1-1 By: Brown S.B. No. 129 1-2 (In the Senate - Filed January 7, 1999; January 28, 1999, 1-3 read first time and referred to Committee on State Affairs; 1-4 May 10, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 8, Nays 0; May 10, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 129 By: Brown 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the regulation of professional geoscientists; providing 1-11 penalties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT. The 1-14 Texas Geoscience Practice Act is adopted to read as follows: 1-15 SUBCHAPTER A. GENERAL PROVISIONS 1-16 Sec. 1.01. SHORT TITLE. This Act may be cited as the Texas 1-17 Geoscience Practice Act. 1-18 Sec. 1.02. DEFINITIONS. In this Act: 1-19 (1) "Board" means the Texas Board of Professional 1-20 Geoscientists. 1-21 (2) "Certified geoscientist" means a geoscientist who 1-22 has been certified by a professional organization, society, or 1-23 association that maintains a geoscientist certification program. 1-24 (3) "Geoscience" means the science of the earth and 1-25 its origin and history, the investigation of the earth's 1-26 environment and its constituent soils, rocks, minerals, fossil 1-27 fuels, solids, and fluids, and the study of the natural and 1-28 introduced agents, forces, and processes that cause changes in and 1-29 on the earth and generally includes the disciplines of geology, 1-30 geophysics, soil science, and physical geography. 1-31 (4) "Geoscientist" means a person qualified to engage 1-32 in the practice of the geosciences because of the person's 1-33 knowledge, acquired through education and practical experience, of 1-34 the geosciences and mathematics and the supporting physical, 1-35 chemical, mineralogical, morphological, and life sciences. 1-36 (5) "Geoscientist-in-training" means an applicant for 1-37 a license under this Act who has met all the license requirements 1-38 except the length of active practice requirement described under 1-39 Subdivision (3) of Section 6.05 of this Act. 1-40 (6) "Licensed geoscientist" means a geoscientist who 1-41 has met the academic and experience qualifications of this Act and 1-42 who has been issued a license as a "Licensed Professional 1-43 Geoscientist" by the board. 1-44 (7) "Performance before the public": 1-45 (A) means providing professional geoscientific 1-46 services: 1-47 (i) to a governmental entity in this 1-48 state; 1-49 (ii) to comply with a rule established by 1-50 this state or a political subdivision of this state for the express 1-51 purpose of protecting the health, safety, or welfare of residents 1-52 of this state; and 1-53 (iii) to the public or a firm or 1-54 corporation in this state if the practitioner assumes the ultimate 1-55 liability for the work product; and 1-56 (B) does not include services provided for the 1-57 express use of a firm or corporation by an employee or consultant 1-58 if the firm or corporation assumes the ultimate liability for the 1-59 work product. 1-60 (8) "Public practice of the geosciences" means the 1-61 performance before the public of geoscientific services or work, 1-62 including consulting, investigating, evaluating, planning, mapping, 1-63 and inspecting geoscientific work and the responsible supervision 1-64 of those tasks. 2-1 (9) "Responsible charge" means the independent control 2-2 and direction of geoscientific work or the supervision of 2-3 geoscientific work by the use of initiative, skill, and independent 2-4 judgment. 2-5 Sec. 1.03. APPLICATION OF SUNSET ACT. The Texas Board of 2-6 Professional Geoscientists is subject to Chapter 325, Government 2-7 Code (Texas Sunset Act). Unless continued in existence as provided 2-8 by that chapter, the board is abolished and this Act expires 2-9 September 1, 2011. 2-10 Sec. 1.04. APPLICATION OF ACT. (a) In this section: 2-11 (1) "Licensed engineer" and "practice of engineering" 2-12 have the meanings assigned those terms by Section 2, The Texas 2-13 Engineering Practice Act (Article 3271a, Vernon's Texas Civil 2-14 Statutes). 2-15 (2) "Professional surveying" has the meaning assigned 2-16 by Section 2, Professional Land Surveying Practices Act (Article 2-17 5282c, Vernon's Texas Civil Statutes). 2-18 (b) This Act does not authorize the practice of professional 2-19 surveying by a licensed geoscientist. This Act does not apply to a 2-20 qualified and registered surveyor who confines the surveyor's 2-21 practice to acts of surveying allowed under the Professional Land 2-22 Surveying Practices Act (Article 5282c, Vernon's Texas Civil 2-23 Statutes). 2-24 (c) This Act does not authorize the practice of engineering 2-25 by a licensed geoscientist. 2-26 (d) This Act does not require a licensed engineer, or a 2-27 person acting under the supervision of a licensed engineer, who 2-28 performs service or work that is both engineering and geoscience to 2-29 be licensed as a geoscientist or to work under the supervision of a 2-30 geoscientist. 2-31 (e) A recommendation, design, analysis, redesign, or review 2-32 and evaluation, the supervision, or a summary analysis of an 2-33 engineered structure or work, the performance of which requires 2-34 engineering education, training, and experience in the application 2-35 of special knowledge of mathematical, physical, and engineering 2-36 sciences, is engineering and is subject to The Texas Engineering 2-37 Practice Act (Article 3271a, Vernon's Texas Civil Statutes). 2-38 (f) This Act does not permit a licensed geoscientist to 2-39 perform an engineering analysis supporting an engineering design 2-40 unless the action is under the supervision of a licensed engineer. 2-41 (g) This Act does not permit a licensed geoscientist to 2-42 provide construction quality control and evaluation, to perform 2-43 materials engineering and testing, or to design, develop, or 2-44 perform engineering review and evaluation of engineering plans and 2-45 engineering specifications for an engineered structure or work 2-46 unless the action is under the supervision of a licensed engineer. 2-47 (h) With regard to an environmental and pollution 2-48 remediation project, this Act: 2-49 (1) permits the characterization, study, appraisal, 2-50 investigation, and geoscientific review and evaluation of and the 2-51 making of recommendations regarding the geoscientific components of 2-52 a project by a licensed geoscientist; and 2-53 (2) does not permit the design, development, or 2-54 performance of engineering review and evaluation of an engineered 2-55 structure, work, or process or related constructed improvements by 2-56 a licensed geoscientist. 2-57 (i) With regard to a geoscientific investigation of 2-58 geological conditions affecting an engineered work, this Act: 2-59 (1) permits the characterization, study, appraisal, 2-60 investigation, and geoscientific review and evaluation of and the 2-61 making of recommendations regarding the geoscientific components of 2-62 a project by a licensed geoscientist; and 2-63 (2) does not permit the design, development, or 2-64 performance of engineering review and evaluation of an engineered 2-65 structure, work, or process or related constructed improvements by 2-66 a licensed geoscientist. 