By Brown S.B. No. 129
76R3568 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of geologists, geophysicists, and soil
1-3 scientists; providing an administrative and a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Geoscientist Licensing Act.
1-7 SECTION 2. PURPOSE. In order to safeguard the interests of
1-8 the citizens of this state, to promote the public welfare, and to
1-9 protect the environment, the public practice of geology,
1-10 geophysics, and soil science in this state is declared to be
1-11 subject to regulation in the public interest.
1-12 SECTION 3. DEFINITIONS. In this Act:
1-13 (1) "Board" means the Board of Licensure for
1-14 Geologists, Geophysicists, and Soil Scientists.
1-15 (2) "Board certified specialty geologist" means a
1-16 licensed professional geologist who has met the academic and
1-17 experience qualifications in a specialty of geology established
1-18 under this Act and has been certified in that specialty by the
1-19 board.
1-20 (3) "Board certified specialty geophysicist" means a
1-21 licensed professional geophysicist who has met the academic and
1-22 experience qualifications in a specialty of geophysics established
1-23 under this Act and has been certified in that specialty by the
1-24 board.
2-1 (4) "Board certified specialty soil scientist" means a
2-2 licensed professional soil scientist who has met the academic and
2-3 experience qualifications in a specialty of soil science
2-4 established under this Act and has been certified in that specialty
2-5 by the board.
2-6 (5) "Certified geologist" means a geologist who has
2-7 been certified by a professional geological organization, society,
2-8 or association that has certification requirements that have been
2-9 recognized by the board.
2-10 (6) "Certified geophysicist" means a geophysicist who
2-11 has been certified by a professional geophysical organization,
2-12 society, or association that has certification requirements that
2-13 have been recognized by the board.
2-14 (7) "Certified soil scientist" means a soil scientist
2-15 who has been certified by a professional soil science organization,
2-16 society, or association that has certification requirements that
2-17 have been recognized by the board.
2-18 (8) "Geological subordinate" means a person who
2-19 assists in the practice of geology, or an exempt person practicing
2-20 geology, without assuming the responsible charge of the work.
2-21 (9) "Geologist" means a person qualified to engage in
2-22 the practice of geology by reason of the person's knowledge of
2-23 geology, mathematics, and the supporting physical and life
2-24 sciences, acquired through education and practical experience.
2-25 (10) "Geology" means the science of the earth and its
2-26 origin and history, the investigation of the earth's constituent
2-27 rocks, minerals, fossil fuels, solids, and fluids, and the study of
3-1 the natural and introduced agents, forces, and processes that cause
3-2 changes in and on the earth.
3-3 (11) "Geophysical subordinate" means a person who
3-4 assists in the practice of geophysics, or an exempt person
3-5 practicing geophysics, without assuming the responsible charge of
3-6 the work.
3-7 (12) "Geophysicist" means a person qualified to engage
3-8 in the practice of geophysics by reason of the person's knowledge
3-9 of geophysics, mathematics, physics, and the supporting physical
3-10 and life sciences, acquired through education and practical
3-11 experience.
3-12 (13) "Geophysics" means the science of the study of
3-13 the physical earth by means of measuring its natural and induced
3-14 fields of force, including electricity, gravity, and magnetism, and
3-15 its responses to natural and induced energy and the interpretation
3-16 of these measurements, and relating these measurements to the
3-17 physics of the earth.
3-18 (14) "Public practice of geology" means the
3-19 performance before the public of geological services or work
3-20 affecting the public health and safety, including consulting,
3-21 investigating, evaluating, planning, mapping, and inspecting
3-22 geological work, and the responsible supervision of those tasks.
3-23 (15) "Public practice of geophysics" means the
3-24 performance before the public of geophysical services or work
3-25 affecting the public health and safety, including consulting,
3-26 investigating, evaluating, planning, mapping, and inspecting
3-27 geophysical work, and the responsible supervision of those tasks.
4-1 (16) "Public practice of soil science" means the
4-2 performance before the public of soil science services or work
4-3 affecting the public health and safety, including consulting,
4-4 investigating, evaluating, planning, mapping, and inspecting soil
4-5 science work, and the responsible supervision of those tasks.
4-6 (17) "Licensed professional geologist" means a
4-7 geologist who has met the academic and experience qualifications of
4-8 this Act and who has been issued a license as a licensed
4-9 professional geologist by the board.
4-10 (18) "Licensed professional geophysicist" means a
4-11 geophysicist who has met the academic and experience qualifications
4-12 of this Act and who has been issued a license as a licensed
4-13 professional geophysicist by the board.
4-14 (19) "Licensed professional soil scientist" means a
4-15 soil scientist who has met the academic and experience
4-16 qualifications of this Act and who has been issued a license as a
4-17 licensed professional soil scientist by the board.
4-18 (20) "Responsible charge" means the independent
4-19 control and direction of geological, geophysical, or soil science
4-20 work or the supervision of geological, geophysical, or soil science
4-21 work by the use of initiative, skill, and independent judgment.
4-22 (21) "Soil science" means the science of soils, their
4-23 classification, origin, and history, the investigation of physical,
4-24 chemical, mineralogical, morphological, and biological
4-25 characteristics of soils, and the study of natural and introduced
4-26 agents, forces, and processes that cause changes in and on the
4-27 soil.
5-1 (22) "Soil science subordinate" means a person who
5-2 assists in the practice of soil science, or an exempt person
5-3 practicing soil science, without assuming the responsible charge of
5-4 the work.
5-5 (23) "Soil scientist" means a person qualified to
5-6 engage in the practice of soil science by reason of the person's
5-7 knowledge of soil science and the supporting chemical, physical,
5-8 and biological sciences acquired through education and practical
5-9 experience.
5-10 (24) "Geoscientist" means a person qualified to engage
5-11 in the practice in one of the collective disciplines of the
5-12 geological sciences, including geology, geophysics, and soil
5-13 science, and specialty practices of each.
5-14 (25) "Specialty" means a branch of geology,
5-15 geophysics, or soil science that has been recognized by the board
5-16 for specialty certification.
5-17 (26) "Practice of specialty geology" means the
5-18 performance before the public of geological services or work
5-19 including consulting, investigating, evaluating, planning, mapping,
5-20 and inspecting geological work and the responsible supervision of
5-21 those tasks in the commonly recognized specialty geological
5-22 practices, including engineering geology, hydrogeology, and
5-23 environmental geology.
5-24 (27) "Practice of specialty geophysics" means the
5-25 performance before the public of geophysical services or work
5-26 including consulting, investigating, evaluating, planning, mapping,
5-27 and inspecting geophysical work and the responsible supervision of
6-1 those tasks in the commonly recognized specialty geophysical
6-2 practices, including engineering geophysics, hydrogeophysics, and
6-3 environmental geophysics.
6-4 (28) "Practice of specialty soil science" means the
6-5 performance before the public of soil science services or work
6-6 including consulting, investigating, evaluating, planning, mapping,
6-7 and inspecting soil science work and the responsible supervision of
6-8 those tasks in commonly recognized specialty soil science
6-9 practices, including soil survey, soil classification, and
6-10 environmental soil science.
6-11 (29) "Performance before the public" means:
6-12 (A) providing professional geological,
6-13 geophysical, or soil science services:
6-14 (i) to a governmental entity in the State
6-15 of Texas;
6-16 (ii) to comply with rules or regulations
6-17 established by Texas governmental entities for the express purpose
6-18 of protecting the health, safety, and welfare of the citizens of
6-19 Texas; and
6-20 (iii) to the public, firms, or
6-21 corporations in Texas where the practitioner assumes the ultimate
6-22 liability for the work product.
6-23 (B) Performance before the public does not
6-24 include services provided for the express use of a corporation or
6-25 firm by an employee or consultant where the corporation or firm
6-26 assumes the ultimate liability for the work product.
