1-1 By: Brown S.B. No. 405 1-2 (In the Senate - Filed January 25, 2001; January 29, 2001, 1-3 read first time and referred to Committee on State Affairs; 1-4 February 14, 2001, reported favorably by the following vote: Yeas 1-5 8, Nays 1; February 14, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the regulation of professional geoscientists; providing 1-9 penalties. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT. The 1-12 Texas Geoscience Practice Act is adopted to read as follows: 1-13 SUBCHAPTER A. GENERAL PROVISIONS 1-14 Sec. 1.01. SHORT TITLE. This Act may be cited as the Texas 1-15 Geoscience Practice Act. 1-16 Sec. 1.02. DEFINITIONS. In this Act: 1-17 (1) "Board" means the Texas Board of Professional 1-18 Geoscientists. 1-19 (2) "Certified geoscientist" means a geoscientist who 1-20 has been certified in a discipline of geoscience by a professional 1-21 organization, society, or association that maintains a 1-22 certification program. 1-23 (3) "Geoscience" means the science of the earth and 1-24 its origin and history, the investigation of the earth's 1-25 environment and its constituent soils, rocks, minerals, fossil 1-26 fuels, solids, and fluids, and the study of the natural and 1-27 introduced agents, forces, and processes that cause changes in and 1-28 on the earth. 1-29 (4) "Geoscientist" means a person qualified to engage 1-30 in the public practice of geoscience because of the person's 1-31 knowledge, acquired through education and practical experience, of 1-32 geoscience, mathematics, and the supporting physical, chemical, 1-33 mineralogical, morphological, and life sciences. 1-34 (5) "Licensed geoscientist" means a person who holds a 1-35 license issued by the board under this Act. 1-36 (6) "Practice for the public": 1-37 (A) means providing professional geoscientific 1-38 services: 1-39 (i) for a governmental entity in this 1-40 state; 1-41 (ii) to comply with a rule established by 1-42 this state or a political subdivision of this state; or 1-43 (iii) for the public or a firm or 1-44 corporation in this state if the practitioner assumes the ultimate 1-45 liability for the work product; and 1-46 (B) does not include services provided for the 1-47 express use of a firm or corporation by an employee or consultant 1-48 if the firm or corporation assumes the ultimate liability for the 1-49 work product. 1-50 (7) "Public practice of geoscience" means the practice 1-51 for the public of geoscientific services or work, including 1-52 consulting, investigating, evaluating, analyzing, planning, 1-53 mapping, and inspecting geoscientific work and the responsible 1-54 supervision of those tasks. 1-55 (8) "Responsible charge" means the independent control 1-56 and direction of geoscientific work or the supervision of 1-57 geoscientific work by the use of initiative, skill, and independent 1-58 judgment. 1-59 Sec. 1.03. APPLICATION OF SUNSET ACT. The Texas Board of 1-60 Professional Geoscientists is subject to Chapter 325, Government 1-61 Code (Texas Sunset Act). Unless continued in existence as provided 1-62 by that chapter, the board is abolished and this Act expires 1-63 September 1, 2013. 1-64 Sec. 1.04. APPLICATION OF ACT. (a) In this section: 2-1 (1) "Driller" and "licensed driller" have the meanings 2-2 assigned those terms by Section 32.001, Water Code. 2-3 (2) "Installer" and "licensed installer" have the 2-4 meanings assigned those terms by Section 33.001, Water Code. 2-5 (3) "Licensed engineer" and "practice of engineering" 2-6 have the meanings assigned those terms by Section 2, The Texas 2-7 Engineering Practice Act (Article 3271a, Vernon's Texas Civil 2-8 Statutes). 2-9 (4) "Professional surveying" has the meaning assigned 2-10 by Section 2, Professional Land Surveying Practices Act (Article 2-11 5282c, Vernon's Texas Civil Statutes). 2-12 (b) This Act does not authorize the practice of professional 2-13 surveying by a licensed geoscientist. This Act does not apply to a 2-14 qualified and registered surveyor who confines the surveyor's 2-15 practice to acts of surveying allowed under the Professional Land 2-16 Surveying Practices Act (Article 5282c, Vernon's Texas Civil 2-17 Statutes). 2-18 (c) This Act does not authorize the practice of engineering 2-19 by a licensed geoscientist. 2-20 (d) This Act does not require a licensed engineer, or a 2-21 person acting under the supervision of a licensed engineer, who 2-22 performs service or work that is both engineering and geoscience to 2-23 be licensed as a geoscientist or to work under the supervision of a 2-24 licensed geoscientist. 2-25 (e) A recommendation, design, analysis, redesign, or review 2-26 and evaluation, the supervision, or a summary analysis of an 2-27 engineered structure or work, the performance of which requires 2-28 engineering education, training, and experience in the application 2-29 of special knowledge of mathematical, physical, and engineering 2-30 sciences, is engineering and is subject to The Texas Engineering 2-31 Practice Act (Article 3271a, Vernon's Texas Civil Statutes). 2-32 (f) This Act does not permit a licensed geoscientist to 2-33 perform an engineering analysis supporting an engineering design 2-34 unless the action is under the supervision of a licensed engineer. 2-35 (g) This Act does not permit a licensed geoscientist to 2-36 provide construction quality control and evaluation, to perform 2-37 materials engineering and testing, or to design, develop, or 2-38 perform engineering review and evaluation of engineering plans and 2-39 engineering specifications for an engineered structure or work 2-40 unless the action is under the supervision of a licensed engineer. 2-41 (h) With regard to an environmental and pollution 2-42 remediation project, this Act: 2-43 (1) permits the characterization, study, appraisal, 2-44 investigation, analysis, and geoscientific review and evaluation of 2-45 and the making of recommendations regarding the geoscientific 2-46 components of the project by a licensed geoscientist; and 2-47 (2) does not permit the design, development, or 2-48 performance of engineering review and evaluation of a component of 2-49 the project consisting of an engineered structure, work, or process 2-50 or a related constructed improvement by a licensed geoscientist. 2-51 (i) With regard to a geoscientific investigation of 2-52 geological conditions affecting an engineered structure, work, or 2-53 process, this Act: 2-54 (1) permits the characterization, study, appraisal, 2-55 investigation, analysis, and geoscientific review and evaluation of 2-56 and the making of recommendations regarding the geoscientific 2-57 components of the engineered structure, work, or process by a 2-58 licensed geoscientist; and 2-59 (2) does not permit the design, development, or 2-60 performance of engineering review and evaluation of the engineered 2-61 structure, work, or process or a related constructed improvement by 2-62 a licensed geoscientist. 