|
|
|
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. |