2-67 (j) The board and the Texas Board of Professional Engineers 2-68 by rule, memorandum of agreement, or another appropriate procedure 2-69 or document shall jointly resolve any conflict between this Act or 3-1 a rule adopted under this Act and The Texas Engineering Practice 3-2 Act (Article 3271a, Vernon's Texas Civil Statutes) or a rule 3-3 adopted under that Act. 3-4 SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS 3-5 Sec. 2.01. BOARD MEMBERSHIP. (a) The Texas Board of 3-6 Professional Geoscientists shall administer this Act. 3-7 (b) The board is composed of nine members appointed by the 3-8 governor with the advice and consent of the senate. 3-9 (c) Six members of the board must be geoscientists licensed 3-10 under this Act. To the extent possible, the composition of the 3-11 geoscientists serving on the board must be representative of the 3-12 occupational distribution of geoscientists licensed or regulated 3-13 under this Act. 3-14 (d) Three members of the board must be members of the 3-15 public. 3-16 (e) Appointments to the board shall be made without regard 3-17 to the race, color, disability, sex, religion, age, or national 3-18 origin of the appointees. 3-19 Sec. 2.02. MEMBER ELIGIBILITY. (a) A member of the board 3-20 must: 3-21 (1) be a citizen of the United States; 3-22 (2) have been a resident of this state for at least 3-23 the three years preceding appointment; and 3-24 (3) be at least 25 years of age. 3-25 (b) A person is not eligible for appointment as a public 3-26 member of the board if the person or the person's spouse: 3-27 (1) is registered, certified, or licensed by an 3-28 occupational regulatory agency in the field of geoscience; 3-29 (2) is employed by or participates in the management 3-30 of a business entity or other organization regulated by or 3-31 receiving money from the board; 3-32 (3) owns or controls, directly or indirectly, more 3-33 than a 10 percent interest in a business entity or other 3-34 organization regulated by or receiving money from the board; or 3-35 (4) uses or receives a substantial amount of tangible 3-36 goods, services, or money from the board other than compensation or 3-37 reimbursement authorized by law for board membership, attendance, 3-38 or expenses. 3-39 Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In 3-40 this section, "society or trade association" means a nonprofit, 3-41 cooperative, and voluntarily joined association of business or 3-42 professional competitors designed to assist its members and its 3-43 industry or profession in dealing with mutual business or 3-44 professional problems and in promoting their common interest. 3-45 (b) A person may not be a member of the board and may not be 3-46 a board employee employed in a "bona fide executive, 3-47 administrative, or professional capacity," as that phrase is used 3-48 in the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et 3-49 seq.) and its subsequent amendments, if: 3-50 (1) the person is an officer, employee, or paid 3-51 consultant of a society or trade association in the field of 3-52 geoscience; or 3-53 (2) the person's spouse is an officer, manager, or 3-54 paid consultant of a society or trade association in the field of 3-55 geoscience. 3-56 (c) A person may not be a member of the board or act as the 3-57 general counsel to the board if the person is required to register 3-58 as a lobbyist under Chapter 305, Government Code, because of the 3-59 person's activities for compensation on behalf of a profession 3-60 related to the operation of the board. 3-61 Sec. 2.04. TERMS. (a) Members of the board serve staggered 3-62 six-year terms, with the terms of three members expiring February 1 3-63 of each odd-numbered year. 3-64 (b) A member of the board may not serve more than two 3-65 consecutive full terms. 3-66 Sec. 2.05. GROUNDS FOR REMOVAL. (a) It is a ground for 3-67 removal from the board if: 3-68 (1) the member is no longer qualified for appointment 3-69 to the board; 4-1 (2) the member engages in misconduct, is determined 4-2 incompetent, neglects the member's official duties, or engages in 4-3 malfeasance; 4-4 (3) the member commits a felony or a violation of this 4-5 Act resulting in disciplinary action; or 4-6 (4) the member fails without excuse to attend at least 4-7 half of the regularly scheduled meetings held in a calendar year 4-8 while the member is a member of the board. 4-9 (b) The validity of an action of the board is not affected 4-10 by the fact that it is taken when a ground for removal of a board 4-11 member exists. 4-12 (c) If the executive director has knowledge that a potential 4-13 ground for removal exists, the executive director shall notify the 4-14 presiding officer of the board of the potential ground. The 4-15 presiding officer shall then notify the governor and the attorney 4-16 general that a potential ground for removal exists. If the 4-17 potential ground for removal involves the presiding officer, the 4-18 executive director shall notify the assistant presiding officer, 4-19 who shall then notify the governor and the attorney general that a 4-20 potential ground for removal exists. 4-21 Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of 4-22 the board is entitled to reimbursement for the travel expenses 4-23 incurred by the member while conducting the business of the board, 4-24 as provided by the General Appropriations Act. 4-25 Sec. 2.07. OFFICERS. (a) The board shall elect biennially 4-26 from its own membership a presiding officer, assistant presiding 4-27 officer, and secretary-treasurer. A member may not hold one of 4-28 these positions for more than two consecutive two-year periods. A 4-29 member serves in the position at the will of the board and may be 4-30 removed from the position by a two-thirds majority vote of the 4-31 board. 4-32 (b) The board may appoint an assistant secretary and other 4-33 assistants who are not members of the board to assist the board and 4-34 exercise its authority in carrying out the board's powers and 4-35 duties. 4-36 Sec. 2.08. OFFICE. The board shall maintain its office in 4-37 Austin. 4-38 Sec. 2.09. MEETINGS. The board shall hold two or more 4-39 regular meetings in each calendar year. A special meeting may be 4-40 held at a time permitted by rule of the board. 4-41 Sec. 2.10. TRAINING. (a) A person who is appointed to and 4-42 qualifies for office as a member of the board may not vote, 4-43 deliberate, or be counted as a member in attendance at a meeting of 4-44 the board until the person completes a training program that 4-45 complies with this section. 