Title OC, Occupations Code

Sec. 1001.456. REISSUANCE OF REVOKED LICENSE. The board may reissue a license to a person whose license has been revoked if the board has sufficient reason to reissue the license. At least six board members must vote for reissuance of the license. A new license may be issued in a…

Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The board may impose an administrative penalty on a person who violates this chapter or Chapter 1071 or a rule adopted or order issued under this chapter or Chapter 1071. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. Ju…

Sec. 1001.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount of an administrative penalty may not exceed: (1) $5,000 for each violation of this chapter or a rule adopted or order issued under this chapter; and (2) $1,500 for each violation of Chapter 1071 or a rule adopted or …

Sec. 1001.503. OPTIONS FOLLOWING DECISION: 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…

Sec. 1001.504. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. …

Sec. 1001.505. DETERMINATION BY COURT. (a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty. (b) If a court does not sustain the determi…

Sec. 1001.506. REMITTANCE OF PENALTY AND INTEREST. (a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall: (1) order the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;…

Sec. 1001.508. ADMINISTRATIVE PROCEDURE. (a) A proceeding under this subchapter is subject to Chapter 2001, Government Code. (b) The board shall adopt rules of procedure for imposing an administrative penalty. The rules must conform to the requirements of Chapter 2001, Government…

Sec. 1001.551. INJUNCTION. (a) In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from violating this chapter or Chapter 1071 or a board rule adopted under this chapter or Chapter 1071. (b) An action under this …

Sec. 1001.5511. CEASE AND DESIST ORDER. If it appears to the board that a person who is not licensed, certified, or registered under this chapter or Chapter 1071 is violating this chapter or Chapter 1071, a rule adopted under this chapter or Chapter 1071, or another state statute…

Sec. 1001.552. CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) engages in the practice of engineering without being licensed or exempted from the licensing requirement under this chapter; (2) violates this chapter with respect to the regulation of engineering…

Sec. 1001.553. REPORT OF VIOLATION. A public official shall report a violation of this chapter or Chapter 1071 to the proper authorities. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.47, e…

Sec. 1001.554. PRESENTATION OF COMPLAINTS BY BOARD; ASSISTANCE AT TRIAL. (a) A member of the board may present to a prosecuting officer a complaint relating to a violation of this chapter or Chapter 1071. (b) The board through its members, officers, counsel, and agents and subjec…

Sec. 1001.555. ATTORNEY GENERAL AS LEGAL ADVISOR; REPRESENTATION BY ATTORNEY GENERAL. (a) The attorney general shall: (1) act as legal advisor of the board; (2) provide legal assistance to the board as necessary to enforce this chapter or Chapter 1071 and make those laws effectiv…

Sec. 1001.556. APPEAL BOND. The board is not required to give an appeal bond in a cause arising under this chapter or Chapter 1071. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.50, eff. Se…

Sec. 1001.601. BOARD ADVISORY OPINIONS. (a) On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion about: (1) an interpretation of this chapter or Chapter 1071; or (2) the application of this chapter or Chapter 1071 to…

Sec. 1001.602. MAINTENANCE OF OPINIONS; SUMMARY. The board shall: (1) number and classify each advisory opinion issued under this subchapter; and (2) annually compile a summary of the opinions in a single reference document that is available on the Internet. Added by Acts 2003, 7…

Sec. 1001.603. ATTORNEY GENERAL'S OPINIONS. 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. Added by Acts 2003, 78th Leg., ch. 1168, Sec. 32, eff. Sept. 1…

Sec. 1001.604. RELIANCE ON ADVISORY OPINION. It is a defense to prosecution or to imposition of a civil 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 fa…

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 mainta…

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, 2033. Add…

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…

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…