Title OC, Occupations Code

Sec. 1002.051. BOARD MEMBERSHIP. (a) The Texas Board of Professional Geoscientists shall administer this chapter. (b) The board is composed of nine members appointed by the governor with the advice and consent of the senate. (c) Six members of the board must be licensed geoscient…

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 a…

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 dea…

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…

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; …

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. 1002.057. OFFICERS. (a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor. (a-1) The board shall elect biennially from its own membership an assistant presiding officer and a sec…

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. (…

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…

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.…

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 und…

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 …

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 with…

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. 1002.1511. 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 …

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 ge…

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 …

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 …

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 c…

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. Sep…

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 regi…

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 o…

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…

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 tho…

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 informa…

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 sec…

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 complai…

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…

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.00…

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…

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…

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…

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 i…

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 con…

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 organizatio…

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 3…

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 ex…

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 …

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 tem…

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 a…

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 wh…

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…

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 Ac…