By: Wentworth S.B. No. 940
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of the public practice of geoscience.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1002.002, Occupations Code, is amended
  by adding Subdivisions (3-a) and (4-a) and amending Subdivision (5)
  to read as follows:
               (3-a)  "Geoscience firm" means a firm, corporation, or
  other business entity as defined by the board and registered by the
  board to engage in the public practice of geoscience.
               (4-a)  "Geoscientist in training" means a person
  registered by the board on the basis of education and who meets
  other requirements established by the board but who is not fully
  qualified to become a licensed geoscientist under this chapter.
               (5)  "Licensed geoscientist" or "professional
  geoscientist" means a person who holds a license issued by the board
  under this chapter.
         SECTION 2.  Section 1002.154, Occupations Code, is amended
  by adding Subsections (a-1) and (a-2) to read as follows:
         (a-1)  Complaints and investigations under this chapter are
  of two types:
               (1)  complaints received from a member of the public;
  and
               (2)  complaints and investigations that are initiated
  by the board as a result of information that becomes known to the
  board or board staff and that may indicate a violation.
         (a-2)  The board by rule shall prioritize complaints and
  investigations.  Rules adopted under this subsection must provide
  that:
               (1)  a complaint that alleges an action that may harm
  the public takes precedence over a complaint that does not allege an
  action that may harm the public or may harm the public to a lesser
  degree; and
               (2)  with regard to complaints that do not allege an
  action that may harm the public, a complaint filed by a member of
  the public takes precedence over a complaint initiated by the
  board.
         SECTION 3.  Section 1002.202, Occupations Code, is amended
  by amending Subsection (b) and adding Subsections (c), (d), (e),
  and (f) to read as follows:
         (b)  A complaint from a member of the public must be:
               (1)  in writing;
               (2)  sworn to by the person making the complaint; and
               (3)  filed with the secretary-treasurer.
         (c)  A complaint that is initiated by the board or board
  staff must be:
               (1)  in writing; and
               (2)  signed by the person who became aware of
  information that may indicate a violation.
         (d)  A complaint must contain sufficient information for the
  board to determine whether the board has the jurisdiction and
  authority to resolve the complaint.  If the board does not have the
  jurisdiction and authority, the board shall dismiss the complaint.  
  A complaint must have sufficient information for the board to
  commence an investigation, though the amount of information
  ultimately required for the board to determine the validity of the
  complaint may be more than the information initially included with
  the complaint.
         (e)  The board shall maintain the confidentiality of a
  complaint from the time of receipt through the conclusion of the
  investigation of the complaint. Complaint information is not
  confidential after the date formal charges are filed.
         (f)  For any complaint determined to be frivolous or without
  merit, the complaint and other information related to the complaint
  are confidential. The information is not subject to discovery,
  subpoena, or other disclosure.  A complaint is considered to be
  frivolous if the executive director and investigator, with board
  approval, determine that the complaint:
               (1)  was made for the likely purpose of harassment; and
               (2)  does not demonstrate apparent harm to any person.
         SECTION 4.  Subchapter H, Chapter 1002, Occupations Code, is
  amended by adding Sections 1002.352 and 1002.353 to read as
  follows:
         Sec. 1002.352.  GEOSCIENTIST IN TRAINING. The board by rule
  shall establish criteria by which an individual who expresses the
  intent to become a licensed geoscientist under this chapter may
  register with the board as a geoscientist in training.
         Sec. 1002.353.  ADVISORY OPINIONS. (a)  On its own
  initiative or at the request of any interested person, the board
  shall prepare a written advisory opinion regarding:
               (1)  an interpretation of this chapter; or
               (2)  the application of this chapter to a person with
  respect to a specified existing or hypothetical factual situation.
         (b)  The board shall respond to a request for an opinion not
  later than the 180th day after the date the request is submitted to
  the board unless the board affirmatively states the board's reason
  for not responding to the request within that period or not
  responding to the request at all.
         (c)  The board shall:
               (1)  number and classify each advisory opinion issued
  under this subchapter; and
               (2)  annually compile a summary of the opinions in a
  single document that is available on the Internet.
         (d)  The authority of the board to issue an advisory opinion
  under this subchapter does not affect the authority of the attorney
  general to issue an opinion as authorized by law.
         (e)  It is a defense to prosecution or to imposition of an
  administrative penalty that a person reasonably relied on a written
  advisory opinion of the board relating to:
               (1)  the provision of the law the person is alleged to
  have violated; or
               (2)  a fact situation that is substantially similar to
  the fact situation in which the person is involved.
         SECTION 5.  This Act takes effect September 1, 2009.