4-46 (b) The training program must provide the person with 4-47 information regarding: 4-48 (1) the legislation that created the board; 4-49 (2) the programs operated by the board; 4-50 (3) the role and functions of the board; 4-51 (4) the rules of the board, with an emphasis on the 4-52 rules that relate to disciplinary and investigatory authority; 4-53 (5) the current budget for the board; 4-54 (6) the results of the most recent formal audit of the 4-55 board; 4-56 (7) the requirements of: 4-57 (A) the open meetings law, Chapter 551, 4-58 Government Code; 4-59 (B) the public information law, Chapter 552, 4-60 Government Code; 4-61 (C) the administrative procedure law, Chapter 4-62 2001, Government Code; and 4-63 (D) other laws relating to public officials, 4-64 including conflict-of-interest laws; and 4-65 (8) any applicable ethics policies adopted by the 4-66 board or the Texas Ethics Commission. 4-67 (c) A person appointed to the board is entitled to 4-68 reimbursement, as provided by the General Appropriations Act, for 4-69 the travel expenses incurred in attending the training program 5-1 regardless of whether the attendance at the program occurs before 5-2 or after the person qualifies for office. 5-3 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL 5-4 Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an 5-5 executive director, who shall be responsible for managing the 5-6 day-to-day affairs of the board, including: 5-7 (1) arranging for and supervising the necessary 5-8 support, secretarial, and clerical services; 5-9 (2) obtaining space for holding examinations, 5-10 meetings, and conferences; 5-11 (3) printing or purchasing examinations; 5-12 (4) printing and mailing forms, information, and 5-13 licenses; 5-14 (5) sending notices, collecting fees, and issuing 5-15 receipts; 5-16 (6) conducting the correspondence of the board, 5-17 including replying to routine requests for information; 5-18 (7) maintaining the minutes and records of the board; 5-19 (8) keeping records of receipts and disbursements; and 5-20 (9) providing necessary investigative services. 5-21 Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT. (a) The 5-22 executive director shall receive, administer, and account for all 5-23 money received under this Act and shall transfer the money to the 5-24 comptroller. 5-25 (b) All money paid to the board under this Act shall be 5-26 deposited to the credit of the professional geoscientists' fund 5-27 account in the general revenue fund. The account shall be 5-28 maintained in accordance with the accounting procedures of, and is 5-29 subject to audit by, the comptroller. Interest earned on money 5-30 deposited to the credit of the account shall be credited to the 5-31 account. 5-32 (c) Money in the account may be used only to pay the 5-33 expenses incurred by the board in the administration and 5-34 enforcement of this Act. 5-35 (d) The executive director shall file annually with the 5-36 comptroller a written report accounting for all receipts, 5-37 expenditures, and account balances. 5-38 Sec. 3.03. SEPARATION OF RESPONSIBILITIES. The board shall 5-39 develop and implement policies that clearly separate the 5-40 policymaking responsibilities of the board and the management 5-41 responsibilities of the executive director and the staff of the 5-42 board. 5-43 Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT. The 5-44 executive director or the executive director's designee shall 5-45 provide to members of the board and to board employees, as often as 5-46 necessary, information regarding the requirements for office or 5-47 employment under this Act, including information regarding a 5-48 person's responsibilities under applicable laws relating to 5-49 standards of conduct for state officers or employees. 5-50 Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. 5-51 (a) The executive director or the executive director's designee 5-52 shall develop an intra-agency career ladder program that addresses 5-53 opportunities for mobility and advancement of employees within the 5-54 board. The program must require intra-agency posting of all 5-55 positions concurrently with any public posting. 5-56 (b) The executive director or the executive director's 5-57 designee shall develop a system of annual performance evaluations 5-58 based on documented employee performance. All decisions regarding 5-59 merit pay for a board employee must be based on that system. 5-60 Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The 5-61 board or the board's designee shall prepare and maintain a written 5-62 policy statement that implements a program of equal employment 5-63 opportunity to ensure that all personnel decisions are made without 5-64 regard to race, color, disability, sex, religion, age, or national 5-65 origin. 5-66 (b) The policy statement must include: 5-67 (1) personnel policies, including policies relating to 5-68 recruitment, evaluation, selection, training, and promotion of 5-69 personnel, that show the intent of the board to avoid the unlawful 6-1 employment practices described by Chapter 21, Labor Code; and 6-2 (2) an analysis of the extent to which the composition 6-3 of the board's personnel is in accordance with state and federal 6-4 law and a description of reasonable methods to achieve compliance 6-5 with state and federal law. 6-6 (c) The policy statement must: 6-7 (1) be updated annually; 6-8 (2) be reviewed by the state Commission on Human 6-9 Rights for compliance with Subdivision (1) of Subsection (b) of 6-10 this section; and 6-11 (3) be filed with the governor's office. 6-12 SUBCHAPTER D. BOARD POWERS AND DUTIES 6-13 Sec. 4.01. GENERAL RULEMAKING AUTHORITY. The board may 6-14 adopt and enforce rules consistent with this Act and necessary for 6-15 the performance of its duties. 6-16 Sec. 4.02. FEES. The board may set reasonable and necessary 6-17 fees to be charged applicants and license holders under this Act, 6-18 including fees for application, examination, licensure, and renewal 6-19 of a license. 6-20 Sec. 4.03. CODE OF PROFESSIONAL CONDUCT. (a) The board by 6-21 rule shall adopt a code of professional conduct that is binding on 6-22 all license holders under this Act. 6-23 (b) The board may enforce the code by imposing sanctions as 6-24 provided by this Act. 6-25 Sec. 4.04. ENFORCEMENT. (a) The board shall enforce this 6-26 Act. Any member of the board may present to a prosecuting officer 6-27 a complaint relating to a violation of this Act. The board through 6-28 its members, officers, counsel, or agents may assist in the trial 6-29 of a case involving the violation of this Act, subject to the 6-30 control of the prosecuting officer. 6-31 (b) The board may administer oaths and affirmations and 6-32 issue subpoenas to compel the attendance of witnesses and the 6-33 production of evidence. 