By Goolsby H.B. No. 34
76R414 SMH-F
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.
1-22 (4) "Geoscientist" means a person qualified to engage
1-23 in the practice of the geosciences because of the person's
1-24 knowledge, acquired through education and practical experience, of
2-1 geology and mathematics and the supporting physical, chemical,
2-2 mineralogical, morphological, and life sciences.
2-3 (5) "Geoscientist-in-training" means an applicant for
2-4 a license under this Act who has met all the license requirements
2-5 except the length of active practice requirement described under
2-6 Section 6.05(3) of this Act.
2-7 (6) "Licensed geoscientist" means a geoscientist who
2-8 has met the academic and experience qualifications of this Act and
2-9 who has been issued a license as a "Licensed Professional
2-10 Geoscientist" by the board.
2-11 (7) "Performance before the public":
2-12 (A) means providing professional geoscientific
2-13 services:
2-14 (i) to a governmental entity in this
2-15 state;
2-16 (ii) to comply with a rule established by
2-17 this state or a political subdivision of this state for the express
2-18 purpose of protecting the health, safety, or welfare of residents
2-19 of this state; and
2-20 (iii) to the public or a firm or
2-21 corporation in this state if the practitioner assumes the ultimate
2-22 liability for the work product; and
2-23 (B) does not include services provided for the
2-24 express use of a firm or corporation by an employee or consultant
2-25 if the firm or corporation assumes the ultimate liability for the
2-26 work product.
2-27 (8) "Public practice of the geosciences" means the
3-1 performance before the public of geoscientific services or work,
3-2 including consulting, investigating, evaluating, planning, mapping,
3-3 and inspecting geoscientific work and the responsible supervision
3-4 of those tasks.
3-5 (9) "Responsible charge" means the independent control
3-6 and direction of geoscientific work or the supervision of
3-7 geoscientific work by the use of initiative, skill, and independent
3-8 judgment.
3-9 Sec. 1.03. APPLICATION OF SUNSET ACT. The Texas Board of
3-10 Professional Geoscientists is subject to Chapter 325, Government
3-11 Code (Texas Sunset Act). Unless continued in existence as provided
3-12 by that chapter, the board is abolished and this Act expires
3-13 September 1, 2011.
3-14 Sec. 1.04. APPLICATION OF ACT. (a) This Act does not
3-15 authorize the practice of engineering, as that practice is defined
3-16 by The Texas Engineering Practice Act (Article 3271a, Vernon's
3-17 Texas Civil Statutes), by a licensed geoscientist.
3-18 (b) This Act does not authorize the practice of professional
3-19 surveying, as that practice is defined by the Professional Land
3-20 Surveying Practices Act (Article 5282c, Vernon's Texas Civil
3-21 Statutes), by a licensed geoscientist. This Act does not apply to
3-22 a qualified and registered surveyor who confines the surveyor's
3-23 practice to acts of surveying allowed under that statute.
3-24 SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
3-25 Sec. 2.01. BOARD MEMBERSHIP. (a) The Texas Board of
3-26 Professional Geoscientists shall administer this Act.
3-27 (b) The board is composed of nine members appointed by the
4-1 governor with the advice and consent of the senate.
4-2 (c) Seven members of the board must be geoscientists
4-3 licensed under this Act. To the extent possible, the composition
4-4 of the geoscientists serving on the board must be representative of
4-5 the occupational distribution of geoscientists licensed or
4-6 regulated under this Act.
4-7 (d) Two members of the board must be members of the public.
4-8 (e) Appointments to the board shall be made without regard
4-9 to the race, color, disability, sex, religion, age, or national
4-10 origin of the appointees.
4-11 Sec. 2.02. MEMBER ELIGIBILITY. (a) A member of the board
4-12 must:
4-13 (1) be a citizen of the United States;
4-14 (2) have been a resident of this state for at least
4-15 the three years preceding appointment; and
4-16 (3) be at least 25 years of age.
4-17 (b) A person is not eligible for appointment as a public
4-18 member of the board if the person or the person's spouse:
4-19 (1) is registered, certified, or licensed by an
4-20 occupational regulatory agency in the field of geoscience;
4-21 (2) is employed by or participates in the management
4-22 of a business entity or other organization regulated by or
4-23 receiving money from the board;
4-24 (3) owns or controls, directly or indirectly, more
4-25 than a 10 percent interest in a business entity or other
4-26 organization regulated by or receiving money from the board; or
4-27 (4) uses or receives a substantial amount of tangible
5-1 goods, services, or money from the board other than compensation or
5-2 reimbursement authorized by law for board membership, attendance,
5-3 or expenses.
5-4 Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
5-5 this section, "society or trade association" means a nonprofit,
5-6 cooperative, and voluntarily joined association of business or
5-7 professional competitors designed to assist its members and its
5-8 industry or profession in dealing with mutual business or
5-9 professional problems and in promoting their common interest.
5-10 (b) A person may not be a member of the board and may not be
5-11 a board employee employed in a "bona fide executive,
5-12 administrative, or professional capacity," as that phrase is used
5-13 in the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
5-14 seq.) and its subsequent amendments, if:
5-15 (1) the person is an officer, employee, or paid
5-16 consultant of a society or trade association in the field of
5-17 geoscience; or
5-18 (2) the person's spouse is an officer, manager, or
5-19 paid consultant of a society or trade association in the field of
5-20 geoscience.
5-21 (c) A person may not be a member of the board or act as the
5-22 general counsel to the board if the person is required to register
5-23 as a lobbyist under Chapter 305, Government Code, because of the
5-24 person's activities for compensation on behalf of a profession
5-25 related to the operation of the board.
5-26 Sec. 2.04. TERMS. (a) Members of the board serve staggered
5-27 six-year terms, with the terms of three members expiring February 1
6-1 of each odd-numbered year.
