientist-in-training" means an applicant for
2-6 a license under this Act who has met all the license requirements
2-7 except the length of active practice requirement described under
2-8 Section 6.05(3) of this Act.
2-9 (6) "Licensed geoscientist" means a geoscientist who
2-10 has met the academic and experience qualifications of this Act and
2-11 who has been issued a license as a "Licensed Professional
2-12 Geoscientist" by the board.
2-13 (7) "Performance before the public":
2-14 (A) means providing professional geoscientific
2-15 services:
2-16 (i) to a governmental entity in this
2-17 state;
2-18 (ii) to comply with a rule established by
2-19 this state or a political subdivision of this state for the express
2-20 purpose of protecting the health, safety, or welfare of residents
2-21 of this state; and
2-22 (iii) to the public or a firm or
2-23 corporation in this state if the practitioner assumes the ultimate
2-24 liability for the work product; and
2-25 (B) does not include services provided for the
2-26 express use of a firm or corporation by an employee or consultant
2-27 if the firm or corporation assumes the ultimate liability for the
3-1 work product.
3-2 (8) "Public practice of the geosciences" means the
3-3 performance before the public of geoscientific services or work,
3-4 including consulting, investigating, evaluating, planning, mapping,
3-5 and inspecting geoscientific work and the responsible supervision
3-6 of those tasks.
3-7 (9) "Responsible charge" means the independent control
3-8 and direction of geoscientific work or the supervision of
3-9 geoscientific work by the use of initiative, skill, and independent
3-10 judgment.
3-11 Sec. 1.03. APPLICATION OF SUNSET ACT. The Texas Board of
3-12 Professional Geoscientists is subject to Chapter 325, Government
3-13 Code (Texas Sunset Act). Unless continued in existence as provided
3-14 by that chapter, the board is abolished and this Act expires
3-15 September 1, 2011.
3-16 Sec. 1.04. APPLICATION OF ACT. (a) In this section:
3-17 (1) "Licensed engineer" and "practice of engineering"
3-18 have the meanings assigned those terms by Section 2, The Texas
3-19 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
3-20 Statutes).
3-21 (2) "Professional surveying" has the meaning assigned
3-22 by Section 2, Professional Land Surveying Practices Act (Article
3-23 5282c, Vernon's Texas Civil Statutes).
3-24 (b) This Act does not authorize the practice of professional
3-25 surveying by a licensed geoscientist. This Act does not apply to a
3-26 qualified and registered surveyor who confines the surveyor's
3-27 practice to acts of surveying allowed under that statute.
4-1 (c) This Act does not authorize the practice of engineering
4-2 by a licensed geoscientist. A licensed geoscientist who performs a
4-3 service or work that is both engineering and geoscience must be
4-4 licensed as an engineer or work under the supervision of a licensed
4-5 engineer.
4-6 (d) This Act does not require a licensed engineer, or a
4-7 person acting under the supervision of a licensed engineer, who
4-8 performs service or work that is both engineering and geoscience to
4-9 be licensed as a geoscientist or to work under the supervision of a
4-10 geoscientist.
4-11 (e) A recommendation, design, analysis, redesign, or review
4-12 and evaluation, the supervision, or summary analysis of an
4-13 engineered structure or work, the performance of which requires
4-14 engineering education, training, and experience in the application
4-15 of special knowledge of mathematical, physical, and engineering
4-16 sciences, is engineering and is subject to The Texas Engineering
4-17 Practice Act (Article 3271a, Vernon's Texas Civil Statutes).
4-18 (f) This Act does not permit a licensed geoscientist to
4-19 perform an engineering analysis supporting an engineering design
4-20 unless the action is under the supervision of a licensed engineer.
4-21 (g) This Act does not permit a licensed geoscientist to
4-22 provide construction quality control and evaluation, to perform
4-23 materials engineering and testing, or to design, develop, or
4-24 perform engineering review and evaluation of engineering plans and
4-25 engineering specifications for an engineered structure or work
4-26 unless the action is under the supervision of a licensed engineer.
4-27 (h) With regard to an environmental and pollution
5-1 remediation project, this Act:
5-2 (1) permits the characterization, study, appraisal,
5-3 investigation, and geoscientific review and evaluation of and the
5-4 making of recommendations regarding the geoscientific components of
5-5 a project by a licensed geoscientist; and
5-6 (2) does not permit the design, development, or
5-7 performance of engineering review and evaluation of an engineered
5-8 structure, work, or process or related constructed improvements by
5-9 a licensed geoscientist.
5-10 (i) With regard to a geoscientific investigation of
5-11 geological conditions affecting an engineered work, this Act:
5-12 (1) permits the characterization, study, appraisal,
5-13 investigation, and geoscientific review and evaluation of and the
5-14 making of recommendations regarding the geoscientific components of
5-15 a project by a licensed geoscientist; and
5-16 (2) does not permit the design, development, or
5-17 performance of engineering review and evaluation of an engineered
5-18 structure, work, or process or related constructed improvements by
5-19 a licensed geoscientist.
5-20 (j) The board and the Texas Board of Professional Engineers
5-21 by rule, memorandum of agreement, or another appropriate procedure
5-22 or document shall jointly resolve any conflict between this Act or
5-23 a rule adopted under this Act and The Texas Engineering Practice
5-24 Act (Article 3271a, Vernon's Texas Civil Statutes) or a rule
5-25 adopted under that Act.
5-26 SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
5-27 Sec. 2.01. BOARD MEMBERSHIP. (a) The Texas Board of
6-1 Professional Geoscientists shall administer this Act.
6-2 (b) The board is composed of nine members appointed by the
6-3 governor with the advice and consent of the senate.
6-4 (c) Six members of the board must be geoscientists licensed
6-5 under this Act. To the extent possible, the composition of the
6-6 geoscientists serving on the board must be representative of the
6-7 occupational distribution of geoscientists licensed or regulated
6-8 under this Act.
6-9 (d) Three members of the board must be members of the
6-10 public.
6-11 (e) Appointments to the board shall be made without regard
6-12 to the race, color, disability, sex, religion, age, or national
6-13 origin of the appointees.
