CHAPTER 1002. GEOSCIENTISTS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-6-regulation-of-engineering-architecture-land-surveying-and-related-practices > 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.

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.

(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.

general counsel to the board if the person is required to

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.

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;

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.

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.

(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.

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.

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.

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.

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

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.

(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

(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.

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.

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.

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.

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.

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

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.

(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

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.

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.

(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.

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.

(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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!