76R16552 SMH-F                          
         By Brown                                               S.B. No. 129
         Substitute the following for S.B. No. 129:
         By Wilson                                          C.S.S.B. No. 129
                                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 the disciplines of geology,
1-22     geophysics, soil science, and physical geography.
1-23                 (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     Subdivision (3) of Section 6.05 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 the Professional Land
 4-1     Surveying Practices Act (Article 5282c, Vernon's Texas Civil
 4-2     Statutes).
 4-3           (c)  This Act does not authorize the practice of engineering
 4-4     by a licensed geoscientist.
 4-5           (d)  This Act does not require a licensed engineer, or a
 4-6     person acting under the supervision of a licensed engineer, who
 4-7     performs service or work that is both engineering and geoscience to
 4-8     be licensed as a geoscientist or to work under the supervision of a
 4-9     geoscientist.
4-10           (e)  A recommendation, design, analysis, redesign, or review
4-11     and evaluation, the supervision, or a summary analysis of an
4-12     engineered structure or work, the performance of which requires
4-13     engineering education, training, and experience in the application
4-14     of special knowledge of mathematical, physical, and engineering
4-15     sciences, is engineering and is subject to The Texas Engineering
4-16     Practice Act (Article 3271a, Vernon's Texas Civil Statutes).
4-17           (f)  This Act does not permit a licensed geoscientist to
4-18     perform an engineering analysis supporting an engineering design
4-19     unless the action is under the supervision of a licensed engineer.
4-20           (g)  This Act does not permit a licensed geoscientist to
4-21     provide construction quality control and evaluation, to perform
4-22     materials engineering and testing, or to design, develop, or
4-23     perform engineering review and evaluation of engineering plans and
4-24     engineering specifications for an engineered structure or work
4-25     unless the action is under the supervision of a licensed engineer.
4-26           (h)  With regard to an environmental and pollution
4-27     remediation project, this Act:
 5-1                 (1)  permits the characterization, study, appraisal,
 5-2     investigation, and geoscientific review and evaluation of and the
 5-3     making of recommendations regarding the geoscientific components of
 5-4     a project by a licensed geoscientist; and
 5-5                 (2)  does not permit the design, development, or
 5-6     performance of engineering review and evaluation of an engineered
 5-7     structure, work, or process or related constructed improvements by
 5-8     a licensed geoscientist.
 5-9           (i)  With regard to a geoscientific investigation of
5-10     geological conditions affecting an engineered work, this Act:
5-11                 (1)  permits the characterization, study, appraisal,
5-12     investigation, and geoscientific review and evaluation of and the
5-13     making of recommendations regarding the geoscientific components of
5-14     a project by a licensed geoscientist; and
5-15                 (2)  does not permit the design, development, or
5-16     performance of engineering review and evaluation of an engineered
5-17     structure, work, or process or related constructed improvements by
5-18     a licensed geoscientist.
5-19           (j)  The board and the Texas Board of Professional Engineers
5-20     by rule, memorandum of agreement, or another appropriate procedure
5-21     or document shall jointly resolve any conflict between this Act or
5-22     a rule adopted under this Act and The Texas Engineering Practice
5-23     Act (Article 3271a, Vernon's Texas Civil Statutes) or a rule
5-24     adopted under that Act.
5-25          SUBCHAPTER B.  TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
5-26           Sec. 2.01.  BOARD MEMBERSHIP.  (a)  The Texas Board of
5-27     Professional Geoscientists shall administer this Act.
 6-1           (b)  The board is composed of nine members appointed by the
 6-2     governor with the advice and consent of the senate.
 6-3           (c)  Six members of the board must be geoscientists licensed
 6-4     under this Act.  To the extent possible, the composition of the
 6-5     geoscientists serving on the board must be representative of the
 6-6     occupational distribution of geoscientists licensed or regulated
 6-7     under this Act.
 6-8           (d)  Three members of the board must be members of the
 6-9     public.
6-10           (e)  Appointments to the board shall be made without regard
6-11     to the race, color, disability, sex, religion, age, or national
6-12     origin of the appointees.
6-13           Sec. 2.02.  MEMBER ELIGIBILITY.  (a)  A member of the board
6-14     must:
6-15                 (1)  be a citizen of the United States;
6-16                 (2)  have been a resident of this state for at least
6-17     the three years preceding appointment; and
6-18                 (3)  be at least 25 years of age.
6-19           (b)  A person is not eligible for appointment as a public
6-20     member of the board if the person or the person's spouse:
6-21                 (1)  is registered, certified, or licensed by an
6-22     occupational regulatory agency in the field of geoscience;
6-23                 (2)  is employed by or participates in the management
6-24     of a business entity or other organization regulated by or
6-25     receiving money from the board;
6-26                 (3)  owns or controls, directly or indirectly, more
6-27     than a 10 percent interest in a business entity or other
 7-1     organization regulated by or receiving money from the board; or
 7-2                 (4)  uses or receives a substantial amount of tangible
 7-3     goods, services, or money from the board other than compensation or
 7-4     reimbursement authorized by law for board membership, attendance,
 7-5     or expenses.
 7-6           Sec. 2.03.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In
 7-7     this section, "society or trade association" means a nonprofit,
 7-8     cooperative, and voluntarily joined association of business or
 7-9     professional competitors designed to assist its members and its
7-10     industry or profession in dealing with mutual business or
7-11     professional problems and in promoting their common interest.
7-12           (b)  A person may not be a member of the board and may not be
7-13     a board employee employed in a "bona fide executive,
7-14     administrative, or professional capacity," as that phrase is used
7-15     in the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
7-16     seq.) and its subsequent amendments, if:
7-17                 (1)  the person is an officer, employee, or paid
7-18     consultant of a society or trade association in the field of
7-19     geoscience; or
7-20                 (2)  the person's spouse is an officer, manager, or
7-21     paid consultant of a society or trade association in the field of
7-22     geoscience.
7-23           (c)  A person may not be a member of the board or act as the
7-24     general counsel to the board if the person is required to register
7-25     as a lobbyist under Chapter 305, Government Code, because of the
7-26     person's activities for compensation on behalf of a profession
7-27     related to the operation of the board.
 8-1           Sec. 2.04.  TERMS.  (a)  Members of the board serve staggered
 8-2     six-year terms, with the terms of three members expiring February 1
 8-3     of each odd-numbered year.