6-14 Sec. 2.02. MEMBER ELIGIBILITY. (a) A member of the board
6-15 must:
6-16 (1) be a citizen of the United States;
6-17 (2) have been a resident of this state for at least
6-18 the three years preceding appointment; and
6-19 (3) be at least 25 years of age.
6-20 (b) A person is not eligible for appointment as a public
6-21 member of the board if the person or the person's spouse:
6-22 (1) is registered, certified, or licensed by an
6-23 occupational regulatory agency in the field of geoscience;
6-24 (2) is employed by or participates in the management
6-25 of a business entity or other organization regulated by or
6-26 receiving money from the board;
6-27 (3) owns or controls, directly or indirectly, more
7-1 than a 10 percent interest in a business entity or other
7-2 organization regulated by or receiving money from the board; or
7-3 (4) uses or receives a substantial amount of tangible
7-4 goods, services, or money from the board other than compensation or
7-5 reimbursement authorized by law for board membership, attendance,
7-6 or expenses.
7-7 Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
7-8 this section, "society or trade association" means a nonprofit,
7-9 cooperative, and voluntarily joined association of business or
7-10 professional competitors designed to assist its members and its
7-11 industry or profession in dealing with mutual business or
7-12 professional problems and in promoting their common interest.
7-13 (b) A person may not be a member of the board and may not be
7-14 a board employee employed in a "bona fide executive,
7-15 administrative, or professional capacity," as that phrase is used
7-16 in the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
7-17 seq.) and its subsequent amendments, if:
7-18 (1) the person is an officer, employee, or paid
7-19 consultant of a society or trade association in the field of
7-20 geoscience; or
7-21 (2) the person's spouse is an officer, manager, or
7-22 paid consultant of a society or trade association in the field of
7-23 geoscience.
7-24 (c) A person may not be a member of the board or act as the
7-25 general counsel to the board if the person is required to register
7-26 as a lobbyist under Chapter 305, Government Code, because of the
7-27 person's activities for compensation on behalf of a profession
8-1 related to the operation of the board.
8-2 Sec. 2.04. TERMS. (a) Members of the board serve staggered
8-3 six-year terms, with the terms of three members expiring February 1
8-4 of each odd-numbered year.
8-5 (b) A member of the board may not serve more than two
8-6 consecutive full terms.
8-7 Sec. 2.05. GROUNDS FOR REMOVAL. (a) It is a ground for
8-8 removal from the board if:
8-9 (1) the member is no longer qualified for appointment
8-10 to the board;
8-11 (2) the member engages in misconduct, is determined
8-12 incompetent, neglects the member's official duties, or engages in
8-13 malfeasance;
8-14 (3) the member commits a felony or a violation of this
8-15 Act resulting in disciplinary action; or
8-16 (4) the member fails without excuse to attend at least
8-17 half of the regularly scheduled meetings held in a calendar year
8-18 while the member is a member of the board.
8-19 (b) The validity of an action of the board is not affected
8-20 by the fact that it is taken when a ground for removal of a board
8-21 member exists.
8-22 (c) If the executive director has knowledge that a potential
8-23 ground for removal exists, the executive director shall notify the
8-24 presiding officer of the board of the potential ground. The
8-25 presiding officer shall then notify the governor and the attorney
8-26 general that a potential ground for removal exists. If the
8-27 potential ground for removal involves the presiding officer, the
9-1 executive director shall notify the assistant presiding officer,
9-2 who shall then notify the governor and the attorney general that a
9-3 potential ground for removal exists.
9-4 Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of
9-5 the board is entitled to reimbursement for the travel expenses
9-6 incurred by the member while conducting the business of the board,
9-7 as provided by the General Appropriations Act.
9-8 Sec. 2.07. OFFICERS. (a) The board shall elect biannually
9-9 from its own membership a presiding officer, assistant presiding
9-10 officer, and secretary-treasurer. A member may not hold one of
9-11 these positions for more than two consecutive two-year periods. A
9-12 member serves in the position at the will of the board and may be
9-13 removed from the position by a two-thirds majority vote of the
9-14 board.
9-15 (b) The board may appoint an assistant secretary and other
9-16 assistants who are not members of the board to assist the board and
9-17 exercise its authority in carrying out the board's powers and
9-18 duties.
9-19 Sec. 2.08. OFFICE. The board shall maintain its office in
9-20 Austin.
9-21 Sec. 2.09. MEETINGS. The board shall hold two or more
9-22 regular meetings in each calendar year. A special meeting may be
9-23 held at a time permitted by rule of the board.
9-24 Sec. 2.10. TRAINING. (a) A person who is appointed to and
9-25 qualifies for office as a member of the board may not vote,
9-26 deliberate, or be counted as a member in attendance at a meeting of
9-27 the board until the person completes a training program that
10-1 complies with this section.
10-2 (b) The training program must provide the person with
10-3 information regarding:
10-4 (1) the legislation that created the board;
10-5 (2) the programs operated by the board;
10-6 (3) the role and functions of the board;
10-7 (4) the rules of the board, with an emphasis on the
10-8 rules that relate to disciplinary and investigatory authority;
10-9 (5) the current budget for the board;
10-10 (6) the results of the most recent formal audit of the
10-11 board;
10-12 (7) the requirements of:
10-13 (A) the open meetings law, Chapter 551,
10-14 Government Code;
10-15 (B) the public information law, Chapter 552,
10-16 Government Code;
10-17 (C) the administrative procedure law, Chapter
10-18 2001, Government Code; and
10-19 (D) other laws relating to public officials,
10-20 including conflict-of-interest laws; and
10-21 (8) any applicable ethics policies adopted by the
10-22 board or the Texas Ethics Commission.
10-23 (c) A person appointed to the board is entitled to
10-24 reimbursement, as provided by the General Appropriations Act, for
10-25 the travel expenses incurred in attending the training program
10-26 regardless of whether the attendance at the program occurs before
10-27 or after the person qualifies for office.
