By Brown S.B. No. 405
77R1410 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of professional geoscientists; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT. The
1-6 Texas Geoscience Practice Act is adopted to read as follows:
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 1.01. SHORT TITLE. This Act may be cited as the Texas
1-9 Geoscience Practice Act.
1-10 Sec. 1.02. DEFINITIONS. In this Act:
1-11 (1) "Board" means the Texas Board of Professional
1-12 Geoscientists.
1-13 (2) "Certified geoscientist" means a geoscientist who
1-14 has been certified 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
2-1 knowledge, acquired through education and practical experience, of
2-2 geoscience, mathematics, and the supporting physical, chemical,
2-3 mineralogical, morphological, and life sciences.
2-4 (5) "Licensed geoscientist" means a person who holds a
2-5 license issued by the board under this Act.
2-6 (6) "Practice for the public":
2-7 (A) means providing professional geoscientific
2-8 services:
2-9 (i) for a governmental entity in this
2-10 state;
2-11 (ii) to comply with a rule established by
2-12 this state or a political subdivision of this state; or
2-13 (iii) for the public or a firm or
2-14 corporation in this state if the practitioner assumes the ultimate
2-15 liability for the work product; and
2-16 (B) does not include services provided for the
2-17 express use of a firm or corporation by an employee or consultant
2-18 if the firm or corporation assumes the ultimate liability for the
2-19 work product.
2-20 (7) "Public practice of geoscience" means the practice
2-21 for the public of geoscientific services or work, including
2-22 consulting, investigating, evaluating, analyzing, planning,
2-23 mapping, and inspecting geoscientific work and the responsible
2-24 supervision of those tasks.
2-25 (8) "Responsible charge" means the independent control
2-26 and direction of geoscientific work or the supervision of
2-27 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.
3-27 (d) This Act does not require a licensed engineer, or a
4-1 person acting under the supervision of a licensed engineer, who
4-2 performs service or work that is both engineering and geoscience to
4-3 be licensed as a geoscientist or to work under the supervision of a
4-4 licensed geoscientist.
4-5 (e) A recommendation, design, analysis, redesign, or review
4-6 and evaluation, the supervision, or a summary analysis of an
4-7 engineered structure or work, the performance of which requires
4-8 engineering education, training, and experience in the application
4-9 of special knowledge of mathematical, physical, and engineering
4-10 sciences, is engineering and is subject to The Texas Engineering
4-11 Practice Act (Article 3271a, Vernon's Texas Civil Statutes).
4-12 (f) This Act does not permit a licensed geoscientist to
4-13 perform an engineering analysis supporting an engineering design
4-14 unless the action is under the supervision of a licensed engineer.
4-15 (g) This Act does not permit a licensed geoscientist to
4-16 provide construction quality control and evaluation, to perform
4-17 materials engineering and testing, or to design, develop, or
4-18 perform engineering review and evaluation of engineering plans and
4-19 engineering specifications for an engineered structure or work
4-20 unless the action is under the supervision of a licensed engineer.
4-21 (h) With regard to an environmental and pollution
4-22 remediation project, this Act:
4-23 (1) permits the characterization, study, appraisal,
4-24 investigation, analysis, and geoscientific review and evaluation of
4-25 and the making of recommendations regarding the geoscientific
4-26 components of the project by a licensed geoscientist; and
4-27 (2) does not permit the design, development, or
5-1 performance of engineering review and evaluation of a component of
5-2 the project consisting of an engineered structure, work, or process
5-3 or a related constructed improvement by a licensed geoscientist.
5-4 (i) With regard to a geoscientific investigation of
5-5 geological conditions affecting an engineered structure, work, or
5-6 process, this Act:
5-7 (1) permits the characterization, study, appraisal,
5-8 investigation, analysis, and geoscientific review and evaluation of
5-9 and the making of recommendations regarding the geoscientific
5-10 components of the engineered structure, work, or process by a
5-11 licensed geoscientist; and
5-12 (2) does not permit the design, development, or
5-13 performance of engineering review and evaluation of the engineered
5-14 structure, work, or process or a related constructed improvement by
5-15 a licensed geoscientist.
5-16 (j) The board and the Texas Board of Professional Engineers
5-17 by rule, memorandum of understanding, or other appropriate
5-18 procedure or document shall jointly resolve any conflict between
5-19 this Act or a rule adopted under this Act and The Texas Engineering
5-20 Practice Act (Article 3271a, Vernon's Texas Civil Statutes) or a
5-21 rule adopted under that Act.
5-22 (k) This Act does not authorize a licensed geoscientist to
5-23 act as or offer to perform services as a driller or installer.
5-24 This Act does not apply to a licensed driller or licensed installer
5-25 who confines the driller's or installer's activities to activities
5-26 regulated under Chapter 32 or 33, Water Code, respectively.
5-27 (l) The board and the commissioner of licensing and
6-1 regulation by rule, memorandum of understanding, or other
6-2 appropriate procedure or document shall jointly resolve any
6-3 conflict between this Act or a rule adopted under this Act and
6-4 Chapter 51, Occupations Code, or Chapter 32 or 33, Water Code, or a
6-5 rule adopted under one of those chapters.
6-6 SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
6-7 Sec. 2.01. BOARD MEMBERSHIP. (a) The Texas Board of
6-8 Professional Geoscientists shall administer this Act.
6-9 (b) The board is composed of nine members appointed by the
6-10 governor with the advice and consent of the senate.
6-11 (c) Six members of the board must be licensed geoscientists.
6-12 (d) Three members of the board must be members of the
6-13 public.
6-14 (e) Appointments to the board shall be made without regard
6-15 to the race, color, disability, sex, religion, age, or national
6-16 origin of the appointees.
6-17 Sec. 2.02. MEMBER ELIGIBILITY. (a) A member of the board
6-18 must:
6-19 (1) be a citizen of the United States;
6-20 (2) have been a resident of this state for at least
6-21 the three years preceding appointment; and
6-22 (3) be at least 25 years of age.
