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.