2-63 (j) The board and the Texas Board of Professional Engineers 2-64 by rule, memorandum of understanding, or other appropriate 2-65 procedure or document shall jointly resolve any conflict between 2-66 this Act or a rule adopted under this Act and The Texas Engineering 2-67 Practice Act (Article 3271a, Vernon's Texas Civil Statutes) or a 2-68 rule adopted under that Act. 2-69 (k) This Act does not authorize a licensed geoscientist to 3-1 act as or offer to perform services as a driller or installer. 3-2 This Act does not apply to a licensed driller or licensed installer 3-3 who confines the driller's or installer's activities to activities 3-4 regulated under Chapter 32 or 33, Water Code, respectively. 3-5 (l) The board and the commissioner of licensing and 3-6 regulation by rule, memorandum of understanding, or other 3-7 appropriate procedure or document shall jointly resolve any 3-8 conflict between this Act or a rule adopted under this Act and 3-9 Chapter 51, Occupations Code, or Chapter 32 or 33, Water Code, or a 3-10 rule adopted under one of those chapters. 3-11 SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS 3-12 Sec. 2.01. BOARD MEMBERSHIP. (a) The Texas Board of 3-13 Professional Geoscientists shall administer this Act. 3-14 (b) The board is composed of nine members appointed by the 3-15 governor with the advice and consent of the senate. 3-16 (c) Six members of the board must be licensed geoscientists. 3-17 (d) Three members of the board must be members of the 3-18 public. 3-19 (e) Appointments to the board shall be made without regard 3-20 to the race, color, disability, sex, religion, age, or national 3-21 origin of the appointees. 3-22 Sec. 2.02. MEMBER ELIGIBILITY. (a) A member of the board 3-23 must: 3-24 (1) be a citizen of the United States; 3-25 (2) have been a resident of this state for at least 3-26 the three years preceding appointment; and 3-27 (3) be at least 25 years of age. 3-28 (b) A person is not eligible for appointment as a public 3-29 member of the board if the person or the person's spouse: 3-30 (1) is registered, certified, or licensed by an 3-31 occupational regulatory agency in a discipline of geoscience; 3-32 (2) is employed by or participates in the management 3-33 of a business entity or other organization regulated by or 3-34 receiving money from the board; 3-35 (3) owns or controls, directly or indirectly, more 3-36 than a 10 percent interest in a business entity or other 3-37 organization regulated by or receiving money from the board; or 3-38 (4) uses or receives a substantial amount of tangible 3-39 goods, services, or money from the board other than compensation or 3-40 reimbursement authorized by law for board membership, attendance, 3-41 or expenses. 3-42 Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In 3-43 this section, "society or trade association" means a nonprofit, 3-44 cooperative, and voluntarily joined association of business or 3-45 professional competitors designed to assist its members and its 3-46 industry or profession in dealing with mutual business or 3-47 professional problems and in promoting their common interest. 3-48 (b) A person may not be a member of the board and may not be 3-49 a board employee employed in a "bona fide executive, 3-50 administrative, or professional capacity," as that phrase is used 3-51 in Section 13, Fair Labor Standards Act of 1938 (29 U.S.C. Section 3-52 213), and its subsequent amendments, if: 3-53 (1) the person is an officer, employee, or paid 3-54 consultant of a society or trade association in a discipline of 3-55 geoscience; or 3-56 (2) the person's spouse is an officer, manager, or 3-57 paid consultant of a society or trade association in a discipline 3-58 of geoscience. 3-59 (c) A person may not be a member of the board or act as the 3-60 general counsel to the board if the person is required to register 3-61 as a lobbyist under Chapter 305, Government Code, because of the 3-62 person's activities for compensation on behalf of a profession 3-63 related to the operation of the board. 3-64 Sec. 2.04. TERMS. (a) Members of the board serve staggered 3-65 six-year terms, with the terms of three members expiring February 1 3-66 of each odd-numbered year. 3-67 (b) A member of the board may not serve more than two 3-68 consecutive full terms. 3-69 Sec. 2.05. GROUNDS FOR REMOVAL. (a) It is a ground for 4-1 removal from the board that a member: 4-2 (1) is no longer qualified for appointment to the 4-3 board; 4-4 (2) engages in misconduct, is determined to be 4-5 incompetent, neglects the member's official duties, or engages in 4-6 malfeasance; 4-7 (3) commits a violation of this Act resulting in 4-8 disciplinary action or a felony; or 4-9 (4) fails without excuse to attend at least half of 4-10 the regularly scheduled meetings held in a calendar year while the 4-11 member is a member of the board. 4-12 (b) The validity of an action of the board is not affected 4-13 by the fact that it is taken when a ground for removal of a board 4-14 member exists. 4-15 (c) If the executive director has knowledge that a potential 4-16 ground for removal exists, the executive director shall notify the 4-17 presiding officer of the board of the potential ground. The 4-18 presiding officer shall then notify the governor and the attorney 4-19 general that a potential ground for removal exists. If the 4-20 potential ground for removal involves the presiding officer, the 4-21 executive director shall notify the assistant presiding officer, 4-22 who shall then notify the governor and the attorney general that a 4-23 potential ground for removal exists. 4-24 Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of 4-25 the board is entitled to reimbursement for the travel expenses 4-26 incurred by the member while conducting the business of the board, 4-27 as provided by the General Appropriations Act. 4-28 Sec. 2.07. OFFICERS. (a) The board shall elect biennially 4-29 from its own membership a presiding officer, assistant presiding 4-30 officer, and secretary-treasurer. A member may not hold one of 4-31 those positions for more than two consecutive two-year periods. A 4-32 member serves in the position at the will of the board and may be 4-33 removed from the position by a two-thirds majority vote of the 4-34 board. 4-35 (b) The board may appoint an assistant secretary and other 4-36 assistants who are not members of the board to assist the board and 4-37 exercise its authority in carrying out the board's powers and 4-38 duties. 4-39 Sec. 2.08. OFFICE. The board shall maintain its office in 4-40 Austin. 4-41 Sec. 2.09. MEETINGS. The board shall hold at least two 4-42 regular meetings in each calendar year. A special meeting may be 4-43 held at a time permitted by board rule. 4-44 Sec. 2.10. TRAINING. (a) A person who is appointed to and 4-45 qualifies for office as a member of the board may not vote, 4-46 deliberate, or be counted as a member in attendance at a meeting of 4-47 the board until the person completes a training program that 4-48 complies with this section. 