6-23 (b) A person is not eligible for appointment as a public
6-24 member of the board if the person or the person's spouse:
6-25 (1) is registered, certified, or licensed by an
6-26 occupational regulatory agency in a discipline of geoscience;
6-27 (2) is employed by or participates in the management
7-1 of a business entity or other organization regulated by or
7-2 receiving money from the board;
7-3 (3) owns or controls, directly or indirectly, more
7-4 than a 10 percent interest in a business entity or other
7-5 organization regulated by or receiving money from the board; or
7-6 (4) uses or receives a substantial amount of tangible
7-7 goods, services, or money from the board other than compensation or
7-8 reimbursement authorized by law for board membership, attendance,
7-9 or expenses.
7-10 Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
7-11 this section, "society or trade association" means a nonprofit,
7-12 cooperative, and voluntarily joined association of business or
7-13 professional competitors designed to assist its members and its
7-14 industry or profession in dealing with mutual business or
7-15 professional problems and in promoting their common interest.
7-16 (b) A person may not be a member of the board and may not be
7-17 a board employee employed in a "bona fide executive,
7-18 administrative, or professional capacity," as that phrase is used
7-19 in Section 13, Fair Labor Standards Act of 1938 (29 U.S.C. Section
7-20 213), and its subsequent amendments, if:
7-21 (1) the person is an officer, employee, or paid
7-22 consultant of a society or trade association in a discipline of
7-23 geoscience; or
7-24 (2) the person's spouse is an officer, manager, or
7-25 paid consultant of a society or trade association in a discipline
7-26 of geoscience.
7-27 (c) A person may not be a member of the board or act as the
8-1 general counsel to the board if the person is required to register
8-2 as a lobbyist under Chapter 305, Government Code, because of the
8-3 person's activities for compensation on behalf of a profession
8-4 related to the operation of the board.
8-5 Sec. 2.04. TERMS. (a) Members of the board serve staggered
8-6 six-year terms, with the terms of three members expiring February 1
8-7 of each odd-numbered year.
8-8 (b) A member of the board may not serve more than two
8-9 consecutive full terms.
8-10 Sec. 2.05. GROUNDS FOR REMOVAL. (a) It is a ground for
8-11 removal from the board that a member:
8-12 (1) is no longer qualified for appointment to the
8-13 board;
8-14 (2) engages in misconduct, is determined to be
8-15 incompetent, neglects the member's official duties, or engages in
8-16 malfeasance;
8-17 (3) commits a violation of this Act resulting in
8-18 disciplinary action or a felony; or
8-19 (4) fails without excuse to attend at least half of
8-20 the regularly scheduled meetings held in a calendar year while the
8-21 member is a member of the board.
8-22 (b) The validity of an action of the board is not affected
8-23 by the fact that it is taken when a ground for removal of a board
8-24 member exists.
8-25 (c) If the executive director has knowledge that a potential
8-26 ground for removal exists, the executive director shall notify the
8-27 presiding officer of the board of the potential ground. The
9-1 presiding officer shall then notify the governor and the attorney
9-2 general that a potential ground for removal exists. If the
9-3 potential ground for removal involves the presiding officer, the
9-4 executive director shall notify the assistant presiding officer,
9-5 who shall then notify the governor and the attorney general that a
9-6 potential ground for removal exists.
9-7 Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of
9-8 the board is entitled to reimbursement for the travel expenses
9-9 incurred by the member while conducting the business of the board,
9-10 as provided by the General Appropriations Act.
9-11 Sec. 2.07. OFFICERS. (a) The board shall elect biennially
9-12 from its own membership a presiding officer, assistant presiding
9-13 officer, and secretary-treasurer. A member may not hold one of
9-14 those positions for more than two consecutive two-year periods. A
9-15 member serves in the position at the will of the board and may be
9-16 removed from the position by a two-thirds majority vote of the
9-17 board.
9-18 (b) The board may appoint an assistant secretary and other
9-19 assistants who are not members of the board to assist the board and
9-20 exercise its authority in carrying out the board's powers and
9-21 duties.
9-22 Sec. 2.08. OFFICE. The board shall maintain its office in
9-23 Austin.
9-24 Sec. 2.09. MEETINGS. The board shall hold at least two
9-25 regular meetings in each calendar year. A special meeting may be
9-26 held at a time permitted by board rule.
9-27 Sec. 2.10. TRAINING. (a) A person who is appointed to and
10-1 qualifies for office as a member of the board may not vote,
10-2 deliberate, or be counted as a member in attendance at a meeting of
10-3 the board until the person completes a training program that
10-4 complies with this section.
10-5 (b) The training program must provide the person with
10-6 information regarding:
10-7 (1) the legislation that created the board;
10-8 (2) the programs operated by the board;
10-9 (3) the role and functions of the board;
10-10 (4) the rules of the board, with an emphasis on the
10-11 rules that relate to disciplinary and investigative authority;
10-12 (5) the current budget for the board;
10-13 (6) the results of the most recent formal audit of the
10-14 board;
10-15 (7) the requirements of:
10-16 (A) the open meetings law, Chapter 551,
10-17 Government Code;
10-18 (B) the public information law, Chapter 552,
10-19 Government Code;
10-20 (C) the administrative procedure law, Chapter
10-21 2001, Government Code; and
10-22 (D) other laws relating to public officials,
10-23 including conflict-of-interest laws; and
10-24 (8) any applicable ethics policies adopted by the
10-25 board or the Texas Ethics Commission.
10-26 (c) A person appointed to the board is entitled to
10-27 reimbursement, as provided by the General Appropriations Act, for
11-1 the travel expenses incurred in attending the training program
11-2 regardless of whether the attendance at the program occurs before
11-3 or after the person qualifies for office.
11-4 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
11-5 Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an
11-6 executive director, who shall be responsible for managing the
11-7 day-to-day affairs of the board, including:
11-8 (1) arranging for and supervising the necessary
11-9 support, secretarial, and clerical services;
11-10 (2) obtaining space for holding examinations,
11-11 meetings, and conferences;
11-12 (3) printing or purchasing examinations;
11-13 (4) printing and mailing forms, information, and
11-14 licenses;
11-15 (5) sending notices, collecting fees, and issuing
11-16 receipts;
11-17 (6) conducting the correspondence of the board,
11-18 including replying to routine requests for information;
11-19 (7) maintaining the minutes and records of the board;
11-20 (8) keeping records of receipts and disbursements; and
11-21 (9) providing necessary investigative services.
