By: Brown, Wentworth S.B. No. 405
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of professional geoscientists; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT. The
1-6 Texas Geoscience Practice Act is adopted to read as follows:
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 1.01. SHORT TITLE. This Act may be cited as the Texas
1-9 Geoscience Practice Act.
1-10 Sec. 1.02. DEFINITIONS. In this Act:
1-11 (1) "Board" means the Texas Board of Professional
1-12 Geoscientists.
1-13 (2) "Certified geoscientist" means a geoscientist who
1-14 has been certified in a discipline of geoscience by a professional
1-15 organization, society, or association that maintains a
1-16 certification program.
1-17 (3) "Geoscience" means the science of the earth and
1-18 its origin and history, the investigation of the earth's
1-19 environment and its constituent soils, rocks, minerals, fossil
1-20 fuels, solids, and fluids, and the study of the natural and
1-21 introduced agents, forces, and processes that cause changes in and
1-22 on the earth.
1-23 (4) "Geoscientist" means a person qualified to engage
1-24 in the public practice of geoscience because of the person's
1-25 knowledge, acquired through education and practical experience, of
2-1 geoscience, mathematics, and the supporting physical, chemical,
2-2 mineralogical, morphological, and life sciences.
2-3 (5) "Licensed geoscientist" means a person who holds a
2-4 license issued by the board under this Act.
2-5 (6) "Practice for the public":
2-6 (A) means providing professional geoscientific
2-7 services:
2-8 (i) for a governmental entity in this
2-9 state;
2-10 (ii) to comply with a rule established by
2-11 this state or a political subdivision of this state; or
2-12 (iii) for the public or a firm or
2-13 corporation in this state if the practitioner assumes the ultimate
2-14 liability for the work product; and
2-15 (B) does not include services provided for the
2-16 express use of a firm or corporation by an employee or consultant
2-17 if the firm or corporation assumes the ultimate liability for the
2-18 work product.
2-19 (7) "Public practice of geoscience" means the practice
2-20 for the public of geoscientific services or work, including
2-21 consulting, investigating, evaluating, analyzing, planning,
2-22 mapping, and inspecting geoscientific work and the responsible
2-23 supervision of those tasks.
2-24 (8) "Responsible charge" means the independent control
2-25 and direction of geoscientific work or the supervision of
2-26 geoscientific work by the use of initiative, skill, and independent
3-1 judgment.
3-2 Sec. 1.03. APPLICATION OF SUNSET ACT. The Texas Board of
3-3 Professional Geoscientists is subject to Chapter 325, Government
3-4 Code (Texas Sunset Act). Unless continued in existence as provided
3-5 by that chapter, the board is abolished and this Act expires
3-6 September 1, 2013.
3-7 Sec. 1.04. APPLICATION OF ACT. (a) In this section:
3-8 (1) "Driller" and "licensed driller" have the meanings
3-9 assigned those terms by Section 32.001, Water Code.
3-10 (2) "Installer" and "licensed installer" have the
3-11 meanings assigned those terms by Section 33.001, Water Code.
3-12 (3) "Licensed engineer" and "practice of engineering"
3-13 have the meanings assigned those terms by Section 2, The Texas
3-14 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
3-15 Statutes).
3-16 (4) "Professional surveying" has the meaning assigned
3-17 by Section 2, Professional Land Surveying Practices Act (Article
3-18 5282c, Vernon's Texas Civil Statutes).
3-19 (b) This Act does not authorize the practice of professional
3-20 surveying by a licensed geoscientist. This Act does not apply to a
3-21 qualified and registered surveyor who confines the surveyor's
3-22 practice to acts of surveying allowed under the Professional Land
3-23 Surveying Practices Act (Article 5282c, Vernon's Texas Civil
3-24 Statutes).
3-25 (c) This Act does not authorize the practice of engineering
3-26 by a licensed geoscientist.
4-1 (d) This Act does not require a licensed engineer, or a
4-2 person acting under the supervision of a licensed engineer, who
4-3 performs service or work that is both engineering and geoscience to
4-4 be licensed as a geoscientist or to work under the supervision of a
4-5 licensed geoscientist.
4-6 (e) A recommendation, design, analysis, redesign, or review
4-7 and evaluation, the supervision, or a summary analysis of an
4-8 engineered structure or work, the performance of which requires
4-9 engineering education, training, and experience in the application
4-10 of special knowledge of mathematical, physical, and engineering
4-11 sciences, is engineering and is subject to The Texas Engineering
4-12 Practice Act (Article 3271a, Vernon's Texas Civil Statutes).
4-13 (f) This Act does not permit a licensed geoscientist to
4-14 perform an engineering analysis supporting an engineering design
4-15 unless the action is under the supervision of a licensed engineer.
4-16 (g) This Act does not permit a licensed geoscientist to
4-17 provide construction quality control and evaluation, to perform
4-18 materials engineering and testing, or to design, develop, or
4-19 perform engineering review and evaluation of engineering plans and
4-20 engineering specifications for an engineered structure or work
4-21 unless the action is under the supervision of a licensed engineer.
4-22 (h) With regard to an environmental and pollution
4-23 remediation project, this Act:
4-24 (1) permits the characterization, study, appraisal,
4-25 investigation, analysis, and geoscientific review and evaluation of
4-26 and the making of recommendations regarding the geoscientific
5-1 components of the project by a licensed geoscientist; and
5-2 (2) does not permit the design, development, or
5-3 performance of engineering review and evaluation of a component of
5-4 the project consisting of an engineered structure, work, or process
5-5 or a related constructed improvement by a licensed geoscientist.
5-6 (i) With regard to a geoscientific investigation of
5-7 geological conditions affecting an engineered structure, work, or
5-8 process, this Act:
5-9 (1) permits the characterization, study, appraisal,
5-10 investigation, analysis, and geoscientific review and evaluation of
5-11 and the making of recommendations regarding the geoscientific
5-12 components of the engineered structure, work, or process by a
5-13 licensed geoscientist; and
5-14 (2) does not permit the design, development, or
5-15 performance of engineering review and evaluation of the engineered
5-16 structure, work, or process or a related constructed improvement by
5-17 a licensed geoscientist.
5-18 (j) The board and the Texas Board of Professional Engineers
5-19 by rule, memorandum of understanding, or other appropriate
5-20 procedure or document shall jointly resolve any conflict between
5-21 this Act or a rule adopted under this Act and The Texas Engineering
5-22 Practice Act (Article 3271a, Vernon's Texas Civil Statutes) or a
5-23 rule adopted under that Act.
5-24 (k) This Act does not authorize a licensed geoscientist to
5-25 act as or offer to perform services as a driller or installer.
5-26 This Act does not apply to a licensed driller or licensed installer
6-1 who confines the driller's or installer's activities to activities
6-2 regulated under Chapter 32 or 33, Water Code, respectively.