 8-4           (b)  A member of the board may not serve more than two
 8-5     consecutive full terms.
 8-6           Sec. 2.05.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 8-7     removal from the board if:
 8-8                 (1)  the member is no longer qualified for appointment
 8-9     to the board;
8-10                 (2)  the member engages in misconduct, is determined
8-11     incompetent, neglects the member's official duties, or engages in
8-12     malfeasance;
8-13                 (3)  the member commits a felony or a violation of this
8-14     Act resulting in disciplinary action; or
8-15                 (4)  the member fails without excuse to attend at least
8-16     half of the regularly scheduled meetings held in a calendar year
8-17     while the member is a member of the board.
8-18           (b)  The validity of an action of the board is not affected
8-19     by the fact that it is taken when a ground for removal of a board
8-20     member exists.
8-21           (c)  If the executive director has knowledge that a potential
8-22     ground for removal exists, the executive director shall notify the
8-23     presiding officer of the board of the potential ground.  The
8-24     presiding officer shall then notify the governor and the attorney
8-25     general that a potential ground for removal exists.  If the
8-26     potential ground for removal involves the presiding officer, the
8-27     executive director shall notify the assistant presiding officer,
 9-1     who shall then notify the governor and the attorney general that a
 9-2     potential ground for removal exists.
 9-3           Sec. 2.06.  REIMBURSEMENT FOR TRAVEL EXPENSES.  A member of
 9-4     the board is entitled to reimbursement for the travel expenses
 9-5     incurred by the member while conducting the business of the board,
 9-6     as provided by the General Appropriations Act.
 9-7           Sec. 2.07.  OFFICERS.  (a)  The board shall elect biennially
 9-8     from its own membership a presiding officer, assistant presiding
 9-9     officer, and secretary-treasurer.  A member may not hold one of
9-10     these positions for more than two consecutive two-year periods.  A
9-11     member serves in the position at the will of the board and may be
9-12     removed from the position by a two-thirds majority vote of the
9-13     board.
9-14           (b)  The board may appoint an assistant secretary and other
9-15     assistants who are not members of the board to assist the board and
9-16     exercise its authority in carrying out the board's powers and
9-17     duties.
9-18           Sec. 2.08.  OFFICE.  The board shall maintain its office in
9-19     Austin.
9-20           Sec. 2.09.  MEETINGS.  The board shall hold two or more
9-21     regular meetings in each calendar year.  A special meeting may be
9-22     held at a time permitted by rule of the board.
9-23           Sec. 2.10.  TRAINING.  (a)  A person who is appointed to and
9-24     qualifies for office as a member of the board may not vote,
9-25     deliberate, or be counted as a member in attendance at a meeting of
9-26     the board until the person completes a training program that
9-27     complies with this section.
 10-1          (b)  The training program must provide the person with
 10-2    information regarding:
 10-3                (1)  the legislation that created the board;
 10-4                (2)  the programs operated by the board;
 10-5                (3)  the role and functions of the board;
 10-6                (4)  the rules of the board, with an emphasis on the
 10-7    rules that relate to disciplinary and investigatory authority;
 10-8                (5)  the current budget for the board;
 10-9                (6)  the results of the most recent formal audit of the
10-10    board;
10-11                (7)  the requirements of:
10-12                      (A)  the open meetings law, Chapter 551,
10-13    Government Code;
10-14                      (B)  the public information law, Chapter 552,
10-15    Government Code;
10-16                      (C)  the administrative procedure law, Chapter
10-17    2001, Government Code; and
10-18                      (D)  other laws relating to public officials,
10-19    including conflict-of-interest laws; and
10-20                (8)  any applicable ethics policies adopted by the
10-21    board or the Texas Ethics Commission.
10-22          (c)  A person appointed to the board is entitled to
10-23    reimbursement, as provided by the General Appropriations Act, for
10-24    the travel expenses incurred in attending the training program
10-25    regardless of whether the attendance at the program occurs before
10-26    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 policy
12-11    making 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 Subdivision (1) of Subsection (b) of
13-23    this section; and
13-24                (3)  be filed with the governor's office.
13-25                  SUBCHAPTER D.  BOARD POWERS AND DUTIES
13-26          Sec. 4.01.  GENERAL RULEMAKING AUTHORITY.  The board may
13-27    adopt and enforce rules consistent with this Act and necessary for
 14-1    the performance of its duties.
 14-2          Sec. 4.02.  FEES.  The board may set reasonable and necessary
 14-3    fees to be charged applicants and license holders under this Act,
 14-4    including fees for application, examination, licensure, and renewal
 14-5    of a license.
 14-6          Sec. 4.03.  CODE OF PROFESSIONAL CONDUCT.  (a)  The board by
 14-7    rule shall adopt a code of professional conduct that is binding on
 14-8    all license holders under this Act.
 14-9          (b)  The board may enforce the code by imposing sanctions as
14-10    provided by this Act.
14-11          Sec. 4.04.  ENFORCEMENT; REFERRAL OF COMPLAINTS AND
14-12    INVESTIGATIONS.  (a)  The board shall enforce this Act.  Any member
14-13    of the board may present to a prosecuting officer a complaint
14-14    relating to a violation of this Act.  The board through its
14-15    members, officers, counsel, or agents may assist in the trial of a
14-16    case involving the violation of this Act, subject to the control of
14-17    the prosecuting officer.
14-18          (b)  Notwithstanding Subsection (a) of this section, the
14-19    board shall refer a complaint or investigation involving the
14-20    unlicensed practice of the geosciences by a person who is licensed
14-21    as an engineer, surveyor, or member of another similar profession
14-22    to the agency that issued the license to the person.
14-23          (c)  The board may administer oaths and affirmations and
14-24    issue subpoenas to compel the attendance of witnesses and the
14-25    production of evidence.
14-26          (d)  The attorney general shall act as legal advisor to the
14-27    board and shall render legal assistance as necessary in enforcing
 15-1    this Act.