11-22 Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT. (a) The
11-23 executive director shall receive, administer, and account for all
11-24 money received under this Act and shall transfer the money to the
11-25 comptroller.
11-26 (b) All money paid to the board under this Act shall be
11-27 deposited to the credit of the professional geoscientists' fund
12-1 account in the general revenue fund. The account shall be
12-2 maintained in accordance with the accounting procedures of, and is
12-3 subject to audit by, the comptroller. Interest earned on money
12-4 deposited to the credit of the account shall be credited to the
12-5 account. The account is exempt from the application of Section
12-6 403.095, Government Code.
12-7 (c) Money in the account may be used only to pay the
12-8 expenses incurred by the board in the administration and
12-9 enforcement of this Act.
12-10 Sec. 3.03. DIVISION OF RESPONSIBILITIES. The board shall
12-11 develop and implement policies that clearly separate the policy
12-12 making responsibilities of the board and the management
12-13 responsibilities of the executive director and the staff of the
12-14 board.
12-15 Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT
12-16 INFORMATION. The executive director or the executive director's
12-17 designee shall provide to members of the board and to board
12-18 employees, as often as necessary, information regarding the
12-19 requirements for office or employment under this Act, including
12-20 information regarding a person's responsibilities under applicable
12-21 laws relating to standards of conduct for state officers or
12-22 employees.
12-23 Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
12-24 (a) The executive director or the executive director's designee
12-25 shall develop an intra-agency career ladder program that addresses
12-26 opportunities for mobility and advancement of employees within the
12-27 board. The program must require intra-agency posting of all
13-1 positions concurrently with any public posting.
13-2 (b) The executive director or the executive director's
13-3 designee shall develop a system of annual performance evaluations
13-4 based on documented employee performance. All decisions regarding
13-5 merit pay for a board employee must be based on that system.
13-6 Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
13-7 executive director or the executive director's designee shall
13-8 prepare and maintain a written policy statement that implements a
13-9 program of equal employment opportunity to ensure that all
13-10 personnel decisions are made without regard to race, color,
13-11 disability, sex, religion, age, or national origin.
13-12 (b) The policy statement must include:
13-13 (1) personnel policies, including policies relating to
13-14 recruitment, evaluation, selection, training, and promotion of
13-15 personnel, that show the intent of the board to avoid the unlawful
13-16 employment practices described by Chapter 21, Labor Code; and
13-17 (2) an analysis of the extent to which the composition
13-18 of the board's personnel is in accordance with state and federal
13-19 law and a description of reasonable methods to achieve compliance
13-20 with state and federal law.
13-21 (c) The policy statement must be:
13-22 (1) updated annually;
13-23 (2) reviewed by the Commission on Human Rights for
13-24 compliance with Subsection (b)(1) of this section; and
13-25 (3) filed with the governor.
13-26 SUBCHAPTER D. BOARD POWERS AND DUTIES
13-27 Sec. 4.01. GENERAL RULEMAKING AUTHORITY. The board shall
14-1 adopt and enforce rules consistent with this Act and necessary for
14-2 the performance of its duties.
14-3 Sec. 4.02. FEES. The board may set reasonable and necessary
14-4 fees to be charged applicants and license holders under this Act,
14-5 including fees for application, examination, licensure, and renewal
14-6 of a license. The board shall base a fee for examination in a
14-7 discipline of geoscience on the costs associated with preparing,
14-8 administering, and grading that examination.
14-9 Sec. 4.03. CODE OF PROFESSIONAL CONDUCT. (a) The board by
14-10 rule shall adopt a code of professional conduct that is binding on
14-11 all license holders under this Act.
14-12 (b) The board may enforce the code by imposing sanctions as
14-13 provided by this Act.
14-14 Sec. 4.04. ENFORCEMENT; REFERRAL OF COMPLAINTS AND
14-15 INVESTIGATIONS. (a) The board shall enforce this Act. Any member
14-16 of the board may present to a prosecuting officer a complaint
14-17 relating to a violation of this Act. The board through its
14-18 members, officers, counsel, or agents may assist in the trial of a
14-19 case involving the violation of this Act, subject to the control of
14-20 the prosecuting officer.
14-21 (b) Notwithstanding Subsection (a) of this section, the
14-22 board shall refer a complaint or investigation involving the
14-23 unlicensed practice of geoscience by a person who is licensed as an
14-24 engineer, surveyor, driller, installer, or member of another
14-25 similar profession to the agency that issued the license to the
14-26 person.
14-27 (c) The board may administer oaths and affirmations and
15-1 issue subpoenas to compel the attendance of witnesses and the
15-2 production of evidence.
15-3 (d) The attorney general shall act as legal advisor to the
15-4 board and shall provide legal assistance as necessary in enforcing
15-5 this Act.
15-6 Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS. (a) The
15-7 board by rule may recognize the use of the designations used by a
15-8 professional organization, society, or association that maintains a
15-9 certification program in a discipline of geoscience if:
15-10 (1) the requirements for that certification are
15-11 acceptable to the board;
15-12 (2) the full name or recognized abbreviation of the
15-13 organization, society, or association granting the certification is
15-14 stated following or in conjunction with the use of the designation
15-15 or abbreviation; and
15-16 (3) the designation or abbreviation is not used in a
15-17 manner that is misleading or that creates an impression that the
15-18 person is licensed to practice geoscience for the public unless the
15-19 person is licensed under this Act.
15-20 (b) The board by rule shall recognize the title "geological
15-21 engineer," "geotechnical engineer," "hydraulic engineer," or
15-22 "agricultural engineer" or another legitimate engineering title as
15-23 a legitimate engineering title separate from geoscience, the use of
15-24 which requires licensure as a professional engineer.
15-25 Sec. 4.06. ESTABLISHMENT OF DISCIPLINES. The board by rule
15-26 shall establish the disciplines of geoscience in which a person may
15-27 be licensed and the requirements for eligibility for a license in
16-1 each discipline.
16-2 Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The
16-3 board may enter into agreements with licensing or registration
16-4 boards in other states and other appropriate organizations,
16-5 societies, associations, and agencies to develop uniform standards
16-6 for:
16-7 (1) the licensing or registration of geoscientists;
16-8 (2) accrediting educational programs;
16-9 (3) establishing reciprocal and temporary licenses;
16-10 (4) developing regional or national examinations;
16-11 (5) evaluating applicants; or
16-12 (6) other purposes consistent with this Act.
