reglab/statecodes huggingface dataset:
2023 Texas Statutes › 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 C. Executive Director and Personnel › Section 1002.102. Receipts and Disbursements

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.
2023 Texas Statutes › 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 C. Executive Director and Personnel › Section 1002.103. Division of Responsibilities

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.
2023 Texas Statutes › 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 C. Executive Director and Personnel › Section 1002.104. Qualifications and Standards of Conduct Information

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.
2023 Texas Statutes › 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 C. Executive Director and Personnel › Section 1002.105. Career Ladder Program; Performance Evaluations

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.
2023 Texas Statutes › 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 C. Executive Director and Personnel › Section 1002.106. Equal Employment Opportunity Policy

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.151. General Rulemaking Authority

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.1511. Negotiated Rulemaking; Alternative Dispute Resolution

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.
Added by Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.152. Fees

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.153. Code of Professional Conduct

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.154. Enforcement; Referral of Complaints and Investigations

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 (S.B. 940), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.155. Recognition of Use of Designations

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.156. Establishment of Disciplines

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.157. Agreements to Develop Uniform Standards

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.158. Authority to Incur Administrative Expenses

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.159. Roster of License Holders

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.
2023 Texas Statutes › 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 D. Board Powers and Duties › Section 1002.160. List of Governmental Entities With Comparable Requirements and With Which Reciprocity Agreements Exist

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.
2023 Texas Statutes › 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 E. Public Interest Information and Complaint Procedures › Section 1002.201. Public Interest Information

Sec. 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 complaints are filed with and resolved by the board; and
(2)  make the information available to the public and appropriate state agencies.
(b)  The board shall maintain on the board's Internet website:
(1)  information regarding the procedure for filing a complaint with the board; and
(2)  a means by which a person may electronically file a complaint with the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 733 (S.B. 138), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › 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 E. Public Interest Information and Complaint Procedures › Section 1002.202. Complaints

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 or electronically through the board's Internet website.
(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.
(d-1)  The board shall accept a complaint regardless of whether the complaint is notarized.
(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 (S.B. 940), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 733 (S.B. 138), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › 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 E. Public Interest Information and Complaint Procedures › Section 1002.203. Records of Complaints

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.
2023 Texas Statutes › 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 E. Public Interest Information and Complaint Procedures › Section 1002.204. Complaint Investigation and Disposition

Sec. 1002.204.  COMPLAINT INVESTIGATION AND DISPOSITION.  (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.
(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.
(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.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › 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 E. Public Interest Information and Complaint Procedures › Section 1002.205. Public Participation

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.
2023 Texas Statutes › 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 E. Public Interest Information and Complaint Procedures › Section 1002.206. Complaint Education

Sec. 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 services of a person licensed under this chapter and other appropriate state agencies as determined by the board, including a state agency with which the board has entered into a memorandum of understanding that addresses the coordination of activities or complaints, to educate the agency's employees regarding the procedures by which complaints are filed with and resolved by the board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 733 (S.B. 138), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › 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 E. Public Interest Information and Complaint Procedures › Section 1002.207. Duty of State Agency to Report Potential Violation

Sec. 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 this chapter or a rule adopted under this chapter shall forward any information relating to the potential violation and any subsequently obtained information to the board.
(c)  Information forwarded by a state agency under this section that is privileged or confidential remains privileged or confidential following receipt by the board.  The privilege or confidentiality extends to any board communication concerning the information forwarded, regardless of the form, manner, or content of the communication.
(d)  The forwarding of privileged or confidential information by a state agency does not waive a privilege in or create an exception to the confidentiality of the information.
(e)  A state agency's provision of information or failure to provide information under this section does not give rise to a cause of action against the agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 733 (S.B. 138), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.251. License Required

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.252. Exemptions

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.253. License Application

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 by the applicant.
(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 the appropriate application fee.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.254. Examinations

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.255. License Eligibility

Sec. 1002.255.  LICENSE ELIGIBILITY.  (a)  To be eligible for a license under this chapter, an applicant must:
(1)   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)   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)   pass an examination required by the board covering the fundamentals and practice of the appropriate discipline of geoscience; and
(4)   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).
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.256. Qualifying Work Experience

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.257. Reciprocal License

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)(3) 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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.258. Temporary License

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.259. Waiver of Requirements

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.260. Confidentiality of Certain Information

Sec. 1002.260.  CONFIDENTIALITY OF CERTAIN INFORMATION.  A statement made by a person who 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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.261. Issuance of License

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.262. License Duration; Expiration

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.263. Seal

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.
2023 Texas Statutes › 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 F. License Requirements › Section 1002.264. Replacement of Lost, Destroyed, or Mutilated License

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.
2023 Texas Statutes › 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 G. License Renewal › Section 1002.301. 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.
2023 Texas Statutes › 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 G. License Renewal › Section 1002.302. Continuing Professional Education

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.
2023 Texas Statutes › 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 H. Public Practice of Geoscience › Section 1002.351. Public Practice of Geoscience by Firm or Corporation

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.
2023 Texas Statutes › 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 H. Public Practice of Geoscience › Section 1002.352. Geoscientist in Training

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 (S.B. 940), Sec. 4, eff. September 1, 2009.