86R17427 MP-D
 
  By: Thompson of Harris H.B. No. 1311
 
  Substitute the following for H.B. No. 1311:
 
  By:  Thompson of Harris C.S.H.B. No. 1311
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Board of
  Professional Geoscientists.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1002.003, Occupations Code, is amended
  to read as follows:
         Sec. 1002.003.  APPLICATION OF SUNSET ACT. The Texas Board
  of Professional Geoscientists is subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the board is abolished and this chapter expires
  September 1, 2025 [2019].
         SECTION 2.  Section 1002.057, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The governor shall designate a member of the board as
  the presiding officer of the board to serve in that capacity at the
  pleasure of the governor.
         (a-1)  The board shall elect biennially from its own
  membership an [a presiding officer,] assistant presiding
  officer[,] and a secretary-treasurer. A member may not hold a
  position described by this subsection [one of those positions] for
  more than two consecutive two-year periods. A member serves in a 
  [the] position described by this subsection at the will of the board
  and may be removed from that [the] position by a two-thirds majority
  vote of the board.
         SECTION 3.  Section 1002.060, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations [legislation
  that created the board];
               (2)  the board's programs, functions, rules, and budget
  [operated by the board];
               (3)  the scope of and limitations on the rulemaking
  authority of the board [role and functions of the board];
               (4)  the types of board rules, interpretations, and
  enforcement actions that may implicate federal antitrust law by
  limiting competition or impacting prices charged by persons engaged
  in a profession or business the board regulates, including any
  rule, interpretation, or enforcement action that:
                     (A)  regulates the scope of practice of persons in
  a profession or business the board regulates;
                     (B)  restricts advertising by persons in a
  profession or business the board regulates;
                     (C)  affects the price of goods or services
  provided by persons in a profession or business the board
  regulates; or
                     (D)  restricts participation in a profession or
  business the board regulates [rules of the board, with an emphasis
  on the rules that relate to disciplinary and investigative
  authority];
               (5)  [the current budget for the board;
               [(6)] the results of the most recent formal audit of the
  board;
               (6) [(7)]  the requirements of:
                     (A)  laws relating to [the] open meetings, [law,
  Chapter 551, Government Code;
                     [(B)  the] public information, [law, Chapter 552,
  Government Code;
                     [(C)  the] administrative procedure, and
  disclosure of conflicts of interest [law, Chapter 2001, Government
  Code]; and
                     (B) [(D)]  other laws applicable to members of a
  state policymaking body in performing their duties [relating to
  public officials, including conflict-of-interest laws]; and
               (7) [(8)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director of the board shall create a
  training manual that includes the information required by
  Subsection (b).  The executive director shall distribute a copy of
  the training manual annually to each member of the board.  Each
  member of the board shall sign and submit to the executive director
  a statement acknowledging that the member received and has reviewed
  the training manual.
         SECTION 4.  Subchapter D, Chapter 1002, Occupations Code, is
  amended by adding Section 1002.1511 to read as follows:
         Sec. 1002.1511.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION. (a) The board shall develop a policy to encourage the
  use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 5.  Section 1002.204, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  The board shall maintain a system to promptly and
  efficiently act on complaints filed with the board.  The board shall
  provide to the person filing the complaint and to each person who is
  a subject of the complaint a copy of the board's policies and
  procedures relating to complaint investigation and resolution.
         (c)  The board may employ or contract with advisors,
  consultants, geoscientists, engineers, or other persons to provide
  technical assistance in investigations and disciplinary
  proceedings.  Except for an action involving fraud, conspiracy, or
  malice, a person whose services are obtained by the board under this
  subsection is immune from civil liability and may not be subjected
  to a suit for damages for any investigation, report,
  recommendation, statement, evaluation, finding made, or other
  action taken in the course of performing the person's official
  duties.
         SECTION 6.  Sections 1002.253(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  An applicant for a license under this chapter, including
  an applicant for a temporary or reciprocal license, must apply on a
  form prescribed by the board that is signed [and sworn to] by the