 15-2          Sec. 4.05.  RECOGNITION OF USE OF DESIGNATIONS.  (a)  The
 15-3    board by rule may recognize the use of the designations used by a
 15-4    professional organization, society, or association that maintains a
 15-5    geoscientist certification program if:
 15-6                (1)  the requirements for that certification are
 15-7    acceptable to the board;
 15-8                (2)  the full name or recognized abbreviation of the
 15-9    organization, society, or association granting the certification is
15-10    stated following or in conjunction with the use of the designation
15-11    or abbreviation; and
15-12                (3)  the designation or abbreviation is not used in a
15-13    manner that is misleading or that creates an impression that the
15-14    person is licensed to practice geoscience before the public unless
15-15    the person is licensed under this Act.
15-16          (b)  The board by rule shall recognize the title "geological
15-17    engineer," "geotechnical engineer," "hydraulic engineer," or
15-18    "agricultural engineer" or another legitimate engineering title as
15-19    a legitimate engineering title separate from the geosciences, the
15-20    use of which requires licensure as a professional engineer.
15-21          Sec. 4.06.  ESTABLISHMENT OF DISCIPLINES.  The board by rule
15-22    shall establish the criteria and appropriate requirements for
15-23    licensure in the various disciplines of the geosciences, including
15-24    geology, geophysics, soil science, and physical geography.
15-25          Sec. 4.07.  AGREEMENTS TO DEVELOP UNIFORM STANDARDS.  The
15-26    board may enter into agreements with licensing or registration
15-27    boards in other states and other appropriate organizations,
 16-1    societies, associations, and agencies to develop uniform standards
 16-2    for:
 16-3                (1)  the licensing or registration of geoscientists;
 16-4                (2)  accrediting educational programs;
 16-5                (3)  establishing reciprocal and temporary licenses;
 16-6                (4)  developing regional or national examinations;
 16-7                (5)  evaluating applicants; or
 16-8                (6)  another purpose consistent with this Act.
 16-9          Sec. 4.08.  AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES.  In
16-10    connection with the administration of this Act, the board may:
16-11                (1)  appoint committees;
16-12                (2)  employ personnel, contractors, and consultants;
16-13                (3)  lease or purchase furnishings, equipment, and
16-14    supplies;
16-15                (4)  lease office space; and
16-16                (5)  incur other similar expenses.
16-17          Sec. 4.09.  ROSTER OF LICENSE HOLDERS.  (a)  The board shall
16-18    maintain a roster stating the name and place of business of each
16-19    licensed geoscientist.
16-20          (b)  The board shall maintain copies of the roster and shall
16-21    provide a copy on request to a state agency, a county or municipal
16-22    clerk or building official, or a license or certificate holder.
16-23          (c)  The board shall provide a copy of the roster to another
16-24    person on written request, subject to payment of a reasonable fee
16-25    set by the board.
16-26          Sec. 4.10.  LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE
16-27    REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENT EXISTS.  The
 17-1    board shall maintain a list of each state, territory, or possession
 17-2    of the United States, the District of Columbia, or foreign country
 17-3    in which the requirements and qualifications for licensure or
 17-4    registration are comparable to those established in this state and
 17-5    with which a reciprocity agreement exists.
 17-6    SUBCHAPTER E.  PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
 17-7          Sec. 5.01.  PUBLIC INTEREST INFORMATION.  The board shall:
 17-8                (1)  prepare information of public interest describing:
 17-9                      (A)  the regulatory functions of the board; and
17-10                      (B)  the board's procedures by which complaints
17-11    are filed with and resolved by the board; and
17-12                (2)  make the information available to the public and
17-13    appropriate state agencies.
17-14          Sec. 5.02.  COMPLAINTS.  (a)  A person may bring a complaint
17-15    alleging a violation of this Act or a rule adopted under this Act.
17-16          (b)  A complaint must be:
17-17                (1)  in writing;
17-18                (2)  sworn to by the person making the complaint; and
17-19                (3)  filed with the secretary-treasurer.
17-20          (c)  The board shall maintain a file on each complaint filed
17-21    with the board.  The file must include:
17-22                (1)  the name of the person who filed the complaint;
17-23                (2)  the date the complaint is received by the board;
17-24                (3)  the subject matter of the complaint;
17-25                (4)  the name of each person contacted in relation to
17-26    the complaint;
17-27                (5)  a summary of the results of the review or
 18-1    investigation of the complaint; and
 18-2                (6)  an explanation of the reason the file was closed,
 18-3    if the board closed the file without taking action other than to
 18-4    investigate the complaint.
 18-5          (d)  The board shall provide to the person filing the
 18-6    complaint and to each person who is a subject of the complaint a
 18-7    copy of the board's policies and procedures relating to complaint
 18-8    investigation and resolution.
 18-9          (e)  The board shall investigate all complaints brought to
18-10    its attention and may employ investigators, expert witnesses, and
18-11    hearing officers, appoint advisory committees, and conduct hearings
18-12    to determine whether disciplinary or other action should be taken.
18-13          (f)  The board, at least quarterly until final disposition of
18-14    the complaint, shall notify the person filing the complaint and
18-15    each person who is a subject of the complaint of the status of the
18-16    investigation unless the notice would jeopardize an undercover
18-17    investigation.
18-18          Sec. 5.03.  PUBLIC PARTICIPATION.  The board shall develop
18-19    and implement policies that provide the public with a reasonable
18-20    opportunity to appear before the board and to speak on any issue
18-21    under the jurisdiction of the board.
18-22                    SUBCHAPTER F.  LICENSE REQUIREMENTS
18-23          Sec. 6.01.  LICENSE REQUIRED.  (a)  Unless exempted by this
18-24    Act, a person may not engage in the public practice of the
18-25    geosciences unless the person holds a license issued under this
18-26    Act.
18-27          (b)  Unless the person is licensed under this Act, a person
 19-1    may not:
 19-2                (1)  use the term "Licensed Professional Geoscientist"
 19-3    or the initials "P.G." as part of a professional, business, or
 19-4    commercial identification or title; or
 19-5                (2)  otherwise represent to the public that the person
 19-6    is qualified to:
 19-7                      (A)  practice as a geoscientist; or
 19-8                      (B)  engage in the practice of the geosciences.
 19-9          (c)  A person may not take responsible charge of a
19-10    geoscientific report or a geoscientific portion of a report
19-11    required by municipal or county ordinance, state or federal law,
19-12    state agency rule, or federal regulation that incorporates or is
19-13    based on a geoscientific study or geoscientific data unless the
19-14    person is licensed under this Act or exempt under Section 1.04 or
19-15    6.02 of this Act.