6-2 (b) A member of the board may not serve more than two
6-3 consecutive full terms.
6-4 Sec. 2.05. GROUNDS FOR REMOVAL. (a) It is a ground for
6-5 removal from the board if:
6-6 (1) the member is no longer qualified for appointment
6-7 to the board;
6-8 (2) the member engages in misconduct, is determined
6-9 incompetent, neglects the member's official duties, or engages in
6-10 malfeasance;
6-11 (3) the member commits a felony or a violation of this
6-12 Act resulting in disciplinary action; or
6-13 (4) the member fails without excuse to attend at least
6-14 half of the regularly scheduled meetings held in a calendar year
6-15 while the member is a member of the board.
6-16 (b) The validity of an action of the board is not affected
6-17 by the fact that it is taken when a ground for removal of a board
6-18 member exists.
6-19 (c) If the executive director has knowledge that a potential
6-20 ground for removal exists, the executive director shall notify the
6-21 presiding officer of the board of the potential ground. The
6-22 presiding officer shall then notify the governor and the attorney
6-23 general that a potential ground for removal exists. If the
6-24 potential ground for removal involves the presiding officer, the
6-25 executive director shall notify the assistant presiding officer,
6-26 who shall then notify the governor and the attorney general that a
6-27 potential ground for removal exists.
7-1 Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of
7-2 the board is entitled to reimbursement for the travel expenses
7-3 incurred by the member while conducting the business of the board,
7-4 as provided by the General Appropriations Act.
7-5 Sec. 2.07. OFFICERS. (a) The board shall elect biannually
7-6 from its own membership a presiding officer, assistant presiding
7-7 officer, and secretary-treasurer. A member may not hold one of
7-8 these positions for more than two consecutive two-year periods. A
7-9 member serves in the position at the will of the board and may be
7-10 removed from the position by a two-thirds majority vote of the
7-11 board.
7-12 (b) The board may appoint an assistant secretary and other
7-13 assistants who are not members of the board to assist the board and
7-14 exercise its authority in carrying out the board's powers and
7-15 duties.
7-16 Sec. 2.08. OFFICE. The board shall maintain its office in
7-17 Austin.
7-18 Sec. 2.09. MEETINGS. The board shall hold two or more
7-19 regular meetings in each calendar year. A special meeting may be
7-20 held at a time permitted by rule of the board.
7-21 Sec. 2.10. TRAINING. (a) A person who is appointed to and
7-22 qualifies for office as a member of the board may not vote,
7-23 deliberate, or be counted as a member in attendance at a meeting of
7-24 the board until the person completes a training program that
7-25 complies with this section.
7-26 (b) The training program must provide the person with
7-27 information regarding:
8-1 (1) the legislation that created the board;
8-2 (2) the programs operated by the board;
8-3 (3) the role and functions of the board;
8-4 (4) the rules of the board with an emphasis on the
8-5 rules that relate to disciplinary and investigatory authority;
8-6 (5) the current budget for the board;
8-7 (6) the results of the most recent formal audit of the
8-8 board;
8-9 (7) the requirements of:
8-10 (A) the open meetings law, Chapter 551,
8-11 Government Code;
8-12 (B) the public information law, Chapter 552,
8-13 Government Code;
8-14 (C) the administrative procedure law, Chapter
8-15 2001, Government Code; and
8-16 (D) other laws relating to public officials,
8-17 including conflict-of-interest laws; and
8-18 (8) any applicable ethics policies adopted by the
8-19 board or the Texas Ethics Commission.
8-20 (c) A person appointed to the board is entitled to
8-21 reimbursement, as provided by the General Appropriations Act, for
8-22 the travel expenses incurred in attending the training program
8-23 regardless of whether the attendance at the program occurs before
8-24 or after the person qualifies for office.
8-25 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
8-26 Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an
8-27 executive director, who shall be responsible for managing the
9-1 day-to-day affairs of the board, including:
9-2 (1) arranging for and supervising the necessary
9-3 support, secretarial, and clerical services;
9-4 (2) obtaining space for holding examinations,
9-5 meetings, and conferences;
9-6 (3) printing or purchasing examinations;
9-7 (4) printing and mailing forms, information, and
9-8 licenses;
9-9 (5) sending notices, collecting fees, and issuing
9-10 receipts;
9-11 (6) conducting the correspondence of the board,
9-12 including replying to routine requests for information;
9-13 (7) maintaining the minutes and records of the board;
9-14 (8) keeping records of receipts and disbursements; and
9-15 (9) providing necessary investigative services.
9-16 Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT. (a) The
9-17 executive director shall receive, administer, and account for all
9-18 money received under this Act and shall transfer the money to the
9-19 comptroller.
9-20 (b) All money paid to the board under this Act shall be
9-21 deposited to the credit of the professional geoscientists' fund
9-22 account in the general revenue fund. The account shall be
9-23 maintained in accordance with the accounting procedures of, and is
9-24 subject to audit by, the comptroller. Interest earned on money
9-25 deposited to the credit of the account shall be credited to the
9-26 account.
9-27 (c) Money in the account may be used only to pay the
10-1 expenses incurred by the board in the administration and
10-2 enforcement of this Act.
10-3 (d) The executive director shall file annually with the
10-4 comptroller a written report accounting for all receipts,
10-5 expenditures, and account balances.
10-6 Sec. 3.03. SEPARATION OF RESPONSIBILITIES. The board shall
10-7 develop and implement policies that clearly separate the
10-8 policymaking responsibilities of the board and the management
10-9 responsibilities of the executive director and the staff of the
10-10 board.
10-11 Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
10-12 executive director or the executive director's designee shall
10-13 provide to members of the board and to board employees, as often as
10-14 necessary, information regarding the requirements for office or
10-15 employment under this Act, including information regarding a
10-16 person's responsibilities under applicable laws relating to
10-17 standards of conduct for state officers or employees.