6-34 (c) The attorney general shall act as legal advisor to the 6-35 board and shall render legal assistance as necessary in enforcing 6-36 this Act. 6-37 Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS. (a) The 6-38 board by rule may recognize the use of the designations used by a 6-39 professional organization, society, or association that maintains a 6-40 geoscientist certification program if: 6-41 (1) the requirements for that certification are 6-42 acceptable to the board; 6-43 (2) the full name or recognized abbreviation of the 6-44 organization, society, or association granting the certification is 6-45 stated following or in conjunction with the use of the designation 6-46 or abbreviation; and 6-47 (3) the designation or abbreviation is not used in a 6-48 manner that is misleading or that creates an impression that the 6-49 person is licensed to practice geoscience before the public unless 6-50 the person is licensed under this Act. 6-51 (b) The board by rule shall recognize the title "geological 6-52 engineer," "geotechnical engineer," "hydraulic engineer," or 6-53 "agricultural engineer" or another legitimate engineering title as 6-54 a legitimate engineering title separate from the geosciences, the 6-55 use of which requires licensure as a professional engineer. 6-56 Sec. 4.06. ESTABLISHMENT OF DISCIPLINES. The board by rule 6-57 shall establish the criteria and appropriate requirements for 6-58 licensure in the various disciplines of the geosciences, including 6-59 geology, geophysics, soil science, and physical geography. 6-60 Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The 6-61 board may enter into agreements with licensing or registration 6-62 boards in other states and other appropriate organizations, 6-63 societies, associations, and agencies to develop uniform standards 6-64 for: 6-65 (1) the licensing or registration of geoscientists; 6-66 (2) accrediting educational programs; 6-67 (3) establishing reciprocal and temporary licenses; 6-68 (4) developing regional or national examinations; 6-69 (5) evaluating applicants; or 7-1 (6) another purpose consistent with this Act. 7-2 Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In 7-3 connection with the administration of this Act, the board may: 7-4 (1) appoint committees; 7-5 (2) employ personnel, contractors, and consultants; 7-6 (3) lease or purchase furnishings, equipment, and 7-7 supplies; 7-8 (4) lease office space; and 7-9 (5) incur other similar expenses. 7-10 Sec. 4.09. ROSTER OF LICENSE HOLDERS. (a) The board shall 7-11 maintain a roster stating the name and place of business of each 7-12 licensed geoscientist. 7-13 (b) The board shall maintain copies of the roster and shall 7-14 provide a copy on request to a state agency, a county or municipal 7-15 clerk or building official, or a license or certificate holder. 7-16 (c) The board shall provide a copy of the roster to another 7-17 person on written request, subject to payment of a reasonable fee 7-18 set by the board. 7-19 Sec. 4.10. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE 7-20 REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENT EXISTS. The 7-21 board shall maintain a list of each state, territory, or possession 7-22 of the United States, the District of Columbia, or foreign country 7-23 in which the requirements and qualifications for licensure or 7-24 registration are comparable to those established in this state and 7-25 with which a reciprocity agreement exists. 7-26 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES 7-27 Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall: 7-28 (1) prepare information of public interest describing: 7-29 (A) the regulatory functions of the board; and 7-30 (B) the board's procedures by which complaints 7-31 are filed with and resolved by the board; and 7-32 (2) make the information available to the public and 7-33 appropriate state agencies. 7-34 Sec. 5.02. COMPLAINTS. (a) A person may bring a complaint 7-35 alleging a violation of this Act or a rule adopted under this Act. 7-36 (b) A complaint must be: 7-37 (1) in writing; 7-38 (2) sworn to by the person making the complaint; and 7-39 (3) filed with the secretary-treasurer. 7-40 (c) The board shall maintain a file on each complaint filed 7-41 with the board. The file must include: 7-42 (1) the name of the person who filed the complaint; 7-43 (2) the date the complaint is received by the board; 7-44 (3) the subject matter of the complaint; 7-45 (4) the name of each person contacted in relation to 7-46 the complaint; 7-47 (5) a summary of the results of the review or 7-48 investigation of the complaint; and 7-49 (6) an explanation of the reason the file was closed, 7-50 if the board closed the file without taking action other than to 7-51 investigate the complaint. 7-52 (d) The board shall provide to the person filing the 7-53 complaint and to each person who is a subject of the complaint a 7-54 copy of the board's policies and procedures relating to complaint 7-55 investigation and resolution. 7-56 (e) The board shall investigate all complaints brought to 7-57 its attention and may employ investigators, expert witnesses, and 7-58 hearing officers, appoint advisory committees, and conduct hearings 7-59 to determine whether disciplinary or other action should be taken. 7-60 (f) The board, at least quarterly until final disposition of 7-61 the complaint, shall notify the person filing the complaint and 7-62 each person who is a subject of the complaint of the status of the 7-63 investigation unless the notice would jeopardize an undercover 7-64 investigation. 7-65 Sec. 5.03. PUBLIC PARTICIPATION. The board shall develop 7-66 and implement policies that provide the public with a reasonable 7-67 opportunity to appear before the board and to speak on any issue 7-68 under the jurisdiction of the board. 8-1 SUBCHAPTER F. LICENSE REQUIREMENTS 8-2 Sec. 6.01. LICENSE REQUIRED. (a) Unless exempted by this 8-3 Act, a person may not engage in the public practice of the 8-4 geosciences unless the person holds a license issued under this 8-5 Act. 8-6 (b) Unless the person is licensed under this Act, a person 8-7 may not: 8-8 (1) use the term "Licensed Professional Geoscientist" 8-9 or the initials "P.G." as part of a professional, business, or 8-10 commercial identification or title; or 8-11 (2) otherwise represent to the public that the person 8-12 is qualified to: 8-13 (A) practice as a geoscientist; or 8-14 (B) engage in the practice of the geosciences. 