4-49 (b) The training program must provide the person with 4-50 information regarding: 4-51 (1) the legislation that created the board; 4-52 (2) the programs operated by the board; 4-53 (3) the role and functions of the board; 4-54 (4) the rules of the board, with an emphasis on the 4-55 rules that relate to disciplinary and investigative authority; 4-56 (5) the current budget for the board; 4-57 (6) the results of the most recent formal audit of the 4-58 board; 4-59 (7) the requirements of: 4-60 (A) the open meetings law, Chapter 551, 4-61 Government Code; 4-62 (B) the public information law, Chapter 552, 4-63 Government Code; 4-64 (C) the administrative procedure law, Chapter 4-65 2001, Government Code; and 4-66 (D) other laws relating to public officials, 4-67 including conflict-of-interest laws; and 4-68 (8) any applicable ethics policies adopted by the 4-69 board or the Texas Ethics Commission. 5-1 (c) A person appointed to the board is entitled to 5-2 reimbursement, as provided by the General Appropriations Act, for 5-3 the travel expenses incurred in attending the training program 5-4 regardless of whether the attendance at the program occurs before 5-5 or after the person qualifies for office. 5-6 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL 5-7 Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an 5-8 executive director, who shall be responsible for managing the 5-9 day-to-day affairs of the board, including: 5-10 (1) arranging for and supervising the necessary 5-11 support, secretarial, and clerical services; 5-12 (2) obtaining space for holding examinations, 5-13 meetings, and conferences; 5-14 (3) printing or purchasing examinations; 5-15 (4) printing and mailing forms, information, and 5-16 licenses; 5-17 (5) sending notices, collecting fees, and issuing 5-18 receipts; 5-19 (6) conducting the correspondence of the board, 5-20 including replying to routine requests for information; 5-21 (7) maintaining the minutes and records of the board; 5-22 (8) keeping records of receipts and disbursements; and 5-23 (9) providing necessary investigative services. 5-24 Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT. (a) The 5-25 executive director shall receive, administer, and account for all 5-26 money received under this Act and shall transfer the money to the 5-27 comptroller. 5-28 (b) All money paid to the board under this Act shall be 5-29 deposited to the credit of the professional geoscientists' fund 5-30 account in the general revenue fund. The account shall be 5-31 maintained in accordance with the accounting procedures of, and is 5-32 subject to audit by, the comptroller. Interest earned on money 5-33 deposited to the credit of the account shall be credited to the 5-34 account. The account is exempt from the application of Section 5-35 403.095, Government Code. 5-36 (c) Money in the account may be used only to pay the 5-37 expenses incurred by the board in the administration and 5-38 enforcement of this Act. 5-39 Sec. 3.03. DIVISION OF RESPONSIBILITIES. The board shall 5-40 develop and implement policies that clearly separate the 5-41 policymaking responsibilities of the board and the management 5-42 responsibilities of the executive director and the staff of the 5-43 board. 5-44 Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT 5-45 INFORMATION. The executive director or the executive director's 5-46 designee shall provide to members of the board and to board 5-47 employees, as often as necessary, information regarding the 5-48 requirements for office or employment under this Act, including 5-49 information regarding a person's responsibilities under applicable 5-50 laws relating to standards of conduct for state officers or 5-51 employees. 5-52 Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. 5-53 (a) The executive director or the executive director's designee 5-54 shall develop an intra-agency career ladder program that addresses 5-55 opportunities for mobility and advancement of employees within the 5-56 board. The program must require intra-agency posting of all 5-57 positions concurrently with any public posting. 5-58 (b) The executive director or the executive director's 5-59 designee shall develop a system of annual performance evaluations 5-60 based on documented employee performance. All decisions regarding 5-61 merit pay for a board employee must be based on that system. 5-62 Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The 5-63 executive director or the executive director's designee shall 5-64 prepare and maintain a written policy statement that implements a 5-65 program of equal employment opportunity to ensure that all 5-66 personnel decisions are made without regard to race, color, 5-67 disability, sex, religion, age, or national origin. 5-68 (b) The policy statement must include: 5-69 (1) personnel policies, including policies relating to 6-1 recruitment, evaluation, selection, training, and promotion of 6-2 personnel, that show the intent of the board to avoid the unlawful 6-3 employment practices described by Chapter 21, Labor Code; and 6-4 (2) an analysis of the extent to which the composition 6-5 of the board's personnel is in accordance with state and federal 6-6 law and a description of reasonable methods to achieve compliance 6-7 with state and federal law. 6-8 (c) The policy statement must be: 6-9 (1) updated annually; 6-10 (2) reviewed by the Commission on Human Rights for 6-11 compliance with Subsection (b)(1) of this section; and 6-12 (3) filed with the governor. 6-13 SUBCHAPTER D. BOARD POWERS AND DUTIES 6-14 Sec. 4.01. GENERAL RULEMAKING AUTHORITY. The board shall 6-15 adopt and enforce rules consistent with this Act and necessary for 6-16 the performance of its duties. 6-17 Sec. 4.02. FEES. The board may set reasonable and necessary 6-18 fees to be charged applicants and license holders under this Act, 6-19 including fees for application, examination, licensure, and renewal 6-20 of a license. The board shall base a fee for examination in a 6-21 discipline of geoscience on the costs associated with preparing, 6-22 administering, and grading that examination. 6-23 Sec. 4.03. CODE OF PROFESSIONAL CONDUCT. (a) The board by 6-24 rule shall adopt a code of professional conduct that is binding on 6-25 all license holders under this Act. 6-26 (b) The board may enforce the code by imposing sanctions as 6-27 provided by this Act. 6-28 Sec. 4.04. ENFORCEMENT; REFERRAL OF COMPLAINTS AND 6-29 INVESTIGATIONS. (a) The board shall enforce this Act. Any member 6-30 of the board may present to a prosecuting officer a complaint 6-31 relating to a violation of this Act. The board through its 6-32 members, officers, counsel, or agents may assist in the trial of a 6-33 case involving the violation of this Act, subject to the control of 6-34 the prosecuting officer. 6-35 (b) Notwithstanding Subsection (a) of this section, the 6-36 board shall refer a complaint or investigation involving the 6-37 unlicensed practice of geoscience by a person who is licensed as an 6-38 engineer, surveyor, driller, installer, or member of another 6-39 similar profession to the agency that issued the license to the 6-40 person. 6-41 (c) The board may administer oaths and affirmations and 6-42 issue subpoenas to compel the attendance of witnesses and the 6-43 production of evidence. 