6-3 (l) The board and the commissioner of licensing and
6-4 regulation by rule, memorandum of understanding, or other
6-5 appropriate procedure or document shall jointly resolve any
6-6 conflict between this Act or a rule adopted under this Act and
6-7 Chapter 51, Occupations Code, or Chapter 32 or 33, Water Code, or a
6-8 rule adopted under one of those chapters.
6-9 SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
6-10 Sec. 2.01. BOARD MEMBERSHIP. (a) The Texas Board of
6-11 Professional Geoscientists shall administer this Act.
6-12 (b) The board is composed of nine members appointed by the
6-13 governor with the advice and consent of the senate.
6-14 (c) Six members of the board must be licensed geoscientists.
6-15 (d) Three members of the board must be members of the
6-16 public.
6-17 (e) Appointments to the board shall be made without regard
6-18 to the race, color, disability, sex, religion, age, or national
6-19 origin of the appointees.
6-20 Sec. 2.02. MEMBER ELIGIBILITY. (a) A member of the board
6-21 must:
6-22 (1) be a citizen of the United States;
6-23 (2) have been a resident of this state for at least
6-24 the three years preceding appointment; and
6-25 (3) be at least 25 years of age.
6-26 (b) A person is not eligible for appointment as a public
7-1 member of the board if the person or the person's spouse:
7-2 (1) is registered, certified, or licensed by an
7-3 occupational regulatory agency in a discipline of geoscience;
7-4 (2) is employed by or participates in the management
7-5 of a business entity or other organization regulated by or
7-6 receiving money from the board;
7-7 (3) owns or controls, directly or indirectly, more
7-8 than a 10 percent interest in a business entity or other
7-9 organization regulated by or receiving money from the board; or
7-10 (4) uses or receives a substantial amount of tangible
7-11 goods, services, or money from the board other than compensation or
7-12 reimbursement authorized by law for board membership, attendance,
7-13 or expenses.
7-14 Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
7-15 this section, "society or trade association" means a nonprofit,
7-16 cooperative, and voluntarily joined association of business or
7-17 professional competitors designed to assist its members and its
7-18 industry or profession in dealing with mutual business or
7-19 professional problems and in promoting their common interest.
7-20 (b) A person may not be a member of the board and may not be
7-21 a board employee employed in a "bona fide executive,
7-22 administrative, or professional capacity," as that phrase is used
7-23 in Section 13, Fair Labor Standards Act of 1938 (29 U.S.C. Section
7-24 213), and its subsequent amendments, if:
7-25 (1) the person is an officer, employee, or paid
7-26 consultant of a society or trade association in a discipline of
8-1 geoscience; or
8-2 (2) the person's spouse is an officer, manager, or
8-3 paid consultant of a society or trade association in a discipline
8-4 of geoscience.
8-5 (c) A person may not be a member of the board or act as the
8-6 general counsel to the board if the person is required to register
8-7 as a lobbyist under Chapter 305, Government Code, because of the
8-8 person's activities for compensation on behalf of a profession
8-9 related to the operation of the board.
8-10 Sec. 2.04. TERMS. (a) Members of the board serve staggered
8-11 six-year terms, with the terms of three members expiring February 1
8-12 of each odd-numbered year.
8-13 (b) A member of the board may not serve more than two
8-14 consecutive full terms.
8-15 Sec. 2.05. GROUNDS FOR REMOVAL. (a) It is a ground for
8-16 removal from the board that a member:
8-17 (1) is no longer qualified for appointment to the
8-18 board;
8-19 (2) engages in misconduct, is determined to be
8-20 incompetent, neglects the member's official duties, or engages in
8-21 malfeasance;
8-22 (3) commits a violation of this Act resulting in
8-23 disciplinary action or a felony; or
8-24 (4) fails without excuse to attend at least half of
8-25 the regularly scheduled meetings held in a calendar year while the
8-26 member is a member of the board.
9-1 (b) The validity of an action of the board is not affected
9-2 by the fact that it is taken when a ground for removal of a board
9-3 member exists.
9-4 (c) If the executive director has knowledge that a potential
9-5 ground for removal exists, the executive director shall notify the
9-6 presiding officer of the board of the potential ground. The
9-7 presiding officer shall then notify the governor and the attorney
9-8 general that a potential ground for removal exists. If the
9-9 potential ground for removal involves the presiding officer, the
9-10 executive director shall notify the assistant presiding officer,
9-11 who shall then notify the governor and the attorney general that a
9-12 potential ground for removal exists.
9-13 Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of
9-14 the board is entitled to reimbursement for the travel expenses
9-15 incurred by the member while conducting the business of the board,
9-16 as provided by the General Appropriations Act.
9-17 Sec. 2.07. OFFICERS. (a) The board shall elect biennially
9-18 from its own membership a presiding officer, assistant presiding
9-19 officer, and secretary-treasurer. A member may not hold one of
9-20 those positions for more than two consecutive two-year periods. A
9-21 member serves in the position at the will of the board and may be
9-22 removed from the position by a two-thirds majority vote of the
9-23 board.
9-24 (b) The board may appoint an assistant secretary and other
9-25 assistants who are not members of the board to assist the board and
9-26 exercise its authority in carrying out the board's powers and
10-1 duties.
10-2 Sec. 2.08. OFFICE. The board shall maintain its office in
10-3 Austin.
10-4 Sec. 2.09. MEETINGS. The board shall hold at least two
10-5 regular meetings in each calendar year. A special meeting may be
10-6 held at a time permitted by board rule.
10-7 Sec. 2.10. TRAINING. (a) A person who is appointed to and
10-8 qualifies for office as a member of the board may not vote,
10-9 deliberate, or be counted as a member in attendance at a meeting of
10-10 the board until the person completes a training program that
10-11 complies with this section.
10-12 (b) The training program must provide the person with
10-13 information regarding:
10-14 (1) the legislation that created the board;
10-15 (2) the programs operated by the board;
10-16 (3) the role and functions of the board;
10-17 (4) the rules of the board, with an emphasis on the
10-18 rules that relate to disciplinary and investigative authority;
10-19 (5) the current budget for the board;
10-20 (6) the results of the most recent formal audit of the
10-21 board;
10-22 (7) the requirements of:
10-23 (A) the open meetings law, Chapter 551,
10-24 Government Code;
10-25 (B) the public information law, Chapter 552,
10-26 Government Code;
11-1 (C) the administrative procedure law, Chapter
11-2 2001, Government Code; and
11-3 (D) other laws relating to public officials,
11-4 including conflict-of-interest laws; and
11-5 (8) any applicable ethics policies adopted by the
11-6 board or the Texas Ethics Commission.
