SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 1002.001 - Short Title
This chapter may be cited as the Texas Geoscience Practice Act. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
- Texas Section 1002.002 - Definitions
In this chapter: (1) "Board" means the Texas Board of Professional Geoscientists. (2) "Certified geoscientist" means a geoscientist who has been certified in a discipline...
- Texas Section 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,...
SUBCHAPTER B TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
- Texas Section 1002.004 - Application Of Chapter
(a) In this section: (1) "Driller" has the meaning assigned by Section 1901.001. (2) "Engineer" has the meaning assigned by Section 1001.002. (3) "Installer" has...
- Texas Section 1002.051 - Board Membership
(a) The Texas Board of Professional Geoscientists shall administer this chapter. (b) The board is composed of nine members appointed by the governor with the...
- Texas Section 1002.052 - Member Eligibility
(a) A member of the board must: (1) be a citizen of the United States; (2) have been a resident of this state for at...
- Texas Section 1002.053 - Membership And Employee Restrictions
(a) In this section, "society or trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its...
- Texas Section 1002.054 - Terms
(a) Members of the board serve staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year. (b) A member...
- Texas Section 1002.055 - Grounds For Removal
(a) It is a ground for removal from the board that a member: (1) is no longer qualified for appointment to the board; (2) engages...
- Texas Section 1002.056 - Reimbursement For Travel Expenses
A member of the board is entitled to reimbursement for the travel expenses incurred by the member while conducting the business of the board, as...
- Texas Section 1002.057 - Officers
(a) The board shall elect biennially from its own membership a presiding officer, assistant presiding officer, and secretary-treasurer. A member may not hold one of...
- Texas Section 1002.058 - Office
The board shall maintain its office in Austin. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
- Texas Section 1002.059 - Meetings
The board shall hold at least two regular meetings in each calendar year. A special meeting may be held at a time permitted by board...
SUBCHAPTER C EXECUTIVE DIRECTOR AND PERSONNEL
- Texas Section 1002.060 - Training
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as...
- Texas Section 1002.101 - Executive Director
The board shall appoint an executive director, who shall be responsible for managing the day-to-day affairs of the board, including: (1) arranging for and supervising...
- Texas Section 1002.102 - Receipts And Disbursements
The executive director shall receive, administer, and account for all money received under this chapter and shall transfer the money to the comptroller. Added by...
- Texas Section 1002.103 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and...
- Texas Section 1002.104 - Qualifications And Standards Of Conduct Information
The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding...
- Texas Section 1002.105 - Career Ladder Program; Performance Evaluations
(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement of employees...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 1002.106 - Equal Employment Opportunity Policy
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity...
- Texas Section 1002.151 - General Rulemaking Authority
The board shall adopt and enforce rules consistent with this chapter and necessary for the performance of its duties. Added by Acts 2003, 78th Leg.,...
- Texas Section 1002.152 - Fees
The board may set reasonable and necessary fees to be charged applicants and license holders under this chapter, including fees for application, examination, licensure, and...
- Texas Section 1002.153 - Code Of Professional Conduct
(a) The board by rule shall adopt a code of professional conduct that is binding on all license holders under this chapter. (b) The board...
- Texas Section 1002.154 - Enforcement; Referral Of Complaints And Investigations
(a) The board shall enforce this chapter. Any member of the board may present to a prosecuting officer a complaint relating to a violation of...
- Texas Section 1002.155 - Recognition Of Use Of Designations
(a) The board by rule may recognize the use of the designations used by a professional organization, society, or association that maintains a certification program...
- Texas Section 1002.156 - Establishment Of Disciplines
The board by rule shall establish the disciplines of geoscience in which a person may be licensed and the requirements for eligibility for a license...
- Texas Section 1002.157 - Agreements To Develop Uniform Standards
The board may enter into agreements with licensing or registration boards in other states and other appropriate organizations, societies, associations, and agencies to develop uniform...
- Texas Section 1002.158 - Authority To Incur Administrative Expenses
In administering this chapter, the board may: (1) appoint committees; (2) employ personnel, contractors, and consultants; (3) lease or purchase furnishings, equipment, and supplies; (4)...
- Texas Section 1002.159 - Roster Of License Holders
(a) The board shall maintain a roster stating the name, discipline of geoscience, and place of business of each licensed geoscientist. (b) The board shall...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 1002.160 - List Of Governmental Entities With Comparable Requirements And With Which Reciprocity Agreements Exist
The board shall maintain a list of each state or foreign country in which the requirements and qualifications for licensure or registration are comparable to...
- Texas Section 1002.201 - Public Interest Information
(a) The board shall: (1) prepare information of public interest describing: (A) the regulatory functions of the board; and (B) the board's procedures by which...
- Texas Section 1002.202 - Complaints
(a) A person may file a complaint alleging a violation of this chapter or a rule adopted under this chapter. (b) A complaint from a...
- Texas Section 1002.203 - Records Of Complaints
(a) The board shall maintain a file on each complaint filed with the board. The file must include: (1) the name of the person who...
- Texas Section 1002.204 - Complaint Investigation And Disposition
(a) The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of...
- Texas Section 1002.205 - Public Participation
The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any...