6-44 (d) The attorney general shall act as legal advisor to the 6-45 board and shall provide legal assistance as necessary in enforcing 6-46 this Act. 6-47 Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS. (a) The 6-48 board by rule may recognize the use of the designations used by a 6-49 professional organization, society, or association that maintains a 6-50 certification program in a discipline of geoscience if: 6-51 (1) the requirements for that certification are 6-52 acceptable to the board; 6-53 (2) the full name or recognized abbreviation of the 6-54 organization, society, or association granting the certification is 6-55 stated following or in conjunction with the use of the designation 6-56 or abbreviation; and 6-57 (3) the designation or abbreviation is not used in a 6-58 manner that is misleading or that creates an impression that the 6-59 person is licensed to practice geoscience for the public unless the 6-60 person is licensed under this Act. 6-61 (b) The board by rule shall recognize the title "geological 6-62 engineer," "geotechnical engineer," "hydraulic engineer," or 6-63 "agricultural engineer" or another legitimate engineering title as 6-64 a legitimate engineering title separate from geoscience, the use of 6-65 which requires licensure as a professional engineer. 6-66 Sec. 4.06. ESTABLISHMENT OF DISCIPLINES. The board by rule 6-67 shall establish the disciplines of geoscience in which a person may 6-68 be licensed and the requirements for eligibility for a license in 6-69 each discipline. 7-1 Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The 7-2 board may enter into agreements with licensing or registration 7-3 boards in other states and other appropriate organizations, 7-4 societies, associations, and agencies to develop uniform standards 7-5 for: 7-6 (1) the licensing or registration of geoscientists; 7-7 (2) accrediting educational programs; 7-8 (3) establishing reciprocal and temporary licenses; 7-9 (4) developing regional or national examinations; 7-10 (5) evaluating applicants; or 7-11 (6) other purposes consistent with this Act. 7-12 Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In 7-13 administering this Act, the board may: 7-14 (1) appoint committees; 7-15 (2) employ personnel, contractors, and consultants; 7-16 (3) lease or purchase furnishings, equipment, and 7-17 supplies; 7-18 (4) lease office space; and 7-19 (5) incur other similar expenses. 7-20 Sec. 4.09. ROSTER OF LICENSE HOLDERS. (a) The board shall 7-21 maintain a roster stating the name, discipline of geoscience, and 7-22 place of business of each licensed geoscientist. 7-23 (b) The board shall maintain copies of the roster and shall 7-24 provide a copy on request to a state agency, a county or municipal 7-25 clerk or building official, or a license holder. The board may 7-26 charge a license holder a reasonable fee set by the board for 7-27 providing the copy. 7-28 (c) The board shall provide a copy of the roster to another 7-29 person on written request, subject to payment of a reasonable fee 7-30 set by the board. 7-31 Sec. 4.10. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE 7-32 REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENTS EXIST. The 7-33 board shall maintain a list of each state, territory, or possession 7-34 of the United States, the District of Columbia, or foreign country 7-35 in which the requirements and qualifications for licensure or 7-36 registration are comparable to those established in this state and 7-37 with which a reciprocity agreement exists. 7-38 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES 7-39 Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall: 7-40 (1) prepare information of public interest describing: 7-41 (A) the regulatory functions of the board; and 7-42 (B) the board's procedures by which complaints 7-43 are filed with and resolved by the board; and 7-44 (2) make the information available to the public and 7-45 appropriate state agencies. 7-46 Sec. 5.02. COMPLAINTS. (a) A person may file a complaint 7-47 alleging a violation of this Act or a rule adopted under this Act. 7-48 (b) A complaint must be: 7-49 (1) in writing; 7-50 (2) sworn to by the person making the complaint; and 7-51 (3) filed with the secretary-treasurer. 7-52 Sec. 5.03. RECORDS OF COMPLAINTS. (a) The board shall 7-53 maintain a file on each complaint filed with the board. The file 7-54 must include: 7-55 (1) the name of the person who filed the complaint; 7-56 (2) the date the complaint is received by the board; 7-57 (3) the subject matter of the complaint; 7-58 (4) the name of each person contacted in relation to 7-59 the complaint; 7-60 (5) a summary of the results of the review or 7-61 investigation of the complaint; and 7-62 (6) an explanation of the reason the file was closed, 7-63 if the board closed the file without taking action other than to 7-64 investigate the complaint. 7-65 (b) The board, at least quarterly until final disposition of 7-66 the complaint, shall notify the person filing the complaint and 7-67 each person who is a subject of the complaint of the status of the 7-68 investigation unless the notice would jeopardize an undercover 7-69 investigation. 8-1 Sec. 5.04. COMPLAINT INVESTIGATION AND DISPOSITION. 8-2 (a) The board shall provide to the person filing the complaint and 8-3 to each person who is a subject of the complaint a copy of the 8-4 board's policies and procedures relating to complaint investigation 8-5 and resolution. 8-6 (b) The board shall investigate all complaints brought to 8-7 its attention and may employ investigators, expert witnesses, and 8-8 hearing officers, appoint advisory committees, and conduct hearings 8-9 to determine whether disciplinary or other action should be taken. 8-10 Sec. 5.05. PUBLIC PARTICIPATION. The board shall develop 8-11 and implement policies that provide the public with a reasonable 8-12 opportunity to appear before the board and to speak on any issue 8-13 under the jurisdiction of the board. 8-14 SUBCHAPTER F. LICENSE REQUIREMENTS 8-15 Sec. 6.01. LICENSE REQUIRED. (a) Unless exempted by this 8-16 Act, a person may not engage in the public practice of geoscience 8-17 unless the person holds a license issued under this Act. 8-18 (b) Unless the person is licensed under this Act, a person 8-19 may not: 8-20 (1) use the term "Licensed Professional Geoscientist" 8-21 or the initials "P.G." as part of a professional, business, or 8-22 commercial identification or title; or 8-23 (2) otherwise represent to the public that the person 8-24 is qualified to: 8-25 (A) practice as a geoscientist; or 8-26 (B) engage in the public practice of geoscience. 