11-7 (c) A person appointed to the board is entitled to
11-8 reimbursement, as provided by the General Appropriations Act, for
11-9 the travel expenses incurred in attending the training program
11-10 regardless of whether the attendance at the program occurs before
11-11 or after the person qualifies for office.
11-12 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
11-13 Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an
11-14 executive director, who shall be responsible for managing the
11-15 day-to-day affairs of the board, including:
11-16 (1) arranging for and supervising the necessary
11-17 support, secretarial, and clerical services;
11-18 (2) obtaining space for holding examinations,
11-19 meetings, and conferences;
11-20 (3) printing or purchasing examinations;
11-21 (4) printing and mailing forms, information, and
11-22 licenses;
11-23 (5) sending notices, collecting fees, and issuing
11-24 receipts;
11-25 (6) conducting the correspondence of the board,
11-26 including replying to routine requests for information;
12-1 (7) maintaining the minutes and records of the board;
12-2 (8) keeping records of receipts and disbursements; and
12-3 (9) providing necessary investigative services.
12-4 Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT. (a) The
12-5 executive director shall receive, administer, and account for all
12-6 money received under this Act and shall transfer the money to the
12-7 comptroller.
12-8 (b) All money paid to the board under this Act shall be
12-9 deposited to the credit of the professional geoscientists' fund
12-10 account in the general revenue fund. The account shall be
12-11 maintained in accordance with the accounting procedures of, and is
12-12 subject to audit by, the comptroller. Interest earned on money
12-13 deposited to the credit of the account shall be credited to the
12-14 account. The account is exempt from the application of Section
12-15 403.095, Government Code.
12-16 (c) Money in the account may be used only to pay the
12-17 expenses incurred by the board in the administration and
12-18 enforcement of this Act.
12-19 Sec. 3.03. DIVISION OF RESPONSIBILITIES. The board shall
12-20 develop and implement policies that clearly separate the
12-21 policymaking responsibilities of the board and the management
12-22 responsibilities of the executive director and the staff of the
12-23 board.
12-24 Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT
12-25 INFORMATION. The executive director or the executive director's
12-26 designee shall provide to members of the board and to board
13-1 employees, as often as necessary, information regarding the
13-2 requirements for office or employment under this Act, including
13-3 information regarding a person's responsibilities under applicable
13-4 laws relating to standards of conduct for state officers or
13-5 employees.
13-6 Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
13-7 (a) The executive director or the executive director's designee
13-8 shall develop an intra-agency career ladder program that addresses
13-9 opportunities for mobility and advancement of employees within the
13-10 board. The program must require intra-agency posting of all
13-11 positions concurrently with any public posting.
13-12 (b) The executive director or the executive director's
13-13 designee shall develop a system of annual performance evaluations
13-14 based on documented employee performance. All decisions regarding
13-15 merit pay for a board employee must be based on that system.
13-16 Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
13-17 executive director or the executive director's designee shall
13-18 prepare and maintain a written policy statement that implements a
13-19 program of equal employment opportunity to ensure that all
13-20 personnel decisions are made without regard to race, color,
13-21 disability, sex, religion, age, or national origin.
13-22 (b) The policy statement must include:
13-23 (1) personnel policies, including policies relating to
13-24 recruitment, evaluation, selection, training, and promotion of
13-25 personnel, that show the intent of the board to avoid the unlawful
13-26 employment practices described by Chapter 21, Labor Code; and
14-1 (2) an analysis of the extent to which the composition
14-2 of the board's personnel is in accordance with state and federal
14-3 law and a description of reasonable methods to achieve compliance
14-4 with state and federal law.
14-5 (c) The policy statement must be:
14-6 (1) updated annually;
14-7 (2) reviewed by the Commission on Human Rights for
14-8 compliance with Subsection (b)(1) of this section; and
14-9 (3) filed with the governor.
14-10 SUBCHAPTER D. BOARD POWERS AND DUTIES
14-11 Sec. 4.01. GENERAL RULEMAKING AUTHORITY. The board shall
14-12 adopt and enforce rules consistent with this Act and necessary for
14-13 the performance of its duties.
14-14 Sec. 4.02. FEES. The board may set reasonable and necessary
14-15 fees to be charged applicants and license holders under this Act,
14-16 including fees for application, examination, licensure, and renewal
14-17 of a license. The board shall base a fee for examination in a
14-18 discipline of geoscience on the costs associated with preparing,
14-19 administering, and grading that examination.
14-20 Sec. 4.03. CODE OF PROFESSIONAL CONDUCT. (a) The board by
14-21 rule shall adopt a code of professional conduct that is binding on
14-22 all license holders under this Act.
14-23 (b) The board may enforce the code by imposing sanctions as
14-24 provided by this Act.
14-25 Sec. 4.04. ENFORCEMENT; REFERRAL OF COMPLAINTS AND
14-26 INVESTIGATIONS. (a) The board shall enforce this Act. Any member
15-1 of the board may present to a prosecuting officer a complaint
15-2 relating to a violation of this Act. The board through its
15-3 members, officers, counsel, or agents may assist in the trial of a
15-4 case involving the violation of this Act, subject to the control of
15-5 the prosecuting officer.
15-6 (b) Notwithstanding Subsection (a) of this section, the
15-7 board shall refer a complaint or investigation involving the
15-8 unlicensed practice of geoscience by a person who is licensed as an
15-9 engineer, surveyor, driller, installer, or member of another
15-10 similar profession to the agency that issued the license to the
15-11 person.
15-12 (c) The board may administer oaths and affirmations and
15-13 issue subpoenas to compel the attendance of witnesses and the
15-14 production of evidence.
15-15 (d) The attorney general shall act as legal advisor to the
15-16 board and shall provide legal assistance as necessary in enforcing
15-17 this Act.
15-18 Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS. (a) The
15-19 board by rule may recognize the use of the designations used by a
15-20 professional organization, society, or association that maintains a
15-21 certification program in a discipline of geoscience if:
15-22 (1) the requirements for that certification are
15-23 acceptable to the board;
15-24 (2) the full name or recognized abbreviation of the
15-25 organization, society, or association granting the certification is
15-26 stated following or in conjunction with the use of the designation
16-1 or abbreviation; and
16-2 (3) the designation or abbreviation is not used in a
16-3 manner that is misleading or that creates an impression that the
16-4 person is licensed to practice geoscience for the public unless the
16-5 person is licensed under this Act.
16-6 (b) The board by rule shall recognize the title "geological
16-7 engineer," "geotechnical engineer," "hydraulic engineer," or
16-8 "agricultural engineer" or another legitimate engineering title as
16-9 a legitimate engineering title separate from geoscience, the use of
16-10 which requires licensure as a professional engineer.
16-11 Sec. 4.06. ESTABLISHMENT OF DISCIPLINES. The board by rule
16-12 shall establish the disciplines of geoscience in which a person may
16-13 be licensed and the requirements for eligibility for a license in
16-14 each discipline.