19-16          Sec. 6.02.  EXEMPTIONS.  The following activities do not
19-17    require a license under this Act:
19-18                (1)  geoscientific work performed by an employee or a
19-19    subordinate of a license holder under this Act if the work does not
19-20    include the responsible charge of geoscientific work and is
19-21    performed under the direct supervision of a licensed geoscientist
19-22    who is responsible for the work;
19-23                (2)  geoscientific work performed by an officer or
19-24    employee of the United States practicing solely as such an officer
19-25    or employee;
19-26                (3)  geoscientific work performed exclusively in
19-27    exploring for and developing oil, gas, or other energy resources,
 20-1    base metals, or precious or nonprecious minerals, including sand,
 20-2    gravel, or aggregate, if the work is done in and for the benefit of
 20-3    private industry;
 20-4                (4)  geoscientific research conducted through an
 20-5    academic institution, state or federal governmental agency,
 20-6    nonprofit research institution, or for-profit organization that
 20-7    includes submitting a report on the research to a public agency
 20-8    unless the work is covered by Subsection (c) of Section 6.01 of
 20-9    this Act;
20-10                (5)  teaching the geosciences or a related physical or
20-11    natural science;
20-12                (6)  work customarily performed by a cartographer or a
20-13    physical or natural scientist, including a chemist, archaeologist,
20-14    geographer, or oceanographer, if the work does not include the
20-15    planning and execution of a geoscientific investigation, involve
20-16    the scientist's being in responsible charge of geoscientific work,
20-17    or require drawing geoscientific conclusions;
20-18                (7)  work performed by an archaeologist, geoscientist,
20-19    or other person conducting a stratigraphic or historical geological
20-20    investigation for archaeological purposes;
20-21                (8)  testifying or preparing and presenting an exhibit
20-22    or document for the sole purpose of being placed in evidence before
20-23    an administrative or judicial tribunal or hearing if the testimony,
20-24    exhibit, or document does not imply that the person is licensed
20-25    under this Act;
20-26                (9)  the evaluation by a state agency as defined by
20-27    Section 2001.003, Government Code, or a hearing examiner of an
 21-1    exhibit or document offered or placed in evidence before an
 21-2    administrative tribunal; or
 21-3                (10)  the determination of the suitability of a site
 21-4    for a specific on-site sewage disposal system by a site evaluator
 21-5    certified by the Texas Natural Resource Conservation Commission.
 21-6          Sec. 6.03.  LICENSE APPLICATION.  (a)  An applicant for a
 21-7    license as a geoscientist, including an applicant for a temporary
 21-8    or reciprocal license, must apply on a form prescribed by the board
 21-9    that is signed and sworn to by the applicant before a notary
21-10    public.
21-11          (b)  The application must be accompanied by the appropriate
21-12    application fee and include:
21-13                (1)  information concerning the applicant's education;
21-14                (2)  a detailed summary of the applicant's work
21-15    experience in the geosciences;
21-16                (3)  a signed statement that the applicant has read and
21-17    will comply with the code of professional conduct adopted under
21-18    this Act; and
21-19                (4)  not fewer than five reference letters, of which
21-20    not fewer than three are from geoscientists who have personal
21-21    knowledge of the applicant's work experience in the geosciences.
21-22          Sec. 6.04.  EXAMINATIONS.  (a)  The board may prepare,
21-23    administer, and grade oral and written examinations required or
21-24    permitted under this Act.
21-25          (b)  The board may adopt or recognize, in whole or in part,
21-26    an examination prepared, administered, or graded by another
21-27    organization, on a regional or national basis, that the board
 22-1    determines appropriate to measure the qualifications of an
 22-2    applicant for a license as a geoscientist if:
 22-3                (1)  the examination questions, the correct answers,
 22-4    and the applicant's completed examination are available to the
 22-5    board; and
 22-6                (2)  the board retains the authority to determine a
 22-7    passing grade for a license in this state.
 22-8          Sec. 6.05.  LICENSE ELIGIBILITY.  To be eligible for a
 22-9    license as a geoscientist, an applicant must:
22-10                (1)  be of good moral and ethical character as attested
22-11    to by letters of reference submitted in behalf of the applicant or
22-12    as otherwise determined by the board;
22-13                (2)  have:
22-14                      (A)  graduated from a course of study in
22-15    geoscience satisfactory to the board of at least four years that
22-16    includes at least 30 semester hours or 45 quarter hours of credit
22-17    in geoscience; or
22-18                      (B)  satisfactorily completed other equivalent
22-19    educational requirements as determined by the board;
22-20                (3)  have a documented record of at least four years of
22-21    qualifying work experience in geoscience, as provided by Section
22-22    6.06 of this Act, that demonstrates that the applicant is qualified
22-23    to assume responsible charge for geoscientific work;
22-24                (4)  have passed an examination required by the board
22-25    covering the fundamentals and practice of the appropriate
22-26    discipline of the geosciences; and
22-27                (5)  meet any other requirements established by the
 23-1    board.
 23-2          Sec. 6.06.  QUALIFYING EXPERIENCE.  The board shall apply the
 23-3    following standards in evaluating the experience of an applicant
 23-4    for a license as a geoscientist under Section 6.05 of this Act:
 23-5                (1)  each year of experience in professional practice
 23-6    acceptable to the board, under the direct supervision of a
 23-7    geoscientist who is licensed in this state or in another state
 23-8    under requirements for licensure or registration that are
 23-9    comparable to those in this Act or under the direct supervision of
23-10    a geoscientist who meets the educational and experience
23-11    requirements for licensure but is not required to be licensed under
23-12    this Act, constitutes one year of professional experience in the
23-13    geosciences; and
23-14                (2)  each year of experience in professional practice
23-15    acceptable to the board and acquired before September 1, 2000,
23-16    constitutes one year of professional experience in the geosciences
23-17    if the experience:
23-18                      (A)  was acquired under the direct supervision of
23-19    a geoscientist who meets the educational and experience
23-20    requirements for a license under this Act or is licensed or
23-21    registered under comparable requirements in another state; or
23-22                      (B)  would constitute the responsible charge of
23-23    professional geoscientific work as determined by the board.