6-27 SECTION 4. BOARD OF LICENSURE FOR GEOLOGISTS, GEOPHYSICISTS,
7-1 AND SOIL SCIENTISTS. (a) The Board of Licensure for Geologists,
7-2 Geophysicists, and Soil Scientists is created to administer the
7-3 provisions of this Act.
7-4 (b) The board is composed of nine members, who are appointed
7-5 by the governor with the advice and consent of the senate.
7-6 (c) Five members of the board must be geologists licensed
7-7 under this Act, two of whom must be board certified in a specialty
7-8 of geology recognized under this Act. One member of the board must
7-9 be a geophysicist licensed under this Act, and one member of the
7-10 board must be a soil scientist licensed under this Act. To the
7-11 extent possible, the composition of the geologists, geophysicists,
7-12 and soil scientists licensed under this Act serving on the board
7-13 must be representative of the occupational distribution of
7-14 geologists, geophysicists, and soil scientists licensed under this
7-15 Act.
7-16 (d) Two members of the board must be members of the general
7-17 public.
7-18 (e) A member of the board must be a citizen of the United
7-19 States, must have been a resident of this state for at least three
7-20 years preceding appointment, and must be at least 25 years of age.
7-21 (f) Members of the board serve staggered six-year terms with
7-22 the terms of three members expiring February 1 of each odd-numbered
7-23 year.
7-24 (g) A member of the board may not serve more than two
7-25 consecutive full terms.
7-26 (h) The Board of Licensure for Geologists, Geophysicists,
7-27 and Soil Scientists is subject to Chapter 325, Government Code
8-1 (Texas Sunset Act). Unless continued in existence as provided by
8-2 that chapter, the board is abolished and this Act expires September
8-3 1, 2009.
8-4 SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. A person is
8-5 not eligible for appointment as a public member of the board if the
8-6 person or the person's spouse:
8-7 (1) is licensed, certified, or registered by an
8-8 occupational regulatory agency in the practice of geology,
8-9 geophysics, or soil science;
8-10 (2) is employed by or participates in the management
8-11 of a business entity or other organization regulated by the board
8-12 or receiving funds from the board;
8-13 (3) owns or controls, directly or indirectly, more
8-14 than a 10 percent interest in a business entity or other
8-15 organization regulated by the board or receiving funds from the
8-16 board; or
8-17 (4) uses or receives a substantial amount of tangible
8-18 goods, services, or funds from the board, other than compensation
8-19 or reimbursement authorized by law for board membership,
8-20 attendance, or expenses.
8-21 SECTION 6. CONFLICTS OF INTEREST. (a) An officer,
8-22 employee, or paid consultant of a Texas trade association in the
8-23 practice of geology, geophysics, or soil science may not be a
8-24 member of the board or employee of the board who is exempt from the
8-25 state's position classification plan or is compensated at or above
8-26 the amount prescribed by the General Appropriations Act for step 1,
8-27 salary group A17, of the position classification salary schedule.
9-1 (b) A person who is the spouse of an officer, manager, or
9-2 paid consultant of a Texas trade association in the field of
9-3 geology, geophysics, or soil science may not be a member of the
9-4 board and may not be an employee of the board who is exempt from
9-5 the state's position classification plan or is compensated at or
9-6 above the amount prescribed by the General Appropriations Act for
9-7 step 1, salary group A17, of the position classification salary
9-8 schedule.
9-9 (c) For the purposes of this section, a Texas trade
9-10 association is a nonprofit, cooperative, and voluntarily joined
9-11 association of business or professional competitors in this state
9-12 designed to assist its members and its industry or profession in
9-13 dealing with mutual business or professional problems and in
9-14 promoting their common interest.
9-15 SECTION 7. LOBBYIST RESTRICTION. A person may not serve as
9-16 a member of the board or act as the general counsel to the board if
9-17 the person is required to register as a lobbyist under Chapter 305,
9-18 Government Code, because of the person's activities for
9-19 compensation on behalf of a profession related to the operation of
9-20 the board.
9-21 SECTION 8. REMOVAL FROM BOARD. It is a ground for removal
9-22 from the board if:
9-23 (1) the member is no longer qualified for appointment
9-24 to the board;
9-25 (2) the member engages in misconduct, is determined to
9-26 be incompetent, neglects the member's official duties, or engages
9-27 in malfeasance;
10-1 (3) the member commits a felony or a violation of this
10-2 Act resulting in disciplinary action;
10-3 (4) the member fails without excuse to attend at least
10-4 half of the regularly scheduled meetings held in a calendar year
10-5 while the member is a member of the board; or
10-6 (5) other good and sufficient cause for removal
10-7 exists.
10-8 SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC
10-9 PARTICIPATION. (a) The board is subject to Chapters 551 and 2001,
10-10 Government Code.
10-11 (b) The board shall develop and implement policies that
10-12 provide the public with a reasonable opportunity to appear before
10-13 the board and to speak on any issue under the jurisdiction of the
10-14 board.
10-15 SECTION 10. VACANCY. If a vacancy on the board occurs, the
10-16 governor shall appoint a member to fill the unexpired term as
10-17 provided by this Act.
10-18 SECTION 11. COMPENSATION. A member of the board is entitled
10-19 to a per diem as set by the legislature for each day that the
10-20 member engages in the business of the board. A member of the board
10-21 is entitled to reimbursement for transportation and other expenses
10-22 incurred in connection with the business of the board.
10-23 SECTION 12. IMMUNITY FROM CIVIL LIABILITY. A member or
10-24 former member of the board or an agent, employee, or member of any
10-25 advisory committee appointed by the board under this Act is immune
10-26 from civil liability for any act or omission that occurred in the
10-27 person's official capacity. The attorney general shall defend a
11-1 person immune under this section in an action brought against the
11-2 board or the person for an alleged act or omission by the person.
11-3 SECTION 13. MEETINGS; OFFICERS OF BOARD. (a) The board
11-4 shall hold two or more regular meetings in each calendar year. A
11-5 special meeting may be held at a time permitted by rule of the
11-6 board.
11-7 (b) The board shall elect annually from its own membership a
11-8 chair, vice chair, and secretary-treasurer, none of whom may hold
11-9 office for more than two consecutive one-year terms. The board may
11-10 appoint an assistant secretary and other assistant officers who are
11-11 not members of the board to assist the board and exercise its
11-12 authority in carrying out its duties and responsibilities.
11-13 (c) A majority of the board constitutes a quorum.
11-14 (d) Minutes of each meeting of the board, recording the
11-15 members present and the business conducted, shall be signed and
11-16 kept by the secretary-treasurer or an assistant secretary appointed
11-17 by the board.
11-18 SECTION 14. POWERS AND DUTIES OF BOARD. (a) The board may:
11-19 (1) adopt and enforce rules consistent with this Act
11-20 and necessary for the performance of its duties;
11-21 (2) set reasonable and necessary fees to be charged
11-22 applicants and licensees under this Act; and
11-23 (3) recognize and establish specialty branches of
11-24 geological, geophysical, and soil science practice and establish
11-25 qualifications, conduct examinations, and certify specialties for
11-26 qualified applicants.
11-27 (b) The board may prepare, administer, and grade oral and
12-1 written examinations required or permitted under this Act. The
12-2 board may adopt or recognize, in part or in whole, examinations
12-3 prepared, administered, or graded by other organizations, on a
12-4 regional or national basis, that the board determines appropriate
12-5 to measure the qualifications of an applicant for licensure as a
12-6 geologist, geophysicist, or soil scientist or certification in a
12-7 specialty of geology, geophysics, or soil science if:
12-8 (1) the examination questions, the correct answers,
12-9 and an individual applicant's completed examination are available
12-10 to the board; and
12-11 (2) the board retains the authority to determine a
12-12 passing grade for licensure in this state.