16-15 Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The
16-16 board may enter into agreements with licensing or registration
16-17 boards in other states and other appropriate organizations,
16-18 societies, associations, and agencies to develop uniform standards
16-19 for:
16-20 (1) the licensing or registration of geoscientists;
16-21 (2) accrediting educational programs;
16-22 (3) establishing reciprocal and temporary licenses;
16-23 (4) developing regional or national examinations;
16-24 (5) evaluating applicants; or
16-25 (6) other purposes consistent with this Act.
16-26 Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In
17-1 administering this Act, the board may:
17-2 (1) appoint committees;
17-3 (2) employ personnel, contractors, and consultants;
17-4 (3) lease or purchase furnishings, equipment, and
17-5 supplies;
17-6 (4) lease office space; and
17-7 (5) incur other similar expenses.
17-8 Sec. 4.09. ROSTER OF LICENSE HOLDERS. (a) The board shall
17-9 maintain a roster stating the name, discipline of geoscience, and
17-10 place of business of each licensed geoscientist.
17-11 (b) The board shall maintain copies of the roster and shall
17-12 provide a copy on request to a state agency, a county or municipal
17-13 clerk or building official, or a license holder. The board may
17-14 charge a license holder a reasonable fee set by the board for
17-15 providing the copy.
17-16 (c) The board shall provide a copy of the roster to another
17-17 person on written request, subject to payment of a reasonable fee
17-18 set by the board.
17-19 Sec. 4.10. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE
17-20 REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENTS EXIST. The
17-21 board shall maintain a list of each state, territory, or possession
17-22 of the United States, the District of Columbia, or foreign country
17-23 in which the requirements and qualifications for licensure or
17-24 registration are comparable to those established in this state and
17-25 with which a reciprocity agreement exists.
18-1 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
18-2 Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall:
18-3 (1) prepare information of public interest describing:
18-4 (A) the regulatory functions of the board; and
18-5 (B) the board's procedures by which complaints
18-6 are filed with and resolved by the board; and
18-7 (2) make the information available to the public and
18-8 appropriate state agencies.
18-9 Sec. 5.02. COMPLAINTS. (a) A person may file a complaint
18-10 alleging a violation of this Act or a rule adopted under this Act.
18-11 (b) A complaint must be:
18-12 (1) in writing;
18-13 (2) sworn to by the person making the complaint; and
18-14 (3) filed with the secretary-treasurer.
18-15 Sec. 5.03. RECORDS OF COMPLAINTS. (a) The board shall
18-16 maintain a file on each complaint filed with the board. The file
18-17 must include:
18-18 (1) the name of the person who filed the complaint;
18-19 (2) the date the complaint is received by the board;
18-20 (3) the subject matter of the complaint;
18-21 (4) the name of each person contacted in relation to
18-22 the complaint;
18-23 (5) a summary of the results of the review or
18-24 investigation of the complaint; and
18-25 (6) an explanation of the reason the file was closed,
18-26 if the board closed the file without taking action other than to
19-1 investigate the complaint.
19-2 (b) The board, at least quarterly until final disposition of
19-3 the complaint, shall notify the person filing the complaint and
19-4 each person who is a subject of the complaint of the status of the
19-5 investigation unless the notice would jeopardize an undercover
19-6 investigation.
19-7 Sec. 5.04. COMPLAINT INVESTIGATION AND DISPOSITION.
19-8 (a) The board shall provide to the person filing the complaint and
19-9 to each person who is a subject of the complaint a copy of the
19-10 board's policies and procedures relating to complaint investigation
19-11 and resolution.
19-12 (b) The board shall investigate all complaints brought to
19-13 its attention and may employ investigators, expert witnesses, and
19-14 hearing officers, appoint advisory committees, and conduct hearings
19-15 to determine whether disciplinary or other action should be taken.
19-16 Sec. 5.05. PUBLIC PARTICIPATION. The board shall develop
19-17 and implement policies that provide the public with a reasonable
19-18 opportunity to appear before the board and to speak on any issue
19-19 under the jurisdiction of the board.
19-20 SUBCHAPTER F. LICENSE REQUIREMENTS
19-21 Sec. 6.01. LICENSE REQUIRED. (a) Unless exempted by this
19-22 Act, a person may not engage in the public practice of geoscience
19-23 unless the person holds a license issued under this Act.
19-24 (b) Unless the person is licensed under this Act, a person
19-25 may not:
19-26 (1) use the term "Licensed Professional Geoscientist"
20-1 or the initials "P.G." as part of a professional, business, or
20-2 commercial identification or title; or
20-3 (2) otherwise represent to the public that the person
20-4 is qualified to:
20-5 (A) practice as a geoscientist; or
20-6 (B) engage in the public practice of geoscience.
20-7 (c) A person may not take responsible charge of a
20-8 geoscientific report or a geoscientific portion of a report
20-9 required by municipal or county ordinance, state or federal law,
20-10 state agency rule, or federal regulation that incorporates or is
20-11 based on a geoscientific study or geoscientific data unless the
20-12 person is licensed under this Act.
20-13 Sec. 6.02. EXEMPTIONS. The following activities do not
20-14 require a license under this Act:
20-15 (1) geoscientific work performed by an employee or a
20-16 subordinate of a license holder under this Act if the work does not
20-17 include the responsible charge of geoscientific work and is
20-18 performed under the direct supervision of a licensed geoscientist
20-19 who is responsible for the work;
20-20 (2) geoscientific work performed by an officer or
20-21 employee of the United States practicing solely as such an officer
20-22 or employee;
20-23 (3) geoscientific work performed exclusively in
20-24 exploring for and developing oil, gas, or other energy resources,
20-25 base metals, or precious or nonprecious minerals, including sand,
20-26 gravel, or aggregate, if the work is done in and for the benefit of
21-1 private industry;
21-2 (4) geoscientific research conducted through an
21-3 academic institution, local, state, or federal governmental agency,
21-4 nonprofit research institution, or for-profit organization,
21-5 including submission of a report on the research to a public
21-6 agency, unless the work is covered by Section 6.01(c) of this Act;
21-7 (5) teaching geoscience or a related physical or
21-8 natural science;
21-9 (6) work customarily performed by a cartographer,
21-10 technician, or physical or natural scientist, including a
21-11 geologist, geophysicist, soil scientist, chemist, archaeologist,
21-12 geographer, or oceanographer, if the work does not include the
21-13 public practice of geoscience;
21-14 (7) work performed by an archaeologist, geoscientist,
21-15 or other person conducting a stratigraphic or historical geological
21-16 investigation for archaeological purposes;
21-17 (8) testifying or preparing and presenting an exhibit
21-18 or document for the sole purpose of being placed in evidence before
21-19 an administrative or judicial tribunal or hearing if the testimony,
21-20 exhibit, or document does not imply that the person is licensed
21-21 under this Act;
21-22 (9) the evaluation by a state agency, as defined by
21-23 Section 2001.003, Government Code, or by a hearing examiner of an
21-24 exhibit or document offered or placed in evidence before an
21-25 administrative tribunal; or
21-26 (10) the determination of the suitability of a site
22-1 for a specific on-site sewage disposal system by a person who has
22-2 successfully completed site evaluation training approved by the
22-3 Texas Natural Resource Conservation Commission and is:
22-4 (A) registered by the commission as:
22-5 (i) an installer, if the commission
22-6 recognizes only one level of installer; or
22-7 (ii) the highest level of installer
22-8 recognized by the commission, if the commission recognizes more
22-9 than one level of installer;
22-10 (B) a designated representative; or
22-11 (C) a registered professional sanitarian.