8-27 (c) A person may not take responsible charge of a 8-28 geoscientific report or a geoscientific portion of a report 8-29 required by municipal or county ordinance, state or federal law, 8-30 state agency rule, or federal regulation that incorporates or is 8-31 based on a geoscientific study or geoscientific data unless the 8-32 person is licensed under this Act. 8-33 Sec. 6.02. EXEMPTIONS. The following activities do not 8-34 require a license under this Act: 8-35 (1) geoscientific work performed by an employee or a 8-36 subordinate of a license holder under this Act if the work does not 8-37 include the responsible charge of geoscientific work and is 8-38 performed under the direct supervision of a licensed geoscientist 8-39 who is responsible for the work; 8-40 (2) geoscientific work performed by an officer or 8-41 employee of the United States practicing solely as such an officer 8-42 or employee; 8-43 (3) geoscientific work performed exclusively in 8-44 exploring for and developing oil, gas, or other energy resources, 8-45 base metals, or precious or nonprecious minerals, including sand, 8-46 gravel, or aggregate, if the work is done in and for the benefit of 8-47 private industry; 8-48 (4) geoscientific research conducted through an 8-49 academic institution, local, state, or federal governmental agency, 8-50 nonprofit research institution, or for-profit organization, 8-51 including submission of a report on the research to a public 8-52 agency, unless the work is covered by Section 6.01(c) of this Act; 8-53 (5) teaching geoscience or a related physical or 8-54 natural science; 8-55 (6) work customarily performed by a cartographer, 8-56 technician, or physical or natural scientist, including a 8-57 geologist, geophysicist, soil scientist, chemist, archaeologist, 8-58 geographer, or oceanographer, if the work does not include the 8-59 public practice of geoscience; 8-60 (7) work performed by an archaeologist, geoscientist, 8-61 or other person conducting a stratigraphic or historical geological 8-62 investigation for archaeological purposes; 8-63 (8) testifying or preparing and presenting an exhibit 8-64 or document for the sole purpose of being placed in evidence before 8-65 an administrative or judicial tribunal or hearing if the testimony, 8-66 exhibit, or document does not imply that the person is licensed 8-67 under this Act; 8-68 (9) the evaluation by a state agency, as defined by 8-69 Section 2001.003, Government Code, or by a hearing examiner of an 9-1 exhibit or document offered or placed in evidence before an 9-2 administrative tribunal; or 9-3 (10) the determination of the suitability of a site 9-4 for a specific on-site sewage disposal system by a site evaluator 9-5 certified by the Texas Natural Resource Conservation Commission. 9-6 Sec. 6.03. LICENSE APPLICATION. (a) An applicant for a 9-7 license under this Act, including an applicant for a temporary or 9-8 reciprocal license, must apply on a form prescribed by the board 9-9 that is signed and sworn to by the applicant before a notary 9-10 public. 9-11 (b) The application must include: 9-12 (1) information concerning the applicant's education; 9-13 (2) a detailed summary of the applicant's relevant 9-14 work experience; and 9-15 (3) a signed statement that the applicant has read and 9-16 will comply with the code of professional conduct adopted under 9-17 this Act. 9-18 (c) The application must be accompanied by: 9-19 (1) not fewer than five reference letters, of which 9-20 not fewer than three are from geoscientists, or other professionals 9-21 acceptable to the board, who have personal knowledge of the 9-22 applicant's relevant work experience; and 9-23 (2) the appropriate application fee. 9-24 Sec. 6.04. EXAMINATIONS. (a) The board may prepare, 9-25 administer, and grade oral and written examinations required or 9-26 permitted under this Act. 9-27 (b) The board may adopt or recognize, in whole or in part, 9-28 an examination prepared, administered, or graded by another 9-29 organization, on a regional or national basis, that the board 9-30 determines appropriate to measure the qualifications of an 9-31 applicant for a license under this Act if: 9-32 (1) the examination questions, the correct answers, 9-33 and the applicant's completed examination are available to the 9-34 board; and 9-35 (2) the board retains the authority to determine a 9-36 passing grade for a license in this state. 9-37 Sec. 6.05. LICENSE ELIGIBILITY. (a) To be eligible for a 9-38 license under this Act, an applicant must: 9-39 (1) be of good moral and ethical character as attested 9-40 to by letters of reference submitted in behalf of the applicant or 9-41 as otherwise determined by the board; 9-42 (2) have: 9-43 (A) graduated from a course of study in a 9-44 discipline of geoscience satisfactory to the board that consists of 9-45 at least four years of study and includes at least 30 semester 9-46 hours or 45 quarter hours of credit in geoscience, of which at 9-47 least 20 semester hours or 30 quarter hours of credit must be in 9-48 upper-level college courses in that discipline; or 9-49 (B) satisfactorily completed other equivalent 9-50 educational requirements as determined by the board; 9-51 (3) have a documented record of at least five years of 9-52 qualifying work experience, as provided by Section 6.06 of this 9-53 Act, that demonstrates that the applicant is qualified to assume 9-54 responsible charge of geoscientific work; 9-55 (4) pass an examination required by the board covering 9-56 the fundamentals and practice of the appropriate discipline of 9-57 geoscience; and 9-58 (5) meet any other requirements established by the 9-59 board. 9-60 (b) The board may accept qualifying work experience in lieu 9-61 of the education required by Subsection (a)(2) of this section. 9-62 Sec. 6.06. QUALIFYING WORK EXPERIENCE. (a) The board shall 9-63 apply the following standards in evaluating the work experience of 9-64 an applicant for a license under Section 6.05 of this Act: 9-65 (1) each year of work experience acceptable to the 9-66 board constitutes one year of qualifying work experience if the 9-67 experience was acquired under the direct supervision of: 9-68 (A) a geoscientist who is licensed in this state 9-69 or in another state under requirements for licensure or 10-1 registration that are comparable to those in this Act; 10-2 (B) a geoscientist who meets the educational and 10-3 work experience requirements for licensure but is not required to 10-4 be licensed under this Act; or 10-5 (C) another professional acceptable to the 10-6 board; 10-7 (2) each year of work experience acceptable to the 10-8 board and acquired before September 1, 2003, constitutes one year 10-9 of qualifying work experience if the experience: 10-10 (A) was acquired under the direct supervision 10-11 of: 10-12 (i) a geoscientist who meets the 10-13 educational and work experience requirements for a license under 10-14 this Act; 10-15 (ii) a geoscientist who is licensed or 10-16 registered under comparable requirements in another state; or 10-17 (iii) another professional acceptable to 10-18 the board; or 10-19 (B) would constitute the responsible charge of 10-20 professional geoscientific work as determined by the board; and 10-21 (3) each year of full-time graduate study in a 10-22 discipline of geoscience that is acceptable to the board 10-23 constitutes one year of qualifying work experience. 10-24 (b) The board may accept research in or the teaching of a 10-25 discipline of geoscience at the college or university level as 10-26 qualifying work experience if the research or teaching, in the 10-27 judgment of the board, is comparable to work experience obtained in 10-28 the practice of geoscience. 10-29 (c) For purposes of Subsection (a)(3) of this section, the 10-30 board may not accept more than two years of full-time graduate 10-31 study in a discipline of geoscience as qualifying work experience. 