16-13 Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In
16-14 administering this Act, the board may:
16-15 (1) appoint committees;
16-16 (2) employ personnel, contractors, and consultants;
16-17 (3) lease or purchase furnishings, equipment, and
16-18 supplies;
16-19 (4) lease office space; and
16-20 (5) incur other similar expenses.
16-21 Sec. 4.09. ROSTER OF LICENSE HOLDERS. (a) The board shall
16-22 maintain a roster stating the name, discipline of geoscience, and
16-23 place of business of each licensed geoscientist.
16-24 (b) The board shall maintain copies of the roster and shall
16-25 provide a copy on request to a state agency, a county or municipal
16-26 clerk or building official, or a license holder. The board may
16-27 charge a license holder a reasonable fee set by the board for
17-1 providing the copy.
17-2 (c) The board shall provide a copy of the roster to another
17-3 person on written request, subject to payment of a reasonable fee
17-4 set by the board.
17-5 Sec. 4.10. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE
17-6 REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENTS EXIST. The board
17-7 shall maintain a list of each state, territory, or possession of
17-8 the United States, the District of Columbia, or foreign country in
17-9 which the requirements and qualifications for licensure or
17-10 registration are comparable to those established in this state and
17-11 with which a reciprocity agreement exists.
17-12 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
17-13 Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall:
17-14 (1) prepare information of public interest describing:
17-15 (A) the regulatory functions of the board; and
17-16 (B) the board's procedures by which complaints
17-17 are filed with and resolved by the board; and
17-18 (2) make the information available to the public and
17-19 appropriate state agencies.
17-20 Sec. 5.02. COMPLAINTS. (a) A person may file a complaint
17-21 alleging a violation of this Act or a rule adopted under this Act.
17-22 (b) A complaint must be:
17-23 (1) in writing;
17-24 (2) sworn to by the person making the complaint; and
17-25 (3) filed with the secretary-treasurer.
17-26 Sec. 5.03. RECORDS OF COMPLAINTS. (a) The board shall
17-27 maintain a file on each complaint filed with the board. The file
18-1 must include:
18-2 (1) the name of the person who filed the complaint;
18-3 (2) the date the complaint is received by the board;
18-4 (3) the subject matter of the complaint;
18-5 (4) the name of each person contacted in relation to
18-6 the complaint;
18-7 (5) a summary of the results of the review or
18-8 investigation of the complaint; and
18-9 (6) an explanation of the reason the file was closed,
18-10 if the board closed the file without taking action other than to
18-11 investigate the complaint.
18-12 (b) The board, at least quarterly until final disposition of
18-13 the complaint, shall notify the person filing the complaint and
18-14 each person who is a subject of the complaint of the status of the
18-15 investigation unless the notice would jeopardize an undercover
18-16 investigation.
18-17 Sec. 5.04. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
18-18 board shall provide to the person filing the complaint and to each
18-19 person who is a subject of the complaint a copy of the board's
18-20 policies and procedures relating to complaint investigation and
18-21 resolution.
18-22 (b) The board shall investigate all complaints brought to
18-23 its attention and may employ investigators, expert witnesses, and
18-24 hearing officers, appoint advisory committees, and conduct hearings
18-25 to determine whether disciplinary or other action should be taken.
18-26 Sec. 5.05. PUBLIC PARTICIPATION. The board shall develop and
18-27 implement policies that provide the public with a reasonable
19-1 opportunity to appear before the board and to speak on any issue
19-2 under the jurisdiction of the board.
19-3 SUBCHAPTER F. LICENSE REQUIREMENTS
19-4 Sec. 6.01. LICENSE REQUIRED. (a) Unless exempted by this
19-5 Act, a person may not engage in the public practice of geoscience
19-6 unless the person holds a license issued under this Act.
19-7 (b) Unless the person is licensed under this Act, a person
19-8 may not:
19-9 (1) use the term "Licensed Professional Geoscientist"
19-10 or the initials "P.G." as part of a professional, business, or
19-11 commercial identification or title; or
19-12 (2) otherwise represent to the public that the person
19-13 is qualified to:
19-14 (A) practice as a geoscientist; or
19-15 (B) engage in the public practice of geoscience.
19-16 (c) A person may not take responsible charge of a
19-17 geoscientific report or a geoscientific portion of a report
19-18 required by municipal or county ordinance, state or federal law,
19-19 state agency rule, or federal regulation that incorporates or is
19-20 based on a geoscientific study or geoscientific data unless the
19-21 person is licensed under this Act.
19-22 Sec. 6.02. EXEMPTIONS. The following activities do not
19-23 require a license under this Act:
19-24 (1) geoscientific work performed by an employee or a
19-25 subordinate of a license holder under this Act if the work does not
19-26 include the responsible charge of geoscientific work and is
19-27 performed under the direct supervision of a licensed geoscientist
20-1 who is responsible for the work;
20-2 (2) geoscientific work performed by an officer or
20-3 employee of the United States practicing solely as such an officer
20-4 or employee;
20-5 (3) geoscientific work performed exclusively in
20-6 exploring for and developing oil, gas, or other energy resources,
20-7 base metals, or precious or nonprecious minerals, including sand,
20-8 gravel, or aggregate, if the work is done in and for the benefit of
20-9 private industry;
20-10 (4) geoscientific research conducted through an
20-11 academic institution, local, state, or federal governmental agency,
20-12 nonprofit research institution, or for-profit organization,
20-13 including submission of a report on the research to a public
20-14 agency, unless the work is covered by Section 6.01(c) of this Act;
20-15 (5) teaching geoscience or a related physical or
20-16 natural science;
20-17 (6) work customarily performed by a cartographer,
20-18 technician, or physical or natural scientist, including a
20-19 geologist, geophysicist, soil scientist, chemist, archaeologist,
20-20 geographer, or oceanographer, if the work does not include the
20-21 public practice of geoscience;
20-22 (7) work performed by an archaeologist, geoscientist,
20-23 or other person conducting a stratigraphic or historical geological
20-24 investigation for archaeological purposes;
20-25 (8) testifying or preparing and presenting an exhibit
20-26 or document for the sole purpose of being placed in evidence before
20-27 an administrative or judicial tribunal or hearing if the testimony,
21-1 exhibit, or document does not imply that the person is licensed
21-2 under this Act;
21-3 (9) the evaluation by a state agency, as defined by
21-4 Section 2001.003, Government Code, or by a hearing examiner of an
21-5 exhibit or document offered or placed in evidence before an
21-6 administrative tribunal; or
21-7 (10) the determination of the suitability of a site
21-8 for a specific on-site sewage disposal system by a site evaluator
21-9 certified by the Texas Natural Resource Conservation Commission.