22-12 Sec. 6.03. LICENSE APPLICATION. (a) An applicant for a
22-13 license under this Act, including an applicant for a temporary or
22-14 reciprocal license, must apply on a form prescribed by the board
22-15 that is signed and sworn to by the applicant before a notary
22-16 public.
22-17 (b) The application must include:
22-18 (1) information concerning the applicant's education;
22-19 (2) a detailed summary of the applicant's relevant
22-20 work experience; and
22-21 (3) a signed statement that the applicant has read and
22-22 will comply with the code of professional conduct adopted under
22-23 this Act.
22-24 (c) The application must be accompanied by:
22-25 (1) not fewer than five reference letters, of which
22-26 not fewer than three are from geoscientists, or other professionals
23-1 acceptable to the board, who have personal knowledge of the
23-2 applicant's relevant work experience; and
23-3 (2) the appropriate application fee.
23-4 Sec. 6.04. EXAMINATIONS. (a) The board may prepare,
23-5 administer, and grade oral and written examinations required or
23-6 permitted under this Act.
23-7 (b) The board may adopt or recognize, in whole or in part,
23-8 an examination prepared, administered, or graded by another
23-9 organization, on a regional or national basis, that the board
23-10 determines appropriate to measure the qualifications of an
23-11 applicant for a license under this Act if:
23-12 (1) the examination questions, the correct answers,
23-13 and the applicant's completed examination are available to the
23-14 board; and
23-15 (2) the board retains the authority to determine a
23-16 passing grade for a license in this state.
23-17 Sec. 6.05. LICENSE ELIGIBILITY. (a) To be eligible for a
23-18 license under this Act, an applicant must:
23-19 (1) be of good moral and ethical character as attested
23-20 to by letters of reference submitted in behalf of the applicant or
23-21 as otherwise determined by the board;
23-22 (2) have:
23-23 (A) graduated from a course of study in a
23-24 discipline of geoscience satisfactory to the board that consists of
23-25 at least four years of study and includes at least 30 semester
23-26 hours or 45 quarter hours of credit in geoscience, of which at
24-1 least 20 semester hours or 30 quarter hours of credit must be in
24-2 upper-level college courses in that discipline; or
24-3 (B) satisfactorily completed other equivalent
24-4 educational requirements as determined by the board;
24-5 (3) have a documented record of at least five years of
24-6 qualifying work experience, as provided by Section 6.06 of this
24-7 Act, that demonstrates that the applicant is qualified to assume
24-8 responsible charge of geoscientific work;
24-9 (4) pass an examination required by the board covering
24-10 the fundamentals and practice of the appropriate discipline of
24-11 geoscience; and
24-12 (5) meet any other requirements established by the
24-13 board.
24-14 (b) The board may accept qualifying work experience in lieu
24-15 of the education required by Subsection (a)(2) of this section.
24-16 Sec. 6.06. QUALIFYING WORK EXPERIENCE. (a) The board shall
24-17 apply the following standards in evaluating the work experience of
24-18 an applicant for a license under Section 6.05 of this Act:
24-19 (1) each year of work experience acceptable to the
24-20 board constitutes one year of qualifying work experience if the
24-21 experience was acquired under the direct supervision of:
24-22 (A) a geoscientist who is licensed in this state
24-23 or in another state under requirements for licensure or
24-24 registration that are comparable to those in this Act;
24-25 (B) a geoscientist who meets the educational and
24-26 work experience requirements for licensure but is not required to
25-1 be licensed under this Act; or
25-2 (C) another professional acceptable to the
25-3 board;
25-4 (2) each year of work experience acceptable to the
25-5 board and acquired before September 1, 2003, constitutes one year
25-6 of qualifying work experience if the experience:
25-7 (A) was acquired under the direct supervision
25-8 of:
25-9 (i) a geoscientist who meets the
25-10 educational and work experience requirements for a license under
25-11 this Act;
25-12 (ii) a geoscientist who is licensed or
25-13 registered under comparable requirements in another state; or
25-14 (iii) another professional acceptable to
25-15 the board; or
25-16 (B) would constitute the responsible charge of
25-17 professional geoscientific work as determined by the board; and
25-18 (3) each year of full-time graduate study in a
25-19 discipline of geoscience that is acceptable to the board
25-20 constitutes one year of qualifying work experience.
25-21 (b) The board may accept research in or the teaching of a
25-22 discipline of geoscience at the college or university level as
25-23 qualifying work experience if the research or teaching, in the
25-24 judgment of the board, is comparable to work experience obtained in
25-25 the practice of geoscience.
25-26 (c) For purposes of Subsection (a)(3) of this section, the
26-1 board may not accept more than two years of full-time graduate
26-2 study in a discipline of geoscience as qualifying work experience.
26-3 Sec. 6.07. RECIPROCAL LICENSE. (a) The board by rule may
26-4 authorize the licensing of a person who has not met the examination
26-5 requirement of Section 6.05(a)(4) of this Act if the person is
26-6 licensed or registered to practice a discipline of geoscience under
26-7 the law of another state, a territory or possession of the United
26-8 States, the District of Columbia, or a foreign country.
26-9 (b) The board may issue a license to an applicant who
26-10 provides proof of licensure or registration under requirements that
26-11 the board determines to be substantially similar to those
26-12 established by this Act and who pays the required fees.
26-13 Sec. 6.08. TEMPORARY LICENSE. (a) The board may issue a
26-14 temporary license to a person who:
26-15 (1) is not a resident of this state and does not have
26-16 an established place of business in this state but who seeks to
26-17 engage in the public practice of geoscience in this state for a
26-18 temporary period; or
26-19 (2) applies for a reciprocal license and seeks to
26-20 engage in the public practice of geoscience pending a determination
26-21 on the application for the reciprocal license.
