Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.101 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  is promulgated pursuant to the Act, Texas Occupations Code (TOC),
				  §1002.153, which directs the Appointed Board to adopt a code of
				  professional conduct that is binding on all license holders under the Act and
				  provides that the Appointed Board may enforce the code by imposing sanctions,
				  as provided by the Act or this chapter. Except as otherwise noted, this
				  subchapter applies only to situations which are related to the practice of
				  professional geoscience.
(b) Any
				  person who holds a Professional Geoscientist (P.G.) license, is a Geoscience
				  Firm, or who holds a certificate as a Geoscientist-in-Training (GIT) is
				  responsible for understanding and complying with the Act, rules adopted by the
				  Appointed Board, and any other law or rule pertaining to the practice of
				  professional geoscience. Any person under application for, currently holding,
				  or eligible to renew a license, registration, or certification issued by the
				  Texas Board of Professional Geoscientists (TBPG) is bound by the provisions of
				  the Act and this chapter. The TBPG maintains jurisdiction over a license,
				  registration, or certification it issues as long as the license, registration,
				  or certification is current or renewable.
(c) A P.G., a Firm, or a person who holds a
				  certificate as a GIT having knowledge of any alleged violation of the Act
				  and/or TBPG rules shall cooperate with the TBPG in furnishing such information
				  as may be required.
(d) A P.G., a
				  Firm, or a person who holds a certificate as a GIT shall timely answer all
				  inquiries concerning matters under the jurisdiction of the TBPG and shall fully
				  comply with final decisions and orders of the Appointed Board. Failure to
				  comply with these matters shall constitute a separate offense of misconduct
				  subject to the penalties provided under the Act or this Chapter.
(e) The Appointed Board may take disciplinary
				  actions as provided in §1002.403 of the Act for reasons stated in
				  §1002.402 of the Act.
(f) This
				  subchapter is not intended to suggest or define standards of care in civil
				  actions against P.G.s, GIT, or Firms involving their professional
				  conduct.
(g) A P.G. or a Firm may
				  donate professional geoscience services to charitable causes but must adhere to
				  all provisions of the TBPG Act and rules for all geoscience services rendered,
				  regardless of whether the P.G. or Firm is paid for the geoscience
				  services.
(h) A P.G. or a GIT who
				  is presenting geoscientific fact testimony, including geoscientific
				  interpretation, analysis, or conclusions, or recommending geoscientific work
				  before any public body or court of law, whether under sworn oath or not, must
				  adhere to all provisions of the Act and the rules of the TBPG in the provision
				  of all professional geoscience services rendered, regardless of whether the
				  P.G. is paid for the service.