11-1 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
11-2 Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an
11-3 executive director, who shall be responsible for managing the
11-4 day-to-day affairs of the board, including:
11-5 (1) arranging for and supervising the necessary
11-6 support, secretarial, and clerical services;
11-7 (2) obtaining space for holding examinations,
11-8 meetings, and conferences;
11-9 (3) printing or purchasing examinations;
11-10 (4) printing and mailing forms, information, and
11-11 licenses;
11-12 (5) sending notices, collecting fees, and issuing
11-13 receipts;
11-14 (6) conducting the correspondence of the board,
11-15 including replying to routine requests for information;
11-16 (7) maintaining the minutes and records of the board;
11-17 (8) keeping records of receipts and disbursements; and
11-18 (9) providing necessary investigative services.
11-19 Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT. (a) The
11-20 executive director shall receive, administer, and account for all
11-21 money received under this Act and shall transfer the money to the
11-22 comptroller.
11-23 (b) All money paid to the board under this Act shall be
11-24 deposited to the credit of the professional geoscientists' fund
11-25 account in the general revenue fund. The account shall be
11-26 maintained in accordance with the accounting procedures of, and is
11-27 subject to audit by, the comptroller. Interest earned on money
12-1 deposited to the credit of the account shall be credited to the
12-2 account.
12-3 (c) Money in the account may be used only to pay the
12-4 expenses incurred by the board in the administration and
12-5 enforcement of this Act.
12-6 (d) The executive director shall file annually with the
12-7 comptroller a written report accounting for all receipts,
12-8 expenditures, and account balances.
12-9 Sec. 3.03. SEPARATION OF RESPONSIBILITIES. The board shall
12-10 develop and implement policies that clearly separate the
12-11 policymaking responsibilities of the board and the management
12-12 responsibilities of the executive director and the staff of the
12-13 board.
12-14 Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
12-15 executive director or the executive director's designee shall
12-16 provide to members of the board and to board employees, as often as
12-17 necessary, information regarding the requirements for office or
12-18 employment under this Act, including information regarding a
12-19 person's responsibilities under applicable laws relating to
12-20 standards of conduct for state officers or employees.
12-21 Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
12-22 (a) The executive director or the executive director's designee
12-23 shall develop an intra-agency career ladder program that addresses
12-24 opportunities for mobility and advancement of employees within the
12-25 board. The program must require intra-agency posting of all
12-26 positions concurrently with any public posting.
12-27 (b) The executive director or the executive director's
13-1 designee shall develop a system of annual performance evaluations
13-2 based on documented employee performance. All decisions regarding
13-3 merit pay for a board employee must be based on that system.
13-4 Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
13-5 board or the board's designee shall prepare and maintain a written
13-6 policy statement that implements a program of equal employment
13-7 opportunity to ensure that all personnel decisions are made without
13-8 regard to race, color, disability, sex, religion, age, or national
13-9 origin.
13-10 (b) The policy statement must include:
13-11 (1) personnel policies, including policies relating to
13-12 recruitment, evaluation, selection, training, and promotion of
13-13 personnel, that show the intent of the board to avoid the unlawful
13-14 employment practices described by Chapter 21, Labor Code; and
13-15 (2) an analysis of the extent to which the composition
13-16 of the board's personnel is in accordance with state and federal
13-17 law and a description of reasonable methods to achieve compliance
13-18 with state and federal law.
13-19 (c) The policy statement must:
13-20 (1) be updated annually;
13-21 (2) be reviewed by the state Commission on Human
13-22 Rights for compliance with Subsection (b)(1); and
13-23 (3) be filed with the governor's office.
13-24 SUBCHAPTER D. BOARD POWERS AND DUTIES
13-25 Sec. 4.01. GENERAL RULEMAKING AUTHORITY. The board may
13-26 adopt and enforce rules consistent with this Act and necessary for
13-27 the performance of its duties.
14-1 Sec. 4.02. FEES. The board may set reasonable and necessary
14-2 fees to be charged applicants and license holders under this Act,
14-3 including fees for application, examination, licensure, and renewal
14-4 of a license.
14-5 Sec. 4.03. CODE OF PROFESSIONAL CONDUCT. (a) The board by
14-6 rule shall adopt a code of professional conduct that is binding on
14-7 all license holders under this Act.
14-8 (b) The board may enforce the code by imposing sanctions as
14-9 provided by this Act.
14-10 Sec. 4.04. ENFORCEMENT. (a) The board shall enforce this
14-11 Act. Any member of the board may present to a prosecuting officer
14-12 a complaint relating to a violation of this Act. The board through
14-13 its members, officers, counsel, or agents may assist in the trial
14-14 of a case involving the violation of this Act, subject to the
14-15 control of the prosecuting officer.
14-16 (b) The board may administer oaths and affirmations and
14-17 issue subpoenas to compel the attendance of witnesses and the
14-18 production of evidence.
14-19 (c) The attorney general shall act as legal advisor to the
14-20 board and shall render legal assistance as necessary in enforcing
14-21 this Act.
14-22 Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS. (a) The
14-23 board by rule may recognize the use of the designations used by a
14-24 professional organization, society, or association that maintains a
14-25 geoscientist certification program if:
14-26 (1) the requirements for that certification are
14-27 acceptable to the board;
15-1 (2) the full name or recognized abbreviation of the
15-2 organization, society, or association granting the certification is
15-3 stated following or in conjunction with the use of the designation
15-4 or abbreviation; and
15-5 (3) the designation or abbreviation is not used in a
15-6 manner that is misleading or that creates an impression that the
15-7 person is licensed to practice geoscience before the public unless
15-8 the person is licensed under this Act.
15-9 (b) The board by rule shall recognize the title "geological
15-10 engineer," "geotechnical engineer," "hydraulic engineer," or
15-11 "agricultural engineer" or another legitimate engineering title as
15-12 a legitimate engineering title separate from the geosciences the
15-13 use of which requires licensure as a professional engineer.
15-14 Sec. 4.06. ESTABLISHMENT OF DISCIPLINES. The board by rule
15-15 shall establish the criteria and appropriate requirements for
15-16 licensure in the various disciplines of the geosciences, including
15-17 geology, geophysics, and soil science.
15-18 Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The
15-19 board may enter into agreements with licensing or registration
15-20 boards in other states and other appropriate organizations,
15-21 societies, associations, and agencies to develop uniform standards
15-22 for:
15-23 (1) the licensing or registration of geoscientists;
15-24 (2) accrediting educational programs;
15-25 (3) establishing reciprocal and temporary licenses;
15-26 (4) developing regional or national examinations;
15-27 (5) evaluating applicants; or
16-1 (6) another purpose consistent with this Act.