10-18 Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
10-19 (a) The executive director or the executive director's designee
10-20 shall develop an intra-agency career ladder program that addresses
10-21 opportunities for mobility and advancement of employees within the
10-22 board. The program must require intra-agency posting of all
10-23 positions concurrently with any public posting.
10-24 (b) The executive director or the executive director's
10-25 designee shall develop a system of annual performance evaluations
10-26 based on documented employee performance. All decisions regarding
10-27 merit pay for a board employee must be based on that system.
11-1 Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
11-2 board or the board's designee shall prepare and maintain a written
11-3 policy statement that implements a program of equal employment
11-4 opportunity to ensure that all personnel decisions are made without
11-5 regard to race, color, disability, sex, religion, age, or national
11-6 origin.
11-7 (b) The policy statement must include:
11-8 (1) personnel policies, including policies relating to
11-9 recruitment, evaluation, selection, training, and promotion of
11-10 personnel, that show the intent of the board to avoid the unlawful
11-11 employment practices described by Chapter 21, Labor Code; and
11-12 (2) an analysis of the extent to which the composition
11-13 of the board's personnel is in accordance with state and federal
11-14 law and a description of reasonable methods to achieve compliance
11-15 with state and federal law.
11-16 (c) The policy statement must:
11-17 (1) be updated annually;
11-18 (2) be reviewed by the state Commission on Human
11-19 Rights for compliance with Subsection (b)(1); and
11-20 (3) be filed with the governor's office.
11-21 SUBCHAPTER D. BOARD POWERS AND DUTIES
11-22 Sec. 4.01. GENERAL RULEMAKING AUTHORITY. The board may
11-23 adopt and enforce rules consistent with this Act and necessary for
11-24 the performance of its duties.
11-25 Sec. 4.02. FEES. The board may set reasonable and necessary
11-26 fees to be charged applicants and license holders under this Act,
11-27 including fees for application, examination, licensure, and renewal
12-1 of a license.
12-2 Sec. 4.03. CODE OF PROFESSIONAL CONDUCT. (a) The board by
12-3 rule shall adopt a code of professional conduct that is binding on
12-4 all license holders under this Act.
12-5 (b) The board may enforce the code by imposing sanctions as
12-6 provided by this Act.
12-7 Sec. 4.04. ENFORCEMENT. (a) The board shall enforce this
12-8 Act. Any member of the board may present to a prosecuting officer
12-9 a complaint relating to a violation of this Act. The board through
12-10 its members, officers, counsel, or agents may assist in the trial
12-11 of a case involving the violation of this Act, subject to the
12-12 control of the prosecuting officer.
12-13 (b) The board may administer oaths and affirmations and
12-14 issue subpoenas to compel the attendance of witnesses and the
12-15 production of evidence.
12-16 (c) The attorney general shall act as legal adviser to the
12-17 board and shall render legal assistance as necessary in enforcing
12-18 this Act.
12-19 Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS. (a) The
12-20 board by rule may recognize the use of the designations used by a
12-21 professional organization, society, or association that maintains a
12-22 geoscientist certification program if:
12-23 (1) the requirements for that certification are
12-24 acceptable to the board;
12-25 (2) the full name or recognized abbreviation of the
12-26 organization, society, or association granting the certification is
12-27 stated following or in conjunction with the use of the designation
13-1 or abbreviation; and
13-2 (3) the designation or abbreviation is not used in a
13-3 manner that is misleading or that creates an impression that the
13-4 person is licensed to practice geoscience before the public unless
13-5 the person is licensed under this Act.
13-6 (b) The board by rule shall recognize the title "geological
13-7 engineer," "geotechnical engineer," "hydraulic engineer," or
13-8 "agricultural engineer" or another legitimate engineering title as
13-9 a legitimate engineering title separate from the geosciences the
13-10 use of which requires licensure as a professional engineer.
13-11 Sec. 4.06. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The
13-12 board may enter into agreements with licensing or registration
13-13 boards in other states and other appropriate organizations,
13-14 societies, associations, and agencies to develop uniform standards
13-15 for:
13-16 (1) the licensing or registration of geoscientists;
13-17 (2) accrediting educational programs;
13-18 (3) establishing reciprocal and temporary licenses;
13-19 (4) developing regional or national examinations;
13-20 (5) evaluating applicants; or
13-21 (6) another purpose consistent with this Act.
13-22 Sec. 4.07. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In
13-23 connection with the administration of this Act, the board may:
13-24 (1) appoint committees;
13-25 (2) employ personnel, contractors, and consultants;
13-26 (3) lease or purchase furnishings, equipment, and
13-27 supplies;
14-1 (4) lease office space; and
14-2 (5) incur other similar expenses.
14-3 Sec. 4.08. ROSTER OF LICENSE HOLDERS. (a) The board shall
14-4 maintain a roster stating the name and place of business of each
14-5 licensed geoscientist.
14-6 (b) The board shall maintain copies of the roster and shall
14-7 provide a copy on request to a state agency, a county or municipal
14-8 clerk or building official, or a license or certificate holder.
14-9 (c) The board shall provide a copy of the roster to another
14-10 person on written request, subject to payment of a reasonable fee
14-11 set by the board.
14-12 Sec. 4.09. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE
14-13 REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENT EXISTS. The
14-14 board shall maintain a list of each state, territory, or possession
14-15 of the United States, the District of Columbia, or foreign country
14-16 in which the requirements and qualifications for licensure or
14-17 registration are comparable to those established in this state and
14-18 with which a reciprocity agreement exists.
14-19 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
14-20 Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall:
14-21 (1) prepare information of public interest describing:
14-22 (A) the regulatory functions of the board; and
14-23 (B) the board's procedures by which complaints
14-24 are filed with and resolved by the board; and
14-25 (2) make the information available to the public and
14-26 appropriate state agencies.