23-24          Sec. 6.07.  GRADUATE STUDY, RESEARCH, AND TEACHING
23-25    EXPERIENCE.  (a)  Each year of full-time graduate study in the
23-26    geosciences that is acceptable to the board constitutes one year of
23-27    professional experience in the geosciences.  Not more than two
 24-1    years of full-time graduate study may be accepted by the board for
 24-2    professional experience for a single applicant.
 24-3          (b)  The board may accept geoscientific research or teaching
 24-4    by a person studying the geosciences at the college or university
 24-5    level as qualifying experience if the research or teaching, in the
 24-6    judgment of the board, is comparable to experience obtained in the
 24-7    practice of the geosciences.
 24-8          Sec. 6.08.  RECIPROCAL LICENSE.  (a)  The board by rule may
 24-9    authorize the licensing of a person who has not met the examination
24-10    requirement of Subdivision (4) of Section 6.05 of this Act if the
24-11    person is licensed or registered to practice the geosciences under
24-12    the law of another state, a territory or possession of the United
24-13    States, the District of Columbia, or a foreign country.
24-14          (b)  The board may issue a license to an applicant who
24-15    provides proof of licensure or registration under requirements that
24-16    the board determines to be substantially similar to those
24-17    established by this Act and who pays the required fees.
24-18          Sec. 6.09.  TEMPORARY LICENSE.  (a)  The board may issue a
24-19    temporary license to a person who:
24-20                (1)  is not a resident of this state and does not have
24-21    an established place of business in this state who seeks to
24-22    practice the geosciences in this state for a temporary period; or
24-23                (2)  applies for a reciprocal license and who seeks to
24-24    practice the geosciences pending a determination on the application
24-25    for the reciprocal license.
24-26          (b)  An applicant for a temporary license must:
24-27                (1)  apply to the board for a temporary license,
 25-1    provide proof of licensure or registration in another state, the
 25-2    District of Columbia, a territory or possession of the United
 25-3    States, or a foreign country, and pay the required fees;
 25-4                (2)  agree to comply with the signature requirements of
 25-5    Subsection (b) of Section 6.14 of this Act and to affix the
 25-6    person's seal from the jurisdiction in which the person is licensed
 25-7    or registered on all work completed while practicing under the
 25-8    temporary license; and
 25-9                (3)  file the required information and reports and
25-10    comply with other requirements established by the board concerning
25-11    the person's temporary practice.
25-12          (c)  A temporary license issued to a nonresident described by
25-13    Subdivision (1) of Subsection (a) of this section expires on the
25-14    90th day after the date of issuance.  A temporary license issued to
25-15    an applicant for a reciprocal license expires on the date the
25-16    reciprocal license is issued or denied.
25-17          Sec. 6.10.  WAIVER OF REQUIREMENTS.  (a)  Except for the
25-18    payment of a required fee, the board may waive any of the
25-19    requirements for licensure by a two-thirds vote of the entire board
25-20    on the written request of an applicant and a showing of good cause
25-21    if the board determines that the applicant is otherwise qualified
25-22    for a license as a geoscientist.
25-23          (b)  Each requirement waived under this section and the basis
25-24    for the waiver must be recorded in the applicant's record and in
25-25    the proceedings of the board.
25-26          Sec. 6.11.  CONFIDENTIALITY OF CERTAIN INFORMATION.  A
25-27    statement made by a person who provides a reference for an
 26-1    applicant for a license under this Act or provides any information
 26-2    compiled by or submitted to the board relating to an applicant is
 26-3    privileged and confidential and may be used only by the board or an
 26-4    employee or agent of the board who is directly involved in the
 26-5    application or licensure process.  Confidential information under
 26-6    this section is not subject to discovery, subpoena, or other
 26-7    disclosure in any proceeding.
 26-8          Sec. 6.12.  ISSUANCE OF LICENSE.  (a)  The board shall issue
 26-9    a license to an applicant who meets the requirements of this Act on
26-10    payment of the applicable license fee.
26-11          (b)  The license must:
26-12                (1)  show the full name of the license holder;
26-13                (2)  have a serial number;
26-14                (3)  state the license holder's discipline; and
26-15                (4)  be signed by an appropriate officer of the board
26-16    under the board's seal.
26-17          (c)  The issuance by the board of a license is prima facie
26-18    evidence that during the term of the license the license holder is
26-19    entitled to:
26-20                (1)  all the rights and privileges of a licensed
26-21    geoscientist; and
26-22                (2)  practice the geosciences as a firm or corporation.
26-23          Sec. 6.13.  LICENSE DURATION; EXPIRATION.  (a)  A license is
26-24    valid for a period not to exceed three years and expires according
26-25    to a schedule established by rule by the board.
26-26          (b)  On expiration, a license is invalid and may not be
26-27    renewed except as provided by this Act.
 27-1          Sec. 6.14.  SEAL.  (a)  On issuance of a license, the license
 27-2    holder must obtain a seal of a design established by the board
 27-3    bearing:
 27-4                (1)  the license holder's name;
 27-5                (2)  the license number;
 27-6                (3)  the words "Licensed Professional Geoscientist";
 27-7    and
 27-8                (4)  the license holder's discipline.
 27-9          (b)  Geoscientific reports, documents, and other records, as
27-10    defined by the board, that are offered to the public and prepared
27-11    or issued by or under the supervision of a licensed geoscientist
27-12    must include the full name, signature, and license number of the
27-13    license holder who prepared the document or under whose supervision
27-14    it was prepared and an impression of the license holder's seal in
27-15    accordance with rules adopted by the board.
27-16          Sec. 6.15.  REPLACEMENT OF LOST, DESTROYED, OR MUTILATED
27-17    LICENSE.  The board shall issue a new license to replace a license
27-18    that has been lost, destroyed, or mutilated, subject to the rules
27-19    and fees adopted by the board.
27-20                      SUBCHAPTER G.  LICENSE RENEWAL
27-21          Sec. 7.01.  LICENSE RENEWAL.  (a)  Not later than the 60th
27-22    day before the date the license expires, the board shall notify a
27-23    license holder of:
27-24                (1)  the date the license expires; and
27-25                (2)  the amount of the fee required for renewal.
27-26          (b)  The board shall renew the license of a license holder
27-27    who before the date the license expires or within a period not to
 28-1    exceed 60 days after the expiration date:
 28-2                (1)  submits the required renewal application and fee
 28-3    and a penalty for late renewal if required; and
 28-4                (2)  meets the requirements for renewal established by
 28-5    the board.