26-22 (b) An applicant for a temporary license must:
26-23 (1) apply to the board for a temporary license,
26-24 provide proof of licensure or registration in another state, the
26-25 District of Columbia, a territory or possession of the United
26-26 States, or a foreign country, and pay the required fees;
27-1 (2) agree to comply with the signature requirements of
27-2 Section 6.13(b) of this Act and to affix the person's seal from the
27-3 jurisdiction in which the person is licensed or registered on all
27-4 work completed while practicing under the temporary license; and
27-5 (3) file the required information and reports and
27-6 comply with other requirements established by the board concerning
27-7 the person's temporary practice.
27-8 (c) A temporary license issued under Subsection (a)(1) of
27-9 this section expires on the 90th day after the date of issuance. A
27-10 temporary license issued under Subsection (a)(2) of this section
27-11 expires on the date the reciprocal license is issued or denied.
27-12 Sec. 6.09. WAIVER OF REQUIREMENTS. (a) Except for the
27-13 payment of required fees, the board may waive any of the
27-14 requirements for licensure by a two-thirds vote of the entire board
27-15 if the applicant makes a written request and shows good cause and
27-16 the board determines that the applicant is otherwise qualified for
27-17 a license.
27-18 (b) Each requirement waived under this section and the basis
27-19 for the waiver must be recorded in the applicant's record and in
27-20 the proceedings of the board.
27-21 Sec. 6.10. CONFIDENTIALITY OF CERTAIN INFORMATION. A
27-22 statement made by a person who provides a reference for an
27-23 applicant for a license under this Act or provides any information
27-24 compiled by or submitted to the board relating to an applicant is
27-25 privileged and confidential and may be used only by the board or an
27-26 employee or agent of the board who is directly involved in the
28-1 application or licensure process. Confidential information under
28-2 this section is not subject to discovery, subpoena, or other
28-3 disclosure in any proceeding.
28-4 Sec. 6.11. ISSUANCE OF LICENSE. (a) The board shall issue
28-5 a license to an applicant who meets the requirements of this Act on
28-6 payment of the applicable license fee.
28-7 (b) The license must:
28-8 (1) show the full name of the license holder;
28-9 (2) have a serial number;
28-10 (3) state the license holder's discipline of
28-11 geoscience; and
28-12 (4) be signed by an appropriate officer of the board
28-13 under the board's seal.
28-14 (c) The issuance by the board of a license is prima facie
28-15 evidence that during the term of the license the license holder is
28-16 entitled to all the rights and privileges of a licensed
28-17 geoscientist.
28-18 (d) A licensed geoscientist may engage in the practice of
28-19 any discipline of geoscience regardless of the discipline of
28-20 geoscience stated on the person's license.
28-21 Sec. 6.12. LICENSE DURATION; EXPIRATION. (a) A license is
28-22 valid for a period not to exceed three years and expires according
28-23 to a schedule established by board rule.
28-24 (b) On expiration, a license is invalid and may not be
28-25 renewed except as provided by this Act.
28-26 Sec. 6.13. SEAL. (a) On issuance of a license, the license
29-1 holder must obtain a seal of a design established by the board
29-2 bearing:
29-3 (1) the license holder's name;
29-4 (2) the license number;
29-5 (3) the words "Licensed Professional Geoscientist";
29-6 and
29-7 (4) the license holder's discipline of geoscience.
29-8 (b) A geoscientific report, document, or other record, as
29-9 defined by the board, that is offered to the public and prepared or
29-10 issued by or under the supervision of a licensed geoscientist must,
29-11 in accordance with rules adopted by the board, include the full
29-12 name, signature, and license number of the license holder who
29-13 prepared the report, document, or other record or under whose
29-14 supervision it was prepared and bear an impression of the license
29-15 holder's seal.
29-16 Sec. 6.14. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED
29-17 LICENSE. The board shall issue a new license to replace a license
29-18 that has been lost, destroyed, or mutilated, subject to the rules
29-19 and fees adopted by the board.
29-20 SUBCHAPTER G. LICENSE RENEWAL
29-21 Sec. 7.01. LICENSE RENEWAL. (a) Not later than the 60th
29-22 day before the date the license expires, the board shall notify a
29-23 license holder of:
29-24 (1) the date the license expires; and
29-25 (2) the amount of the fee required for renewal.
29-26 (b) The board shall renew the license of a license holder
30-1 who before the date the license expires or within a period not to
30-2 exceed 60 days after the expiration date:
30-3 (1) submits the required renewal application and fee
30-4 and a penalty for late renewal, if required; and
30-5 (2) meets the requirements for renewal established by
30-6 the board.
30-7 (c) The board by rule may establish conditions and fees for
30-8 the reissuance of a license that has lapsed, expired, or been
30-9 suspended or revoked.
30-10 Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION. As a
30-11 condition for renewal of a license, the board may require each
30-12 license holder to participate in continuing professional education
30-13 on a periodic or other basis.
30-14 SUBCHAPTER H. PUBLIC PRACTICE OF GEOSCIENCE
30-15 Sec. 8.01. PUBLIC PRACTICE OF GEOSCIENCE BY FIRM OR
30-16 CORPORATION. (a) A firm or corporation may engage in the public
30-17 practice of geoscience only if:
30-18 (1) the geoscientific work is performed by, or under
30-19 the supervision of, a licensed geoscientist who is in responsible
30-20 charge of the work and who signs and seals all geoscientific
30-21 reports, documents, and other records as required by this Act; or
30-22 (2) the principal business of the firm or corporation
30-23 is the public practice of geoscience as determined by board rule
30-24 and a principal of the firm or an officer or director of the
30-25 corporation is a licensed geoscientist and has overall supervision
30-26 and control of the geoscientific work performed in this state.
31-1 (b) The board may adopt rules relating to the public
31-2 practice of geoscience by a firm or corporation. Rules adopted
31-3 under this section must recognize that this Act does not apply to a
31-4 licensed professional engineer or engineering firm that performs
31-5 service or work that is both engineering and geoscience. A firm
31-6 that engages in the practice of both engineering and geoscience is
31-7 exempt from any firm registration requirements created under this
31-8 subsection.
31-9 (c) Except as provided by this section, an individual, firm,
31-10 or corporation may not represent to the public that the individual,
31-11 firm, or corporation is a licensed geoscientist or able to perform
31-12 geoscientific services or prepare a geoscientific report, document,
31-13 or other record that requires the signature and seal of a license
31-14 holder under Section 6.13(b) of this Act.
31-15 SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
31-16 Sec. 9.01. DENIAL OF LICENSE. (a) The board may deny a
31-17 license:
31-18 (1) to an applicant who fails to satisfy a requirement
31-19 of this Act; or
31-20 (2) on a determination by the board that there is
31-21 probable cause to believe that an applicant has violated:
31-22 (A) this Act;
31-23 (B) a provision of this Act to which a license
31-24 holder would be subject; or
31-25 (C) a comparable provision in the licensing or
31-26 registration law of another state.