14-27 Sec. 5.02. COMPLAINTS. (a) A person may bring a complaint
15-1 alleging a violation of this Act or a rule adopted under this Act.
15-2 (b) A complaint must be:
15-3 (1) in writing;
15-4 (2) sworn to by the person making the complaint; and
15-5 (3) filed with the secretary-treasurer.
15-6 (c) The board shall maintain a file on each complaint filed
15-7 with the board. The file must include:
15-8 (1) the name of the person who filed the complaint;
15-9 (2) the date the complaint is received by the board;
15-10 (3) the subject matter of the complaint;
15-11 (4) the name of each person contacted in relation to
15-12 the complaint;
15-13 (5) a summary of the results of the review or
15-14 investigation of the complaint; and
15-15 (6) an explanation of the reason the file was closed,
15-16 if the board closed the file without taking action other than to
15-17 investigate the complaint.
15-18 (d) The board shall provide to the person filing the
15-19 complaint and to each person who is a subject of the complaint a
15-20 copy of the board's policies and procedures relating to complaint
15-21 investigation and resolution.
15-22 (e) The board shall investigate all complaints brought to
15-23 its attention and may employ investigators, expert witnesses, and
15-24 hearing officers, appoint advisory committees, and conduct hearings
15-25 to determine whether disciplinary or other action should be taken.
15-26 (f) The board, at least quarterly until final disposition of
15-27 the complaint, shall notify the person filing the complaint and
16-1 each person who is a subject of the complaint of the status of the
16-2 investigation unless the notice would jeopardize an undercover
16-3 investigation.
16-4 Sec. 5.03. PUBLIC PARTICIPATION. The board shall develop
16-5 and implement policies that provide the public with a reasonable
16-6 opportunity to appear before the board and to speak on any issue
16-7 under the jurisdiction of the board.
16-8 SUBCHAPTER F. LICENSE REQUIREMENTS
16-9 Sec. 6.01. LICENSE REQUIRED. (a) Unless exempted by this
16-10 Act, a person may not engage in the public practice of the
16-11 geosciences unless the person holds a license issued under this
16-12 Act.
16-13 (b) Unless the person is licensed under this Act, a person
16-14 may not:
16-15 (1) use the term "Licensed Professional Geoscientist"
16-16 or the initials "P.G." as part of a professional, business, or
16-17 commercial identification or title; or
16-18 (2) otherwise represent to the public that the person
16-19 is qualified to:
16-20 (A) practice as a geoscientist; or
16-21 (B) engage in the practice of the geosciences.
16-22 (c) A person may not take responsible charge of a
16-23 geoscientific report or a geoscientific portion of a report
16-24 required by municipal or county ordinance, state or federal law,
16-25 state agency rule, or federal regulation that incorporates or is
16-26 based on a geoscientific study or geoscientific data unless the
16-27 person is licensed under this Act.
17-1 (d) This state or a political subdivision of this state may
17-2 not contract for geoscientific services with a person other than a
17-3 person licensed under this Act or with a business entity other than
17-4 a business entity that employs a person licensed under this Act who
17-5 is responsible for the geoscientific work performed by the business
17-6 entity. This subsection does not apply to a contract between a
17-7 state agency or political subdivision and an employee of the agency
17-8 or subdivision.
17-9 Sec. 6.02. EXEMPTIONS. The following activities do not
17-10 require a license under this Act:
17-11 (1) the acquisition and interpretation of data
17-12 involving soil, rock, groundwater, and other earth materials for
17-13 engineering purposes;
17-14 (2) the evaluation of the physical and chemical
17-15 properties of soil, rock, groundwater, and other earth materials;
17-16 (3) the use of data in analysis, design, and
17-17 construction by a professional engineer licensed in this state;
17-18 (4) geoscientific work performed by an employee or a
17-19 subordinate of a license holder under this Act if the work does not
17-20 include the responsible charge of geoscientific work and is
17-21 performed under the direct supervision of a licensed geoscientist
17-22 who is responsible for the work;
17-23 (5) geoscientific work performed by an officer or
17-24 employee of the United States practicing solely as such an officer
17-25 or employee;
17-26 (6) geoscientific work performed exclusively in
17-27 exploring for and developing oil, gas, or other energy resources,
18-1 base metals, or precious or nonprecious minerals, including sand,
18-2 gravel, or aggregate, if the work is done in and for the benefit of
18-3 private industry;
18-4 (7) geoscientific research conducted through an
18-5 academic institution, state or federal governmental agency,
18-6 nonprofit research institution, or for-profit organization that
18-7 includes submitting a report on the research to a public agency
18-8 unless the work is covered by Section 6.01(c) of this Act;
18-9 (8) teaching the geosciences or a related physical or
18-10 natural science;
18-11 (9) work customarily performed by a physical or
18-12 natural scientist, including a chemist, archaeologist, geographer,
18-13 or oceanographer if the work does not include the planning and
18-14 execution of a geoscientific investigation, involve the scientist's
18-15 being in responsible charge of geoscientific work, or require
18-16 drawing geoscientific conclusions;
18-17 (10) testifying or preparing and presenting an exhibit
18-18 or document for the sole purpose of being placed in evidence before
18-19 an administrative or judicial tribunal or hearing if the testimony,
18-20 exhibit, or document does not imply that the person is licensed
18-21 under this Act; or
18-22 (11) the evaluation by a state agency as defined by
18-23 Section 2001.003, Government Code, or a hearing examiner of an
18-24 exhibit or document offered or placed in evidence before an
18-25 administrative tribunal.
18-26 Sec. 6.03. LICENSE APPLICATION. (a) An applicant for a
18-27 license as a geoscientist, including an applicant for a temporary
19-1 or reciprocal license, must apply on a form prescribed by the board
19-2 that is signed and sworn to by the applicant before a notary
19-3 public.