10-32 Sec. 6.07. RECIPROCAL LICENSE. (a) The board by rule may 10-33 authorize the licensing of a person who has not met the examination 10-34 requirement of Section 6.05(a)(4) of this Act if the person is 10-35 licensed or registered to practice a discipline of geoscience under 10-36 the law of another state, a territory or possession of the United 10-37 States, the District of Columbia, or a foreign country. 10-38 (b) The board may issue a license to an applicant who 10-39 provides proof of licensure or registration under requirements that 10-40 the board determines to be substantially similar to those 10-41 established by this Act and who pays the required fees. 10-42 Sec. 6.08. TEMPORARY LICENSE. (a) The board may issue a 10-43 temporary license to a person who: 10-44 (1) is not a resident of this state and does not have 10-45 an established place of business in this state but who seeks to 10-46 engage in the public practice of geoscience in this state for a 10-47 temporary period; or 10-48 (2) applies for a reciprocal license and seeks to 10-49 engage in the public practice of geoscience pending a determination 10-50 on the application for the reciprocal license. 10-51 (b) An applicant for a temporary license must: 10-52 (1) apply to the board for a temporary license, 10-53 provide proof of licensure or registration in another state, the 10-54 District of Columbia, a territory or possession of the United 10-55 States, or a foreign country, and pay the required fees; 10-56 (2) agree to comply with the signature requirements of 10-57 Section 6.13(b) of this Act and to affix the person's seal from the 10-58 jurisdiction in which the person is licensed or registered on all 10-59 work completed while practicing under the temporary license; and 10-60 (3) file the required information and reports and 10-61 comply with other requirements established by the board concerning 10-62 the person's temporary practice. 10-63 (c) A temporary license issued under Subsection (a)(1) of 10-64 this section expires on the 90th day after the date of issuance. A 10-65 temporary license issued under Subsection (a)(2) of this section 10-66 expires on the date the reciprocal license is issued or denied. 10-67 Sec. 6.09. WAIVER OF REQUIREMENTS. (a) Except for the 10-68 payment of required fees, the board may waive any of the 10-69 requirements for licensure by a two-thirds vote of the entire board 11-1 if the applicant makes a written request and shows good cause and 11-2 the board determines that the applicant is otherwise qualified for 11-3 a license. 11-4 (b) Each requirement waived under this section and the basis 11-5 for the waiver must be recorded in the applicant's record and in 11-6 the proceedings of the board. 11-7 Sec. 6.10. CONFIDENTIALITY OF CERTAIN INFORMATION. A 11-8 statement made by a person who provides a reference for an 11-9 applicant for a license under this Act or provides any information 11-10 compiled by or submitted to the board relating to an applicant is 11-11 privileged and confidential and may be used only by the board or an 11-12 employee or agent of the board who is directly involved in the 11-13 application or licensure process. Confidential information under 11-14 this section is not subject to discovery, subpoena, or other 11-15 disclosure in any proceeding. 11-16 Sec. 6.11. ISSUANCE OF LICENSE. (a) The board shall issue 11-17 a license to an applicant who meets the requirements of this Act on 11-18 payment of the applicable license fee. 11-19 (b) The license must: 11-20 (1) show the full name of the license holder; 11-21 (2) have a serial number; 11-22 (3) state the license holder's discipline of 11-23 geoscience; and 11-24 (4) be signed by an appropriate officer of the board 11-25 under the board's seal. 11-26 (c) The issuance by the board of a license is prima facie 11-27 evidence that during the term of the license the license holder is 11-28 entitled to all the rights and privileges of a licensed 11-29 geoscientist. 11-30 (d) A licensed geoscientist may engage in the practice of 11-31 any discipline of geoscience regardless of the discipline of 11-32 geoscience stated on the person's license. 11-33 Sec. 6.12. LICENSE DURATION; EXPIRATION. (a) A license is 11-34 valid for a period not to exceed three years and expires according 11-35 to a schedule established by board rule. 11-36 (b) On expiration, a license is invalid and may not be 11-37 renewed except as provided by this Act. 11-38 Sec. 6.13. SEAL. (a) On issuance of a license, the license 11-39 holder must obtain a seal of a design established by the board 11-40 bearing: 11-41 (1) the license holder's name; 11-42 (2) the license number; 11-43 (3) the words "Licensed Professional Geoscientist"; 11-44 and 11-45 (4) the license holder's discipline of geoscience. 11-46 (b) A geoscientific report, document, or other record, as 11-47 defined by the board, that is offered to the public and prepared or 11-48 issued by or under the supervision of a licensed geoscientist must, 11-49 in accordance with rules adopted by the board, include the full 11-50 name, signature, and license number of the license holder who 11-51 prepared the report, document, or other record or under whose 11-52 supervision it was prepared and bear an impression of the license 11-53 holder's seal. 11-54 Sec. 6.14. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED 11-55 LICENSE. The board shall issue a new license to replace a license 11-56 that has been lost, destroyed, or mutilated, subject to the rules 11-57 and fees adopted by the board. 11-58 SUBCHAPTER G. LICENSE RENEWAL 11-59 Sec. 7.01. LICENSE RENEWAL. (a) Not later than the 60th 11-60 day before the date the license expires, the board shall notify a 11-61 license holder of: 11-62 (1) the date the license expires; and 11-63 (2) the amount of the fee required for renewal. 11-64 (b) The board shall renew the license of a license holder 11-65 who before the date the license expires or within a period not to 11-66 exceed 60 days after the expiration date: 11-67 (1) submits the required renewal application and fee 11-68 and a penalty for late renewal, if required; and 11-69 (2) meets the requirements for renewal established by 12-1 the board. 12-2 (c) The board by rule may establish conditions and fees for 12-3 the reissuance of a license that has lapsed, expired, or been 12-4 suspended or revoked. 12-5 Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION. As a 12-6 condition for renewal of a license, the board may require each 12-7 license holder to participate in continuing professional education 12-8 on a periodic or other basis. 12-9 SUBCHAPTER H. PUBLIC PRACTICE OF GEOSCIENCE 12-10 Sec. 8.01. PUBLIC PRACTICE OF GEOSCIENCE BY FIRM OR 12-11 CORPORATION. (a) A firm or corporation may engage in the public 12-12 practice of geoscience only if: 12-13 (1) the geoscientific work is performed by, or under 12-14 the supervision of, a licensed geoscientist who is in responsible 12-15 charge of the work and who signs and seals all geoscientific 12-16 reports, documents, and other records as required by this Act; or 12-17 (2) the principal business of the firm or corporation 12-18 is the public practice of geoscience as determined by board rule 12-19 and a principal of the firm or an officer or director of the 12-20 corporation is a licensed geoscientist and has overall supervision 12-21 and control of the geoscientific work performed in this state. 