12-13 (c) The board shall issue, renew, and reinstate licenses as
12-14 provided by this Act. As a condition for renewal of a license, the
12-15 board may require evidence of the competence of an applicant for
12-16 renewal by requiring the applicant to participate in continuing
12-17 professional education on a periodic or other basis. As a
12-18 condition for reinstatement, the board may require evidence of the
12-19 competence of an applicant for reinstatement in the practice of
12-20 geology, geophysics, or soil science by reviewing the applicant's
12-21 qualifications and experience, by requiring continuing professional
12-22 education, by conducting a reexamination on a periodic or other
12-23 basis, or by other appropriate means.
12-24 (d) The board, by rule, shall adopt a code of professional
12-25 conduct that is binding on all licensees under this Act. The board
12-26 may enforce the code by imposing sanctions as provided by this Act.
12-27 (e) The board shall investigate all complaints of violations
13-1 of this Act as provided by this Act.
13-2 (f) The board may refuse to issue or renew or may suspend or
13-3 revoke a license and may impose sanctions including restrictions on
13-4 the practice of a licensee or a person, firm, or corporation
13-5 practicing under this Act for a violation of this Act or a rule
13-6 adopted under this Act.
13-7 (g) The board may administer oaths and affirmations and
13-8 issue subpoenas to compel the attendance of witnesses and the
13-9 production of evidence.
13-10 (h) The board may issue cease and desist orders and seek
13-11 injunctions against a violation of this Act or a rule adopted under
13-12 this Act.
13-13 (i) The board shall recognize the use of the designations
13-14 used by a professional geological, geophysical, or soil science
13-15 organization, society, or association recognized and approved by
13-16 the board, if:
13-17 (1) the organization's, society's, or association's
13-18 requirements for certification are comparable to the educational
13-19 and experience requirements of this Act and are otherwise
13-20 acceptable to the board;
13-21 (2) the full name or recognized abbreviation of the
13-22 organization, society, or association granting the certification is
13-23 stated following or in conjunction with the use of the designation
13-24 or abbreviation; and
13-25 (3) the designation or abbreviation is not used in a
13-26 manner that is misleading or that creates an impression that the
13-27 person is licensed to practice geology, geophysics, or soil science
14-1 before the public unless the person is licensed under this Act.
14-2 (j) The board shall recognize the use of the designations
14-3 "geological engineer," "geotechnical engineer," "hydraulic
14-4 engineer," and "agricultural engineer" as legitimate engineering
14-5 titles separate from geology, geophysics, or soil science or a
14-6 specialty of geology, geophysics, or soil science and requiring
14-7 registration as a professional engineer.
14-8 (k) The board may enter into agreements with boards of
14-9 licensure or registration in other states and other appropriate
14-10 organizations, societies, associations, and agencies to develop
14-11 uniform standards for:
14-12 (1) the licensure of geologists, geophysicists, and
14-13 soil scientists;
14-14 (2) accrediting educational programs;
14-15 (3) establishing reciprocity and temporary licenses;
14-16 (4) developing regional or national examinations;
14-17 (5) evaluating applicants; and
14-18 (6) other purposes consistent with this Act.
14-19 (l) The board may appoint committees, employ personnel,
14-20 employ contractors and consultants, lease or purchase furnishings,
14-21 equipment, and supplies, lease office space, and incur other
14-22 similar expenses in connection with the administration of this Act.
14-23 SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) The board
14-24 shall appoint an executive director, who shall be responsible for
14-25 managing the day-to-day affairs of the board, including:
14-26 (1) arranging for and supervising the necessary
14-27 support, secretarial, and clerical services;
15-1 (2) obtaining space for holding examinations,
15-2 meetings, and conferences;
15-3 (3) printing or purchasing examinations;
15-4 (4) printing and mailing forms, information, and
15-5 certificates;
15-6 (5) sending notices, collecting fees, and issuing
15-7 receipts;
15-8 (6) conducting the correspondence of the board,
15-9 including replying to routine requests for information;
15-10 (7) maintaining the minutes and records of the board;
15-11 (8) keeping records of receipts and disbursements; and
15-12 (9) providing necessary investigative services.
15-13 (b) The board shall maintain an official office and address
15-14 within the city of Austin to conduct its business.
15-15 SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
15-16 executive director shall receive, administer, and account for all
15-17 money received under this Act and shall transfer the funds to the
15-18 comptroller.
15-19 (b) All funds paid to the board under this Act shall be
15-20 deposited in a special fund, known as the "geoscientists fund."
15-21 The geoscientists fund shall be maintained in accordance with the
15-22 accounting procedures of, and shall be subject to audit by, the
15-23 state auditor. Interest earned on money deposited in the
15-24 geoscientists fund shall be credited to the geoscientists fund.
15-25 (c) All expenses incurred by the board in the administration
15-26 and enforcement of this Act shall be paid from the geoscientists
15-27 fund.
16-1 (d) The executive director shall file an annual report of
16-2 all receipts, expenditures, and fund balances with the comptroller.
16-3 (e) The expenses and income shall be balanced and subject to
16-4 yearly audits by the state auditor. Any unexpended balance
16-5 remaining in the geoscientists fund at the end of the fiscal year
16-6 lapses to the general revenue fund.
16-7 SECTION 17. ROSTER AND SPECIALTIES LIST. (a) The board
16-8 shall maintain a roster stating the name and place of business of
16-9 each licensed professional geologist, geophysicist, and soil
16-10 scientist and board certified specialty geologist, geophysicist,
16-11 and soil scientist practicing under a license issued by the board.
16-12 Copies of the roster shall be kept on file with the board and shall
16-13 be furnished on request to a state agency, a county or municipal
16-14 clerk or building official, and a licensee. A copy of the roster
16-15 shall also be furnished to any person on written request, subject
16-16 to payment of a reasonable fee set by the board and any applicable
16-17 state taxes.
16-18 (b) The board shall maintain a list of recognized
16-19 specialties of geology, geophysics, and soil science in which
16-20 certification is recognized by the board under this Act and
16-21 professional geological, geophysical, and soil science
16-22 organizations, societies, and associations recognized by the board.
16-23 (c) The board shall maintain a list of each state,
16-24 territory, or possession of the United States, the District of
16-25 Columbia, and each foreign country in which the requirements and
16-26 qualifications for licensure or registration are comparable to
16-27 those established in this state and with which a reciprocity
17-1 agreement exists.
17-2 SECTION 18. LICENSURE REQUIRED. (a) Unless exempted by
17-3 this Act, a person may not engage in the public practice of
17-4 geology, geophysics, or soil science or a specialty of geology,
17-5 geophysics, or soil science without a license issued under this
17-6 Act.
17-7 (b) A person may not use the term "licensed professional
17-8 geologist," "licensed professional geophysicist," or "licensed
17-9 professional soil scientist," claim to have a specialty in geology,
17-10 geophysics, or soil science as part of a professional, business, or
17-11 commercial identification or title, or otherwise hold out to the
17-12 public that the person is qualified to practice as a geologist,
17-13 geophysicist, or soil scientist or to engage in the public practice
17-14 of geology, geophysics, or soil science or a specialty of geology,
17-15 geophysics, or soil science unless the person is licensed under
17-16 this Act.
17-17 (c) A person may not prepare or supervise the preparation of
17-18 a geological, geophysical, or soil science report or a geological,
17-19 geophysical, or soil science portion of a report required by
17-20 municipal or county ordinance, state or federal law, state agency
17-21 rule, or federal regulation that incorporates or is based on a
17-22 geological, geophysical, or soil study or geological, geophysical,
17-23 or soil data unless the person is licensed as a geologist,
17-24 geophysicist, or soil scientist under this Act.
17-25 (d) The state or a political subdivision of the state may
17-26 not contract for geological, geophysical, or soil science services
17-27 with a person other than a person licensed under this Act or with a
18-1 business entity other than a business entity that employs
18-2 geologists, geophysicists, or soil scientists licensed under this
18-3 Act who shall be responsible for the geological, geophysical, or
18-4 soil science work performed by the business entity. The term
18-5 "contract" as used in this subsection does not include the
18-6 relationship between a state agency or political subdivision and
18-7 its employees. Geological, geophysical, or soil science work
18-8 performed by employees or contractors of a state agency or
18-9 political subdivision must be performed in accordance with the
18-10 requirements of Subsection (c) of this section.
