CHAPTER 1002. GEOSCIENTISTS
OCCUPATIONS CODE
TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,
AND RELATED PRACTICES
SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES
CHAPTER 1002. GEOSCIENTISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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 of geoscience by a professional
organization, society, or association that maintains a
certification program.
(3) "Geoscience" means the science of the earth and its origin
and history, the investigation of the earth's environment and its
constituent soils, rocks, minerals, fossil fuels, solids, and
fluids, and the study of the natural and introduced agents,
forces, and processes that cause changes in and on the earth.
(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) "Geoscientist" means a person qualified to engage in the
public practice of geoscience because of the person's knowledge,
acquired through education and practical experience, of
geoscience, mathematics, and the supporting physical, chemical,
mineralogical, morphological, and life sciences.
(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.
(6) "Practice for the public":
(A) means providing professional geoscientific services:
(i) for a governmental entity in this state;
(ii) to comply with a rule established by this state or a
political subdivision of this state; or
(iii) for the public or a firm or corporation in this state if
the practitioner assumes the ultimate liability for the work
product; and
(B) does not include services provided for the express use of a
firm or corporation by an employee or consultant if the firm or
corporation assumes the ultimate liability for the work product.
(7) "Public practice of geoscience" means the practice for the
public of geoscientific services or work, including consulting,
investigating, evaluating, analyzing, planning, mapping, and
inspecting geoscientific work and the responsible supervision of
those tasks.
(8) "Responsible charge" means the independent control and
direction of geoscientific work or the supervision of
geoscientific work by the use of initiative, skill, and
independent judgment.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
504, Sec. 1, eff. September 1, 2009.
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, 2015.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1227, Sec. 4.01, eff. September 1, 2005.
Sec. 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 the meaning assigned by Section 1902.001.
(4) "Licensed driller" means a person who holds a license issued
by the state under Chapter 1902.
(5) "Licensed installer" means a person who holds a license
issued under Chapter 1902.
(6) "Practice of engineering" has the meaning assigned by
Section 1001.003.
(7) "Professional surveying" has the meaning assigned by Section
1071.002.
(b) This chapter does not authorize the practice of professional
surveying by a licensed geoscientist. This chapter does not apply
to a qualified and registered surveyor who confines the
surveyor's practice to acts of surveying allowed under Chapter
1071.
(c) This chapter does not authorize the practice of engineering
by a licensed geoscientist.
(d) This chapter does not require an engineer, or a person
acting under the supervision of an engineer, who performs service
or work that is both engineering and geoscience to be licensed as
a geoscientist or to work under the supervision of a licensed
geoscientist.
(e) A recommendation, design, analysis, redesign, or review and
evaluation, the supervision, or a summary analysis of an
engineered structure or work, the performance of which requires
engineering education, training, and experience in the
application of special knowledge of mathematical, physical, and
engineering sciences, is engineering and is subject to Chapter
1001.
(f) This chapter does not permit a licensed geoscientist to
perform an engineering analysis supporting an engineering design
unless the action is under the supervision of an engineer.
(g) This chapter does not permit a licensed geoscientist to
provide construction quality control and evaluation, to perform
materials engineering and testing, or to design, develop, or
perform engineering review and evaluation of engineering plans
and engineering specifications for an engineered structure or
work unless the action is under the supervision of an engineer.
(h) With regard to an environmental and pollution remediation
project, this chapter:
(1) permits the characterization, study, appraisal,
investigation, analysis, and geoscientific review and evaluation
of and the making of recommendations regarding the geoscientific
components of the project by a licensed geoscientist; and
(2) does not permit the design, development, or performance of
engineering review and evaluation of a component of the project
consisting of an engineered structure, work, or process or a
related constructed improvement by a licensed geoscientist.