 28-6          (c)  The board by rule may establish conditions and fees for
 28-7    the reissuance of a license that has lapsed, expired, or been
 28-8    suspended or revoked.
 28-9          Sec. 7.02.  CONTINUING PROFESSIONAL EDUCATION.  As a
28-10    condition for renewal of a license, the board may require each
28-11    license holder to  participate in continuing professional education
28-12    on a periodic or other basis.
28-13             SUBCHAPTER H.  PUBLIC PRACTICE OF THE GEOSCIENCES
28-14          Sec. 8.01.  PUBLIC PRACTICE OF THE GEOSCIENCES BY FIRM OR
28-15    CORPORATION.  (a)  Except for an engineering firm excluded from the
28-16    application of this Act under Section 1.04 of this Act, a firm or
28-17    corporation may engage in the public practice of the geosciences
28-18    only if:
28-19                (1)  the geoscientific work is performed by or under
28-20    the supervision of a geoscientist licensed to practice the
28-21    geosciences who is in responsible charge of the work and who signs
28-22    and seals all documents as required by this Act; or
28-23                (2)  the principal business of the firm or corporation
28-24    is the public practice of the geosciences as determined by board
28-25    rule and a principal of the firm or an officer or director of the
28-26    corporation is licensed as a geoscientist and has overall
28-27    supervision and control of the geoscientific work performed in this
 29-1    state.
 29-2          (b)  The board may adopt rules relating to the practice of
 29-3    the geosciences by a firm or corporation.  Rules adopted under this
 29-4    section must recognize that this Act does not apply to a licensed
 29-5    professional engineer or engineering firm that performs service or
 29-6    work that is both engineering and geoscience.  A firm that engages
 29-7    in the practice of both engineering and geoscience is exempt from
 29-8    any firm registration requirements created under this subsection.
 29-9          (c)  Except as provided by this section, an individual, firm,
29-10    or corporation may not represent to the public that the individual,
29-11    firm, or corporation is a licensed geoscientist or able to perform
29-12    geoscientific services or prepare a report or other document that
29-13    requires the signature and seal of a license holder under
29-14    Subsection (b) of Section 6.14 of this Act.
29-15              SUBCHAPTER I.  LICENSE DENIAL AND DISCIPLINARY
29-16                           ACTIONS AND PROCEDURE
29-17          Sec. 9.01.  DENIAL OF LICENSE.  (a)  The board may deny a
29-18    license:
29-19                (1)  to an applicant who fails to satisfy a requirement
29-20    of this Act; or
29-21                (2)  on a determination by the board that there is
29-22    probable cause to believe that an applicant has violated:
29-23                      (A)  this Act;
29-24                      (B)  a provision of this Act to which a license
29-25    holder would be subject; or
29-26                      (C)  a comparable provision in the licensing or
29-27    registration law of another state.
 30-1          (b)  The board may not issue a license pending the
 30-2    disposition of a complaint alleging a violation in this or another
 30-3    state if the board has notice of the alleged violation.
 30-4          (c)  The board shall notify an applicant who is denied a
 30-5    license of the reason for denial in writing not later than the 30th
 30-6    day after the date of the board's decision.  Not later than the
 30-7    30th day after the date of receipt of the notice, the applicant may
 30-8    make a written request for a hearing.  In the absence of a request
 30-9    for a hearing, the board's action is final.
30-10          Sec. 9.02.  GROUNDS FOR DISCIPLINARY ACTION.  The board may
30-11    impose appropriate sanctions for:
30-12                (1)  the practice of fraud or deceit in obtaining a
30-13    license as a geoscientist;
30-14                (2)  incompetence, misconduct, fraud, gross negligence,
30-15    or repeated incidents of negligence in the public practice of the
30-16    geosciences;
30-17                (3)  conviction of a license holder of a crime
30-18    involving moral turpitude or a felony;
30-19                (4)  the imposition of an administrative or civil
30-20    penalty or a criminal fine, or the imprisonment or probation
30-21    instead of a fine, for a misdemeanor relating to or arising out of
30-22    the public practice of the geosciences;
30-23                (5)  the issuance of a cease and desist order or a
30-24    similar sanction relating to or arising out of the public practice
30-25    of the geosciences;
30-26                (6)  using the seal of another license holder or using
30-27    or allowing the use of the license holder's seal on geoscientific
 31-1    work not performed by or under the supervision of the license
 31-2    holder;
 31-3                (7)  aiding or abetting a person in a violation of this
 31-4    Act;
 31-5                (8)  the revocation or suspension of a license, the
 31-6    denial of renewal of a license, or other disciplinary action taken
 31-7    by a state agency, board of registration, or similar licensing
 31-8    agency for geoscientists or a profession or occupation related to
 31-9    the public practice of the geosciences;
31-10                (9)  practicing or offering to practice geoscience or
31-11    representing to the public that the person or the person's firm or
31-12    corporation is licensed or qualified to practice geoscience if the
31-13    person is not licensed under this Act or the person's firm or
31-14    corporation does not employ a licensed geoscientist as required
31-15    under this Act; or
31-16                (10)  violating this Act, a rule adopted under this
31-17    Act, including the code of professional conduct, or a comparable
31-18    provision of the laws or rules regulating the practice of
31-19    geoscience in another state or country.
31-20          Sec. 9.03.  DISCIPLINARY ACTIONS.  (a)  The board may take
31-21    the following disciplinary actions:
31-22                (1)  refuse to issue or renew a license;
31-23                (2)  permanently revoke a license;
31-24                (3)  suspend a license for a specified time, not to
31-25    exceed three years, to take effect immediately notwithstanding an
31-26    appeal if the board determines that the license holder's continued
31-27    practice constitutes an imminent danger to the public health,
 32-1    safety, or welfare;
 32-2                (4)  issue a public or private reprimand to an
 32-3    applicant, a license holder, or an individual, firm, or corporation
 32-4    practicing geoscience under this Act;
 32-5                (5)  impose limitations, conditions, or restrictions on
 32-6    the practice of an applicant, a license holder, or an individual,
 32-7    firm, or corporation practicing geoscience under this Act;
 32-8                (6)  require that a license holder participate in a
 32-9    peer review program under rules adopted by the board;
32-10                (7)  require that a license holder obtain remedial
32-11    education and training prescribed by the board;
32-12                (8)  impose probation on a license holder requiring
32-13    regular reporting to the board;
32-14                (9)  require restitution, in whole or in part, of
32-15    compensation or fees earned by a license holder, individual, firm,
32-16    or corporation practicing geoscience under this Act;
32-17                (10)  impose an appropriate administrative penalty for
32-18    a violation of this Act or a rule adopted under this Act on a
32-19    license holder or a person who is not licensed and is not exempt
32-20    from licensure under this Act; or
32-21                (11)  issue a cease and desist order.