18-11 SECTION 19. APPLICATION REQUIREMENTS. (a) An applicant for
18-12 licensure as a geologist, geophysicist, or soil scientist in a
18-13 specialty of geology, geophysics, or soil science or for temporary
18-14 or reciprocal licensure must apply on a form prescribed by the
18-15 board that is signed and sworn to by the applicant before a notary
18-16 public.
18-17 (b) An application must be accompanied by the appropriate
18-18 application fee and include:
18-19 (1) information concerning the applicant's education;
18-20 (2) a detailed summary of the applicant's geological,
18-21 geophysical, or soil science work experience, including work in a
18-22 specialty in which the applicant seeks certification;
18-23 (3) a signed statement that the applicant has read and
18-24 will comply with the code of professional conduct; and
18-25 (4) not fewer than five reference letters, of which
18-26 not fewer than three are from geologists, geophysicists, or soil
18-27 scientists having personal knowledge of the applicant's geological,
19-1 geophysical, or soil science experience.
19-2 (c) An applicant must pay a fee for application,
19-3 examination, licensure, and renewal of a license, in addition to
19-4 any other fee required by the board.
19-5 SECTION 20. GEOLOGIST LICENSING REQUIREMENTS. To be
19-6 licensed as a geologist, an applicant must:
19-7 (1) be of good moral and ethical character as attested
19-8 to by letters of reference submitted on behalf of the applicant or
19-9 as otherwise determined by the board;
19-10 (2) have graduated from a course of study in geology
19-11 or geoscience satisfactory to the board or from a program
19-12 accredited by an organization recognized by the board, of four or
19-13 more years' duration including at least 30 semester or 45 quarter
19-14 hours of credit, with a major in geology or geoscience or a
19-15 geological specialty or have satisfactorily completed other
19-16 equivalent educational requirements as determined by the board;
19-17 (3) have a documented record of a minimum of four
19-18 years of satisfactory work experience in geology or a specialty of
19-19 geology obtained after completing the academic requirements of a
19-20 bachelor of science degree from an approved or accredited college
19-21 or university or have a documented record of not less than six
19-22 years of satisfactory work experience in geology or a specialty of
19-23 geology obtained after completing the academic requirements of a
19-24 bachelor of arts degree from an approved or accredited college or
19-25 university that demonstrates that the applicant is qualified to
19-26 assume responsible charge for geological work on licensure as a
19-27 geologist, two years of such work experience may be required by the
20-1 board to have been gained under the supervision of a geologist
20-2 licensed in this state or another state or gained under the
20-3 supervision of another person who, in the opinion of the board, is
20-4 qualified to have responsible charge of geological work;
20-5 (4) have passed an examination covering the
20-6 fundamentals and practice of geology required by the board; and
20-7 (5) meet other general or individual requirements
20-8 established by the board under this Act.
20-9 SECTION 21. GEOPHYSICIST LICENSING REQUIREMENTS. To be
20-10 licensed as a geophysicist, an applicant must:
20-11 (1) be of good moral and ethical character as attested
20-12 to by letters of reference submitted on behalf of the applicant or
20-13 as otherwise determined by the board;
20-14 (2) have graduated from a course of study in
20-15 geophysics, geophysical science, or another discipline that in the
20-16 board's opinion is relevant to geophysics or from a program
20-17 accredited by an organization recognized by the board, of four or
20-18 more years' duration including at least 30 semester or 45 quarter
20-19 hours of credit, with a major in geophysics or geoscience or a
20-20 geophysical specialty or have satisfactorily completed other
20-21 equivalent educational requirements as determined by the board;
20-22 (3) have a documented record of a minimum of four
20-23 years of satisfactory work experience in geophysics or a specialty
20-24 of geophysics obtained after completing the academic requirements
20-25 of a bachelor of science degree from an approved or accredited
20-26 institution of higher learning or have a documented record of not
20-27 less than six years of satisfactory work experience in geophysics
21-1 or a specialty of geophysics obtained after completing the academic
21-2 requirements of a bachelor of arts degree from an approved or
21-3 accredited college or university that demonstrates that the
21-4 applicant is qualified to assume responsible charge for geophysical
21-5 work on licensure as a geophysicist, two years of such work
21-6 experience may be required by the board to have been gained under
21-7 the supervision of a geophysicist licensed in this state or another
21-8 state or gained under the supervision of another person who, in the
21-9 opinion of the board, is qualified to have responsible charge of
21-10 geophysical work;
21-11 (4) have passed an examination covering the
21-12 fundamentals and practice of geophysics required by the board; and
21-13 (5) meet other general or individual requirements
21-14 established by the board under this Act.
21-15 SECTION 22. SOIL SCIENTIST LICENSING REQUIREMENTS. To be
21-16 licensed as a soil scientist, an applicant must:
21-17 (1) be of good moral and ethical character as attested
21-18 to by letters of reference submitted on behalf of the applicant or
21-19 as otherwise determined by the board;
21-20 (2) have graduated from a course of study in soil
21-21 science satisfactory to the board or from a program accredited by
21-22 an organization recognized by the board, of four or more years'
21-23 duration and including at least 30 semester or 45 quarter hours of
21-24 credit, with a major in soil science, or have satisfactorily
21-25 completed other equivalent educational requirements as determined
21-26 by the board;
21-27 (3) have a documented record of a minimum of four
22-1 years of satisfactory work experience in soil science after
22-2 completing the academic requirements of a bachelor of science
22-3 degree from an approved or accredited institution of higher
22-4 learning that demonstrates that the applicant is qualified to
22-5 assume responsible charge for soil science work on licensure as a
22-6 soil scientist, two years of such work experience may be required
22-7 by the board to have been gained under the supervision of a soil
22-8 scientist licensed in this state or another state or gained under
22-9 the supervision of another person who, in the opinion of the board,
22-10 is qualified to have responsible charge of soil science work;
22-11 (4) have passed an examination approved by the board
22-12 covering the fundamentals and practice of soil science required by
22-13 the board; and
22-14 (5) meet other general or individual requirements
22-15 established by the board under this Act.
22-16 SECTION 23. REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR
22-17 SOIL SCIENCE SPECIALTY CERTIFICATION. An applicant for
22-18 certification in a geological, geophysical, or soil science
22-19 specialty must meet the following requirements in addition to
22-20 meeting the requirements of Section 20, 21, or 22 of this Act, as
22-21 appropriate:
22-22 (1) successful completion of 12 semester or 16 quarter
22-23 hours of advanced study in the specialty at an academic institution
22-24 acceptable to the board or completion of an equivalent amount of
22-25 professional experience acceptable to the board;
22-26 (2) have experience including a documented record of
22-27 six or more years of experience with not less than four years in
23-1 the specialty after completing the academic requirements of this
23-2 section in geological, geophysical, or soil science work, as
23-3 appropriate, of a nature satisfactory to the board that
23-4 demonstrates that the applicant is qualified to assume responsible
23-5 charge of the specialty work on certification in the specialty and
23-6 not less than two years of the experience gained under the
23-7 supervision of a geologist, geophysicist, or soil scientist
23-8 certified in the specialty in this state or another state or under
23-9 the supervision of another person whom the board determines to be
23-10 qualified to have responsible charge of geological, geophysical, or
23-11 soil science work in the specialty or, as an alternative to the two
23-12 years of experience under the supervision of a geologist,
23-13 geophysicist, or soil scientist certified in the specialty, the
23-14 board may accept three reference letters from board certified
23-15 specialty geologists, geophysicists, or soil scientists in the
23-16 specialty; and
23-17 (3) have passed an examination required by the board
23-18 in the specialty.