16-2 Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In
16-3 connection with the administration of this Act, the board may:
16-4 (1) appoint committees;
16-5 (2) employ personnel, contractors, and consultants;
16-6 (3) lease or purchase furnishings, equipment, and
16-7 supplies;
16-8 (4) lease office space; and
16-9 (5) incur other similar expenses.
16-10 Sec. 4.09. ROSTER OF LICENSE HOLDERS. (a) The board shall
16-11 maintain a roster stating the name and place of business of each
16-12 licensed geoscientist.
16-13 (b) The board shall maintain copies of the roster and shall
16-14 provide a copy on request to a state agency, a county or municipal
16-15 clerk or building official, or a license or certificate holder.
16-16 (c) The board shall provide a copy of the roster to another
16-17 person on written request, subject to payment of a reasonable fee
16-18 set by the board.
16-19 Sec. 4.10. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE
16-20 REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENT EXISTS. The
16-21 board shall maintain a list of each state, territory, or possession
16-22 of the United States, the District of Columbia, or foreign country
16-23 in which the requirements and qualifications for licensure or
16-24 registration are comparable to those established in this state and
16-25 with which a reciprocity agreement exists.
16-26 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
16-27 Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall:
17-1 (1) prepare information of public interest describing:
17-2 (A) the regulatory functions of the board; and
17-3 (B) the board's procedures by which complaints
17-4 are filed with and resolved by the board; and
17-5 (2) make the information available to the public and
17-6 appropriate state agencies.
17-7 Sec. 5.02. COMPLAINTS. (a) A person may bring a complaint
17-8 alleging a violation of this Act or a rule adopted under this Act.
17-9 (b) A complaint must be:
17-10 (1) in writing;
17-11 (2) sworn to by the person making the complaint; and
17-12 (3) filed with the secretary-treasurer.
17-13 (c) The board shall maintain a file on each complaint filed
17-14 with the board. The file must include:
17-15 (1) the name of the person who filed the complaint;
17-16 (2) the date the complaint is received by the board;
17-17 (3) the subject matter of the complaint;
17-18 (4) the name of each person contacted in relation to
17-19 the complaint;
17-20 (5) a summary of the results of the review or
17-21 investigation of the complaint; and
17-22 (6) an explanation of the reason the file was closed,
17-23 if the board closed the file without taking action other than to
17-24 investigate the complaint.
17-25 (d) The board shall provide to the person filing the
17-26 complaint and to each person who is a subject of the complaint a
17-27 copy of the board's policies and procedures relating to complaint
18-1 investigation and resolution.
18-2 (e) The board shall investigate all complaints brought to
18-3 its attention and may employ investigators, expert witnesses, and
18-4 hearing officers, appoint advisory committees, and conduct hearings
18-5 to determine whether disciplinary or other action should be taken.
18-6 (f) The board, at least quarterly until final disposition of
18-7 the complaint, shall notify the person filing the complaint and
18-8 each person who is a subject of the complaint of the status of the
18-9 investigation unless the notice would jeopardize an undercover
18-10 investigation.
18-11 Sec. 5.03. PUBLIC PARTICIPATION. The board shall develop
18-12 and implement policies that provide the public with a reasonable
18-13 opportunity to appear before the board and to speak on any issue
18-14 under the jurisdiction of the board.
18-15 SUBCHAPTER F. LICENSE REQUIREMENTS
18-16 Sec. 6.01. LICENSE REQUIRED. (a) Unless exempted by this
18-17 Act, a person may not engage in the public practice of the
18-18 geosciences unless the person holds a license issued under this
18-19 Act.
18-20 (b) Unless the person is licensed under this Act, a person
18-21 may not:
18-22 (1) use the term "Licensed Professional Geoscientist"
18-23 or the initials "P.G." as part of a professional, business, or
18-24 commercial identification or title; or
18-25 (2) otherwise represent to the public that the person
18-26 is qualified to:
18-27 (A) practice as a geoscientist; or
19-1 (B) engage in the practice of the geosciences.
19-2 (c) A person may not take responsible charge of a
19-3 geoscientific report or a geoscientific portion of a report
19-4 required by municipal or county ordinance, state or federal law,
19-5 state agency rule, or federal regulation that incorporates or is
19-6 based on a geoscientific study or geoscientific data unless the
19-7 person is licensed under this Act or exempt under Section 1.04 or
19-8 6.02 of this Act.
19-9 Sec. 6.02. EXEMPTIONS. The following activities do not
19-10 require a license under this Act:
19-11 (1) geoscientific work performed by an employee or a
19-12 subordinate of a license holder under this Act if the work does not
19-13 include the responsible charge of geoscientific work and is
19-14 performed under the direct supervision of a licensed geoscientist
19-15 who is responsible for the work;
19-16 (2) geoscientific work performed by an officer or
19-17 employee of the United States practicing solely as such an officer
19-18 or employee;
19-19 (3) geoscientific work performed exclusively in
19-20 exploring for and developing oil, gas, or other energy resources,
19-21 base metals, or precious or nonprecious minerals, including sand,
19-22 gravel, or aggregate, if the work is done in and for the benefit of
19-23 private industry;
19-24 (4) geoscientific research conducted through an
19-25 academic institution, state or federal governmental agency,
19-26 nonprofit research institution, or for-profit organization that
19-27 includes submitting a report on the research to a public agency
20-1 unless the work is covered by Section 6.01(c) of this Act;
20-2 (5) teaching the geosciences or a related physical or
20-3 natural science;
20-4 (6) work customarily performed by a cartographer or a
20-5 physical or natural scientist, including a chemist, archaeologist,
20-6 geographer, or oceanographer if the work does not include the
20-7 planning and execution of a geoscientific investigation, involve
20-8 the scientist's being in responsible charge of geoscientific work,
20-9 or require drawing geoscientific conclusions;
20-10 (7) testifying or preparing and presenting an exhibit
20-11 or document for the sole purpose of being placed in evidence before
20-12 an administrative or judicial tribunal or hearing if the testimony,
20-13 exhibit, or document does not imply that the person is licensed
20-14 under this Act;
20-15 (8) the evaluation by a state agency as defined by
20-16 Section 2001.003, Government Code, or a hearing examiner of an
20-17 exhibit or document offered or placed in evidence before an
20-18 administrative tribunal; or
20-19 (9) site evaluators certified by the Texas Natural
20-20 Resource Conservation Commission for the purpose of selecting
20-21 site-specific and site-appropriate on-site sewerage facilities.