19-4 (b) The application must be accompanied by the appropriate
19-5 application fee and include:
19-6 (1) information concerning the applicant's education;
19-7 (2) a detailed summary of the applicant's work
19-8 experience in the geosciences;
19-9 (3) a signed statement that the applicant has read and
19-10 will comply with the code of professional conduct adopted under
19-11 this Act; and
19-12 (4) not fewer than five reference letters, of which
19-13 not fewer than three are from geoscientists who have personal
19-14 knowledge of the applicant's work experience in the geosciences.
19-15 Sec. 6.04. EXAMINATIONS. (a) The board may prepare,
19-16 administer, and grade oral and written examinations required or
19-17 permitted under this Act.
19-18 (b) The board may adopt or recognize, in whole or in part,
19-19 an examination prepared, administered, or graded by another
19-20 organization, on a regional or national basis, that the board
19-21 determines appropriate to measure the qualifications of an
19-22 applicant for a license as a geoscientist if:
19-23 (1) the examination questions, the correct answers,
19-24 and the applicant's completed examination are available to the
19-25 board; and
19-26 (2) the board retains the authority to determine a
19-27 passing grade for a license in this state.
20-1 Sec. 6.05. LICENSE ELIGIBILITY. To be eligible for a
20-2 license as a geoscientist, an applicant must:
20-3 (1) be of good moral and ethical character as attested
20-4 to by letters of reference submitted in behalf of the applicant or
20-5 as otherwise determined by the board;
20-6 (2) have:
20-7 (A) graduated from a course of study in
20-8 geoscience satisfactory to the board of at least four years that
20-9 includes at least 30 semester hours or 45 quarter hours of credit
20-10 in geoscience; or
20-11 (B) satisfactorily completed other equivalent
20-12 educational requirements as determined by the board;
20-13 (3) have a documented record of at least four years of
20-14 qualifying work experience in geoscience, as provided by Section
20-15 6.06 of this Act, that demonstrates that the applicant is qualified
20-16 to assume responsible charge for geoscientific work;
20-17 (4) have passed an appropriate examination required by
20-18 the board covering the fundamentals and practice of the
20-19 geosciences; and
20-20 (5) meet any other requirements established by the
20-21 board.
20-22 Sec. 6.06. QUALIFYING EXPERIENCE. The board shall apply the
20-23 following standards in evaluating the experience of an applicant
20-24 for a license as a geoscientist under Section 6.05 of this Act:
20-25 (1) each year of experience in professional practice
20-26 acceptable to the board, under the direct supervision of a
20-27 geoscientist who is licensed in this state or in another state
21-1 under requirements for licensure or registration that are
21-2 comparable to those in this Act or under the direct supervision of
21-3 a geoscientist who meets the educational and experience
21-4 requirements for licensure but is not required to be licensed under
21-5 this Act, constitutes one year of professional experience in the
21-6 geosciences; and
21-7 (2) each year of experience in professional practice
21-8 acceptable to the board and acquired before September 1, 2000,
21-9 constitutes one year of professional experience in the geosciences
21-10 if the experience:
21-11 (A) was acquired under the direct supervision of
21-12 a geoscientist who meets the educational and experience
21-13 requirements for a license under this Act or is licensed or
21-14 registered under comparable requirements in another state; or
21-15 (B) would constitute the responsible charge of
21-16 professional geoscientific work as determined by the board.
21-17 Sec. 6.07. GRADUATE STUDY, RESEARCH, AND TEACHING
21-18 EXPERIENCE. (a) Each year of full-time graduate study in the
21-19 geosciences that is acceptable to the board constitutes one year of
21-20 professional experience in the geosciences. Not more than two
21-21 years of full-time graduate study may be accepted by the board for
21-22 professional experience for a single applicant.
21-23 (b) The board may accept geoscientific research or teaching
21-24 by a person studying the geosciences at the college or university
21-25 level as qualifying experience if the research or teaching, in the
21-26 judgment of the board, is comparable to experience obtained in the
21-27 practice of the geosciences.
22-1 Sec. 6.08. RECIPROCAL LICENSE. (a) The board by rule shall
22-2 authorize the licensing of a person who has not met the examination
22-3 requirement of Section 6.05(4) of this Act if the person is
22-4 licensed or registered to practice the geosciences under the law of
22-5 another state, a territory or possession of the United States, the
22-6 District of Columbia, or a foreign country.
22-7 (b) The board may issue a license to an applicant who
22-8 provides proof of licensure or registration under requirements that
22-9 the board determines to be substantially similar to those
22-10 established by this Act and who pays the required fees.
22-11 Sec. 6.09. TEMPORARY LICENSE. (a) The board may issue a
22-12 temporary license to a person who:
22-13 (1) is not a resident of this state and does not have
22-14 an established place of business in this state who seeks to
22-15 practice the geosciences in this state for a temporary period; or
22-16 (2) applies for a reciprocal license and who seeks to
22-17 practice the geosciences pending a determination on the application
22-18 for the reciprocal license.
22-19 (b) An applicant for a temporary license must:
22-20 (1) apply to the board for a temporary license,
22-21 provide proof of licensure or registration in another state, the
22-22 District of Columbia, a territory or possession of the United
22-23 States, or a foreign country, and pay the required fees;
22-24 (2) agree to comply with the signature requirements of
22-25 Section 6.14(b) of this Act and to affix the person's seal from the
22-26 jurisdiction in which the person is licensed or registered on all
22-27 work completed while practicing under the temporary license; and
23-1 (3) file the required information and reports and
23-2 comply with other requirements established by the board concerning
23-3 the person's temporary practice.
23-4 (c) A temporary license issued to a nonresident described by
23-5 Subsection(a)(1) of this section expires on the 90th day after the
23-6 date of issuance. A temporary license issued to an applicant for a
23-7 reciprocal license expires on the date the reciprocal license is
23-8 issued or denied.