23-19 SECTION 24. QUALIFYING EXPERIENCE. The following standards
23-20 shall be applied in evaluating the experience of an applicant for
23-21 licensure in the practice of geology, geophysics, or soil science
23-22 or for a specialty certification under Sections 20 through 23 of
23-23 this Act:
23-24 (1) each year of professional practice acceptable to
23-25 the board, under the direct supervision of a geologist,
23-26 geophysicist, or soil scientist, as appropriate, who is licensed or
23-27 registered in this state or in another state under requirements for
24-1 licensure or registration that are comparable to those in this Act
24-2 or under the direct supervision of a geologist, geophysicist, or
24-3 soil scientist, as appropriate, who meets the educational and
24-4 experience requirements for licensure but is not required to be
24-5 licensed under this Act constitutes one year of professional
24-6 experience in geology, geophysics, or soil science;
24-7 (2) each year of professional specialty geological,
24-8 geophysical, or soil science practice acceptable to the board under
24-9 the direct supervision of a specialty geologist, specialty
24-10 geophysicist, or specialty soil scientist who is certified in the
24-11 specialty under this Act or who is licensed, registered, or
24-12 certified as a specialty geologist, specialty geophysicist, or
24-13 specialty soil scientist under comparable requirements in another
24-14 state, under a civil engineer or geological engineer licensed in
24-15 this state or another state, or under a specialty geologist,
24-16 specialty geophysicist, or specialty soil scientist who meets the
24-17 educational and experience requirements for licensure but is not
24-18 required to be licensed under this Act constitutes one year of
24-19 practice in a specialty in geology, geophysics, or soil science;
24-20 and
24-21 (3) a year of experience in professional practice
24-22 acceptable to the board and acquired before September 1, 2000,
24-23 constitutes one year of experience in professional practice if the
24-24 experience:
24-25 (A) was acquired under the direct supervision of
24-26 a geologist, geophysicist, or soil scientist, as appropriate, who
24-27 meets the educational and experience requirements for licensure
25-1 under this Act or is licensed or registered under comparable
25-2 requirements in another state; or
25-3 (B) would constitute the responsible charge of
25-4 professional work in geology, geophysics, or soil science, as
25-5 appropriate, as determined by the board.
25-6 SECTION 25. GRADUATE STUDY, RESEARCH, AND TEACHING
25-7 EXPERIENCE. (a) Each year of full-time graduate study in the
25-8 geological, geophysical, or soil sciences or in a specialty of
25-9 geology, geophysics, or soil science that is acceptable to the
25-10 board constitutes one year of professional experience in geology,
25-11 geophysics, or soil science, or the applicable specialty of
25-12 geology, geophysics, or soil science. No more than two years of
25-13 full-time graduate study may be accepted by the board for
25-14 professional experience for a single applicant.
25-15 (b) The board may accept geological, geophysical, or soil
25-16 science research or teaching by a person studying geology,
25-17 geophysics, or soil science or a geological, geophysical, or soil
25-18 science specialty at the college or university level as qualifying
25-19 experience if the research or teaching, in the judgment of the
25-20 board, is comparable to experience obtained in the practice of
25-21 geology, geophysics, or soil science or a specialty of geology,
25-22 geophysics, or soil science.
25-23 SECTION 26. LICENSURE WITHOUT EXAMINATION. (a) The board
25-24 shall adopt rules relating to the licensure of a person holding a
25-25 valid certificate of registration or license for the practice of
25-26 geology, geophysics, or soil science or a recognized specialty of
25-27 geology, geophysics, or soil science issued under the law of
26-1 another state or a territory or possession of the United States,
26-2 the District of Columbia, or a foreign country, without requiring
26-3 the person to meet the examination requirements of Sections 20
26-4 through 23 of this Act.
26-5 (b) The board may issue a license to an applicant who
26-6 provides proof of registration or licensure under requirements that
26-7 the board determines to be substantially similar to those
26-8 established by this Act and who pays the required fees.
26-9 SECTION 27. TEMPORARY LICENSURE. A person who is not a
26-10 resident of this state and does not have an established place of
26-11 business in this state who seeks to practice geology, geophysics,
26-12 or soil science in this state for a time not to exceed 90 days
26-13 after the date of licensure or an applicant for reciprocal
26-14 licensure who seeks to practice geology, geophysics, or soil
26-15 science pending a determination on the reciprocity application may
26-16 be issued a temporary license authorizing temporary practice in
26-17 this state if the person:
26-18 (1) applies for temporary licensure to the board,
26-19 provides proof of licensure or registration in another state, the
26-20 District of Columbia, a territory or possession of the United
26-21 States, or a foreign country and pays the required fees;
26-22 (2) agrees to comply with the signature requirements
26-23 of Subsection (b) of Section 34 of this Act and to affix the
26-24 person's seal from the jurisdiction where the person is registered
26-25 or licensed on all work completed while practicing under the
26-26 temporary license; and
26-27 (3) files the required information and reports and
27-1 complies with other requirements established by the board
27-2 concerning the person's temporary practice.
27-3 SECTION 28. WAIVER OF REQUIREMENTS. (a) In an individual
27-4 case, the board may waive any of the requirements for licensure by
27-5 a two-thirds vote of the entire board, except for the payment of a
27-6 required fee, on the written request of the applicant and on a
27-7 showing of good cause if the board determines that the applicant is
27-8 otherwise qualified for licensure as a geologist, geophysicist, or
27-9 soil scientist or for certification in a specialty of geology,
27-10 geophysics, or soil science.
27-11 (b) The requirements waived under this section and the basis
27-12 for the waiver must be recorded in the applicant's record and in
27-13 the proceedings of the board.
27-14 SECTION 29. DENIAL OF LICENSURE. (a) The board may deny
27-15 licensure for an applicant who fails to satisfy a requirement of
27-16 this Act or on a determination by the board that there is probable
27-17 cause to believe that an applicant has violated this Act or a
27-18 provision the licensee would be subject to in this Act or a
27-19 comparable provision in the licensure law or registration of
27-20 another state.
27-21 (b) The board may not issue a license pending the
27-22 disposition of a complaint alleging a violation in this or another
27-23 state if the board has notice of the alleged violation.
27-24 (c) An applicant who is denied licensure must be notified of
27-25 the reason for denial in writing not later than the 30th day after
27-26 the date of the board's decision. Not later than the 30th day
27-27 after the date of receipt of the notice, the applicant may make a
28-1 written request for a hearing. In the absence of a request for a
28-2 hearing, the board's action is final.
28-3 SECTION 30. CONTINUING EDUCATION. To renew a license as a
28-4 professional geologist, geophysicist, or soil scientist or
28-5 certification as a specialty geologist, geophysicist, or soil
28-6 scientist, an applicant for renewal must meet the continuing
28-7 education requirements for renewal established by the board.
28-8 SECTION 31. CERTIFICATES AND SEALS. (a) The board shall
28-9 issue an appropriate license to a licensed professional geologist,
28-10 geophysicist, or soil scientist and a specialty certification to an
28-11 applicant who meets the requirements of this Act for licensure as a
28-12 geologist, geophysicist, or soil scientist or for board
28-13 certification in a specialty of geology, geophysics, or soil
28-14 science on payment of the applicable licensure fee.
28-15 (b) The certificate must show the full name of the licensee,
28-16 have a serial number, and be signed by an appropriate officer of
28-17 the board under the board's seal.
28-18 (c) The issuance by the board of a license is prima facie
28-19 evidence that while the certificate is valid the person named on
28-20 the certificate is entitled to all rights and privileges of a
28-21 licensed professional geologist, geophysicist, or soil scientist,
28-22 or a board certified specialty geologist, geophysicist, or soil
28-23 scientist and is entitled to practice geology, geophysics, or soil
28-24 science as a firm or corporation.
28-25 (d) A certificate and seal issued to a holder of a specialty
28-26 certificate must:
28-27 (1) clearly identify the specialty certification; and
29-1 (2) be distinct from a certificate and seal issued to
29-2 a holder of a certificate who does not have a specialty
29-3 certificate.