  applicant [before a notary public].
         (c)  The application must be accompanied by[:
               [(1)     not fewer than five reference letters, of which
  not fewer than three are from geoscientists, or other professionals
  acceptable to the board, who have personal knowledge of the
  applicant's relevant work experience; and
               [(2)]  the appropriate application fee.
         SECTION 7.  Section 1002.255, Occupations Code, is amended
  to read as follows:
         Sec. 1002.255.  LICENSE ELIGIBILITY.  (a)  To be eligible for
  a license under this chapter, an applicant must:
               (1)  [be of good moral and ethical character as
  attested to by letters of reference submitted in behalf of the
  applicant or as otherwise determined by the board;
               [(2)]  have:
                     (A)  graduated from a course of study in a
  discipline of geoscience satisfactory to the board that consists of
  at least four years of study and includes at least 30 semester hours
  or 45 quarter hours of credit in geoscience, of which at least 20
  semester hours or 30 quarter hours of credit must be in upper-level
  college courses in that discipline; or
                     (B)  satisfactorily completed other equivalent
  educational requirements as determined by the board;
               (2)  [(3)]  have a documented record of at least five
  years of qualifying work experience, as provided by Section
  1002.256, that demonstrates that the applicant is qualified to
  assume responsible charge of geoscientific work;
               (3)  [(4)]  pass an examination required by the board
  covering the fundamentals and practice of the appropriate
  discipline of geoscience; and
               (4)  [(5)]  meet any other requirements established by
  the board.
         (b)  The board may accept qualifying work experience in lieu
  of the education required by Subsection (a)(1) [(a)(2)].
         SECTION 8.  Section 1002.257(a), Occupations Code, is
  amended to read as follows:
         (a)  The board by rule may authorize the licensing of a
  person who has not met the examination requirement of Section
  1002.255(a)(3) [1002.255(a)(4)] if the person is licensed or
  registered to practice a discipline of geoscience under the law of
  another state or a foreign country.
         SECTION 9.  Section 1002.260, Occupations Code, is amended
  to read as follows:
         Sec. 1002.260.  CONFIDENTIALITY OF CERTAIN INFORMATION. A
  statement made by a person who provides [a reference for an
  applicant for a license under this chapter or provides] any
  information compiled by or submitted to the board relating to an
  applicant is privileged and confidential and may be used only by the
  board or an employee or agent of the board who is directly involved
  in the application or licensure process.  Confidential information
  under this section is not subject to discovery, subpoena, or other
  disclosure in any proceeding.
         SECTION 10.  Section 1002.452(b), Occupations Code, is
  amended to read as follows:
         (b)  The amount of the penalty may not exceed $1,500 [$100]
  for each violation.  Each day a violation continues or occurs is a
  separate violation for purposes of imposing a penalty.
         SECTION 11.  (a) Except as provided by Subsection (b) of
  this section, Section 1002.060, Occupations Code, as amended by
  this Act, applies to a member of the Texas Board of Professional
  Geoscientists appointed before, on, or after the effective date of
  this Act.
         (b)  A member of the Texas Board of Professional
  Geoscientists who, before the effective date of this Act, completed
  the training program required by Section 1002.060, Occupations
  Code, as that law existed before the effective date of this Act, is
  required to complete additional training only on subjects added by
  this Act to the training program as required by Section 1002.060,
  Occupations Code, as amended by this Act. A board member described
  by this subsection may not vote, deliberate, or be counted as a
  member in attendance at a meeting of the board held on or after
  December 1, 2019, until the member completes the additional
  training.
         SECTION 12.  Sections 1002.253 and 1002.255, Occupations
  Code, as amended by this Act, apply only to an application for a
  license to practice geoscience filed on or after the effective date
  of this Act. An application for a license filed before the
  effective date of this Act is governed by the law in effect on the
  date the application was filed, and the former law is continued in
  effect for that purpose.
         SECTION 13.  As soon as practicable after the effective date
  of this Act, the governor shall designate a member of the Texas
  Board of Professional Geoscientists as the presiding officer of the
  board pursuant to Section 1002.057, Occupations Code, as amended by
  this Act.
         SECTION 14.  Section 1002.452, Occupations Code, as amended
  by this Act, applies only to conduct that occurs on or after the
  effective date of this Act.  Conduct that occurs before the
  effective date of this Act is governed by the law in effect on the
  date the conduct occurred, and the former law is continued in effect
  for that purpose.
         SECTION 15.  This Act takes effect September 1, 2019.