23-9 Sec. 6.10. WAIVER OF REQUIREMENTS. (a) Except for the
23-10 payment of a required fee, the board may waive any of the
23-11 requirements for licensure by a two-thirds vote of the entire board
23-12 on the written request of an applicant and a showing of good cause
23-13 if the board determines that the applicant is otherwise qualified
23-14 for a license as a geoscientist.
23-15 (b) Each requirement waived under this section and the basis
23-16 for the waiver must be recorded in the applicant's record and in
23-17 the proceedings of the board.
23-18 Sec. 6.11. CONFIDENTIALITY OF CERTAIN INFORMATION. A
23-19 statement made by a person who provides a reference for an
23-20 applicant for a license under this Act or provides any information
23-21 compiled by or submitted to the board relating to an applicant is
23-22 privileged and confidential and may be used only by the board or an
23-23 employee or agent of the board who is directly involved in the
23-24 application or licensure process. Confidential information under
23-25 this section is not subject to discovery, subpoena, or other
23-26 disclosure in any proceeding.
23-27 Sec. 6.12. ISSUANCE OF LICENSE. (a) The board shall issue
24-1 a license to an applicant who meets the requirements of this Act on
24-2 payment of the applicable license fee.
24-3 (b) The license must:
24-4 (1) show the full name of the license holder;
24-5 (2) have a serial number; and
24-6 (3) be signed by an appropriate officer of the board
24-7 under the board's seal.
24-8 (c) The issuance by the board of a license is prima facie
24-9 evidence that during the term of the license the license holder is
24-10 entitled to:
24-11 (1) all the rights and privileges of a licensed
24-12 geoscientist; and
24-13 (2) practice the geosciences as a firm or corporation.
24-14 Sec. 6.13. LICENSE DURATION; EXPIRATION. (a) A license is
24-15 valid for a period not to exceed three years and expires according
24-16 to a schedule established by rule by the board.
24-17 (b) On expiration, a license is invalid and may not be
24-18 renewed except as provided by this Act.
24-19 Sec. 6.14. SEAL. (a) On issuance of a license, the license
24-20 holder must obtain a seal of a design established by the board
24-21 bearing:
24-22 (1) the license holder's name;
24-23 (2) the license number; and
24-24 (3) the words "Licensed Professional Geoscientist."
24-25 (b) Geoscientific reports, documents, and other records, as
24-26 defined by the board, that are offered to the public and prepared
24-27 or issued by or under the supervision of a licensed geoscientist
25-1 must include the full name, signature, and license number of the
25-2 license holder who prepared the document or under whose supervision
25-3 it was prepared and an impression of the license holder's seal in
25-4 accordance with rules adopted by the board.
25-5 Sec. 6.15. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED
25-6 LICENSE. The board shall issue a new license to replace a license
25-7 that has been lost, destroyed, or mutilated, subject to the rules
25-8 and fees adopted by the board.
25-9 SUBCHAPTER G. LICENSE RENEWAL
25-10 Sec. 7.01. LICENSE RENEWAL. (a) Not later than the 60th
25-11 day before the date the license expires, the board shall notify a
25-12 license holder of:
25-13 (1) the date the license expires; and
25-14 (2) the amount of the fee required for renewal.
25-15 (b) The board shall renew the license of a license holder
25-16 who before the date the license expires or within a period not to
25-17 exceed 60 days after the expiration date:
25-18 (1) submits the required renewal application and fee
25-19 and a penalty for late renewal if required; and
25-20 (2) meets the requirements for renewal established by
25-21 the board.
25-22 (c) The board by rule may establish conditions and fees for
25-23 the reissuance of a license that has lapsed, expired, or been
25-24 suspended or revoked.
25-25 Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION. As a
25-26 condition for renewal of a license, the board may require each
25-27 license holder to participate in continuing professional education
26-1 on a periodic or other basis.
26-2 SUBCHAPTER H. PUBLIC PRACTICE OF THE GEOSCIENCES
26-3 Sec. 8.01. PUBLIC PRACTICE OF THE GEOSCIENCES BY FIRM OR
26-4 CORPORATION. (a) A firm or corporation may engage in the public
26-5 practice of the geosciences only if:
26-6 (1) the geoscientific work is performed by or under
26-7 the supervision of a geoscientist licensed to practice the
26-8 geosciences who is in responsible charge of the work and who signs
26-9 and seals all documents as required by this Act; or
26-10 (2) the principal business of the firm or corporation
26-11 is the public practice of the geosciences as determined by board
26-12 rule and a principal of the firm or an officer or director of the
26-13 corporation is licensed as a geoscientist and has overall
26-14 supervision and control of the geoscientific work performed in this
26-15 state.
26-16 (b) The board may adopt rules relating to the practice of
26-17 the geosciences by a firm or corporation.
26-18 (c) Except as provided by this section, an individual, firm,
26-19 or corporation may not represent to the public that the individual,
26-20 firm, or corporation is a licensed geoscientist or able to perform
26-21 geoscientific services or prepare a report or other document that
26-22 requires the signature and seal of a license holder under Section
26-23 6.14(b) of this Act.
26-24 SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY
26-25 ACTIONS AND PROCEDURE
26-26 Sec. 9.01. DENIAL OF LICENSE. (a) The board may deny a
26-27 license:
27-1 (1) to an applicant who fails to satisfy a requirement
27-2 of this Act; or
27-3 (2) on a determination by the board that there is
27-4 probable cause to believe that an applicant has violated:
27-5 (A) this Act;
27-6 (B) a provision of this Act to which a license
27-7 holder would be subject; or
27-8 (C) a comparable provision in the licensing or
27-9 registration law of another state.
27-10 (b) The board may not issue a license pending the
27-11 disposition of a complaint alleging a violation in this or another
27-12 state if the board has notice of the alleged violation.