(i) With regard to a geoscientific investigation of geological
conditions affecting an engineered structure, work, or process,
this chapter:
(1) permits the characterization, study, appraisal,
investigation, analysis, and geoscientific review and evaluation
of and the making of recommendations regarding the geoscientific
components of the engineered structure, work, or process by a
licensed geoscientist; and
(2) does not permit the design, development, or performance of
engineering review and evaluation of the engineered structure,
work, or process or a related constructed improvement by a
licensed geoscientist.
(j) The board and the Texas Board of Professional Engineers by
rule, memorandum of understanding, or other appropriate procedure
or document shall jointly resolve any conflict between this
chapter or a rule adopted under this chapter and Chapter 1001 or
a rule adopted under that chapter.
(k) This chapter does not authorize a licensed geoscientist to
act as or offer to perform services as a driller or installer.
This chapter does not apply to a licensed driller or licensed
installer who confines the driller's or installer's activities to
activities regulated under Chapter 1901 or 1902, respectively.
(l) The board and the executive director of the Texas Department
of Licensing and Regulation by rule, memorandum of understanding,
or other appropriate procedure or document shall jointly resolve
any conflict between this chapter or a rule adopted under this
chapter and Chapter 51, 1901, or 1902 or a rule adopted under one
of those chapters.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
Sec. 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 advice and consent of the senate.
(c) Six members of the board must be licensed geoscientists.
(d) Three members of the board must be members of the public.
(e) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 least the three
years preceding appointment; and
(3) be at least 25 years of age.
(b) A person is not eligible for appointment as a public member
of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in a discipline of geoscience;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
in Section 13, Fair Labor Standards Act of 1938 (29 U.S.C.
Section 213), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
society or trade association in a discipline of geoscience; or
(2) the person's spouse is an officer, manager, or paid
consultant of a society or trade association in a discipline of
geoscience.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 of the board may not serve more than two
consecutive full terms.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 in misconduct, is determined to be incompetent,
neglects the member's official duties, or engages in malfeasance;
(3) commits a violation of this chapter resulting in
disciplinary action or a felony; or
(4) fails without excuse to attend at least half of the
regularly scheduled meetings held in a calendar year while the
member is a member of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the assistant presiding officer,
who shall then notify the governor and the attorney general that
a potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 provided by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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
those positions for more than two consecutive two-year periods. A
member serves in the position at the will of the board and may be
removed from the position by a two-thirds majority vote of the
board.
(b) The board may appoint an assistant secretary and other
assistants who are not members of the board to assist the board
and exercise its authority in carrying out the board's powers and
duties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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.
Sec. 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 rule.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the 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;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 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 the necessary support,
secretarial, and clerical services;
(2) obtaining space for holding examinations, meetings, and
conferences;
(3) printing or purchasing examinations;
(4) printing and mailing forms, information, and licenses;
(5) sending notices, collecting fees, and issuing receipts;
(6) conducting the correspondence of the board, including
replying to routine requests for information;
(7) maintaining the minutes and records of the board;
(8) keeping records of receipts and disbursements; and
(9) providing necessary investigative services.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 the staff of the
board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 the
requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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
within the board. The program must require intra-agency posting
of all positions concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations based on
documented employee performance. All decisions regarding merit
pay for a board employee must be based on that system.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
board's personnel is in accordance with state and federal law and
a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the Commission on Human Rights for compliance
with Subsection (b)(1); and
(3) filed with the governor.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 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., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 renewal of a license. The board shall base a fee for
examination in a discipline of geoscience on the costs associated
with preparing, administering, and grading that examination.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 may enforce the code by imposing sanctions as
provided by this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 this chapter. The board
through its members, officers, counsel, or agents may assist in
the trial of a case involving the violation of this chapter,
subject to the control of the prosecuting officer.
(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.
(b) Notwithstanding Subsection (a), the board shall refer a
complaint or investigation involving the unlicensed practice of
geoscience by a person who is licensed as an engineer, surveyor,
driller, installer, or member of another similar profession to
the agency that issued the license to the person.
(c) The board may administer oaths and affirmations and issue
subpoenas to compel the attendance of witnesses and the
production of evidence.