20-22 Sec. 6.03. LICENSE APPLICATION. (a) An applicant for a
20-23 license as a geoscientist, including an applicant for a temporary
20-24 or reciprocal license, must apply on a form prescribed by the board
20-25 that is signed and sworn to by the applicant before a notary
20-26 public.
20-27 (b) The application must be accompanied by the appropriate
21-1 application fee and include:
21-2 (1) information concerning the applicant's education;
21-3 (2) a detailed summary of the applicant's work
21-4 experience in the geosciences;
21-5 (3) a signed statement that the applicant has read and
21-6 will comply with the code of professional conduct adopted under
21-7 this Act; and
21-8 (4) not fewer than five reference letters, of which
21-9 not fewer than three are from geoscientists who have personal
21-10 knowledge of the applicant's work experience in the geosciences.
21-11 Sec. 6.04. EXAMINATIONS. (a) The board may prepare,
21-12 administer, and grade oral and written examinations required or
21-13 permitted under this Act.
21-14 (b) The board may adopt or recognize, in whole or in part,
21-15 an examination prepared, administered, or graded by another
21-16 organization, on a regional or national basis, that the board
21-17 determines appropriate to measure the qualifications of an
21-18 applicant for a license as a geoscientist if:
21-19 (1) the examination questions, the correct answers,
21-20 and the applicant's completed examination are available to the
21-21 board; and
21-22 (2) the board retains the authority to determine a
21-23 passing grade for a license in this state.
21-24 Sec. 6.05. LICENSE ELIGIBILITY. To be eligible for a
21-25 license as a geoscientist, an applicant must:
21-26 (1) be of good moral and ethical character as attested
21-27 to by letters of reference submitted in behalf of the applicant or
22-1 as otherwise determined by the board;
22-2 (2) have:
22-3 (A) graduated from a course of study in
22-4 geoscience satisfactory to the board of at least four years that
22-5 includes at least 30 semester hours or 45 quarter hours of credit
22-6 in geoscience; or
22-7 (B) satisfactorily completed other equivalent
22-8 educational requirements as determined by the board;
22-9 (3) have a documented record of at least four years of
22-10 qualifying work experience in geoscience, as provided by Section
22-11 6.06 of this Act, that demonstrates that the applicant is qualified
22-12 to assume responsible charge for geoscientific work;
22-13 (4) have passed an examination required by the board
22-14 covering the fundamentals and practice of the appropriate
22-15 discipline of the geosciences; and
22-16 (5) meet any other requirements established by the
22-17 board.
22-18 Sec. 6.06. QUALIFYING EXPERIENCE. The board shall apply the
22-19 following standards in evaluating the experience of an applicant
22-20 for a license as a geoscientist under Section 6.05 of this Act:
22-21 (1) each year of experience in professional practice
22-22 acceptable to the board, under the direct supervision of a
22-23 geoscientist who is licensed in this state or in another state
22-24 under requirements for licensure or registration that are
22-25 comparable to those in this Act or under the direct supervision of
22-26 a geoscientist who meets the educational and experience
22-27 requirements for licensure but is not required to be licensed under
23-1 this Act, constitutes one year of professional experience in the
23-2 geosciences; and
23-3 (2) each year of experience in professional practice
23-4 acceptable to the board and acquired before September 1, 2000,
23-5 constitutes one year of professional experience in the geosciences
23-6 if the experience:
23-7 (A) was acquired under the direct supervision of
23-8 a geoscientist who meets the educational and experience
23-9 requirements for a license under this Act or is licensed or
23-10 registered under comparable requirements in another state; or
23-11 (B) would constitute the responsible charge of
23-12 professional geoscientific work as determined by the board.
23-13 Sec. 6.07. GRADUATE STUDY, RESEARCH, AND TEACHING
23-14 EXPERIENCE. (a) Each year of full-time graduate study in the
23-15 geosciences that is acceptable to the board constitutes one year of
23-16 professional experience in the geosciences. Not more than two
23-17 years of full-time graduate study may be accepted by the board for
23-18 professional experience for a single applicant.
23-19 (b) The board may accept geoscientific research or teaching
23-20 by a person studying the geosciences at the college or university
23-21 level as qualifying experience if the research or teaching, in the
23-22 judgment of the board, is comparable to experience obtained in the
23-23 practice of the geosciences.
23-24 Sec. 6.08. RECIPROCAL LICENSE. (a) The board by rule shall
23-25 authorize the licensing of a person who has not met the examination
23-26 requirement of Section 6.05(4) of this Act if the person is
23-27 licensed or registered to practice the geosciences under the law of
24-1 another state, a territory or possession of the United States, the
24-2 District of Columbia, or a foreign country.
24-3 (b) The board may issue a license to an applicant who
24-4 provides proof of licensure or registration under requirements that
24-5 the board determines to be substantially similar to those
24-6 established by this Act and who pays the required fees.
24-7 Sec. 6.09. TEMPORARY LICENSE. (a) The board may issue a
24-8 temporary license to a person who:
24-9 (1) is not a resident of this state and does not have
24-10 an established place of business in this state who seeks to
24-11 practice the geosciences in this state for a temporary period; or
24-12 (2) applies for a reciprocal license and who seeks to
24-13 practice the geosciences pending a determination on the application
24-14 for the reciprocal license.
24-15 (b) An applicant for a temporary license must:
24-16 (1) apply to the board for a temporary license,
24-17 provide proof of licensure or registration in another state, the
24-18 District of Columbia, a territory or possession of the United
24-19 States, or a foreign country, and pay the required fees;
24-20 (2) agree to comply with the signature requirements of
24-21 Section 6.14(b) of this Act and to affix the person's seal from the
24-22 jurisdiction in which the person is licensed or registered on all
24-23 work completed while practicing under the temporary license; and
24-24 (3) file the required information and reports and
24-25 comply with other requirements established by the board concerning
24-26 the person's temporary practice.