21-10 Sec. 6.03. LICENSE APPLICATION. (a) An applicant for a
21-11 license under this Act, including an applicant for a temporary or
21-12 reciprocal license, must apply on a form prescribed by the board
21-13 that is signed and sworn to by the applicant before a notary
21-14 public.
21-15 (b) The application must include:
21-16 (1) information concerning the applicant's education;
21-17 (2) a detailed summary of the applicant's relevant
21-18 work experience; and
21-19 (3) a signed statement that the applicant has read and
21-20 will comply with the code of professional conduct adopted under
21-21 this Act.
21-22 (c) The application must be accompanied by:
21-23 (1) not fewer than five reference letters, of which
21-24 not fewer than three are from geoscientists, or other professionals
21-25 acceptable to the board, who have personal knowledge of the
21-26 applicant's relevant work experience; and
21-27 (2) the appropriate application fee.
22-1 Sec. 6.04. EXAMINATIONS. (a) The board may prepare,
22-2 administer, and grade oral and written examinations required or
22-3 permitted under this Act.
22-4 (b) The board may adopt or recognize, in whole or in part,
22-5 an examination prepared, administered, or graded by another
22-6 organization, on a regional or national basis, that the board
22-7 determines appropriate to measure the qualifications of an
22-8 applicant for a license under this Act if:
22-9 (1) the examination questions, the correct answers,
22-10 and the applicant's completed examination are available to the
22-11 board; and
22-12 (2) the board retains the authority to determine a
22-13 passing grade for a license in this state.
22-14 Sec. 6.05. LICENSE ELIGIBILITY. (a) To be eligible for a
22-15 license under this Act, an applicant must:
22-16 (1) be of good moral and ethical character as attested
22-17 to by letters of reference submitted in behalf of the applicant or
22-18 as otherwise determined by the board;
22-19 (2) have:
22-20 (A) graduated from a course of study in a
22-21 discipline of geoscience satisfactory to the board that consists of
22-22 at least four years of study and includes at least 30 semester
22-23 hours or 45 quarter hours of credit in geoscience, of which at
22-24 least 20 semester hours or 30 quarter hours of credit must be in
22-25 upper level college courses in that discipline; or
22-26 (B) satisfactorily completed other equivalent
22-27 educational requirements as determined by the board;
23-1 (3) have a documented record of at least five years of
23-2 qualifying work experience, as provided by Section 6.06 of this
23-3 Act, that demonstrates that the applicant is qualified to assume
23-4 responsible charge of geoscientific work;
23-5 (4) pass an examination required by the board covering
23-6 the fundamentals and practice of the appropriate discipline of
23-7 geoscience; and
23-8 (5) meet any other requirements established by the
23-9 board.
23-10 (b) The board may accept qualifying work experience in lieu
23-11 of the education required by Subsection (a)(2).
23-12 Sec. 6.06. QUALIFYING WORK EXPERIENCE. (a) The board shall
23-13 apply the following standards in evaluating the work experience of
23-14 an applicant for a license under Section 6.05 of this Act:
23-15 (1) each year of work experience acceptable to the
23-16 board constitutes one year of qualifying work experience if the
23-17 experience was acquired under the direct supervision of:
23-18 (A) a geoscientist who is licensed in this state
23-19 or in another state under requirements for licensure or
23-20 registration that are comparable to those in this Act;
23-21 (B) a geoscientist who meets the educational and
23-22 work experience requirements for licensure but is not required to
23-23 be licensed under this Act; or
23-24 (C) another professional acceptable to the
23-25 board;
23-26 (2) each year of work experience acceptable to the
23-27 board and acquired before September 1, 2003, constitutes one year
24-1 of qualifying work experience if the experience:
24-2 (A) was acquired under the direct supervision
24-3 of:
24-4 (i) a geoscientist who meets the
24-5 educational and work experience requirements for a license under
24-6 this Act;
24-7 (ii) a geoscientist who is licensed or
24-8 registered under comparable requirements in another state; or
24-9 (iii) another professional acceptable to
24-10 the board; or
24-11 (B) would constitute the responsible charge of
24-12 professional geoscientific work as determined by the board; and
24-13 (3) each year of full-time graduate study in a
24-14 discipline of geoscience that is acceptable to the board
24-15 constitutes one year of qualifying work experience.
24-16 (b) The board may accept research in or the teaching of a
24-17 discipline of geoscience at the college or university level as
24-18 qualifying work experience if the research or teaching, in the
24-19 judgment of the board, is comparable to work experience obtained in
24-20 the practice of geoscience.
24-21 (c) For purposes of Subsection (a)(3) of this section, the
24-22 board may not accept more than two years of full-time graduate
24-23 study in a discipline of geoscience as qualifying work experience.
24-24 Sec. 6.07. RECIPROCAL LICENSE. (a) The board by rule may
24-25 authorize the licensing of a person who has not met the examination
24-26 requirement of Section 6.05(a)(4) of this Act if the person is
24-27 licensed or registered to practice a discipline of geoscience under
25-1 the law of another state, a territory or possession of the United
25-2 States, the District of Columbia, or a foreign country.
25-3 (b) The board may issue a license to an applicant who
25-4 provides proof of licensure or registration under requirements that
25-5 the board determines to be substantially similar to those
25-6 established by this Act and who pays the required fees.
25-7 Sec. 6.08. TEMPORARY LICENSE. (a) The board may issue a
25-8 temporary license to a person who:
25-9 (1) is not a resident of this state and does not have
25-10 an established place of business in this state but who seeks to
25-11 engage in the public practice of geoscience in this state for a
25-12 temporary period; or
25-13 (2) applies for a reciprocal license and seeks to
25-14 engage in the public practice of geoscience pending a determination
25-15 on the application for the reciprocal license.