(d) The attorney general shall act as legal advisor to the board
and shall provide legal assistance as necessary in enforcing this
chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
504, Sec. 2, eff. September 1, 2009.
Sec. 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 in a discipline of geoscience if:
(1) the requirements for that certification are acceptable to
the board;
(2) the full name or recognized abbreviation of the
organization, society, or association granting the certification
is stated following or in conjunction with the use of the
designation or abbreviation; and
(3) the designation or abbreviation is not used in a manner that
is misleading or that creates an impression that the person is
licensed to practice geoscience for the public unless the person
is licensed under this chapter.
(b) The board by rule shall recognize the title "geological
engineer," "geotechnical engineer," "hydraulic engineer," or
"agricultural engineer" or another legitimate engineering title
as a legitimate engineering title separate from geoscience, the
use of which requires licensure as an engineer.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 in each discipline.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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
standards for:
(1) the licensing or registration of geoscientists;
(2) accrediting educational programs;
(3) establishing reciprocal and temporary licenses;
(4) developing regional or national examinations;
(5) evaluating applicants; or
(6) other purposes consistent with this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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) lease office space; and
(5) incur other similar expenses.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 maintain copies of the roster and shall
provide a copy on request to a state agency, a county or
municipal clerk or building official, or a license holder. The
board may charge a license holder a reasonable fee set by the
board for providing the copy.
(c) The board shall provide a copy of the roster to another
person on written request, subject to payment of a reasonable fee
set by the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 those established in this state
and with which a reciprocity agreement exists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 1002.201. PUBLIC INTEREST INFORMATION. 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 complaints are filed with
and resolved by the board; and
(2) make the information available to the public and appropriate
state agencies.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 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.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
504, Sec. 3, eff. September 1, 2009.
Sec. 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 filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(b) The board, at least quarterly until final disposition of the
complaint, shall notify the person filing the complaint and each
person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 the
board's policies and procedures relating to complaint
investigation and resolution.
(b) The board shall investigate all complaints brought to its
attention and may employ investigators, expert witnesses, and
hearing officers, appoint advisory committees, and conduct
hearings to determine whether disciplinary or other action should
be taken.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 issue
under the jurisdiction of the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 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 this
chapter.
(b) Unless the person is licensed under this chapter, a person
may not:
(1) use the term "Licensed Professional Geoscientist" or the
initials "P.G." as part of a professional, business, or
commercial identification or title; or
(2) otherwise represent to the public that the person is
qualified to:
(A) practice as a geoscientist; or
(B) engage in the public practice of geoscience.
(c) A person may not take responsible charge of a geoscientific
report or a geoscientific portion of a report required by
municipal or county ordinance, state or federal law, state agency
rule, or federal regulation that incorporates or is based on a
geoscientific study or geoscientific data unless the person is
licensed under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 under this chapter if the work does not
include the responsible charge of geoscientific work and is
performed under the direct supervision of a licensed geoscientist
who is responsible for the work;
(2) geoscientific work performed by an officer or employee of
the United States practicing solely as such an officer or
employee;
(3) geoscientific work performed exclusively in exploring for
and developing oil, gas, or other energy resources, base metals,
or precious or nonprecious minerals, including sand, gravel, or
aggregate, if the work is done in and for the benefit of private
industry;
(4) geoscientific research conducted through an academic
institution, local, state, or federal governmental agency,
nonprofit research institution, or for-profit organization,
including submission of a report on the research to a public
agency, unless the work is covered by Section 1002.251(c);
(5) teaching geoscience or a related physical or natural
science;
(6) work customarily performed by a cartographer, technician, or
physical or natural scientist, including a geologist,
geophysicist, soil scientist, chemist, archaeologist, geographer,
or oceanographer, if the work does not include the public
practice of geoscience;
(7) work performed by an archaeologist, geoscientist, or other
person conducting a stratigraphic or historical geological
investigation for archaeological purposes;
(8) testifying or preparing and presenting an exhibit or
document for the sole purpose of being placed in evidence before
an administrative or judicial tribunal or hearing if the
testimony, exhibit, or document does not imply that the person is
licensed under this chapter;
(9) the evaluation by a state agency, as defined by Section
2001.003, Government Code, or by a hearing examiner of an exhibit
or document offered or placed in evidence before an
administrative tribunal; or
(10) the determination of the suitability of a site for a
specific on-site sewage disposal system by a person who has
successfully completed site evaluation training approved by the
Texas Commission on Environmental Quality and is:
(A) registered by the commission as:
(i) an installer, if the commission recognizes only one level of
installer; or
(ii) the highest level of installer recognized by the
commission, if the commission recognizes more than one level of
installer;
(B) a designated representative; or
(C) a registered professional sanitarian.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 the board that is signed and sworn to by the applicant before
a notary public.