12-22 (b) The board may adopt rules relating to the public 12-23 practice of geoscience by a firm or corporation. Rules adopted 12-24 under this section must recognize that this Act does not apply to a 12-25 licensed professional engineer or engineering firm that performs 12-26 service or work that is both engineering and geoscience. A firm 12-27 that engages in the practice of both engineering and geoscience is 12-28 exempt from any firm registration requirements created under this 12-29 subsection. 12-30 (c) Except as provided by this section, an individual, firm, 12-31 or corporation may not represent to the public that the individual, 12-32 firm, or corporation is a licensed geoscientist or able to perform 12-33 geoscientific services or prepare a geoscientific report, document, 12-34 or other record that requires the signature and seal of a license 12-35 holder under Section 6.13(b) of this Act. 12-36 SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES 12-37 Sec. 9.01. DENIAL OF LICENSE. (a) The board may deny a 12-38 license: 12-39 (1) to an applicant who fails to satisfy a requirement 12-40 of this Act; or 12-41 (2) on a determination by the board that there is 12-42 probable cause to believe that an applicant has violated: 12-43 (A) this Act; 12-44 (B) a provision of this Act to which a license 12-45 holder would be subject; or 12-46 (C) a comparable provision in the licensing or 12-47 registration law of another state. 12-48 (b) The board may not issue a license pending the 12-49 disposition of a complaint alleging a violation in this or another 12-50 state if the board has notice of the alleged violation. 12-51 (c) The board shall notify an applicant who is denied a 12-52 license of the reason for denial in writing not later than the 30th 12-53 day after the date of the board's decision. Not later than the 12-54 30th day after the date of receipt of the notice, the applicant may 12-55 make a written request for a hearing. In the absence of a request 12-56 for a hearing, the board's action is final. 12-57 Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION. The board may 12-58 impose appropriate sanctions for: 12-59 (1) the practice of fraud or deceit in obtaining a 12-60 license as a geoscientist; 12-61 (2) incompetence, misconduct, fraud, gross negligence, 12-62 or repeated incidents of negligence in the public practice of 12-63 geoscience; 12-64 (3) conviction of a license holder of a crime 12-65 involving moral turpitude or a felony; 12-66 (4) the imposition of an administrative or civil 12-67 penalty or a criminal fine, or imprisonment or probation instead of 12-68 a fine, for a misdemeanor relating to or arising out of the public 12-69 practice of geoscience; 13-1 (5) the issuance of a cease and desist order or a 13-2 similar sanction relating to or arising out of the public practice 13-3 of geoscience; 13-4 (6) using the seal of another license holder or using 13-5 or allowing the use of the license holder's seal on geoscientific 13-6 work not performed by or under the supervision of the license 13-7 holder; 13-8 (7) aiding or abetting a person in a violation of this 13-9 Act; 13-10 (8) the revocation or suspension of a license, the 13-11 denial of renewal of a license, or other disciplinary action taken 13-12 by a state agency, board of registration, or similar licensing 13-13 agency for geoscientists or a profession or occupation related to 13-14 the public practice of geoscience; 13-15 (9) practicing or offering to practice geoscience or 13-16 representing to the public that the person or the person's firm or 13-17 corporation is licensed or qualified to practice geoscience if the 13-18 person is not licensed under this Act or the person's firm or 13-19 corporation does not employ a licensed geoscientist as required 13-20 under this Act; or 13-21 (10) violating this Act, a rule adopted under this 13-22 Act, including the code of professional conduct, or a comparable 13-23 provision of the laws or rules regulating the practice of 13-24 geoscience in another state or country. 13-25 Sec. 9.03. DISCIPLINARY ACTIONS. (a) The board may take 13-26 the following disciplinary actions: 13-27 (1) refuse to issue or renew a license; 13-28 (2) permanently revoke a license; 13-29 (3) suspend a license for a specified time, not to 13-30 exceed three years, to take effect immediately notwithstanding an 13-31 appeal if the board determines that the license holder's continued 13-32 practice constitutes an imminent danger to the public health, 13-33 safety, or welfare; 13-34 (4) issue a public or private reprimand to an 13-35 applicant, a license holder, or an individual, firm, or corporation 13-36 practicing geoscience under this Act; 13-37 (5) impose limitations, conditions, or restrictions on 13-38 the practice of an applicant, a license holder, or an individual, 13-39 firm, or corporation practicing geoscience under this Act; 13-40 (6) require that a license holder participate in a 13-41 peer review program under rules adopted by the board; 13-42 (7) require that a license holder obtain remedial 13-43 education and training prescribed by the board; 13-44 (8) impose probation on a license holder requiring 13-45 regular reporting to the board; 13-46 (9) require restitution, in whole or in part, of 13-47 compensation or fees earned by a license holder, individual, firm, 13-48 or corporation practicing geoscience under this Act; 13-49 (10) impose an appropriate administrative penalty as 13-50 provided by Subchapter J of this Act for a violation of this Act or 13-51 a rule adopted under this Act on a license holder or a person who 13-52 is not licensed and is not exempt from licensure under this Act; or 13-53 (11) issue a cease and desist order. 13-54 (b) The board may not impose a sanction for a ground 13-55 described by Section 9.02(8) of this Act that exceeds in severity 13-56 or duration the sanction on which the board's action is based. 13-57 Sec. 9.04. RIGHT TO HEARING. A person is entitled to a 13-58 hearing before the board may suspend or revoke the person's 13-59 license. 13-60 Sec. 9.05. REINSTATEMENT. (a) On application, the board 13-61 may reinstate a license to engage in the public practice of 13-62 geoscience to a person whose license has been revoked if a majority 13-63 of the entire board votes in favor of the reinstatement. 13-64 (b) As a condition for reinstatement, the board may: 13-65 (1) review the applicant's qualifications and 13-66 experience; 13-67 (2) require continuing professional education; 13-68 (3) conduct a reexamination on a periodic or other 13-69 basis; or 14-1 (4) require other evidence of the competence of the 14-2 applicant. 