24-27 (c) A temporary license issued to a nonresident described by
25-1 Subsection (a)(1) of this section expires on the 90th day after the
25-2 date of issuance. A temporary license issued to an applicant for a
25-3 reciprocal license expires on the date the reciprocal license is
25-4 issued or denied.
25-5 Sec. 6.10. WAIVER OF REQUIREMENTS. (a) Except for the
25-6 payment of a required fee, the board may waive any of the
25-7 requirements for licensure by a two-thirds vote of the entire board
25-8 on the written request of an applicant and a showing of good cause
25-9 if the board determines that the applicant is otherwise qualified
25-10 for a license as a geoscientist.
25-11 (b) Each requirement waived under this section and the basis
25-12 for the waiver must be recorded in the applicant's record and in
25-13 the proceedings of the board.
25-14 Sec. 6.11. CONFIDENTIALITY OF CERTAIN INFORMATION. A
25-15 statement made by a person who provides a reference for an
25-16 applicant for a license under this Act or provides any information
25-17 compiled by or submitted to the board relating to an applicant is
25-18 privileged and confidential and may be used only by the board or an
25-19 employee or agent of the board who is directly involved in the
25-20 application or licensure process. Confidential information under
25-21 this section is not subject to discovery, subpoena, or other
25-22 disclosure in any proceeding.
25-23 Sec. 6.12. ISSUANCE OF LICENSE. (a) The board shall issue
25-24 a license to an applicant who meets the requirements of this Act on
25-25 payment of the applicable license fee.
25-26 (b) The license must:
25-27 (1) show the full name of the license holder;
26-1 (2) have a serial number;
26-2 (3) state the license holder's discipline; and
26-3 (4) be signed by an appropriate officer of the board
26-4 under the board's seal.
26-5 (c) The issuance by the board of a license is prima facie
26-6 evidence that during the term of the license the license holder is
26-7 entitled to:
26-8 (1) all the rights and privileges of a licensed
26-9 geoscientist; and
26-10 (2) practice the geosciences as a firm or corporation.
26-11 Sec. 6.13. LICENSE DURATION; EXPIRATION. (a) A license is
26-12 valid for a period not to exceed three years and expires according
26-13 to a schedule established by rule by the board.
26-14 (b) On expiration, a license is invalid and may not be
26-15 renewed except as provided by this Act.
26-16 Sec. 6.14. SEAL. (a) On issuance of a license, the license
26-17 holder must obtain a seal of a design established by the board
26-18 bearing:
26-19 (1) the license holder's name;
26-20 (2) the license number;
26-21 (3) the words "Licensed Professional Geoscientist";
26-22 and
26-23 (4) the license holder's discipline.
26-24 (b) Geoscientific reports, documents, and other records, as
26-25 defined by the board, that are offered to the public and prepared
26-26 or issued by or under the supervision of a licensed geoscientist
26-27 must include the full name, signature, and license number of the
27-1 license holder who prepared the document or under whose supervision
27-2 it was prepared and an impression of the license holder's seal in
27-3 accordance with rules adopted by the board.
27-4 Sec. 6.15. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED
27-5 LICENSE. The board shall issue a new license to replace a license
27-6 that has been lost, destroyed, or mutilated, subject to the rules
27-7 and fees adopted by the board.
27-8 SUBCHAPTER G. LICENSE RENEWAL
27-9 Sec. 7.01. LICENSE RENEWAL. (a) Not later than the 60th
27-10 day before the date the license expires, the board shall notify a
27-11 license holder of:
27-12 (1) the date the license expires; and
27-13 (2) the amount of the fee required for renewal.
27-14 (b) The board shall renew the license of a license holder
27-15 who before the date the license expires or within a period not to
27-16 exceed 60 days after the expiration date:
27-17 (1) submits the required renewal application and fee
27-18 and a penalty for late renewal if required; and
27-19 (2) meets the requirements for renewal established by
27-20 the board.
27-21 (c) The board by rule may establish conditions and fees for
27-22 the reissuance of a license that has lapsed, expired, or been
27-23 suspended or revoked.
27-24 Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION. As a
27-25 condition for renewal of a license, the board may require each
27-26 license holder to participate in continuing professional education
27-27 on a periodic or other basis.
28-1 SUBCHAPTER H. PUBLIC PRACTICE OF THE GEOSCIENCES
28-2 Sec. 8.01. PUBLIC PRACTICE OF THE GEOSCIENCES BY FIRM OR
28-3 CORPORATION. (a) Except for engineering firms excluded from the
28-4 application of this Act under Section 1.04, a firm or corporation
28-5 may engage in the public practice of the geosciences only if:
28-6 (1) the geoscientific work is performed by or under
28-7 the supervision of a geoscientist licensed to practice the
28-8 geosciences who is in responsible charge of the work and who signs
28-9 and seals all documents as required by this Act; or
28-10 (2) the principal business of the firm or corporation
28-11 is the public practice of the geosciences as determined by board
28-12 rule and a principal of the firm or an officer or director of the
28-13 corporation is licensed as a geoscientist and has overall
28-14 supervision and control of the geoscientific work performed in this
28-15 state.
28-16 (b) The board may adopt rules relating to the practice of
28-17 the geosciences by a firm or corporation. Rules adopted under this
28-18 section shall recognize that this Act does not apply to licensed
28-19 professional engineers or engineering firms performing services or
28-20 works that are both engineering and geoscience. Firms that engage
28-21 in the practice of both engineering and geoscience are exempt from
28-22 any firm registration requirements created under this subsection.
28-23 (c) Except as provided by this section, an individual, firm,
28-24 or corporation may not represent to the public that the individual,
28-25 firm, or corporation is a licensed geoscientist or able to perform
28-26 geoscientific services or prepare a report or other document that
28-27 requires the signature and seal of a license holder under Section
29-1 6.14(b) of this Act.