27-13 (c) The board shall notify an applicant who is denied a
27-14 license of the reason for denial in writing not later than the 30th
27-15 day after the date of the board's decision. Not later than the
27-16 30th day after the date of receipt of the notice, the applicant may
27-17 make a written request for a hearing. In the absence of a request
27-18 for a hearing, the board's action is final.
27-19 Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION. The board may
27-20 impose appropriate sanctions for:
27-21 (1) the practice of fraud or deceit in obtaining a
27-22 license as a geoscientist;
27-23 (2) incompetence, misconduct, fraud, gross negligence,
27-24 or repeated incidents of negligence in the public practice of
27-25 geoscience;
27-26 (3) conviction of a license holder of a crime
27-27 involving moral turpitude or a felony;
28-1 (4) the imposition of an administrative or civil
28-2 penalty or a criminal fine, or the imprisonment or probation
28-3 instead of a fine, for a misdemeanor relating to or arising out of
28-4 the public practice of geoscience;
28-5 (5) the issuance of a cease and desist order or a
28-6 similar sanction relating to or arising out of the public practice
28-7 of geoscience;
28-8 (6) using the seal of another license holder or using
28-9 or allowing the use of the license holder's seal on geoscientific
28-10 work not performed by or under the supervision of the license
28-11 holder;
28-12 (7) aiding or abetting a person in a violation of this
28-13 Act;
28-14 (8) the revocation or suspension of a license, the
28-15 denial of renewal of a license, or other disciplinary action taken
28-16 by a state agency, board of registration, or similar licensing
28-17 agency for geoscientists or a profession or occupation related to
28-18 the public practice of geoscience;
28-19 (9) practicing or offering to practice geoscience or
28-20 representing to the public that the person or the person's firm or
28-21 corporation is licensed or qualified to practice geoscience if the
28-22 person is not licensed under this Act or the person's firm or
28-23 corporation does not employ a licensed geoscientist as required
28-24 under this Act; or
28-25 (10) violating this Act, a rule adopted under this
28-26 Act, including the code of professional conduct, or a comparable
28-27 provision of the laws or rules regulating the practice of
29-1 geoscience in another state or country.
29-2 Sec. 9.03. DISCIPLINARY ACTIONS. (a) The board may take
29-3 the following disciplinary actions:
29-4 (1) refuse to issue or renew a license;
29-5 (2) permanently revoke a license;
29-6 (3) suspend a license for a specified time, not to
29-7 exceed three years, to take effect immediately notwithstanding an
29-8 appeal if the board determines that the license holder's continued
29-9 practice constitutes an imminent danger to the public health,
29-10 safety, or welfare;
29-11 (4) issue a public or private reprimand to an
29-12 applicant, a license holder, or an individual, firm, or corporation
29-13 practicing geoscience under this Act;
29-14 (5) impose limitations, conditions, or restrictions on
29-15 the practice of an applicant, a license holder, or an individual,
29-16 firm, or corporation practicing geoscience under this Act;
29-17 (6) require that a license holder participate in a
29-18 peer review program under rules adopted by the board;
29-19 (7) require that a license holder obtain remedial
29-20 education and training prescribed by the board;
29-21 (8) impose probation on a license holder requiring
29-22 regular reporting to the board;
29-23 (9) require restitution, in whole or in part, of
29-24 compensation or fees earned by a license holder, individual, firm,
29-25 or corporation practicing geoscience under this Act;
29-26 (10) impose an appropriate administrative penalty for
29-27 a violation of this Act or a rule adopted under this Act on a
30-1 license holder or a person who is not licensed and is not exempt
30-2 from licensure under this Act; or
30-3 (11) issue a cease and desist order.
30-4 (b) The board may not impose a sanction for a ground
30-5 described by Section 9.02(8) of this Act that exceeds in severity
30-6 or duration the sanction on which the board's action is based.
30-7 Sec. 9.04. RIGHT TO HEARING. A person whose license the
30-8 board proposes to suspend or revoke is entitled to a hearing.
30-9 Sec. 9.05. REINSTATEMENT. (a) On application, the board
30-10 may reinstate a license to engage in the public practice of the
30-11 geosciences to a person whose license has been revoked if a
30-12 majority of the entire board votes in favor of the reinstatement.
30-13 (b) As a condition for reinstatement, the board may:
30-14 (1) review the applicant's qualifications and
30-15 experience;
30-16 (2) require continuing professional education;
30-17 (3) conduct a reexamination on a periodic or other
30-18 basis; or
30-19 (4) require other evidence of the competence of the
30-20 applicant.
30-21 SUBCHAPTER J. ADMINISTRATIVE PENALTY
30-22 Sec. 10.01. IMPOSITION OF PENALTY. The board may impose an
30-23 administrative penalty against a person licensed under this Act or
30-24 any other person who violates this Act or a rule or order adopted
30-25 under this Act.
30-26 Sec. 10.02. AMOUNT OF PENALTY. (a) The board may include
30-27 in the amount of the administrative penalty the actual costs of
31-1 investigating and prosecuting the violation.
31-2 (b) The amount of the penalty may not exceed $3,000 for each
31-3 violation. Each day a violation continues or occurs is a separate
31-4 violation for purposes of imposing a penalty.
31-5 (c) The amount of the penalty shall be based on:
31-6 (1) the seriousness of the violation, including:
31-7 (A) the nature, circumstances, extent, and
31-8 gravity of any prohibited acts; and
31-9 (B) the hazard or potential hazard created to
31-10 the health, safety, or economic welfare of the public;
31-11 (2) the economic harm to property or the environment
31-12 caused by the violation;
31-13 (3) the history of previous violations;
31-14 (4) the amount necessary to deter a future violation;
31-15 (5) efforts or resistance to efforts to correct the
31-16 violation; and
31-17 (6) any other matter that justice may require.
