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.