29-4 SECTION 32. LICENSE DURATION; EXPIRATION. (a) A license is
29-5 valid for a period not to exceed three years and expires according
29-6 to a schedule established by the board.
29-7 (b) The board shall notify each certificate holder of the
29-8 date of expiration of the person's certificate and the amount of
29-9 the fee required for renewal not later than the 60th day before the
29-10 date of expiration.
29-11 (c) On expiration, a certificate is invalid and may not be
29-12 renewed except as provided by this Act.
29-13 SECTION 33. LICENSE RENEWAL. (a) The board shall renew or
29-14 reissue a license for a licensee who before the expiration date of
29-15 the certificate or within a period not to exceed 60 days after the
29-16 expiration as determined by the board:
29-17 (1) submits the required renewal application and fee
29-18 and a penalty for late renewal if required; and
29-19 (2) meets the requirements for renewal established by
29-20 the board.
29-21 (b) The board, by rule, may establish conditions and fees
29-22 for the reissuance of licenses that have lapsed, expired, or been
29-23 suspended or revoked.
29-24 (c) The board shall reissue a new certificate to replace any
29-25 license that has been lost, destroyed, or mutilated, subject to the
29-26 rules and fees adopted by the board.
29-27 SECTION 34. LICENSEE'S SEAL. (a) On licensure, a licensee
30-1 must obtain a seal of a design established by the board bearing the
30-2 licensee's name, license number, the words "Licensed Professional
30-3 Geologist," "Licensed Professional Geophysicist," or "Licensed
30-4 Professional Soil Scientist" and words that indicate any specialty
30-5 in which the individual may be certified.
30-6 (b) Geological, geophysical, and soil science reports,
30-7 documents, and other records as defined by the board that are
30-8 offered to the public and prepared or issued by or under the
30-9 supervision of a licensed professional geologist, geophysicist, or
30-10 soil scientist or by a subordinate under the supervision of a
30-11 licensed professional geologist, geophysicist, or soil scientist
30-12 must include the full name, signature, and license number of the
30-13 licensee who prepared the document or under whose supervision it
30-14 was prepared and an impression of the licensee's seal in accordance
30-15 with rules adopted by the board. Documents that are required to be
30-16 prepared or issued by or under the direction of a geologist,
30-17 geophysicist, or soil scientist certified in a specialty must be
30-18 similarly signed and sealed.
30-19 SECTION 35. EXEMPTIONS; APPLICATION OF ACT. (a) The
30-20 following activities do not require licensure under this Act:
30-21 (1) geological, geophysical, or soil science work
30-22 performed by an employee or a subordinate of a licensee under this
30-23 Act, if the work does not include the responsible charge of
30-24 geological, geophysical, or soil science work and is performed
30-25 under the direct supervision of a licensed professional geologist,
30-26 geophysicist, or soil scientist who is responsible for the work;
30-27 (2) geological, geophysical, or soil science work
31-1 performed by an officer or employee of the United States practicing
31-2 solely as such an officer or employee;
31-3 (3) geological, geophysical, or soil science work
31-4 performed exclusively in exploring for and developing oil and gas
31-5 and other energy resources, base metals, precious and nonprecious
31-6 minerals, including sand, gravel, and aggregate, provided such work
31-7 is done in and for the benefit of private industry;
31-8 (4) geological, geophysical, or soil science research
31-9 conducted through an academic institution, a state or federal
31-10 governmental agency, a nonprofit research institution, or a
31-11 for-profit organization that includes submitting a report on the
31-12 research to a public agency unless the work is covered by
31-13 Subsection (c) of Section 18 of this Act;
31-14 (5) teaching geology, geophysics, or soil science or a
31-15 related physical or natural science except for teaching an advanced
31-16 course in geology, geophysics, or soil science that may be intended
31-17 to qualify as a course requirement for specialty certification;
31-18 (6) the acquisition and interpretation of data
31-19 involving soil, rock, groundwater, and other earth materials for
31-20 engineering purposes; the evaluation of the physical and chemical
31-21 properties of soil, rock, groundwater, and other earth materials;
31-22 or the use of data in analysis, design, and construction by a
31-23 professional engineer registered in this state;
31-24 (7) work customarily performed by a physical or
31-25 natural scientist including a chemist, an archaeologist, a
31-26 geographer, and an oceanographer, if the work does not include the
31-27 planning and execution of a geological, geophysical, or soil
32-1 science investigation or involve the scientist being in responsible
32-2 charge of geological, geophysical, or soil science or specialty
32-3 geological, geophysical, or soil science work or require drawing or
32-4 making geological, geophysical, or soil science conclusions or
32-5 recommendations that significantly affect the public health,
32-6 safety, or welfare;
32-7 (8) testifying or preparing and presenting an exhibit
32-8 or document for the sole purpose of being placed in evidence before
32-9 an administrative or judicial tribunal or hearing, if the
32-10 testimony, exhibit, or document does not imply that the person is
32-11 licensed under this Act; and
32-12 (9) evaluation by a state agency as defined in Section
32-13 2001.003, Government Code, or hearing examiner of an exhibit or
32-14 document offered or placed in evidence before an administrative
32-15 tribunal.
32-16 (b) This Act does not permit the practice of engineering, as
32-17 that practice is defined by The Texas Engineering Practice Act
32-18 (Article 3271a, Vernon's Texas Civil Statutes), by a licensed
32-19 professional geologist, geophysicist, or soil scientist or a
32-20 specialty geologist, geophysicist, or soil scientist.
32-21 (c) A recommendation, design, analysis, redesign, review and
32-22 evaluation, supervision, or summary analysis of an engineered
32-23 structure or work that requires engineering education, training,
32-24 and experience in the application of special knowledge of
32-25 mathematical, physical, or engineering sciences is engineering and
32-26 is subject to The Texas Engineering Practice Act (Article 3271a,
32-27 Vernon's Texas Civil Statutes).
33-1 (d) This Act does not permit the performance of an
33-2 engineering analysis supporting an engineering design by a licensed
33-3 professional geologist, geophysicist, or soil scientist or
33-4 specialty geologist, geophysicist, or soil scientist unless the
33-5 action is under the supervision of a licensed professional
33-6 engineer.
33-7 (e) This Act does not permit a licensed professional
33-8 geologist, geophysicist, or soil scientist or specialty geologist,
33-9 geophysicist, or soil scientist to provide construction quality
33-10 control and evaluation or to design, develop, or perform
33-11 engineering review and evaluation of plans and specifications for
33-12 an engineered structure or work as defined under The Texas
33-13 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
33-14 Statutes). Engineered structures or works include a building,
33-15 utility, machine, equipment, engineered process, engineer product,
33-16 device, liner, or project designed or constructed, regardless of
33-17 whether the structure or work is constructed of earthen or man-made
33-18 materials. This subsection does permit the geoscientific review
33-19 and evaluation of the geoscientific components of a project that
33-20 includes an engineered structure or work.
33-21 (f) With regard to an environmental and pollution
33-22 remediation project, this Act:
33-23 (1) permits the characterization, study, appraisal,
33-24 investigation, and geoscientific review and evaluation of the
33-25 geoscientific components of a project by a certificate holder; and
33-26 (2) as required under The Texas Engineering Practice
33-27 Act (Article 3271a, Vernon's Texas Civil Statutes), does not permit
34-1 the design, development, or performance of engineering review and
34-2 evaluation of an engineered structure, work, or process or related
34-3 constructed improvements used in the extraction and management of
34-4 waste.
34-5 (g) Nothing in this Act requires a licensed geologist, or
34-6 person acting under the supervision of a licensed geologist, who
34-7 performs service or work that is both geology and soil science as
34-8 defined by this Act to be licensed as a soil scientist or to work
34-9 under the supervision of a soil scientist.
34-10 (h) Nothing in this Act requires a licensed soil scientist,
34-11 or person acting under the supervision of a licensed soil
34-12 scientist, who performs service or work that is both soil science
34-13 and geology as defined by this Act to be licensed as a geologist or
34-14 to work under the supervision of a licensed geologist.