14-3 SUBCHAPTER J. ADMINISTRATIVE PENALTY 14-4 Sec. 10.01. IMPOSITION OF PENALTY. The board may impose an 14-5 administrative penalty against a person licensed under this Act or 14-6 any other person who violates this Act or a rule adopted or order 14-7 issued under this Act. 14-8 Sec. 10.02. AMOUNT OF PENALTY. (a) The board may include 14-9 in the amount of the administrative penalty the actual costs of 14-10 investigating and prosecuting the violation. 14-11 (b) The amount of the penalty may not exceed $100 for each 14-12 violation. Each day a violation continues or occurs is a separate 14-13 violation for purposes of imposing a penalty. 14-14 (c) The amount of the penalty shall be based on: 14-15 (1) the seriousness of the violation, including: 14-16 (A) the nature, circumstances, extent, and 14-17 gravity of any prohibited acts; and 14-18 (B) the hazard or potential hazard created to 14-19 the health, safety, or economic welfare of the public; 14-20 (2) the economic harm to property or the environment 14-21 caused by the violation; 14-22 (3) the history of previous violations; 14-23 (4) the amount necessary to deter a future violation; 14-24 (5) efforts or resistance to efforts to correct the 14-25 violation; and 14-26 (6) any other matter that justice may require. 14-27 Sec. 10.03. ADMINISTRATIVE PROCEDURE. (a) The board shall 14-28 adopt rules of procedure for the imposition of an administrative 14-29 penalty. 14-30 (b) Rules adopted under this section must conform to the 14-31 requirements of Chapter 2001, Government Code. 14-32 (c) A proceeding to impose the penalty is considered to be a 14-33 contested case under Chapter 2001, Government Code. 14-34 Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL. 14-35 (a) Not later than the 30th day after the date the board's order 14-36 becomes final, the person shall: 14-37 (1) pay the administrative penalty; 14-38 (2) pay the penalty and file a petition for judicial 14-39 review contesting the occurrence of the violation, the amount of 14-40 the penalty, or both; or 14-41 (3) without paying the penalty, file a petition for 14-42 judicial review contesting the occurrence of the violation, the 14-43 amount of the penalty, or both. 14-44 (b) Within the 30-day period, a person who acts under 14-45 Subsection (a)(3) of this section may: 14-46 (1) stay enforcement of the penalty by: 14-47 (A) paying the penalty to the court for 14-48 placement in an escrow account; or 14-49 (B) giving to the court a supersedeas bond 14-50 approved by the court for the amount of the penalty that is 14-51 effective until judicial review of the board's order is final; or 14-52 (2) request the court to stay enforcement of the 14-53 penalty by: 14-54 (A) filing with the court a sworn affidavit of 14-55 the person stating that the person is financially unable to pay the 14-56 penalty and is financially unable to give the supersedeas bond; and 14-57 (B) giving a copy of the affidavit to the 14-58 executive director by certified mail. 14-59 (c) On receipt of a copy of an affidavit under Subsection 14-60 (b)(2) of this section, the executive director may file with the 14-61 court, not later than the fifth day after the date the copy is 14-62 received, a contest to the affidavit. The court shall hold a 14-63 hearing on the facts alleged in the affidavit as soon as 14-64 practicable and shall stay the enforcement of the penalty on 14-65 finding that the alleged facts are true. The person who files the 14-66 affidavit has the burden of proving that the person is financially 14-67 unable to pay the penalty and to give a supersedeas bond. 14-68 Sec. 10.05. COLLECTION OF PENALTY. If the person does not 14-69 pay the administrative penalty and the enforcement of the penalty 15-1 is not stayed, the executive director may refer the matter to the 15-2 attorney general for collection of the penalty. 15-3 Sec. 10.06. STANDARD OF JUDICIAL REVIEW. The order of the 15-4 board is subject to judicial review under the substantial evidence 15-5 rule. 15-6 Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST. (a) If the 15-7 court sustains the occurrence of the violation, the court may 15-8 uphold or reduce the amount of the administrative penalty and order 15-9 the person to pay the full or reduced penalty. If the court does 15-10 not sustain the occurrence of the violation, the court shall order 15-11 that a penalty is not owed. 15-12 (b) If after judicial review the administrative penalty is 15-13 reduced or not imposed by the court, the court shall, after the 15-14 judgment becomes final: 15-15 (1) order that the appropriate amount, plus accrued 15-16 interest, be remitted to the person if the person paid the penalty; 15-17 or 15-18 (2) order the release of the bond if the penalty is 15-19 not imposed or order the release of the bond after the person pays 15-20 the penalty if the person posted a supersedeas bond. 15-21 (c) Interest accrues under Subsection (b)(1) of this section 15-22 at the rate charged on loans to depository institutions by the New 15-23 York Federal Reserve Bank. The interest shall be paid for the 15-24 period beginning on the date the penalty is paid and ending on the 15-25 date the penalty is remitted. 15-26 SUBCHAPTER K. OTHER ENFORCEMENT PROVISIONS 15-27 Sec. 11.01. INJUNCTION. The board may seek an injunction 15-28 against a violation of this Act or a rule adopted under this Act. 15-29 SUBCHAPTER L. TRANSITION 15-30 Sec. 12.01. TRANSITION. (a) The governor shall make the 15-31 initial appointments to the board before November 1, 2001, as 15-32 follows: 15-33 (1) three members for terms expiring in 2003; 15-34 (2) three members for terms expiring in 2005; and 15-35 (3) three members for terms expiring in 2007. 15-36 (b) Notwithstanding Section 2.01(c) of this Act, an initial 15-37 member of the board who is required to be a licensed geoscientist 15-38 is eligible for appointment to the board if the member fulfills the 15-39 requirements of Section 6.05 of this Act, other than the 15-40 examination requirement of Section 6.05(a)(4) of this Act. It is a 15-41 ground for removal from the board on or after September 1, 2003, 15-42 that the member has not obtained a license under this Act. 15-43 (c) The board shall hold its first meeting before January 1, 15-44 2002. The board shall adopt rules under this Act not later than 15-45 September 1, 2002. 15-46 (d) A person is not required to obtain a license under this 15-47 Act until September 1, 2003. 15-48 (e) Notwithstanding Subsection (d) of this section, a person 15-49 who is engaged in the public practice of geoscience before 15-50 September 1, 2003, and who applies for a license under this Act 15-51 before that date may continue to engage in that practice until the 15-52 board acts on the person's application. A person described by this 15-53 subsection may be qualified for licensure without passing the 15-54 written examination described by Section 6.05(a)(4) of this Act if 15-55 the person fulfills the other requirements of Section 6.05 of this 15-56 Act. 15-57 SECTION 2. EFFECTIVE DATE. This Act takes effect September 15-58 1, 2001, except that Section 6.01 and Subchapter J, Texas 15-59 Geoscience Practice Act, as adopted by this Act, take effect 15-60 September 1, 2003. 15-61 * * * * *