8-15 (c) A person may not take responsible charge of a 8-16 geoscientific report or a geoscientific portion of a report 8-17 required by municipal or county ordinance, state or federal law, 8-18 state agency rule, or federal regulation that incorporates or is 8-19 based on a geoscientific study or geoscientific data unless the 8-20 person is licensed under this Act or exempt under Section 1.04 or 8-21 6.02 of this Act. 8-22 Sec. 6.02. EXEMPTIONS. The following activities do not 8-23 require a license under this Act: 8-24 (1) geoscientific work performed by an employee or a 8-25 subordinate of a license holder under this Act if the work does not 8-26 include the responsible charge of geoscientific work and is 8-27 performed under the direct supervision of a licensed geoscientist 8-28 who is responsible for the work; 8-29 (2) geoscientific work performed by an officer or 8-30 employee of the United States practicing solely as such an officer 8-31 or employee; 8-32 (3) geoscientific work performed exclusively in 8-33 exploring for and developing oil, gas, or other energy resources, 8-34 base metals, or precious or nonprecious minerals, including sand, 8-35 gravel, or aggregate, if the work is done in and for the benefit of 8-36 private industry; 8-37 (4) geoscientific research conducted through an 8-38 academic institution, state or federal governmental agency, 8-39 nonprofit research institution, or for-profit organization that 8-40 includes submitting a report on the research to a public agency 8-41 unless the work is covered by Subsection (c) of Section 6.01 of 8-42 this Act; 8-43 (5) teaching the geosciences or a related physical or 8-44 natural science; 8-45 (6) work customarily performed by a cartographer or a 8-46 physical or natural scientist, including a chemist, archaeologist, 8-47 geographer, or oceanographer, if the work does not include the 8-48 planning and execution of a geoscientific investigation, involve 8-49 the scientist's being in responsible charge of geoscientific work, 8-50 or require drawing geoscientific conclusions; 8-51 (7) testifying or preparing and presenting an exhibit 8-52 or document for the sole purpose of being placed in evidence before 8-53 an administrative or judicial tribunal or hearing if the testimony, 8-54 exhibit, or document does not imply that the person is licensed 8-55 under this Act; 8-56 (8) the evaluation by a state agency as defined by 8-57 Section 2001.003, Government Code, or a hearing examiner of an 8-58 exhibit or document offered or placed in evidence before an 8-59 administrative tribunal; or 8-60 (9) the determination of the suitability of a site for 8-61 a specific on-site sewage disposal system by a site evaluator 8-62 certified by the Texas Natural Resource Conservation Commission. 8-63 Sec. 6.03. LICENSE APPLICATION. (a) An applicant for a 8-64 license as a geoscientist, including an applicant for a temporary 8-65 or reciprocal license, must apply on a form prescribed by the board 8-66 that is signed and sworn to by the applicant before a notary 8-67 public. 8-68 (b) The application must be accompanied by the appropriate 8-69 application fee and include: 9-1 (1) information concerning the applicant's education; 9-2 (2) a detailed summary of the applicant's work 9-3 experience in the geosciences; 9-4 (3) a signed statement that the applicant has read and 9-5 will comply with the code of professional conduct adopted under 9-6 this Act; and 9-7 (4) not fewer than five reference letters, of which 9-8 not fewer than three are from geoscientists who have personal 9-9 knowledge of the applicant's work experience in the geosciences. 9-10 Sec. 6.04. EXAMINATIONS. (a) The board may prepare, 9-11 administer, and grade oral and written examinations required or 9-12 permitted under this Act. 9-13 (b) The board may adopt or recognize, in whole or in part, 9-14 an examination prepared, administered, or graded by another 9-15 organization, on a regional or national basis, that the board 9-16 determines appropriate to measure the qualifications of an 9-17 applicant for a license as a geoscientist if: 9-18 (1) the examination questions, the correct answers, 9-19 and the applicant's completed examination are available to the 9-20 board; and 9-21 (2) the board retains the authority to determine a 9-22 passing grade for a license in this state. 9-23 Sec. 6.05. LICENSE ELIGIBILITY. To be eligible for a 9-24 license as a geoscientist, an applicant must: 9-25 (1) be of good moral and ethical character as attested 9-26 to by letters of reference submitted in behalf of the applicant or 9-27 as otherwise determined by the board; 9-28 (2) have: 9-29 (A) graduated from a course of study in 9-30 geoscience satisfactory to the board of at least four years that 9-31 includes at least 30 semester hours or 45 quarter hours of credit 9-32 in geoscience; or 9-33 (B) satisfactorily completed other equivalent 9-34 educational requirements as determined by the board; 9-35 (3) have a documented record of at least four years of 9-36 qualifying work experience in geoscience, as provided by Section 9-37 6.06 of this Act, that demonstrates that the applicant is qualified 9-38 to assume responsible charge for geoscientific work; 9-39 (4) have passed an examination required by the board 9-40 covering the fundamentals and practice of the appropriate 9-41 discipline of the geosciences; and 9-42 (5) meet any other requirements established by the 9-43 board. 9-44 Sec. 6.06. QUALIFYING EXPERIENCE. The board shall apply the 9-45 following standards in evaluating the experience of an applicant 9-46 for a license as a geoscientist under Section 6.05 of this Act: 9-47 (1) each year of experience in professional practice 9-48 acceptable to the board, under the direct supervision of a 9-49 geoscientist who is licensed in this state or in another state 9-50 under requirements for licensure or registration that are 9-51 comparable to those in this Act or under the direct supervision of 9-52 a geoscientist who meets the educational and experience 9-53 requirements for licensure but is not required to be licensed under 9-54 this Act, constitutes one year of professional experience in the 9-55 geosciences; and 9-56 (2) each year of experience in professional practice 9-57 acceptable to the board and acquired before September 1, 2000, 9-58 constitutes one year of professional experience in the geosciences 9-59 if the experience: 9-60 (A) was acquired under the direct supervision of 9-61 a geoscientist who meets the educational and experience 9-62 requirements for a license under this Act or is licensed or 9-63 registered under comparable requirements in another state; or 9-64 (B) would constitute the responsible charge of 9-65 professional geoscientific work as determined by the board. 9-66 Sec. 6.07. GRADUATE STUDY, RESEARCH, AND TEACHING 9-67 EXPERIENCE. (a) Each year of full-time graduate study in the 9-68 geosciences that is acceptable to the board constitutes one year of 9-69 professional experience in the geosciences. Not more than two 10-1 years of full-time graduate study may be accepted by the board for 10-2 professional experience for a single applicant. 10-3 (b) The board may accept geoscientific research or teaching 10-4 by a person studying the geosciences at the college or university 10-5 level as qualifying experience if the research or teaching, in the 10-6 judgment of the board, is comparable to experience obtained in the 10-7 practice of the geosciences. 10-8 Sec. 6.08. RECIPROCAL LICENSE. (a) The board by rule shall 10-9 authorize the licensing of a person who has not met the examination 10-10 requirement of Subdivision (4) of Section 6.05 of this Act if the 10-11 person is licensed or registered to practice the geosciences under 10-12 the law of another state, a territory or possession of the United 10-13 States, the District of Columbia, or a foreign country. 