31-18 Sec. 10.03. PROCEDURAL RULES. (a) The board shall adopt
31-19 rules of procedure for the imposition of an administrative penalty.
31-20 (b) Rules adopted under this section must conform to the
31-21 requirements of Chapter 2001, Government Code.
31-22 Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL.
31-23 (a) Not later than the 30th day after the date the board's order
31-24 becomes final, the person shall:
31-25 (1) pay the penalty;
31-26 (2) pay the penalty and file a petition for judicial
31-27 review contesting the occurrence of the violation, the amount of
32-1 the penalty, or both; or
32-2 (3) without paying the penalty, file a petition for
32-3 judicial review contesting the occurrence of the violation, the
32-4 amount of the penalty, or both.
32-5 (b) Within the 30-day period, a person who acts under
32-6 Subsection (a)(3) of this section may:
32-7 (1) stay enforcement of the penalty by:
32-8 (A) paying the penalty to the court for
32-9 placement in an escrow account; or
32-10 (B) giving to the court a supersedeas bond
32-11 approved by the court for the amount of the penalty that is
32-12 effective until all judicial review of the board's order is final;
32-13 or
32-14 (2) request the court to stay enforcement of the
32-15 penalty by:
32-16 (A) filing with the court a sworn affidavit of
32-17 the person stating that the person is financially unable to pay the
32-18 penalty and is financially unable to give the supersedeas bond; and
32-19 (B) giving a copy of the affidavit to the
32-20 executive director by certified mail.
32-21 (c) On receipt of a copy of an affidavit under Subsection
32-22 (b)(2) of this section, the executive director may file with the
32-23 court, not later than the fifth day after the date the copy is
32-24 received, a contest to the affidavit. The court shall hold a
32-25 hearing on the facts alleged in the affidavit as soon as
32-26 practicable and shall stay the enforcement of the penalty on
32-27 finding that the alleged facts are true. The person who files an
33-1 affidavit has the burden of proving that the person is financially
33-2 unable to pay the penalty and to give a supersedeas bond.
33-3 Sec. 10.05. COLLECTION OF PENALTY. If the person does not
33-4 pay the penalty and the enforcement of the penalty is not stayed,
33-5 the executive director may refer the matter to the attorney general
33-6 for collection of the penalty.
33-7 Sec. 10.06. STANDARD OF JUDICIAL REVIEW. The order of the
33-8 board is subject to judicial review under the substantial evidence
33-9 rule.
33-10 Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST. (a) If the
33-11 court sustains the occurrence of the violation, the court may
33-12 uphold or reduce the amount of the penalty and order the person to
33-13 pay the full or reduced penalty. If the court does not sustain the
33-14 occurrence of the violation, the court shall order that no penalty
33-15 is owed.
33-16 (b) If after judicial review the administrative penalty is
33-17 reduced or not imposed by the court, the court shall, after the
33-18 judgment becomes final:
33-19 (1) order that the appropriate amount, plus accrued
33-20 interest, be remitted to the person if the person paid the penalty;
33-21 or
33-22 (2) order the release of the bond if the penalty is
33-23 not imposed or order the release of the bond after the person pays
33-24 the penalty if the person posted a supersedeas bond.
33-25 (c) The interest paid under Subsection (b)(1) of this
33-26 section is the rate charged on loans to depository institutions by
33-27 the New York Federal Reserve Bank. The interest shall be paid for
34-1 the period beginning on the date the penalty is paid and ending on
34-2 the date the penalty is remitted.
34-3 SUBCHAPTER K. CRIMINAL PENALTY
34-4 Sec. 11.01. CRIMINAL PENALTY. (a) A person commits an
34-5 offense if the person:
34-6 (1) practices or offers to practice the geosciences in
34-7 this state without being licensed or exempted from licensure under
34-8 this Act;
34-9 (2) presents or attempts to use the license or the
34-10 seal of another;
34-11 (3) gives false or forged evidence to the board or to
34-12 a member of the board in obtaining a license; or
34-13 (4) otherwise violates this Act.
34-14 (b) An offense under Subsection (a) of this section is a
34-15 Class A misdemeanor.
34-16 SUBCHAPTER L. OTHER ENFORCEMENT PROVISIONS
34-17 Sec. 12.01. INJUNCTION. The board may seek an injunction
34-18 against a violation of this Act or a rule adopted under this Act.
34-19 SUBCHAPTER M. TRANSITION
34-20 Sec. 13.01. TRANSITION. (a) An applicant who applies for a
34-21 license under this Act before September 1, 2000, may be qualified
34-22 for licensure without passing the written examination described by
34-23 Section 6.05(4) if the applicant fulfills the requirements of
34-24 Sections 6.05(1), (2), (3), and (5).
34-25 (b) An initial member of the board who is required to be a
34-26 licensed geoscientist must be qualified for licensure under
34-27 Subsection (a) of this section.
35-1 (c) The governor shall make the initial appointments to the
35-2 board before November 1, 1999, as follows:
35-3 (1) three members for terms expiring in 2001;
35-4 (2) three members for terms expiring in 2003; and
35-5 (3) three members for terms expiring in 2005.
35-6 (d) The board shall hold its first meeting before January 1,
35-7 2000. The board shall adopt rules under this Act not later than
35-8 November 30, 2000.
35-9 (e) A person is not required to obtain a license under this
35-10 Act until January 1, 2001.
35-11 SECTION 2. EFFECTIVE DATE. This Act takes effect September
35-12 1, 1999, except that Section 6.01 and Subchapters J and K take
35-13 effect January 1, 2001.
35-14 SECTION 3. EMERGENCY. The importance of this legislation
35-15 and the crowded condition of the calendars in both houses create an
35-16 emergency and an imperative public necessity that the
35-17 constitutional rule requiring bills to be read on three several
35-18 days in each house be suspended, and this rule is hereby suspended.