32-22          (b)  The board may not impose a sanction for a ground
32-23    described by Subdivision (8) of Section 9.02 of this Act that
32-24    exceeds in severity or duration the sanction on which the board's
32-25    action is based.
32-26          Sec. 9.04.  RIGHT TO HEARING.  A person whose license the
32-27    board proposes to suspend or revoke is entitled to a hearing.
 33-1          Sec. 9.05.  REINSTATEMENT.  (a)  On application, the board
 33-2    may reinstate a license to engage in the public practice of the
 33-3    geosciences to a person whose license has been revoked if a
 33-4    majority of the entire board votes in favor of the reinstatement.
 33-5          (b)  As a condition for reinstatement, the board may:
 33-6                (1)  review the applicant's qualifications and
 33-7    experience;
 33-8                (2)  require continuing professional education;
 33-9                (3)  conduct a reexamination on a periodic or other
33-10    basis; or
33-11                (4)  require other evidence of the competence of the
33-12    applicant.
33-13                   SUBCHAPTER J.  ADMINISTRATIVE PENALTY
33-14          Sec. 10.01.  IMPOSITION OF PENALTY.  The board may impose an
33-15    administrative penalty against a person licensed under this Act or
33-16    any other person who violates this Act or a rule or order adopted
33-17    under this Act.
33-18          Sec. 10.02.  AMOUNT OF PENALTY.  (a)  The board may include
33-19    in the amount of the administrative penalty the actual costs of
33-20    investigating and prosecuting the violation.
33-21          (b)  The amount of the penalty may not exceed $100 for each
33-22    violation.  Each day a violation continues or occurs is a separate
33-23    violation for purposes of imposing a penalty.
33-24          (c)  The amount of the penalty shall be based on:
33-25                (1)  the seriousness of the violation, including:
33-26                      (A)  the nature, circumstances, extent, and
33-27    gravity of any prohibited acts; and
 34-1                      (B)  the hazard or potential hazard created to
 34-2    the health, safety, or economic welfare of the public;
 34-3                (2)  the economic harm to property or the environment
 34-4    caused by the violation;
 34-5                (3)  the history of previous violations;
 34-6                (4)  the amount necessary to deter a future violation;
 34-7                (5)  efforts or resistance to efforts to correct the
 34-8    violation; and
 34-9                (6)  any other matter that justice may require.
34-10          Sec. 10.03.  PROCEDURAL RULES.  (a)  The board shall adopt
34-11    rules of procedure for the imposition of an administrative penalty.
34-12          (b)  Rules adopted under this section must conform to the
34-13    requirements of Chapter 2001, Government Code.
34-14          Sec. 10.04.  OPTIONS FOLLOWING FINAL ORDER:  PAY OR APPEAL.
34-15    (a)  Not later than the 30th day after the date the board's order
34-16    becomes final, the person shall:
34-17                (1)  pay the penalty;
34-18                (2)  pay the penalty and file a petition for judicial
34-19    review contesting the occurrence of the violation, the amount of
34-20    the penalty, or both; or
34-21                (3)  without paying the penalty, file a petition for
34-22    judicial review contesting the occurrence of the violation, the
34-23    amount of the penalty, or both.
34-24          (b)  Within the 30-day period, a person who acts under
34-25    Subdivision (3) of Subsection (a) of this section may:
34-26                (1)  stay enforcement of the penalty by:
34-27                      (A)  paying the penalty to the court for
 35-1    placement in an escrow account; or
 35-2                      (B)  giving to the court a supersedeas bond
 35-3    approved by the court for the amount of the penalty that is
 35-4    effective until all judicial review of the board's order is final;
 35-5    or
 35-6                (2)  request the court to stay enforcement of the
 35-7    penalty by:
 35-8                      (A)  filing with the court a sworn affidavit of
 35-9    the person stating that the person is financially unable to pay the
35-10    penalty and is financially unable to give the supersedeas bond; and
35-11                      (B)  giving a copy of the affidavit to the
35-12    executive director by certified mail.
35-13          (c)  On receipt of a copy of an affidavit under Subdivision
35-14    (2) of Subsection (b) of this section, the executive director may
35-15    file with the court, not later than the fifth day after the date
35-16    the copy is received, a contest to the affidavit.  The court shall
35-17    hold a hearing on the facts alleged in the affidavit as soon as
35-18    practicable and shall stay the enforcement of the penalty on
35-19    finding that the alleged facts are true.  The person who files an
35-20    affidavit has the burden of proving that the person is financially
35-21    unable to pay the penalty and to give a supersedeas bond.
35-22          Sec. 10.05.  COLLECTION OF PENALTY.  If the person does not
35-23    pay the penalty and the enforcement of the penalty is not stayed,
35-24    the executive director may refer the matter to the attorney general
35-25    for collection of the penalty.
35-26          Sec. 10.06.  STANDARD OF JUDICIAL REVIEW.  The order of the
35-27    board is subject to judicial review under the substantial evidence
 36-1    rule.
 36-2          Sec. 10.07.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the
 36-3    court sustains the occurrence of the violation, the court may
 36-4    uphold or reduce the amount of the penalty and order the person to
 36-5    pay the full or reduced penalty.  If the court does not sustain the
 36-6    occurrence of the violation, the court shall order that no penalty
 36-7    is owed.
 36-8          (b)  If after judicial review the administrative penalty is
 36-9    reduced or not imposed by the court, the court shall, after the
36-10    judgment becomes final:
36-11                (1)  order that the appropriate amount, plus accrued
36-12    interest, be remitted to the person if the person paid the penalty;
36-13    or
36-14                (2)  order the release of the bond if the penalty is
36-15    not imposed or order the release of the bond after the person pays
36-16    the penalty if the person posted a supersedeas bond.