25-16 (b) An applicant for a temporary license must:
25-17 (1) apply to the board for a temporary license,
25-18 provide proof of licensure or registration in another state, the
25-19 District of Columbia, a territory or possession of the United
25-20 States, or a foreign country, and pay the required fees;
25-21 (2) agree to comply with the signature requirements of
25-22 Section 6.13(b) of this Act and to affix the person's seal from the
25-23 jurisdiction in which the person is licensed or registered on all
25-24 work completed while practicing under the temporary license; and
25-25 (3) file the required information and reports and
25-26 comply with other requirements established by the board concerning
25-27 the person's temporary practice.
26-1 (c) A temporary license issued under Subsection (a)(1) of
26-2 this section expires on the 90th day after the date of issuance. A
26-3 temporary license issued under Subsection (a)(2) of this section
26-4 expires on the date the reciprocal license is issued or denied.
26-5 Sec. 6.09. WAIVER OF REQUIREMENTS. (a) Except for the
26-6 payment of required fees, the board may waive any of the
26-7 requirements for licensure by a two-thirds vote of the entire board
26-8 if the applicant makes a written request and shows good cause and
26-9 the board determines that the applicant is otherwise qualified for
26-10 a license.
26-11 (b) Each requirement waived under this section and the basis
26-12 for the waiver must be recorded in the applicant's record and in
26-13 the proceedings of the board.
26-14 Sec. 6.10. CONFIDENTIALITY OF CERTAIN INFORMATION. A
26-15 statement made by a person who provides a reference for an
26-16 applicant for a license under this Act or provides any information
26-17 compiled by or submitted to the board relating to an applicant is
26-18 privileged and confidential and may be used only by the board or an
26-19 employee or agent of the board who is directly involved in the
26-20 application or licensure process. Confidential information under
26-21 this section is not subject to discovery, subpoena, or other
26-22 disclosure in any proceeding.
26-23 Sec. 6.11. ISSUANCE OF LICENSE. (a) The board shall issue a
26-24 license to an applicant who meets the requirements of this Act on
26-25 payment of the applicable license fee.
26-26 (b) The license must:
26-27 (1) show the full name of the license holder;
27-1 (2) have a serial number;
27-2 (3) state the license holder's discipline of
27-3 geoscience; and
27-4 (4) be signed by an appropriate officer of the board
27-5 under the board's seal.
27-6 (c) The issuance by the board of a license is prima facie
27-7 evidence that during the term of the license the license holder is
27-8 entitled to all the rights and privileges of a licensed
27-9 geoscientist.
27-10 (d) A licensed geoscientist may engage in the practice of
27-11 any discipline of geoscience regardless of the discipline of
27-12 geoscience stated on the person's license.
27-13 Sec. 6.12. LICENSE DURATION; EXPIRATION. (a) A license is
27-14 valid for a period not to exceed three years and expires according
27-15 to a schedule established by board rule.
27-16 (b) On expiration, a license is invalid and may not be
27-17 renewed except as provided by this Act.
27-18 Sec. 6.13. SEAL. (a) On issuance of a license, the license
27-19 holder must obtain a seal of a design established by the board
27-20 bearing:
27-21 (1) the license holder's name;
27-22 (2) the license number;
27-23 (3) the words "Licensed Professional Geoscientist";
27-24 and
27-25 (4) the license holder's discipline of geoscience.
27-26 (b) A geoscientific report, document, or other record, as
27-27 defined by the board, that is offered to the public and prepared or
28-1 issued by or under the supervision of a licensed geoscientist must,
28-2 in accordance with rules adopted by the board, include the full
28-3 name, signature, and license number of the license holder who
28-4 prepared the report, document, or other record or under whose
28-5 supervision it was prepared and bear an impression of the license
28-6 holder's seal.
28-7 Sec. 6.14. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED
28-8 LICENSE. The board shall issue a new license to replace a license
28-9 that has been lost, destroyed, or mutilated, subject to the rules
28-10 and fees adopted by the board.
28-11 SUBCHAPTER G. LICENSE RENEWAL
28-12 Sec. 7.01. LICENSE RENEWAL. (a) Not later than the 60th day
28-13 before the date the license expires, the board shall notify a
28-14 license holder of:
28-15 (1) the date the license expires; and
28-16 (2) the amount of the fee required for renewal.
28-17 (b) The board shall renew the license of a license holder
28-18 who before the date the license expires or within a period not to
28-19 exceed 60 days after the expiration date:
28-20 (1) submits the required renewal application and fee
28-21 and a penalty for late renewal, if required; and
28-22 (2) meets the requirements for renewal established by
28-23 the board.
28-24 (c) The board by rule may establish conditions and fees for
28-25 the reissuance of a license that has lapsed, expired, or been
28-26 suspended or revoked.
28-27 Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION. As a condition
29-1 for renewal of a license, the board may require each license holder
29-2 to participate in continuing professional education on a periodic
29-3 or other basis.
29-4 SUBCHAPTER H. PUBLIC PRACTICE OF GEOSCIENCE
29-5 Sec. 8.01. PUBLIC PRACTICE OF GEOSCIENCE BY FIRM OR
29-6 CORPORATION. (a) A firm or corporation may engage in the public
29-7 practice of geoscience only if:
29-8 (1) the geoscientific work is performed by, or under
29-9 the supervision of, a licensed geoscientist who is in responsible
29-10 charge of the work and who signs and seals all geoscientific
29-11 reports, documents, and other records as required by this Act; or
29-12 (2) the principal business of the firm or corporation
29-13 is the public practice of geoscience as determined by board rule
29-14 and a principal of the firm or an officer or director of the
29-15 corporation is a licensed geoscientist and has overall supervision
29-16 and control of the geoscientific work performed in this state.
29-17 (b) The board may adopt rules relating to the public
29-18 practice of geoscience by a firm or corporation. Rules adopted
29-19 under this section must recognize that this Act does not apply to a
29-20 licensed professional engineer or engineering firm that performs
29-21 service or work that is both engineering and geoscience. A firm
29-22 that engages in the practice of both engineering and geoscience is
29-23 exempt from any firm registration requirements created under this
29-24 subsection.