10-14 (b) The board may issue a license to an applicant who 10-15 provides proof of licensure or registration under requirements that 10-16 the board determines to be substantially similar to those 10-17 established by this Act and who pays the required fees. 10-18 Sec. 6.09. TEMPORARY LICENSE. (a) The board may issue a 10-19 temporary license to a person who: 10-20 (1) is not a resident of this state and does not have 10-21 an established place of business in this state who seeks to 10-22 practice the geosciences in this state for a temporary period; or 10-23 (2) applies for a reciprocal license and who seeks to 10-24 practice the geosciences pending a determination on the application 10-25 for the reciprocal license. 10-26 (b) An applicant for a temporary license must: 10-27 (1) apply to the board for a temporary license, 10-28 provide proof of licensure or registration in another state, the 10-29 District of Columbia, a territory or possession of the United 10-30 States, or a foreign country, and pay the required fees; 10-31 (2) agree to comply with the signature requirements of 10-32 Subsection (b) of Section 6.14 of this Act and to affix the 10-33 person's seal from the jurisdiction in which the person is licensed 10-34 or registered on all work completed while practicing under the 10-35 temporary license; and 10-36 (3) file the required information and reports and 10-37 comply with other requirements established by the board concerning 10-38 the person's temporary practice. 10-39 (c) A temporary license issued to a nonresident described by 10-40 Subdivision (1) of Subsection (a) of this section expires on the 10-41 90th day after the date of issuance. A temporary license issued to 10-42 an applicant for a reciprocal license expires on the date the 10-43 reciprocal license is issued or denied. 10-44 Sec. 6.10. WAIVER OF REQUIREMENTS. (a) Except for the 10-45 payment of a required fee, the board may waive any of the 10-46 requirements for licensure by a two-thirds vote of the entire board 10-47 on the written request of an applicant and a showing of good cause 10-48 if the board determines that the applicant is otherwise qualified 10-49 for a license as a geoscientist. 10-50 (b) Each requirement waived under this section and the basis 10-51 for the waiver must be recorded in the applicant's record and in 10-52 the proceedings of the board. 10-53 Sec. 6.11. CONFIDENTIALITY OF CERTAIN INFORMATION. A 10-54 statement made by a person who provides a reference for an 10-55 applicant for a license under this Act or provides any information 10-56 compiled by or submitted to the board relating to an applicant is 10-57 privileged and confidential and may be used only by the board or an 10-58 employee or agent of the board who is directly involved in the 10-59 application or licensure process. Confidential information under 10-60 this section is not subject to discovery, subpoena, or other 10-61 disclosure in any proceeding. 10-62 Sec. 6.12. ISSUANCE OF LICENSE. (a) The board shall issue 10-63 a license to an applicant who meets the requirements of this Act on 10-64 payment of the applicable license fee. 10-65 (b) The license must: 10-66 (1) show the full name of the license holder; 10-67 (2) have a serial number; 10-68 (3) state the license holder's discipline; and 10-69 (4) be signed by an appropriate officer of the board 11-1 under the board's seal. 11-2 (c) The issuance by the board of a license is prima facie 11-3 evidence that during the term of the license the license holder is 11-4 entitled to: 11-5 (1) all the rights and privileges of a licensed 11-6 geoscientist; and 11-7 (2) practice the geosciences as a firm or corporation. 11-8 Sec. 6.13. LICENSE DURATION; EXPIRATION. (a) A license is 11-9 valid for a period not to exceed three years and expires according 11-10 to a schedule established by rule by the board. 11-11 (b) On expiration, a license is invalid and may not be 11-12 renewed except as provided by this Act. 11-13 Sec. 6.14. SEAL. (a) On issuance of a license, the license 11-14 holder must obtain a seal of a design established by the board 11-15 bearing: 11-16 (1) the license holder's name; 11-17 (2) the license number; 11-18 (3) the words "Licensed Professional Geoscientist"; 11-19 and 11-20 (4) the license holder's discipline. 11-21 (b) Geoscientific reports, documents, and other records, as 11-22 defined by the board, that are offered to the public and prepared 11-23 or issued by or under the supervision of a licensed geoscientist 11-24 must include the full name, signature, and license number of the 11-25 license holder who prepared the document or under whose supervision 11-26 it was prepared and an impression of the license holder's seal in 11-27 accordance with rules adopted by the board. 11-28 Sec. 6.15. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED 11-29 LICENSE. The board shall issue a new license to replace a license 11-30 that has been lost, destroyed, or mutilated, subject to the rules 11-31 and fees adopted by the board. 11-32 SUBCHAPTER G. LICENSE RENEWAL 11-33 Sec. 7.01. LICENSE RENEWAL. (a) Not later than the 60th 11-34 day before the date the license expires, the board shall notify a 11-35 license holder of: 11-36 (1) the date the license expires; and 11-37 (2) the amount of the fee required for renewal. 11-38 (b) The board shall renew the license of a license holder 11-39 who before the date the license expires or within a period not to 11-40 exceed 60 days after the expiration date: 11-41 (1) submits the required renewal application and fee 11-42 and a penalty for late renewal if required; and 11-43 (2) meets the requirements for renewal established by 11-44 the board. 11-45 (c) The board by rule may establish conditions and fees for 11-46 the reissuance of a license that has lapsed, expired, or been 11-47 suspended or revoked. 11-48 Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION. As a 11-49 condition for renewal of a license, the board may require each 11-50 license holder to participate in continuing professional education 11-51 on a periodic or other basis. 11-52 SUBCHAPTER H. PUBLIC PRACTICE OF THE GEOSCIENCES 11-53 Sec. 8.01. PUBLIC PRACTICE OF THE GEOSCIENCES BY FIRM OR 11-54 CORPORATION. (a) Except for an engineering firm excluded from the 11-55 application of this Act under Section 1.04 of this Act, a firm or 11-56 corporation may engage in the public practice of the geosciences 11-57 only if: 11-58 (1) the geoscientific work is performed by or under 11-59 the supervision of a geoscientist licensed to practice the 11-60 geosciences who is in responsible charge of the work and who signs 11-61 and seals all documents as required by this Act; or 11-62 (2) the principal business of the firm or corporation 11-63 is the public practice of the geosciences as determined by board 11-64 rule and a principal of the firm or an officer or director of the 11-65 corporation is licensed as a geoscientist and has overall 11-66 supervision and control of the geoscientific work performed in this 11-67 state. 