(b) The application must include:
(1) information concerning the applicant's education;
(2) a detailed summary of the applicant's relevant work
experience; and
(3) a signed statement that the applicant has read and will
comply with the code of professional conduct adopted under this
chapter.
(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.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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, in whole or in part, an
examination prepared, administered, or graded by another
organization, on a regional or national basis, that the board
determines appropriate to measure the qualifications of an
applicant for a license under this chapter if:
(1) the examination questions, the correct answers, and the
applicant's completed examination are available to the board; and
(2) the board retains the authority to determine a passing grade
for a license in this state.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
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;
(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;
(4) pass an examination required by the board covering the
fundamentals and practice of the appropriate discipline of
geoscience; and
(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)(2).
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 of work experience acceptable to the board
constitutes one year of qualifying work experience if the
experience was acquired under the direct supervision of:
(A) a geoscientist who is licensed in this state or in another
state under requirements for licensure or registration that are
comparable to those in this chapter;
(B) a geoscientist who meets the educational and work experience
requirements for licensure but is not required to be licensed
under this chapter; or
(C) another professional acceptable to the board;
(2) each year of work experience acceptable to the board and
acquired before September 1, 2003, constitutes one year of
qualifying work experience if the experience:
(A) was acquired under the direct supervision of:
(i) a geoscientist who meets the educational and work experience
requirements for a license under this chapter;
(ii) a geoscientist who is licensed or registered under
comparable requirements in another state; or
(iii) another professional acceptable to the board; or
(B) would constitute the responsible charge of professional
geoscientific work as determined by the board; and
(3) each year of full-time graduate study in a discipline of
geoscience that is acceptable to the board constitutes one year
of qualifying work experience.
(b) The board may accept research in or the teaching of a
discipline of geoscience at the college or university level as
qualifying work experience if the research or teaching, in the
judgment of the board, is comparable to work experience obtained
in the practice of geoscience.
(c) For purposes of Subsection (a)(3), the board may not accept
more than two years of full-time graduate study in a discipline
of geoscience as qualifying work experience.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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
is licensed or registered to practice a discipline of geoscience
under the law of another state or a foreign country.
(b) The board may issue a license to an applicant who provides
proof of licensure or registration under requirements that the
board determines to be substantially similar to those established
by this chapter and who pays the required fees.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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
established place of business in this state but who seeks to
engage in the public practice of geoscience in this state for a
temporary period; or
(2) applies for a reciprocal license and seeks to engage in the
public practice of geoscience pending a determination on the
application for the reciprocal license.
(b) An applicant for a temporary license must:
(1) apply to the board for a temporary license, provide proof of
licensure or registration in another state or a foreign country
and pay the required fees;
(2) agree to comply with the signature requirements of Section
1002.263(b) and to affix the person's seal from the jurisdiction
in which the person is licensed or registered on all work
completed while practicing under the temporary license; and
(3) file the required information and reports and comply with
other requirements established by the board concerning the
person's temporary practice.