29-25 (c) Except as provided by this section, an individual, firm,
29-26 or corporation may not represent to the public that the individual,
29-27 firm, or corporation is a licensed geoscientist or able to perform
30-1 geoscientific services or prepare a geoscientific report, document,
30-2 or other record that requires the signature and seal of a license
30-3 holder under Section 6.13(b) of this Act.
30-4 SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
30-5 Sec. 9.01. DENIAL OF LICENSE. (a) The board may deny a
30-6 license:
30-7 (1) to an applicant who fails to satisfy a requirement
30-8 of this Act; or
30-9 (2) on a determination by the board that there is
30-10 probable cause to believe that an applicant has violated:
30-11 (A) this Act;
30-12 (B) a provision of this Act to which a license
30-13 holder would be subject; or
30-14 (C) a comparable provision in the licensing or
30-15 registration law of another state.
30-16 (b) The board may not issue a license pending the
30-17 disposition of a complaint alleging a violation in this or another
30-18 state if the board has notice of the alleged violation.
30-19 (c) The board shall notify an applicant who is denied a
30-20 license of the reason for denial in writing not later than the 30th
30-21 day after the date of the board's decision. Not later than the
30-22 30th day after the date of receipt of the notice, the applicant may
30-23 make a written request for a hearing. In the absence of a request
30-24 for a hearing, the board's action is final.
30-25 Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION. The board may
30-26 impose appropriate sanctions for:
30-27 (1) the practice of fraud or deceit in obtaining a
31-1 license as a geoscientist;
31-2 (2) incompetence, misconduct, fraud, gross negligence,
31-3 or repeated incidents of negligence in the public practice of
31-4 geoscience;
31-5 (3) conviction of a license holder of a crime
31-6 involving moral turpitude or a felony;
31-7 (4) the imposition of an administrative or civil
31-8 penalty or a criminal fine, or imprisonment or probation instead of
31-9 a fine, for a misdemeanor relating to or arising out of the public
31-10 practice of geoscience;
31-11 (5) the issuance of a cease and desist order or a
31-12 similar sanction relating to or arising out of the public practice
31-13 of geoscience;
31-14 (6) using the seal of another license holder or using
31-15 or allowing the use of the license holder's seal on geoscientific
31-16 work not performed by or under the supervision of the license
31-17 holder;
31-18 (7) aiding or abetting a person in a violation of this
31-19 Act;
31-20 (8) the revocation or suspension of a license, the
31-21 denial of renewal of a license, or other disciplinary action taken
31-22 by a state agency, board of registration, or similar licensing
31-23 agency for geoscientists or a profession or occupation related to
31-24 the public practice of geoscience;
31-25 (9) practicing or offering to practice geoscience or
31-26 representing to the public that the person or the person's firm or
31-27 corporation is licensed or qualified to practice geoscience if the
32-1 person is not licensed under this Act or the person's firm or
32-2 corporation does not employ a licensed geoscientist as required
32-3 under this Act; or
32-4 (10) violating this Act, a rule adopted under this
32-5 Act, including the code of professional conduct, or a comparable
32-6 provision of the laws or rules regulating the practice of
32-7 geoscience in another state or country.
32-8 Sec. 9.03. DISCIPLINARY ACTIONS. (a) The board may take the
32-9 following disciplinary actions:
32-10 (1) refuse to issue or renew a license;
32-11 (2) permanently revoke a license;
32-12 (3) suspend a license for a specified time, not to
32-13 exceed three years, to take effect immediately notwithstanding an
32-14 appeal if the board determines that the license holder's continued
32-15 practice constitutes an imminent danger to the public health,
32-16 safety, or welfare;
32-17 (4) issue a public or private reprimand to an
32-18 applicant, a license holder, or an individual, firm, or corporation
32-19 practicing geoscience under this Act;
32-20 (5) impose limitations, conditions, or restrictions on
32-21 the practice of an applicant, a license holder, or an individual,
32-22 firm, or corporation practicing geoscience under this Act;
32-23 (6) require that a license holder participate in a
32-24 peer review program under rules adopted by the board;
32-25 (7) require that a license holder obtain remedial
32-26 education and training prescribed by the board;
32-27 (8) impose probation on a license holder requiring
33-1 regular reporting to the board;
33-2 (9) require restitution, in whole or in part, of
33-3 compensation or fees earned by a license holder, individual, firm,
33-4 or corporation practicing geoscience under this Act;
33-5 (10) impose an appropriate administrative penalty as
33-6 provided by Subchapter J for a violation of this Act or a rule
33-7 adopted under this Act on a license holder or a person who is not
33-8 licensed and is not exempt from licensure under this Act; or
33-9 (11) issue a cease and desist order.
33-10 (b) The board may not impose a sanction for a ground
33-11 described by Section 9.02(8) of this Act that exceeds in severity
33-12 or duration the sanction on which the board's action is based.
33-13 Sec. 9.04. RIGHT TO HEARING. A person is entitled to a
33-14 hearing before the board may suspend or revoke the person's
33-15 license.
33-16 Sec. 9.05. REINSTATEMENT. (a) On application, the board
33-17 may reinstate a license to engage in the public practice of
33-18 geoscience to a person whose license has been revoked if a majority
33-19 of the entire board votes in favor of the reinstatement.
33-20 (b) As a condition for reinstatement, the board may:
33-21 (1) review the applicant's qualifications and
33-22 experience;
33-23 (2) require continuing professional education;
33-24 (3) conduct a reexamination on a periodic or other
33-25 basis; or
33-26 (4) require other evidence of the competence of the
33-27 applicant.
34-1 SUBCHAPTER J. ADMINISTRATIVE PENALTY
34-2 Sec. 10.01. IMPOSITION OF PENALTY. The board may impose an
34-3 administrative penalty against a person licensed under this Act or
34-4 any other person who violates this Act or a rule adopted or order
34-5 issued under this Act.
34-6 Sec. 10.02. AMOUNT OF PENALTY. (a) The board may include in
34-7 the amount of the administrative penalty the actual costs of
34-8 investigating and prosecuting the violation.
34-9 (b) The amount of the penalty may not exceed $100 for each
34-10 violation. Each day a violation continues or occurs is a separate
34-11 violation for purposes of imposing a penalty.