11-68 (b) The board may adopt rules relating to the practice of 11-69 the geosciences by a firm or corporation. Rules adopted under this 12-1 section must recognize that this Act does not apply to a licensed 12-2 professional engineer or engineering firm that performs service or 12-3 work that is both engineering and geoscience. A firm that engages 12-4 in the practice of both engineering and geoscience is exempt from 12-5 any firm registration requirements created under this subsection. 12-6 (c) Except as provided by this section, an individual, firm, 12-7 or corporation may not represent to the public that the individual, 12-8 firm, or corporation is a licensed geoscientist or able to perform 12-9 geoscientific services or prepare a report or other document that 12-10 requires the signature and seal of a license holder under 12-11 Subsection (b) of Section 6.14 of this Act. 12-12 SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY 12-13 ACTIONS AND PROCEDURE 12-14 Sec. 9.01. DENIAL OF LICENSE. (a) The board may deny a 12-15 license: 12-16 (1) to an applicant who fails to satisfy a requirement 12-17 of this Act; or 12-18 (2) on a determination by the board that there is 12-19 probable cause to believe that an applicant has violated: 12-20 (A) this Act; 12-21 (B) a provision of this Act to which a license 12-22 holder would be subject; or 12-23 (C) a comparable provision in the licensing or 12-24 registration law of another state. 12-25 (b) The board may not issue a license pending the 12-26 disposition of a complaint alleging a violation in this or another 12-27 state if the board has notice of the alleged violation. 12-28 (c) The board shall notify an applicant who is denied a 12-29 license of the reason for denial in writing not later than the 30th 12-30 day after the date of the board's decision. Not later than the 12-31 30th day after the date of receipt of the notice, the applicant may 12-32 make a written request for a hearing. In the absence of a request 12-33 for a hearing, the board's action is final. 12-34 Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION. The board may 12-35 impose appropriate sanctions for: 12-36 (1) the practice of fraud or deceit in obtaining a 12-37 license as a geoscientist; 12-38 (2) incompetence, misconduct, fraud, gross negligence, 12-39 or repeated incidents of negligence in the public practice of the 12-40 geosciences; 12-41 (3) conviction of a license holder of a crime 12-42 involving moral turpitude or a felony; 12-43 (4) the imposition of an administrative or civil 12-44 penalty or a criminal fine, or the imprisonment or probation 12-45 instead of a fine, for a misdemeanor relating to or arising out of 12-46 the public practice of the geosciences; 12-47 (5) the issuance of a cease and desist order or a 12-48 similar sanction relating to or arising out of the public practice 12-49 of the geosciences; 12-50 (6) using the seal of another license holder or using 12-51 or allowing the use of the license holder's seal on geoscientific 12-52 work not performed by or under the supervision of the license 12-53 holder; 12-54 (7) aiding or abetting a person in a violation of this 12-55 Act; 12-56 (8) the revocation or suspension of a license, the 12-57 denial of renewal of a license, or other disciplinary action taken 12-58 by a state agency, board of registration, or similar licensing 12-59 agency for geoscientists or a profession or occupation related to 12-60 the public practice of the geosciences; 12-61 (9) practicing or offering to practice geoscience or 12-62 representing to the public that the person or the person's firm or 12-63 corporation is licensed or qualified to practice geoscience if the 12-64 person is not licensed under this Act or the person's firm or 12-65 corporation does not employ a licensed geoscientist as required 12-66 under this Act; or 12-67 (10) violating this Act, a rule adopted under this 12-68 Act, including the code of professional conduct, or a comparable 12-69 provision of the laws or rules regulating the practice of 13-1 geoscience in another state or country. 13-2 Sec. 9.03. DISCIPLINARY ACTIONS. (a) The board may take 13-3 the following disciplinary actions: 13-4 (1) refuse to issue or renew a license; 13-5 (2) permanently revoke a license; 13-6 (3) suspend a license for a specified time, not to 13-7 exceed three years, to take effect immediately notwithstanding an 13-8 appeal if the board determines that the license holder's continued 13-9 practice constitutes an imminent danger to the public health, 13-10 safety, or welfare; 13-11 (4) issue a public or private reprimand to an 13-12 applicant, a license holder, or an individual, firm, or corporation 13-13 practicing geoscience under this Act; 13-14 (5) impose limitations, conditions, or restrictions on 13-15 the practice of an applicant, a license holder, or an individual, 13-16 firm, or corporation practicing geoscience under this Act; 13-17 (6) require that a license holder participate in a 13-18 peer review program under rules adopted by the board; 13-19 (7) require that a license holder obtain remedial 13-20 education and training prescribed by the board; 13-21 (8) impose probation on a license holder requiring 13-22 regular reporting to the board; 13-23 (9) require restitution, in whole or in part, of 13-24 compensation or fees earned by a license holder, individual, firm, 13-25 or corporation practicing geoscience under this Act; 13-26 (10) impose an appropriate administrative penalty for 13-27 a violation of this Act or a rule adopted under this Act on a 13-28 license holder or a person who is not licensed and is not exempt 13-29 from licensure under this Act; or 13-30 (11) issue a cease and desist order. 13-31 (b) The board may not impose a sanction for a ground 13-32 described by Subdivision (8) of Section 9.02 of this Act that 13-33 exceeds in severity or duration the sanction on which the board's 13-34 action is based. 13-35 Sec. 9.04. RIGHT TO HEARING. A person whose license the 13-36 board proposes to suspend or revoke is entitled to a hearing. 13-37 Sec. 9.05. REINSTATEMENT. (a) On application, the board 13-38 may reinstate a license to engage in the public practice of the 13-39 geosciences to a person whose license has been revoked if a 13-40 majority of the entire board votes in favor of the reinstatement. 13-41 (b) As a condition for reinstatement, the board may: 13-42 (1) review the applicant's qualifications and 13-43 experience; 13-44 (2) require continuing professional education; 13-45 (3) conduct a reexamination on a periodic or other 13-46 basis; or 13-47 (4) require other evidence of the competence of the 13-48 applicant. 13-49 SUBCHAPTER J. ADMINISTRATIVE PENALTY 13-50 Sec. 10.01. IMPOSITION OF PENALTY. The board may impose an 13-51 administrative penalty against a person licensed under this Act or 13-52 any other person who violates this Act or a rule or order adopted 13-53 under this Act. 13-54 Sec. 10.02. AMOUNT OF PENALTY. (a) The board may include 13-55 in the amount of the administrative penalty the actual costs of 13-56 investigating and prosecuting the violation. 