29-2 SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY
29-3 ACTIONS AND PROCEDURE
29-4 Sec. 9.01. DENIAL OF LICENSE. (a) The board may deny a
29-5 license:
29-6 (1) to an applicant who fails to satisfy a requirement
29-7 of this Act; or
29-8 (2) on a determination by the board that there is
29-9 probable cause to believe that an applicant has violated:
29-10 (A) this Act;
29-11 (B) a provision of this Act to which a license
29-12 holder would be subject; or
29-13 (C) a comparable provision in the licensing or
29-14 registration law of another state.
29-15 (b) The board may not issue a license pending the
29-16 disposition of a complaint alleging a violation in this or another
29-17 state if the board has notice of the alleged violation.
29-18 (c) The board shall notify an applicant who is denied a
29-19 license of the reason for denial in writing not later than the 30th
29-20 day after the date of the board's decision. Not later than the
29-21 30th day after the date of receipt of the notice, the applicant may
29-22 make a written request for a hearing. In the absence of a request
29-23 for a hearing, the board's action is final.
29-24 Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION. The board may
29-25 impose appropriate sanctions for:
29-26 (1) the practice of fraud or deceit in obtaining a
29-27 license as a geoscientist;
30-1 (2) incompetence, misconduct, fraud, gross negligence,
30-2 or repeated incidents of negligence in the public practice of
30-3 geoscience;
30-4 (3) conviction of a license holder of a crime
30-5 involving moral turpitude or a felony;
30-6 (4) the imposition of an administrative or civil
30-7 penalty or a criminal fine, or the imprisonment or probation
30-8 instead of a fine, for a misdemeanor relating to or arising out of
30-9 the public practice of geoscience;
30-10 (5) the issuance of a cease and desist order or a
30-11 similar sanction relating to or arising out of the public practice
30-12 of geoscience;
30-13 (6) using the seal of another license holder or using
30-14 or allowing the use of the license holder's seal on geoscientific
30-15 work not performed by or under the supervision of the license
30-16 holder;
30-17 (7) aiding or abetting a person in a violation of this
30-18 Act;
30-19 (8) the revocation or suspension of a license, the
30-20 denial of renewal of a license, or other disciplinary action taken
30-21 by a state agency, board of registration, or similar licensing
30-22 agency for geoscientists or a profession or occupation related to
30-23 the public practice of geoscience;
30-24 (9) practicing or offering to practice geoscience or
30-25 representing to the public that the person or the person's firm or
30-26 corporation is licensed or qualified to practice geoscience if the
30-27 person is not licensed under this Act or the person's firm or
31-1 corporation does not employ a licensed geoscientist as required
31-2 under this Act; or
31-3 (10) violating this Act, a rule adopted under this
31-4 Act, including the code of professional conduct, or a comparable
31-5 provision of the laws or rules regulating the practice of
31-6 geoscience in another state or country.
31-7 Sec. 9.03. DISCIPLINARY ACTIONS. (a) The board may take
31-8 the following disciplinary actions:
31-9 (1) refuse to issue or renew a license;
31-10 (2) permanently revoke a license;
31-11 (3) suspend a license for a specified time, not to
31-12 exceed three years, to take effect immediately notwithstanding an
31-13 appeal if the board determines that the license holder's continued
31-14 practice constitutes an imminent danger to the public health,
31-15 safety, or welfare;
31-16 (4) issue a public or private reprimand to an
31-17 applicant, a license holder, or an individual, firm, or corporation
31-18 practicing geoscience under this Act;
31-19 (5) impose limitations, conditions, or restrictions on
31-20 the practice of an applicant, a license holder, or an individual,
31-21 firm, or corporation practicing geoscience under this Act;
31-22 (6) require that a license holder participate in a
31-23 peer review program under rules adopted by the board;
31-24 (7) require that a license holder obtain remedial
31-25 education and training prescribed by the board;
31-26 (8) impose probation on a license holder requiring
31-27 regular reporting to the board;
32-1 (9) require restitution, in whole or in part, of
32-2 compensation or fees earned by a license holder, individual, firm,
32-3 or corporation practicing geoscience under this Act;
32-4 (10) impose an appropriate administrative penalty for
32-5 a violation of this Act or a rule adopted under this Act on a
32-6 license holder or a person who is not licensed and is not exempt
32-7 from licensure under this Act; or
32-8 (11) issue a cease and desist order.
32-9 (b) The board may not impose a sanction for a ground
32-10 described by Section 9.02(8) of this Act that exceeds in severity
32-11 or duration the sanction on which the board's action is based.
32-12 Sec. 9.04. RIGHT TO HEARING. A person whose license the
32-13 board proposes to suspend or revoke is entitled to a hearing.
32-14 Sec. 9.05. REINSTATEMENT. (a) On application, the board
32-15 may reinstate a license to engage in the public practice of the
32-16 geosciences to a person whose license has been revoked if a
32-17 majority of the entire board votes in favor of the reinstatement.
32-18 (b) As a condition for reinstatement, the board may:
32-19 (1) review the applicant's qualifications and
32-20 experience;
32-21 (2) require continuing professional education;
32-22 (3) conduct a reexamination on a periodic or other
32-23 basis; or
32-24 (4) require other evidence of the competence of the
32-25 applicant.
32-26 SUBCHAPTER J. ADMINISTRATIVE PENALTY
32-27 Sec. 10.01. IMPOSITION OF PENALTY. The board may impose an
33-1 administrative penalty against a person licensed under this Act or
33-2 any other person who violates this Act or a rule or order adopted
33-3 under this Act.
33-4 Sec. 10.02. AMOUNT OF PENALTY. (a) The board may include
33-5 in the amount of the administrative penalty the actual costs of
33-6 investigating and prosecuting the violation.
33-7 (b) The amount of the penalty may not exceed $3,000 for each
33-8 violation. Each day a violation continues or occurs is a separate
33-9 violation for purposes of imposing a penalty.