34-15 (i) This Act does not permit the practice of professional
34-16 surveying, as that practice is defined by the Professional Land
34-17 Surveying Practices Act (Article 5282c, Vernon's Texas Civil
34-18 Statutes), by a licensed professional geologist, geophysicist, or
34-19 soil scientist or a specialty geologist, geophysicist, or soil
34-20 scientist. This Act does not apply to surveyors, duly qualified
34-21 and registered under the laws of this state, who confine their
34-22 practice strictly to professional land or state land surveying as
34-23 defined by law.
34-24 SECTION 36. PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE
34-25 BY FIRM OR CORPORATION. (a) A firm or corporation may not engage
34-26 in the public practice of geology, geophysics, or soil science or a
34-27 specialty of geology, geophysics, or soil science except for:
35-1 (1) geological, geophysical, or soil science work
35-2 performed by or under the supervision of a geologist, geophysicist,
35-3 or soil scientist licensed to practice geology, geophysics, or soil
35-4 science or certified in an applicable specialty of geology,
35-5 geophysics, or soil science who is in responsible charge of the
35-6 work and who signs and seals all documents as required by this Act;
35-7 and
35-8 (2) a firm or corporation the principal business of
35-9 which is the public practice of geology, geophysics, or soil
35-10 science as determined by board rule if a principal of the firm or
35-11 an officer or director of the corporation is licensed as a
35-12 professional geologist, geophysicist, or soil scientist and has
35-13 overall supervision and control of the geological, geophysical, or
35-14 soil science work performed in this state.
35-15 (b) A firm or corporation permitted to engage in the public
35-16 practice of geology, geophysics, or soil science or a specialty of
35-17 geology, geophysics, or soil science is subject to the rules of the
35-18 board that pertain to the practice of geology, geophysics, or soil
35-19 science or a specialty of geology, geophysics, or soil science by a
35-20 firm or corporation.
35-21 (c) Except as provided by this section, a person, firm, or
35-22 corporation may not hold out to the public that the person, firm,
35-23 or corporation is a licensed professional geologist, licensed
35-24 professional geophysicist, or licensed professional soil scientist,
35-25 board certified in a specialty of geology, geophysics, or soil
35-26 science or able to perform geological, geophysical, or soil science
35-27 services or prepare a report or other document that requires the
36-1 signature and seal of a licensee under this Act.
36-2 SECTION 37. DISCIPLINE AND ENFORCEMENT. (a) The board may
36-3 take the following disciplinary actions:
36-4 (1) deny renewal of a license;
36-5 (2) permanently revoke the license of a licensee;
36-6 (3) suspend the license of a licensee for a specified
36-7 time, not to exceed three years, to take effect immediately
36-8 notwithstanding an appeal if the board determines that the
36-9 licensee's continued practice constitutes an imminent danger to the
36-10 public health, welfare, and safety;
36-11 (4) issue a public or private reprimand to an
36-12 applicant, a licensee, or a person, firm, or corporation practicing
36-13 geology, geophysics, or soil science under this Act;
36-14 (5) impose limitations, conditions, or restrictions on
36-15 the practice of an applicant, a licensee, or a person, firm, or
36-16 corporation practicing geology, geophysics, or soil science under
36-17 this Act;
36-18 (6) require that a licensee participate in a peer
36-19 review program under rules adopted by the board;
36-20 (7) require that a licensee obtain remedial education
36-21 and training as prescribed by the board;
36-22 (8) impose probation on a licensee requiring regular
36-23 reporting to the board;
36-24 (9) require restitution, in whole or in part, of
36-25 compensation or fees earned by a licensee, a person, a firm, or a
36-26 corporation practicing geology, geophysics, or soil science under
36-27 this Act; and
37-1 (10) impose an appropriate administrative penalty for
37-2 each violation of this Act or a rule adopted under this Act on a
37-3 licensee or a person who is not licensed who is not exempt from
37-4 registration under the provisions of this Act.
37-5 (b) The board may impose appropriate sanctions for:
37-6 (1) the practice of any fraud or deceit in obtaining a
37-7 license as a geologist, geophysicist, or soil scientist or
37-8 certification in a specialty of geology, geophysics, or soil
37-9 science;
37-10 (2) incompetency, misconduct, fraud, gross negligence,
37-11 or repeated incidents of negligence in the public practice of
37-12 geology, geophysics, or soil science;
37-13 (3) conviction of a felony or a crime involving moral
37-14 turpitude;
37-15 (4) the imposition of an administrative, civil, or
37-16 criminal fine, or the imposition of a sentence of imprisonment or
37-17 probation instead of a fine, for a misdemeanor relating to or
37-18 arising out of the public practice of geology, geophysics, or soil
37-19 science;
37-20 (5) the issuance of a cease and desist order or a
37-21 similar sanction relating to or arising out of the public practice
37-22 of geology, geophysics, or soil science;
37-23 (6) using the seal of another person or using or
37-24 allowing the use of the licensee's seal on geological, geophysical,
37-25 or soil science work not performed by or under the supervision of
37-26 the licensee;
37-27 (7) aiding or abetting a person in the violation of
38-1 this Act;
38-2 (8) the revocation or suspension of a license, the
38-3 denial of renewal of a license, or other disciplinary action taken
38-4 by a state agency, board of registration, or similar licensing
38-5 agency for geologists, geophysicists, or soil scientists or a
38-6 profession or occupation related to the public practice of geology,
38-7 geophysics, or soil science; however, the sanction imposed by the
38-8 board under this subdivision may not exceed in severity or duration
38-9 the sanction on which the action is based;
38-10 (9) a mental or physical disability, including a
38-11 dependence on or addiction to alcohol or a legal or illegal drug,
38-12 that substantially interferes with the individual's ability to
38-13 assume the responsible charge of and responsibility for geological,
38-14 geophysical, or soil science work; however, a sanction imposed
38-15 under this subdivision may not violate a state or federal law
38-16 relating to the rights of a person with a disability;
38-17 (10) practicing or offering to practice geology,
38-18 geophysics, or soil science or holding out to the public that the
38-19 person or the person's firm or corporation is licensed or qualified
38-20 to practice geology, geophysics, or soil science if the person is
38-21 not licensed under this Act or the person's firm or corporation
38-22 does not employ a licensed professional geologist, licensed
38-23 professional geophysicist, or licensed professional soil scientist
38-24 as required by this Act;
38-25 (11) practicing or offering to practice a specialty of
38-26 geology, geophysics, or soil science recognized by the board or
38-27 holding out to the public that the person or the person's firm or
39-1 corporation is certified in or qualified to practice a specialty of
39-2 geology, geophysics, or soil science if the person is not certified
39-3 in that specialty under this Act or the person's firm or
39-4 corporation does not employ a geologist, geophysicist, or soil
39-5 scientist certified in that specialty to be in responsible charge
39-6 of the specialty work as required by this Act; or
39-7 (12) violating this Act, a rule adopted under this
39-8 Act, including the code of professional conduct, or a comparable
39-9 provision of the laws or rules regulating the practice of geology,
39-10 geophysics, or soil science in another state or country.
39-11 SECTION 38. COMPLAINTS; INVESTIGATION. (a) A person may
39-12 bring a complaint alleging a violation of this Act or a rule
39-13 adopted under this Act.
39-14 (b) The board shall investigate all complaints brought to
39-15 its attention and may employ investigators, expert witnesses, and
39-16 hearing officers, appoint advisory committees, and conduct hearings
39-17 to determine whether disciplinary or other action should be taken.
39-18 (c) A complaint must be made in writing, be sworn to by the
39-19 person making the complaint, and be filed with the board's
39-20 secretary.
39-21 (d) A person who reports or provides information to the
39-22 board in good faith is not subject to an action for civil damages.
