Title OC, Occupations Code

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…

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 disciplin…

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),…

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 licens…

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. Se…

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…

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.,…

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 specif…

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 provi…

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 p…

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 notwithstand…

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 reinstatemen…

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.…

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 $1,500 for each violation. Each day a violation continues or occur…

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. (c) A proceeding to impose the penalty is…

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…

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. 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 sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty. If the court does not sustain the occurre…

Sec. 1002.501. INJUNCTION. The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.

Sec. 1051.001. DEFINITIONS. In this subtitle: (1) "Architect" means a person registered under this chapter to engage in the practice of architecture. (2) "Board" means the Texas Board of Architectural Examiners. (3) "Interior design" means the: (A) identification, research, or de…

Sec. 1051.0015. PURPOSE OF REGISTRATION REQUIREMENT. The purpose of Section 1051.701(a) is to: (1) safeguard life, health, property, and the public welfare; and (2) protect the public against the irresponsible practice of architecture. Added by Acts 2003, 78th Leg., ch. 1276, Sec…

Sec. 1051.0016. PRACTICES OF ARCHITECTURE AND ENGINEERING. (a) In this chapter, "architectural plans and specifications" include: (1) floor plans and details: (A) depicting the design of: (i) internal and external walls and floors, including simple foundations; (ii) internal spac…

Sec. 1051.002. EFFECT ON MUNICIPALITY. This subtitle does not: (1) preempt a municipal ordinance; or (2) restrict or expand the authority of a municipality. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.04, ef…

Sec. 1051.003. APPLICATION OF SUNSET ACT. The Texas Board of Architectural Examiners 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 subtitle expires September 1, 2033. Added…

Sec. 1051.101. BOARD MEMBERSHIP. (a) The Texas Board of Architectural Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) four architect members registered under this chapter; (2) one interior designer member regi…

Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. 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 the field of architecture, interior desig…