33-10 (c) The amount of the penalty shall be based on:
33-11 (1) the seriousness of the violation, including:
33-12 (A) the nature, circumstances, extent, and
33-13 gravity of any prohibited acts; and
33-14 (B) the hazard or potential hazard created to
33-15 the health, safety, or economic welfare of the public;
33-16 (2) the economic harm to property or the environment
33-17 caused by the violation;
33-18 (3) the history of previous violations;
33-19 (4) the amount necessary to deter a future violation;
33-20 (5) efforts or resistance to efforts to correct the
33-21 violation; and
33-22 (6) any other matter that justice may require.
33-23 Sec. 10.03. PROCEDURAL RULES. (a) The board shall adopt
33-24 rules of procedure for the imposition of an administrative penalty.
33-25 (b) Rules adopted under this section must conform to the
33-26 requirements of Chapter 2001, Government Code.
33-27 Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL.
34-1 (a) Not later than the 30th day after the date the board's order
34-2 becomes final, the person shall:
34-3 (1) pay the penalty;
34-4 (2) pay the penalty and file a petition for judicial
34-5 review contesting the occurrence of the violation, the amount of
34-6 the penalty, or both; or
34-7 (3) without paying the penalty, file a petition for
34-8 judicial review contesting the occurrence of the violation, the
34-9 amount of the penalty, or both.
34-10 (b) Within the 30-day period, a person who acts under
34-11 Subsection (a)(3) of this section may:
34-12 (1) stay enforcement of the penalty by:
34-13 (A) paying the penalty to the court for
34-14 placement in an escrow account; or
34-15 (B) giving to the court a supersedeas bond
34-16 approved by the court for the amount of the penalty that is
34-17 effective until all judicial review of the board's order is final;
34-18 or
34-19 (2) request the court to stay enforcement of the
34-20 penalty by:
34-21 (A) filing with the court a sworn affidavit of
34-22 the person stating that the person is financially unable to pay the
34-23 penalty and is financially unable to give the supersedeas bond; and
34-24 (B) giving a copy of the affidavit to the
34-25 executive director by certified mail.
34-26 (c) On receipt of a copy of an affidavit under Subsection
34-27 (b)(2) of this section, the executive director may file with the
35-1 court, not later than the fifth day after the date the copy is
35-2 received, a contest to the affidavit. The court shall hold a
35-3 hearing on the facts alleged in the affidavit as soon as
35-4 practicable and shall stay the enforcement of the penalty on
35-5 finding that the alleged facts are true. The person who files an
35-6 affidavit has the burden of proving that the person is financially
35-7 unable to pay the penalty and to give a supersedeas bond.
35-8 Sec. 10.05. COLLECTION OF PENALTY. If the person does not
35-9 pay the penalty and the enforcement of the penalty is not stayed,
35-10 the executive director may refer the matter to the attorney general
35-11 for collection of the penalty.
35-12 Sec. 10.06. STANDARD OF JUDICIAL REVIEW. The order of the
35-13 board is subject to judicial review under the substantial evidence
35-14 rule.
35-15 Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST. (a) If the
35-16 court sustains the occurrence of the violation, the court may
35-17 uphold or reduce the amount of the penalty and order the person to
35-18 pay the full or reduced penalty. If the court does not sustain the
35-19 occurrence of the violation, the court shall order that no penalty
35-20 is owed.
35-21 (b) If after judicial review the administrative penalty is
35-22 reduced or not imposed by the court, the court shall, after the
35-23 judgment becomes final:
35-24 (1) order that the appropriate amount, plus accrued
35-25 interest, be remitted to the person if the person paid the penalty;
35-26 or
35-27 (2) order the release of the bond if the penalty is
36-1 not imposed or order the release of the bond after the person pays
36-2 the penalty if the person posted a supersedeas bond.
36-3 (c) The interest paid under Subsection (b)(1) of this
36-4 section is the rate charged on loans to depository institutions by
36-5 the New York Federal Reserve Bank. The interest shall be paid for
36-6 the period beginning on the date the penalty is paid and ending on
36-7 the date the penalty is remitted.
36-8 SUBCHAPTER K. CRIMINAL PENALTY
36-9 Sec. 11.01. CRIMINAL PENALTY. (a) A person commits an
36-10 offense if the person:
36-11 (1) practices or offers to practice the geosciences in
36-12 this state without being licensed or exempted from licensure under
36-13 this Act;
36-14 (2) presents or attempts to use the license or the
36-15 seal of another;
36-16 (3) gives false or forged evidence to the board or to
36-17 a member of the board in obtaining a license; or
36-18 (4) otherwise violates this Act.
36-19 (b) An offense under Subsection (a) of this section is a
36-20 Class A misdemeanor.
36-21 SUBCHAPTER L. OTHER ENFORCEMENT PROVISIONS
36-22 Sec. 12.01. INJUNCTION. The board may seek an injunction
36-23 against a violation of this Act or a rule adopted under this Act.
36-24 SUBCHAPTER M. TRANSITION
36-25 Sec. 13.01. TRANSITION. (a) An applicant who applies for a
36-26 license under this Act before September 1, 2000, may be qualified
36-27 for licensure without passing the written examination described by
37-1 Section 6.05(4) if the applicant fulfills the requirements of
37-2 Sections 6.05(1), (2), (3), and (5).
37-3 (b) An initial member of the board who is required to be a
37-4 licensed geoscientist must be qualified for licensure under
37-5 Subsection (a) of this section.
37-6 (c) The governor shall make the initial appointments to the
37-7 board before November 1, 1999, as follows:
37-8 (1) three members for terms expiring in 2001;
37-9 (2) three members for terms expiring in 2003; and
37-10 (3) three members for terms expiring in 2005.
37-11 (d) The board shall hold its first meeting before January 1,
37-12 2000. The board shall adopt rules under this Act not later than
37-13 November 30, 2000.
37-14 (e) A person is not required to obtain a license under this
37-15 Act until January 1, 2001.
37-16 SECTION 2. EFFECTIVE DATE. This Act takes effect September
37-17 1, 1999, except that Section 6.01 and Subchapters J and K take
37-18 effect January 1, 2001.
37-19 SECTION 3. EMERGENCY. The importance of this legislation
37-20 and the crowded condition of the calendars in both houses create an
37-21 emergency and an imperative public necessity that the
37-22 constitutional rule requiring bills to be read on three several
37-23 days in each house be suspended, and this rule is hereby suspended.