32-1 (b) The board may not issue a license pending the
32-2 disposition of a complaint alleging a violation in this or another
32-3 state if the board has notice of the alleged violation.
32-4 (c) The board shall notify an applicant who is denied a
32-5 license of the reason for denial in writing not later than the 30th
32-6 day after the date of the board's decision. Not later than the
32-7 30th day after the date of receipt of the notice, the applicant may
32-8 make a written request for a hearing. In the absence of a request
32-9 for a hearing, the board's action is final.
32-10 Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION. The board may
32-11 impose appropriate sanctions for:
32-12 (1) the practice of fraud or deceit in obtaining a
32-13 license as a geoscientist;
32-14 (2) incompetence, misconduct, fraud, gross negligence,
32-15 or repeated incidents of negligence in the public practice of
32-16 geoscience;
32-17 (3) conviction of a license holder of a crime
32-18 involving moral turpitude or a felony;
32-19 (4) the imposition of an administrative or civil
32-20 penalty or a criminal fine, or imprisonment or probation instead of
32-21 a fine, for a misdemeanor relating to or arising out of the public
32-22 practice of geoscience;
32-23 (5) the issuance of a cease and desist order or a
32-24 similar sanction relating to or arising out of the public practice
32-25 of geoscience;
32-26 (6) using the seal of another license holder or using
33-1 or allowing the use of the license holder's seal on geoscientific
33-2 work not performed by or under the supervision of the license
33-3 holder;
33-4 (7) aiding or abetting a person in a violation of this
33-5 Act;
33-6 (8) the revocation or suspension of a license, the
33-7 denial of renewal of a license, or other disciplinary action taken
33-8 by a state agency, board of registration, or similar licensing
33-9 agency for geoscientists or a profession or occupation related to
33-10 the public practice of geoscience;
33-11 (9) practicing or offering to practice geoscience or
33-12 representing to the public that the person or the person's firm or
33-13 corporation is licensed or qualified to practice geoscience if the
33-14 person is not licensed under this Act or the person's firm or
33-15 corporation does not employ a licensed geoscientist as required
33-16 under this Act; or
33-17 (10) violating this Act, a rule adopted under this
33-18 Act, including the code of professional conduct, or a comparable
33-19 provision of the laws or rules regulating the practice of
33-20 geoscience in another state or country.
33-21 Sec. 9.03. DISCIPLINARY ACTIONS. (a) The board may take
33-22 the following disciplinary actions:
33-23 (1) refuse to issue or renew a license;
33-24 (2) permanently revoke a license;
33-25 (3) suspend a license for a specified time, not to
33-26 exceed three years, to take effect immediately notwithstanding an
34-1 appeal if the board determines that the license holder's continued
34-2 practice constitutes an imminent danger to the public health,
34-3 safety, or welfare;
34-4 (4) issue a public or private reprimand to an
34-5 applicant, a license holder, or an individual, firm, or corporation
34-6 practicing geoscience under this Act;
34-7 (5) impose limitations, conditions, or restrictions on
34-8 the practice of an applicant, a license holder, or an individual,
34-9 firm, or corporation practicing geoscience under this Act;
34-10 (6) require that a license holder participate in a
34-11 peer review program under rules adopted by the board;
34-12 (7) require that a license holder obtain remedial
34-13 education and training prescribed by the board;
34-14 (8) impose probation on a license holder requiring
34-15 regular reporting to the board;
34-16 (9) require restitution, in whole or in part, of
34-17 compensation or fees earned by a license holder, individual, firm,
34-18 or corporation practicing geoscience under this Act;
34-19 (10) impose an appropriate administrative penalty as
34-20 provided by Subchapter J of this Act for a violation of this Act or
34-21 a rule adopted under this Act on a license holder or a person who
34-22 is not licensed and is not exempt from licensure under this Act; or
34-23 (11) issue a cease and desist order.
34-24 (b) The board may not impose a sanction for a ground
34-25 described by Section 9.02(8) of this Act that exceeds in severity
34-26 or duration the sanction on which the board's action is based.
35-1 Sec. 9.04. RIGHT TO HEARING. A person is entitled to a
35-2 hearing before the board may suspend or revoke the person's
35-3 license.
35-4 Sec. 9.05. REINSTATEMENT. (a) On application, the board
35-5 may reinstate a license to engage in the public practice of
35-6 geoscience to a person whose license has been revoked if a majority
35-7 of the entire board votes in favor of the reinstatement.
35-8 (b) As a condition for reinstatement, the board may:
35-9 (1) review the applicant's qualifications and
35-10 experience;
35-11 (2) require continuing professional education;
35-12 (3) conduct a reexamination on a periodic or other
35-13 basis; or
35-14 (4) require other evidence of the competence of the
35-15 applicant.
35-16 SUBCHAPTER J. ADMINISTRATIVE PENALTY
35-17 Sec. 10.01. IMPOSITION OF PENALTY. The board may impose an
35-18 administrative penalty against a person licensed under this Act or
35-19 any other person who violates this Act or a rule adopted or order
35-20 issued under this Act.
35-21 Sec. 10.02. AMOUNT OF PENALTY. (a) The board may include
35-22 in the amount of the administrative penalty the actual costs of
35-23 investigating and prosecuting the violation.
35-24 (b) The amount of the penalty may not exceed $100 for each
35-25 violation. Each day a violation continues or occurs is a separate
35-26 violation for purposes of imposing a penalty.
36-1 (c) The amount of the penalty shall be based on:
36-2 (1) the seriousness of the violation, including:
36-3 (A) the nature, circumstances, extent, and
36-4 gravity of any prohibited acts; and
36-5 (B) the hazard or potential hazard created to
36-6 the health, safety, or economic welfare of the public;
36-7 (2) the economic harm to property or the environment
36-8 caused by the violation;
36-9 (3) the history of previous violations;
36-10 (4) the amount necessary to deter a future violation;
36-11 (5) efforts or resistance to efforts to correct the
36-12 violation; and
36-13 (6) any other matter that justice may require.
36-14 Sec. 10.03. ADMINISTRATIVE PROCEDURE. (a) The board shall
36-15 adopt rules of procedure for the imposition of an administrative
36-16 penalty.
36-17 (b) Rules adopted under this section must conform to the
36-18 requirements of Chapter 2001, Government Code.
36-19 (c) A proceeding to impose the penalty is considered to be a
36-20 contested case under Chapter 2001, Government Code.
36-21 Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL.