(c) A temporary license issued under Subsection (a)(1) expires
on the 90th day after the date of issuance. A temporary license
issued under Subsection (a)(2) expires on the date the reciprocal
license is issued or denied.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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
board if the applicant makes a written request and shows good
cause and the board determines that the applicant is otherwise
qualified for a license.
(b) Each requirement waived under this section and the basis for
the waiver must be recorded in the applicant's record and in the
proceedings of the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
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.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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) The license must:
(1) show the full name of the license holder;
(2) have a serial number;
(3) state the license holder's discipline of geoscience; and
(4) be signed by an appropriate officer of the board under the
board's seal.
(c) The issuance by the board of a license is prima facie
evidence that during the term of the license the license holder
is entitled to all the rights and privileges of a licensed
geoscientist.
(d) A licensed geoscientist may engage in the practice of any
discipline of geoscience regardless of the discipline of
geoscience stated on the person's license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 expiration, a license is invalid and may not be renewed
except as provided by this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 name;
(2) the license number;
(3) the words "Licensed Professional Geoscientist"; and
(4) the license holder's discipline of geoscience.
(b) A geoscientific report, document, or other record, as
defined by the board, that is offered to the public and prepared
or issued by or under the supervision of a licensed geoscientist
must, in accordance with rules adopted by the board, include the
full name, signature, and license number of the license holder
who prepared the report, document, or other record or under whose
supervision it was prepared and bear an impression of the license
holder's seal.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 by the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER G. LICENSE RENEWAL
Sec. 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 license expires; and
(2) the amount of the fee required for renewal.
(b) The board shall renew the license of a license holder who
before the date the license expires or within a period not to
exceed 60 days after the expiration date:
(1) submits the required renewal application and fee and a
penalty for late renewal, if required; and
(2) meets the requirements for renewal established by the board.
(c) The board by rule may establish conditions and fees for the
reissuance of a license that has lapsed, expired, or been
suspended or revoked.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 other basis.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER H. PUBLIC PRACTICE OF GEOSCIENCE
Sec. 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
supervision of, a licensed geoscientist who is in responsible
charge of the work and who signs and seals all geoscientific
reports, documents, and other records as required by this
chapter; or
(2) the principal business of the firm or corporation is the
public practice of geoscience as determined by board rule and a
principal of the firm or an officer or director of the
corporation is a licensed geoscientist and has overall
supervision and control of the geoscientific work performed in
this state.
(b) The board may adopt rules relating to the public practice of
geoscience by a firm or corporation. Rules adopted under this
section must recognize that this chapter does not apply to an
engineer or engineering firm that performs service or work that
is both engineering and geoscience. A firm that engages in the
practice of both engineering and geoscience is exempt from any
firm registration requirements created under this subsection.
(c) Except as provided by this section, an individual, firm, or
corporation may not represent to the public that the individual,
firm, or corporation is a licensed geoscientist or able to
perform geoscientific services or prepare a geoscientific report,
document, or other record that requires the signature and seal of
a license holder under Section 1002.263(b).
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
504, Sec. 4, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
504, Sec. 4, eff. September 1, 2009.
SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
Sec. 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 by the board that there is probable cause
to believe that an applicant has violated:
(A) this chapter;
(B) a provision of this chapter to which a license holder would
be subject; or
(C) a comparable provision in the licensing or registration law
of another state.
(b) The board may not issue a license pending the disposition of
a complaint alleging a violation in this or another state if the
board has notice of the alleged violation.