34-12 (c) The amount of the penalty shall be based on:
34-13 (1) the seriousness of the violation, including:
34-14 (A) the nature, circumstances, extent, and
34-15 gravity of any prohibited acts; and
34-16 (B) the hazard or potential hazard created to
34-17 the health, safety, or economic welfare of the public;
34-18 (2) the economic harm to property or the environment
34-19 caused by the violation;
34-20 (3) the history of previous violations;
34-21 (4) the amount necessary to deter a future violation;
34-22 (5) efforts or resistance to efforts to correct the
34-23 violation; and
34-24 (6) any other matter that justice may require.
34-25 Sec. 10.03. ADMINISTRATIVE PROCEDURE. (a) The board shall
34-26 adopt rules of procedure for the imposition of an administrative
34-27 penalty.
35-1 (b) Rules adopted under this section must conform to the
35-2 requirements of Chapter 2001, Government Code.
35-3 (c) A proceeding to impose the penalty is considered to be a
35-4 contested case under Chapter 2001, Government Code.
35-5 Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL.
35-6 (a) Not later than the 30th day after the date the board's order
35-7 becomes final, the person shall:
35-8 (1) pay the administrative penalty;
35-9 (2) pay the penalty and file a petition for judicial
35-10 review contesting the occurrence of the violation, the amount of
35-11 the penalty, or both; or
35-12 (3) without paying the penalty, file a petition for
35-13 judicial review contesting the occurrence of the violation, the
35-14 amount of the penalty, or both.
35-15 (b) Within the 30-day period, a person who acts under
35-16 Subsection (a)(3) of this section may:
35-17 (1) stay enforcement of the penalty by:
35-18 (A) paying the penalty to the court for
35-19 placement in an escrow account; or
35-20 (B) giving to the court a supersedeas bond
35-21 approved by the court for the amount of the penalty that is
35-22 effective until judicial review of the board's order is final; or
35-23 (2) request the court to stay enforcement of the
35-24 penalty by:
35-25 (A) filing with the court a sworn affidavit of
35-26 the person stating that the person is financially unable to pay the
35-27 penalty and is financially unable to give the supersedeas bond; and
36-1 (B) giving a copy of the affidavit to the
36-2 executive director by certified mail.
36-3 (c) On receipt of a copy of an affidavit under Subsection
36-4 (b)(2) of this section, the executive director may file with the
36-5 court, not later than the fifth day after the date the copy is
36-6 received, a contest to the affidavit. The court shall hold a
36-7 hearing on the facts alleged in the affidavit as soon as
36-8 practicable and shall stay the enforcement of the penalty on
36-9 finding that the alleged facts are true. The person who files the
36-10 affidavit has the burden of proving that the person is financially
36-11 unable to pay the penalty and to give a supersedeas bond.
36-12 Sec. 10.05. COLLECTION OF PENALTY. If the person does not
36-13 pay the administrative penalty and the enforcement of the penalty
36-14 is not stayed, the executive director may refer the matter to the
36-15 attorney general for collection of the penalty.
36-16 Sec. 10.06. STANDARD OF JUDICIAL REVIEW. The order of the
36-17 board is subject to judicial review under the substantial evidence
36-18 rule.
36-19 Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST. (a) If the
36-20 court sustains the occurrence of the violation, the court may
36-21 uphold or reduce the amount of the administrative penalty and order
36-22 the person to pay the full or reduced penalty. If the court does
36-23 not sustain the occurrence of the violation, the court shall order
36-24 that a penalty is not owed.
36-25 (b) If after judicial review the administrative penalty is
36-26 reduced or not imposed by the court, the court shall, after the
36-27 judgment becomes final:
37-1 (1) order that the appropriate amount, plus accrued
37-2 interest, be remitted to the person if the person paid the penalty;
37-3 or
37-4 (2) order the release of the bond if the penalty is
37-5 not imposed or order the release of the bond after the person pays
37-6 the penalty if the person posted a supersedeas bond.
37-7 (c) Interest accrues under Subsection (b)(1) of this section
37-8 at the rate charged on loans to depository institutions by the New
37-9 York Federal Reserve Bank. The interest shall be paid for the
37-10 period beginning on the date the penalty is paid and ending on the
37-11 date the penalty is remitted.
37-12 SUBCHAPTER K. OTHER ENFORCEMENT PROVISIONS
37-13 Sec. 11.01. INJUNCTION. The board may seek an injunction
37-14 against a violation of this Act or a rule adopted under this Act.
37-15 SUBCHAPTER L. TRANSITION
37-16 Sec. 12.01. TRANSITION. (a) The governor shall make the
37-17 initial appointments to the board before November 1, 2001, as
37-18 follows:
37-19 (1) three members for terms expiring in 2003;
37-20 (2) three members for terms expiring in 2005; and
37-21 (3) three members for terms expiring in 2007.
37-22 (b) Notwithstanding Section 2.01(c) of this Act, an initial
37-23 member of the board who is required to be a licensed geoscientist
37-24 is eligible for appointment to the board if the member fulfills the
37-25 requirements of Section 6.05 of this Act, other than the
37-26 examination requirement of Section 6.05(a)(4) of this Act. It is a
37-27 ground for removal from the board on or after September 1, 2003,
38-1 that the member has not obtained a license under this Act.
38-2 (c) The board shall hold its first meeting before January 1,
38-3 2002. The board shall adopt rules under this Act not later than
38-4 September 1, 2002.
38-5 (d) A person is not required to obtain a license under this
38-6 Act until September 1, 2003.
38-7 (e) Notwithstanding Subsection (d) of this section, a person
38-8 who is engaged in the public practice of geoscience before
38-9 September 1, 2003, and who applies for a license under this Act
38-10 before that date may continue to engage in that practice until the
38-11 board acts on the person's application. A person described by this
38-12 subsection may be qualified for licensure without passing the
38-13 written examination described by Section 6.05(a)(4) of this Act if
38-14 the person fulfills the other requirements of Section 6.05 of this
38-15 Act.
38-16 SECTION 2. EFFECTIVE DATE. This Act takes effect September
38-17 1, 2001, except that Section 6.01 and Subchapter J, Texas
38-18 Geoscience Practice Act, as adopted by this Act, take effect
38-19 September 1, 2003.