36-22 (a) Not later than the 30th day after the date the board's order
36-23 becomes final, the person shall:
36-24 (1) pay the administrative penalty;
36-25 (2) pay the penalty and file a petition for judicial
36-26 review contesting the occurrence of the violation, the amount of
37-1 the penalty, or both; or
37-2 (3) without paying the penalty, file a petition for
37-3 judicial review contesting the occurrence of the violation, the
37-4 amount of the penalty, or both.
37-5 (b) Within the 30-day period, a person who acts under
37-6 Subsection (a)(3) of this section may:
37-7 (1) stay enforcement of the penalty by:
37-8 (A) paying the penalty to the court for
37-9 placement in an escrow account; or
37-10 (B) giving to the court a supersedeas bond
37-11 approved by the court for the amount of the penalty that is
37-12 effective until judicial review of the board's order is final; or
37-13 (2) request the court to stay enforcement of the
37-14 penalty by:
37-15 (A) filing with the court a sworn affidavit of
37-16 the person stating that the person is financially unable to pay the
37-17 penalty and is financially unable to give the supersedeas bond; and
37-18 (B) giving a copy of the affidavit to the
37-19 executive director by certified mail.
37-20 (c) On receipt of a copy of an affidavit under Subsection
37-21 (b)(2) of this section, the executive director may file with the
37-22 court, not later than the fifth day after the date the copy is
37-23 received, a contest to the affidavit. The court shall hold a
37-24 hearing on the facts alleged in the affidavit as soon as
37-25 practicable and shall stay the enforcement of the penalty on
37-26 finding that the alleged facts are true. The person who files the
38-1 affidavit has the burden of proving that the person is financially
38-2 unable to pay the penalty and to give a supersedeas bond.
38-3 Sec. 10.05. COLLECTION OF PENALTY. If the person does not
38-4 pay the administrative penalty and the enforcement of the penalty
38-5 is not stayed, the executive director may refer the matter to the
38-6 attorney general for collection of the penalty.
38-7 Sec. 10.06. STANDARD OF JUDICIAL REVIEW. The order of the
38-8 board is subject to judicial review under the substantial evidence
38-9 rule.
38-10 Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST. (a) If the
38-11 court sustains the occurrence of the violation, the court may
38-12 uphold or reduce the amount of the administrative penalty and order
38-13 the person to pay the full or reduced penalty. If the court does
38-14 not sustain the occurrence of the violation, the court shall order
38-15 that a penalty is not owed.
38-16 (b) If after judicial review the administrative penalty is
38-17 reduced or not imposed by the court, the court shall, after the
38-18 judgment becomes final:
38-19 (1) order that the appropriate amount, plus accrued
38-20 interest, be remitted to the person if the person paid the penalty;
38-21 or
38-22 (2) order the release of the bond if the penalty is
38-23 not imposed or order the release of the bond after the person pays
38-24 the penalty if the person posted a supersedeas bond.
38-25 (c) Interest accrues under Subsection (b)(1) of this section
38-26 at the rate charged on loans to depository institutions by the New
39-1 York Federal Reserve Bank. The interest shall be paid for the
39-2 period beginning on the date the penalty is paid and ending on the
39-3 date the penalty is remitted.
39-4 SUBCHAPTER K. OTHER ENFORCEMENT PROVISIONS
39-5 Sec. 11.01. INJUNCTION. The board may seek an injunction
39-6 against a violation of this Act or a rule adopted under this Act.
39-7 SUBCHAPTER L. TRANSITION
39-8 Sec. 12.01. TRANSITION. (a) The governor shall make the
39-9 initial appointments to the board before November 1, 2001, as
39-10 follows:
39-11 (1) three members for terms expiring in 2003;
39-12 (2) three members for terms expiring in 2005; and
39-13 (3) three members for terms expiring in 2007.
39-14 (b) Notwithstanding Section 2.01(c) of this Act, an initial
39-15 member of the board who is required to be a licensed geoscientist
39-16 is eligible for appointment to the board if the member fulfills the
39-17 requirements of Section 6.05 of this Act, other than the
39-18 examination requirement of Section 6.05(a)(4) of this Act. It is a
39-19 ground for removal from the board on or after September 1, 2003,
39-20 that the member has not obtained a license under this Act.
39-21 (c) The board shall hold its first meeting before January 1,
39-22 2002. The board shall adopt rules under this Act not later than
39-23 September 1, 2002.
39-24 (d) A person is not required to obtain a license under this
39-25 Act until September 1, 2003.
39-26 (e) Notwithstanding Subsection (d) of this section, a person
40-1 who is engaged in the public practice of geoscience before
40-2 September 1, 2003, and who applies for a license under this Act
40-3 before that date may continue to engage in that practice until the
40-4 board acts on the person's application. A person described by this
40-5 subsection may be qualified for licensure without passing the
40-6 written examination described by Section 6.05(a)(4) of this Act if
40-7 the person fulfills the other requirements of Section 6.05 of this
40-8 Act.
40-9 SECTION 2. AMENDMENTS. (a) Subsection (a), Section
40-10 212.0101, Local Government Code, is amended to read as follows:
40-11 (a) If a person submits a plat for the subdivision of a
40-12 tract of land for which the source of the water supply intended for
40-13 the subdivision is groundwater under that land, the municipal
40-14 authority responsible for approving plats by ordinance may require
40-15 the plat application to have attached to it a statement that:
40-16 (1) is prepared by an engineer licensed [registered]
40-17 to practice in this state or a geoscientist licensed to practice in
40-18 this state; and
40-19 (2) certifies that adequate groundwater is available
40-20 for the subdivision.
40-21 (b) Subsection (a), Section 232.0031, Local Government Code,
40-22 as added by Chapter 460, Acts of the 76th Legislature, Regular
40-23 Session, 1999, is amended to read as follows:
40-24 (a) If a person submits a plat for the subdivision of a
40-25 tract of land for which the source of the water supply intended for
40-26 the subdivision is groundwater under that land, the commissioners
41-1 court of a county by order may require the plat application to have
41-2 attached to it a statement that:
41-3 (1) is prepared by an engineer licensed [registered]
41-4 to practice in this state or a geoscientist licensed to practice in
41-5 this state; and
41-6 (2) certifies that adequate groundwater is available
41-7 for the subdivision.
41-8 (c) The changes in law made by this Act to Sections
41-9 212.0101(a) and 232.0031(a), Local Government Code, apply only to a
41-10 subdivision plat application that is filed on or after the
41-11 effective date of this Act. A subdivision plat application that is
41-12 filed before the effective date of this Act is governed by the law
41-13 in effect on the date the application is filed, and that law is
41-14 continued in effect for that purpose.
41-15 SECTION 3. EFFECTIVE DATE. This Act takes effect September
41-16 1, 2001, except that Section 6.01 and Subchapter J, Texas
41-17 Geoscience Practice Act, as adopted by this Act, take effect
41-18 September 1, 2003.