(c) The board shall notify an applicant who is denied a license
of the reason for denial in writing not later than the 30th day
after the date of the board's decision. Not later than the 30th
day after the date of receipt of the notice, the applicant may
make a written request for a hearing. In the absence of a request
for a hearing, the board's action is final.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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, gross negligence, or
repeated incidents of negligence in the public practice of
geoscience;
(3) conviction of a license holder of a crime involving moral
turpitude or a felony;
(4) the imposition of an administrative or civil penalty or a
criminal fine, or imprisonment or probation instead of a fine,
for a misdemeanor relating to or arising out of the public
practice of geoscience;
(5) the issuance of a cease and desist order or a similar
sanction relating to or arising out of the public practice of
geoscience;
(6) using the seal of another license holder or using or
allowing the use of the license holder's seal on geoscientific
work not performed by or under the supervision of the license
holder;
(7) aiding or abetting a person in a violation of this chapter;
(8) the revocation or suspension of a license, the denial of
renewal of a license, or other disciplinary action taken by a
state agency, board of registration, or similar licensing agency
for geoscientists or a profession or occupation related to the
public practice of geoscience;
(9) practicing or offering to practice geoscience or
representing to the public that the person or the person's firm
or corporation is licensed or qualified to practice geoscience if
the person is not licensed under this chapter or the person's
firm or corporation does not employ a licensed geoscientist as
required under this chapter; or
(10) violating this chapter, a rule adopted under this chapter,
including the code of professional conduct, or a comparable
provision of the laws or rules regulating the practice of
geoscience in another state or country.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 license for a specified time, not to exceed three
years, to take effect immediately notwithstanding an appeal if
the board determines that the license holder's continued practice
constitutes an imminent danger to the public health, safety, or
welfare;
(4) issue a public or private reprimand to an applicant, a
license holder, or an individual, firm, or corporation practicing
geoscience under this chapter;
(5) impose limitations, conditions, or restrictions on the
practice of an applicant, a license holder, or an individual,
firm, or corporation practicing geoscience under this chapter;
(6) require that a license holder participate in a peer review
program under rules adopted by the board;
(7) require that a license holder obtain remedial education and
training prescribed by the board;
(8) impose probation on a license holder requiring regular
reporting to the board;
(9) require restitution, in whole or in part, of compensation or
fees earned by a license holder, individual, firm, or corporation
practicing geoscience under this chapter;
(10) impose an appropriate administrative penalty as provided by
Subchapter J for a violation of this chapter or a rule adopted
under this chapter on a license holder or a person who is not
licensed and is not exempt from licensure under this chapter; or
(11) issue a cease and desist order.
(b) The board may not impose a sanction for a ground described
by Section 1002.402(8) that exceeds in severity or duration the
sanction on which the board's action is based.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 if a
majority of the entire board votes in favor of the reinstatement.
(b) As a condition for reinstatement, the board may:
(1) review the applicant's qualifications and experience;
(2) require continuing professional education;
(3) conduct a reexamination on a periodic or other basis; or
(4) require other evidence of the competence of the applicant.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER J. ADMINISTRATIVE PENALTY
Sec. 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
adopted or order issued under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 the penalty may not exceed $100 for each
violation. Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty.
(c) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of any
prohibited acts; and
(B) the hazard or potential hazard created to the health,
safety, or economic welfare of the public;
(2) the economic harm to property or the environment caused by
the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts or resistance to efforts to correct the violation;
and
(6) any other matter that justice may require.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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
requirements of Chapter 2001, Government Code.
(c) A proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 the penalty and file a petition for judicial review
contesting the occurrence of the violation, the amount of the
penalty, or both; or
(3) without paying the penalty, file a petition for judicial
review contesting the occurrence of the violation, the amount of
the penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection
(a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving to the court a supersedeas bond approved by the court
for the amount of the penalty that is effective until judicial
review of the board's order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the executive director by
certified mail.
(c) On receipt of a copy of an affidavit under Subsection
(b)(2), the executive director may file with the court, not later
than the fifth day after the date the copy is received, a contest
to the affidavit. The court shall hold a hearing on the facts
alleged in the affidavit as soon as practicable and shall stay
the enforcement of the penalty on finding that the alleged facts
are true. The person who files the affidavit has the burden of
proving that the person is financially unable to pay the penalty
and to give a supersedeas bond.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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 to the
attorney general for collection of the penalty.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff.
Sept. 1, 2003.
Sec. 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.
Sec. 1002.457. REMITTANCE OF PENALTY AND INTEREST. (a) If the
court su