39-23 (e) The board, on its own motion and on a finding of
39-24 probable cause following its investigation, may direct the
39-25 secretary to file a verified complaint charging a person with a
39-26 violation of this Act or a rule adopted under this Act. The board
39-27 shall hear all charges, except for a charge that the board
40-1 determines to be unfounded or unsupported by the evidence
40-2 submitted.
40-3 SECTION 39. REPORT OF DISCIPLINARY ACTION. (a) The board
40-4 shall report disciplinary actions taken by the board to appropriate
40-5 regulatory officials in this state, to any other registration or
40-6 licensing board or organization acting on behalf of a registration
40-7 or licensing board in another state, or to an appropriate state or
40-8 federal law enforcement agency if the board determines that a
40-9 violation of laws enforced by the agency receiving the report may
40-10 have occurred.
40-11 (b) The board shall report a disciplinary action taken by
40-12 the board to appropriate law enforcement authorities if the board
40-13 believes that the violation prompting the disciplinary action
40-14 constitutes a criminal offense.
40-15 (c) The records of the board's disciplinary actions may be
40-16 released by the board to a law enforcement agency or a licensing or
40-17 registration board in this state or another state on written
40-18 request.
40-19 (d) The board shall issue public notice of all suspensions
40-20 and revocations of licenses, including a suspension, surrender of a
40-21 certificate, or revocation, obtained informally or by consent, in
40-22 an annual report or another publication selected by the board. A
40-23 report under this subsection may not include an expiration or
40-24 revocation of a license based solely on the failure of the licensee
40-25 to renew the license or to pay an applicable fee.
40-26 SECTION 40. APPEAL. A person aggrieved by a final decision
40-27 or action of the board imposing a sanction under this Act may
41-1 appeal the board's decision or action in a court of competent
41-2 jurisdiction.
41-3 SECTION 41. REISSUANCE OF A LICENSE. (a) The board may
41-4 reissue a license that was revoked on written application to the
41-5 board made after the third anniversary of the date of the
41-6 revocation. The applicant must show good cause to justify the
41-7 reissuance of the license.
41-8 (b) The board shall reissue a license that was suspended on
41-9 the date the suspension period expires. The board may impose
41-10 reasonable conditions or limitations in connection with the
41-11 reissuance of a license that has been suspended.
41-12 SECTION 42. OFFENSE. (a) A person commits an offense if
41-13 the person:
41-14 (1) practices, offers, or attempts to practice
41-15 geology, geophysics, or soil science or a specialty of geology,
41-16 geophysics, or soil science before the public without being
41-17 licensed as required by this Act;
41-18 (2) uses the term "Licensed Professional Geologist,"
41-19 "Licensed Professional Geophysicist," or "Licensed Professional
41-20 Soil Scientist" or the initials "L.P.G." or "L.P.S.S." or claims a
41-21 specialty in geology, geophysics, or soil science as a
41-22 professional, business, or commercial identification or title or
41-23 otherwise holds out to the public that the person is licensed to
41-24 practice geology, geophysics, or soil science or a specialty of
41-25 geology, geophysics, or soil science without being licensed as
41-26 required by this Act;
41-27 (3) alters or revises a document, map, or other
42-1 geological, geophysical, or soil science work signed or sealed by a
42-2 licensed professional geologist, licensed professional
42-3 geophysicist, or licensed professional soil scientist unless the
42-4 alteration or revision is signed and sealed by a licensed
42-5 professional geologist, licensed professional geophysicist, or
42-6 licensed professional soil scientist;
42-7 (4) changes or alters the name or seal of another
42-8 licensed professional geologist, licensed professional
42-9 geophysicist, or licensed professional soil scientist on any
42-10 document, map, or other geological, geophysical, or soil science
42-11 work;
42-12 (5) impersonates a licensed professional geologist,
42-13 licensed professional geophysicist, or licensed professional soil
42-14 scientist or presents or attempts to use the license or the seal of
42-15 another licensed professional geologist, licensed professional
42-16 geophysicist, or licensed professional soil scientist as the
42-17 person's own license or seal;
42-18 (6) gives false or forged evidence to the board or to
42-19 a member of the board in an attempt to obtain a license;
42-20 (7) uses a seal or signs a document under a license
42-21 that is expired or has been suspended or revoked;
42-22 (8) manages, owns, or operates a place of business
42-23 where public geological, geophysical, or soil science work or
42-24 specialty work that is not exempt from licensure under this Act is
42-25 offered or performed for others without the work being supervised
42-26 or performed by a licensed professional geologist, licensed
42-27 professional geophysicist, or licensed professional soil scientist
43-1 or a geologist, geophysicist, or soil scientist certified in a
43-2 specialty of geology, geophysics, or soil science;
43-3 (9) uses public geological, geophysical, or soil
43-4 science work performed by another person for a purpose that
43-5 violates this Act; or
43-6 (10) otherwise violates this Act or a rule adopted by
43-7 the board under this Act.
43-8 (b) An offense under this section is a Class A misdemeanor.
43-9 SECTION 43. TRANSITION. (a) An applicant who applies for a
43-10 license under this Act before September 1, 2000, may be qualified
43-11 for licensure without written examination if the applicant has:
43-12 (1) graduated from an accredited institution of higher
43-13 education acceptable to the board with a bachelor of science or
43-14 bachelor of arts or higher degree and a major in geology or
43-15 geoscience if the application is for certification as a geologist,
43-16 a major in geophysics, geophysical science, or another discipline
43-17 the board determines to be relevant to geophysics if the
43-18 application is for certification as a geophysicist, or a major in
43-19 soil science if the application is for certification as a soil
43-20 scientist; or
43-21 (2) graduated from an accredited institution of higher
43-22 education in a four-year academic degree program other than
43-23 geology, geoscience, geophysics, or soil science, as appropriate,
43-24 but has completed the required number of course hours to qualify as
43-25 a geologist, geophysicist, or soil scientist or in a specialty of
43-26 geology, geophysics, or soil science and has experience consisting
43-27 of not less than six years of professional practice in geology,
44-1 geophysics, or soil science, as appropriate, acceptable to the
44-2 board completed before the date of application for licensure under
44-3 this section.
44-4 (b) An applicant for certification in a specialty who
44-5 applies before the first anniversary of the date the board
44-6 officially recognizes the specialty under this Act may be qualified
44-7 for certification in that specialty without written examination if
44-8 the applicant:
44-9 (1) is licensed under this Act as a geologist,
44-10 geophysicist, or soil scientist in this state; and
44-11 (2) has experience consisting of not less than six
44-12 years of professional practice acceptable to the board in the
44-13 applicable specialty of geology, geophysics, or soil science
44-14 completed before the date of application for certification in a
44-15 specialty under this section.
44-16 (c) An initial member of the board who is required to be a
44-17 licensed professional geologist, geophysicist, or soil scientist
44-18 must be qualified for licensure or certification under Subsections
44-19 (a) and (b) of this section.
44-20 (d) The governor shall make the initial appointments to the
44-21 board before November 1, 1999. The board shall hold its first
44-22 meeting before January 1, 2000. The initial appointments to the
44-23 board shall be made as follows:
44-24 (1) three members shall be appointed for terms
44-25 expiring in 2001;
44-26 (2) three members shall be appointed for terms
44-27 expiring in 2003; and
45-1 (3) three members shall be appointed for terms
45-2 expiring in 2005.
45-3 (e) The board shall adopt rules under this Act not later
45-4 than November 30, 2000.
45-5 (f) A person is not required to obtain a certificate of
45-6 licensure under this Act until January 1, 2001.
45-7 SECTION 44. EFFECTIVE DATE. This Act takes effect September
45-8 1, 1999, except that Sections 18 and 42 of this Act take effect
45-9 January 1, 2001.
45-10 SECTION 45. EMERGENCY. The importance of this legislation
45-11 and the crowded condition of the calendars in both houses create an
45-12 emergency and an imperative public necessity that the
45-13 constitutional rule requiring bills to be read on three several
45-14 days in each house be suspended, and this rule is hereby suspended.