- Texas Section 1002.206 - Complaint Education
(a) In this section, "state agency" has the meaning assigned by Section 57.001. (b) The board shall work with each state agency that uses the...
SUBCHAPTER F LICENSE REQUIREMENTS
- Texas Section 1002.207 - Duty Of State Agency To Report Potential Violation
(a) In this section, "state agency" has the meaning assigned by Section 57.001. (b) A state agency that becomes aware of a potential violation of...
- Texas Section 1002.251 - License Required
(a) Unless exempted by this chapter, a person may not engage in the public practice of geoscience unless the person holds a license issued under...
- Texas Section 1002.252 - Exemptions
The following activities do not require a license under this chapter: (1) geoscientific work performed by an employee or a subordinate of a license holder...
- Texas Section 1002.253 - License Application
(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...
- Texas Section 1002.254 - Examinations
(a) The board may prepare, administer, and grade oral and written examinations required or permitted under this chapter. (b) The board may adopt or recognize,...
- Texas Section 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...
- Texas Section 1002.256 - Qualifying Work Experience
(a) The board shall apply the following standards in evaluating the work experience of an applicant for a license under Section 1002.255: (1) each year...
- Texas Section 1002.257 - Reciprocal License
(a) The board by rule may authorize the licensing of a person who has not met the examination requirement of Section 1002.255(a)(4) if the person...
- Texas Section 1002.258 - Temporary License
(a) The board may issue a temporary license to a person who: (1) is not a resident of this state and does not have an...
- Texas Section 1002.259 - Waiver Of Requirements
(a) Except for the payment of required fees, the board may waive any of the requirements for licensure by a two-thirds vote of the entire...
- Texas Section 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...
- Texas Section 1002.261 - Issuance Of License
(a) The board shall issue a license to an applicant who meets the requirements of this chapter on payment of the applicable license fee. (b)...
- Texas Section 1002.262 - License Duration; Expiration
(a) A license is valid for a period not to exceed three years and expires according to a schedule established by board rule. (b) On...
- Texas Section 1002.263 - Seal
(a) On issuance of a license, the license holder must obtain a seal of a design established by the board bearing: (1) the license holder's...
SUBCHAPTER G LICENSE RENEWAL
- Texas Section 1002.264 - Replacement Of Lost, Destroyed, Or Mutilated License
The board shall issue a new license to replace a license that has been lost, destroyed, or mutilated, subject to the rules and fees adopted...
- Texas Section 1002.301 - License Renewal
(a) Not later than the 60th day before the date the license expires, the board shall notify a license holder of: (1) the date the...
SUBCHAPTER H PUBLIC PRACTICE OF GEOSCIENCE
- Texas Section 1002.302 - Continuing Professional Education
As a condition for renewal of a license, the board may require each license holder to participate in continuing professional education on a periodic or...
- Texas Section 1002.351 - Public Practice Of Geoscience By Firm Or Corporation
(a) A firm or corporation may engage in the public practice of geoscience only if: (1) the geoscientific work is performed by, or under the...
- Texas Section 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...
SUBCHAPTER I LICENSE DENIAL AND DISCIPLINARY PROCEDURES
- Texas Section 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...
- Texas Section 1002.401 - Denial Of License
(a) The board may deny a license: (1) to an applicant who fails to satisfy a requirement of this chapter; or (2) on a determination...
- Texas Section 1002.402 - Grounds For Disciplinary Action
The board may impose appropriate sanctions for: (1) the practice of fraud or deceit in obtaining a license as a geoscientist; (2) incompetence, misconduct, fraud,...
- Texas Section 1002.403 - Disciplinary Actions
(a) The board may take the following disciplinary actions: (1) refuse to issue or renew a license; (2) permanently revoke a license; (3) suspend a...
- Texas Section 1002.404 - Right To Hearing
A person is entitled to a hearing before the board may suspend or revoke the person's license. Added by Acts 2003, 78th Leg., ch. 1276,...
SUBCHAPTER J ADMINISTRATIVE PENALTY
- Texas Section 1002.405 - Reinstatement
(a) On application, the board may reinstate a license to engage in the public practice of geoscience to a person whose license has been revoked...
- Texas Section 1002.451 - Imposition Of Penalty
The board may impose an administrative penalty against a person licensed under this chapter or any other person who violates this chapter or a rule...
- Texas Section 1002.452 - Amount Of Penalty
(a) The board may include in the amount of the administrative penalty the actual costs of investigating and prosecuting the violation. (b) The amount of...
- Texas Section 1002.453 - Administrative Procedure
(a) The board shall adopt rules of procedure for the imposition of an administrative penalty. (b) Rules adopted under this section must conform to the...
- Texas Section 1002.454 - Options Following Final Order: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
- Texas Section 1002.455 - Collection Of Penalty
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter...
- Texas Section 1002.456 - Judicial Review
The order of the board is subject to judicial review. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
SUBCHAPTER K OTHER ENFORCEMENT PROVISIONS
- Texas Section 1002.457 - Remittance Of Penalty And Interest
(a) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the...
- Texas Section 1002.501 - Injunction
The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter. Added by Acts 2003, 78th Leg.,...