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                                 * * * * *