13-57 (b) The amount of the penalty may not exceed $3,000 for each 13-58 violation. Each day a violation continues or occurs is a separate 13-59 violation for purposes of imposing a penalty. 13-60 (c) The amount of the penalty shall be based on: 13-61 (1) the seriousness of the violation, including: 13-62 (A) the nature, circumstances, extent, and 13-63 gravity of any prohibited acts; and 13-64 (B) the hazard or potential hazard created to 13-65 the health, safety, or economic welfare of the public; 13-66 (2) the economic harm to property or the environment 13-67 caused by the violation; 13-68 (3) the history of previous violations; 13-69 (4) the amount necessary to deter a future violation; 14-1 (5) efforts or resistance to efforts to correct the 14-2 violation; and 14-3 (6) any other matter that justice may require. 14-4 Sec. 10.03. PROCEDURAL RULES. (a) The board shall adopt 14-5 rules of procedure for the imposition of an administrative penalty. 14-6 (b) Rules adopted under this section must conform to the 14-7 requirements of Chapter 2001, Government Code. 14-8 Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL. 14-9 (a) Not later than the 30th day after the date the board's order 14-10 becomes final, the person shall: 14-11 (1) pay the penalty; 14-12 (2) pay the penalty and file a petition for judicial 14-13 review contesting the occurrence of the violation, the amount of 14-14 the penalty, or both; or 14-15 (3) without paying the penalty, file a petition for 14-16 judicial review contesting the occurrence of the violation, the 14-17 amount of the penalty, or both. 14-18 (b) Within the 30-day period, a person who acts under 14-19 Subdivision (3) of Subsection (a) of this section may: 14-20 (1) stay enforcement of the penalty by: 14-21 (A) paying the penalty to the court for 14-22 placement in an escrow account; or 14-23 (B) giving to the court a supersedeas bond 14-24 approved by the court for the amount of the penalty that is 14-25 effective until all judicial review of the board's order is final; 14-26 or 14-27 (2) request the court to stay enforcement of the 14-28 penalty by: 14-29 (A) filing with the court a sworn affidavit of 14-30 the person stating that the person is financially unable to pay the 14-31 penalty and is financially unable to give the supersedeas bond; and 14-32 (B) giving a copy of the affidavit to the 14-33 executive director by certified mail. 14-34 (c) On receipt of a copy of an affidavit under Subdivision 14-35 (2) of Subsection (b) of this section, the executive director may 14-36 file with the court, not later than the fifth day after the date 14-37 the copy is received, a contest to the affidavit. The court shall 14-38 hold a hearing on the facts alleged in the affidavit as soon as 14-39 practicable and shall stay the enforcement of the penalty on 14-40 finding that the alleged facts are true. The person who files an 14-41 affidavit has the burden of proving that the person is financially 14-42 unable to pay the penalty and to give a supersedeas bond. 14-43 Sec. 10.05. COLLECTION OF PENALTY. If the person does not 14-44 pay the penalty and the enforcement of the penalty is not stayed, 14-45 the executive director may refer the matter to the attorney general 14-46 for collection of the penalty. 14-47 Sec. 10.06. STANDARD OF JUDICIAL REVIEW. The order of the 14-48 board is subject to judicial review under the substantial evidence 14-49 rule. 14-50 Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST. (a) If the 14-51 court sustains the occurrence of the violation, the court may 14-52 uphold or reduce the amount of the penalty and order the person to 14-53 pay the full or reduced penalty. If the court does not sustain the 14-54 occurrence of the violation, the court shall order that no penalty 14-55 is owed. 14-56 (b) If after judicial review the administrative penalty is 14-57 reduced or not imposed by the court, the court shall, after the 14-58 judgment becomes final: 14-59 (1) order that the appropriate amount, plus accrued 14-60 interest, be remitted to the person if the person paid the penalty; 14-61 or 14-62 (2) order the release of the bond if the penalty is 14-63 not imposed or order the release of the bond after the person pays 14-64 the penalty if the person posted a supersedeas bond. 14-65 (c) The interest paid under Subdivision (1) of Subsection 14-66 (b) of this section is the rate charged on loans to depository 14-67 institutions by the New York Federal Reserve Bank. The interest 14-68 shall be paid for the period beginning on the date the penalty is 14-69 paid and ending on the date the penalty is remitted. 15-1 SUBCHAPTER K. CRIMINAL PENALTY 15-2 Sec. 11.01. CRIMINAL PENALTY. (a) A person commits an 15-3 offense if the person: 15-4 (1) practices or offers to practice the geosciences in 15-5 this state without being licensed or exempted from licensure under 15-6 this Act; 15-7 (2) presents or attempts to use the license or the 15-8 seal of another; 15-9 (3) gives false or forged evidence to the board or to 15-10 a member of the board in obtaining a license; or 15-11 (4) otherwise violates this Act. 15-12 (b) An offense under Subsection (a) of this section is a 15-13 Class A misdemeanor. 15-14 SUBCHAPTER L. OTHER ENFORCEMENT PROVISIONS 15-15 Sec. 12.01. INJUNCTION. The board may seek an injunction 15-16 against a violation of this Act or a rule adopted under this Act. 15-17 SUBCHAPTER M. TRANSITION 15-18 Sec. 13.01. TRANSITION. (a) An applicant who applies for a 15-19 license under this Act before September 1, 2000, may be qualified 15-20 for licensure without passing the written examination described by 15-21 Subdivision (4) of Section 6.05 if the applicant fulfills the 15-22 requirements of Subdivisions (1), (2), (3), and (5) of Section 6.05 15-23 of this Act. 15-24 (b) An initial member of the board who is required to be a 15-25 licensed geoscientist must be qualified for licensure under 15-26 Subsection (a) of this section. 15-27 (c) The governor shall make the initial appointments to the 15-28 board before November 1, 1999, as follows: 15-29 (1) three members for terms expiring in 2001; 15-30 (2) three members for terms expiring in 2003; and 15-31 (3) three members for terms expiring in 2005. 15-32 (d) The board shall hold its first meeting before January 1, 15-33 2000. The board shall adopt rules under this Act not later than 15-34 November 30, 2000. 15-35 (e) A person is not required to obtain a license under this 15-36 Act until January 1, 2001. 15-37 SECTION 2. EFFECTIVE DATE. This Act takes effect September 15-38 1, 1999, except that Section 6.01 and Subchapters J and K, Texas 15-39 Geoscience Practice Act, as adopted by this Act, take effect 15-40 January 1, 2001. 15-41 SECTION 3. EMERGENCY. The importance of this legislation 15-42 and the crowded condition of the calendars in both houses create an 15-43 emergency and an imperative public necessity that the 15-44 constitutional rule requiring bills to be read on three several 15-45 days in each house be suspended, and this rule is hereby suspended. 15-46 * * * * *