36-17          (c)  The interest paid under Subdivision (1) of Subsection
36-18    (b) of this section is the rate charged on loans to depository
36-19    institutions by the New York Federal Reserve Bank.  The interest
36-20    shall be paid for the period beginning on the date the penalty is
36-21    paid and ending on the date the penalty is remitted.
36-22                SUBCHAPTER K.  OTHER ENFORCEMENT PROVISIONS
36-23          Sec. 11.01.  INJUNCTION.  The board may seek an injunction
36-24    against a violation of this Act or a rule adopted under this Act.
36-25                         SUBCHAPTER L.  TRANSITION
36-26          Sec. 12.01.  TRANSITION.  (a)  An applicant who applies for a
36-27    license under this Act before September 1, 2000, may be qualified
 37-1    for licensure without passing the written examination described by
 37-2    Subdivision (4) of Section 6.05 if the applicant fulfills the
 37-3    requirements of Subdivisions (1), (2), (3), and (5) of Section 6.05
 37-4    of this Act.
 37-5          (b)  An initial member of the board who is required to be a
 37-6    licensed geoscientist must be qualified for licensure under
 37-7    Subsection (a) of this section.
 37-8          (c)  The governor shall make the initial appointments to the
 37-9    board before November 1, 1999, as follows:
37-10                (1)  three members for terms expiring in 2001;
37-11                (2)  three members for terms expiring in 2003; and
37-12                (3)  three members for terms expiring in 2005.
37-13          (d)  The board shall hold its first meeting before January 1,
37-14    2000.  The board shall adopt rules under this Act not later than
37-15    November 30, 2000.
37-16          (e)  A person is not required to obtain a license under this
37-17    Act until January 1, 2001.
37-18          SECTION 2.  AMENDMENT.  Section 232.002, Family Code, is
37-19    amended to read as follows:
37-20          Sec. 232.002.  Licensing Authorities Subject to Chapter.  The
37-21    following state agencies are licensing authorities subject to this
37-22    chapter:
37-23                (1)  Department of Agriculture;
37-24                (2)  Texas Commission on Alcohol and Drug Abuse;
37-25                (3)  Texas Alcoholic Beverage Commission;
37-26                (4)  Texas Appraiser Licensing and Certification Board;
37-27                (5)  Texas Board of Architectural Examiners;
 38-1                (6)  State Board of Barber Examiners;
 38-2                (7)  Texas Board of Chiropractic Examiners;
 38-3                (8)  Comptroller of Public Accounts;
 38-4                (9)  Texas Cosmetology Commission;
 38-5                (10)  Court Reporters Certification Board;
 38-6                (11)  State Board of Dental Examiners;
 38-7                (12)  Texas State Board of Examiners of Dietitians;
 38-8                (13)  Texas Funeral Service Commission;
 38-9                (14)  Texas Department of Health;
38-10                (15)  Texas Department of Human Services;
38-11                (16)  Texas Board of Professional Land Surveying;
38-12                (17)  Texas Department of Licensing and Regulation;
38-13                (18)  Texas State Board of Examiners of Marriage and
38-14    Family Therapists;
38-15                (19)  Texas State Board of Medical Examiners;
38-16                (20)  Midwifery Board;
38-17                (21)  Texas Natural Resource Conservation Commission;
38-18                (22)  Board of Nurse Examiners;
38-19                (23)  Texas Board of Occupational Therapy Examiners;
38-20                (24)  Texas Optometry Board;
38-21                (25)  Parks and Wildlife Department;
38-22                (26)  Texas State Board of Examiners of Perfusionists;
38-23                (27)  Texas State Board of Pharmacy;
38-24                (28)  Texas Board of Physical Therapy Examiners;
38-25                (29)  Texas State Board of Plumbing Examiners;
38-26                (30)  Texas State Board of Podiatric Medical Examiners;
38-27                (31)  Polygraph Examiners Board;
 39-1                (32)  Texas Board of Private Investigators and Private
 39-2    Security Agencies;
 39-3                (33)  Texas State Board of Examiners of Professional
 39-4    Counselors;
 39-5                (34)  State Board of Registration for Professional
 39-6    Engineers;
 39-7                (35)  Department of Protective and Regulatory Services;
 39-8                (36)  Texas State Board of Examiners of Psychologists;
 39-9                (37)  Texas State Board of Public Accountancy;
39-10                (38)  Department of Public Safety of the State of
39-11    Texas;
39-12                (39)  Public Utility Commission of Texas;
39-13                (40)  Railroad Commission of Texas;
39-14                (41)  Texas Real Estate Commission;
39-15                (42)  State Bar of Texas;
39-16                (43)  Texas State Board of Social Worker Examiners;
39-17                (44)  State Board of Examiners for Speech-Language
39-18    Pathology and Audiology;
39-19                (45)  Texas Structural Pest Control Board;
39-20                (46)  Board of Tax Professional Examiners;
39-21                (47)  Secretary of State;
39-22                (48)  Supreme Court of Texas;
39-23                (49)  Texas Transportation Commission;
39-24                (50)  State Board of Veterinary Medical Examiners;
39-25                (51)  Board of Vocational Nurse Examiners;
39-26                (52)  Texas Ethics Commission;
39-27                (53)  Advisory Board of Athletic Trainers;
 40-1                (54)  State Committee of Examiners in the Fitting and
 40-2    Dispensing of Hearing Instruments;
 40-3                (55)  Texas Board of Licensure for Professional Medical
 40-4    Physicists; [and]
 40-5                (56)  Texas Department of Insurance;[.]
 40-6                (57)  Texas Board of Orthotics and Prosthetics; and
 40-7                (58)  Texas Board of Professional Geoscientists.
 40-8          SECTION 3.  EFFECTIVE DATE.  This Act takes effect September
 40-9    1, 1999, except that Section 6.01 and Subchapter J, Texas
40-10    Geoscience Practice Act, as adopted by this Act, take effect
40-11    January 1, 2001.
40-12          SECTION 4.  EMERGENCY.  The importance of this legislation
40-13    and the crowded condition of the calendars in both houses create an
40-14    emergency and an imperative public necessity that the
40-15    constitutional rule requiring bills to be read on three several
40-16    days in each house be suspended, and this rule is hereby suspended.