HBA-TYH S.B. 129 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 129
By: Brown
Licensing & Administrative Procedures
5/14/1999
Engrossed




BACKGROUND AND PURPOSE 

During the last decade, geoscientists in Texas have been increasingly
called upon to undertake responsibilities involving the environment and
public health and safety.  Currently, Texas does not have unified
qualification standards for state agencies to regulate the public practice
of geoscience. Geoscience means the study of the earth's origin and
history, its soils, rocks, minerals, fossil fuels, solids, fluids, and the
natural and introduced agents, forces, and processes that cause changes in
and on the earth.  S.B. 129 regulates the public practice of geoscience,
establishes the qualification standards for licensed geoscientists, and
provides penalties for the violation of this Act.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Professional
Geoscientists in SECTION 1 (Sections 1.04, 2.09, 4.01, 4.03, 4.05, 4.06,
6.08, 6.13, 7.01, 8.01, and 10.03, Texas Geoscience Practice Act) and to
the Texas Board of Professional Engineers in SECTION 1 (Section 1.04, Texas
Geoscience Practice Act) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Adopts the Texas Geoscience Practice Act, as follows:

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 1.01.  SHORT TITLE.  Authorizes this Act to be cited as the Texas
Geoscience Practice Act. 

Sec. 1.02.  DEFINITIONS.  Defines "board," "certified geoscientist,"
"geoscience," "geoscientist," "geoscientist-in-training," "licensed
geoscientist," "performance before the public," "public practice of the
geosciences," and "responsible charge."   

Sec. 1.03.  APPLICATION OF SUNSET ACT.  Establishes that the Texas Board of
Professional Geoscientists (board) is subject to Chapter 325 (Texas Sunset
Act), Government Code, and that this Act expires and the board is abolished
on September 1, 2011, unless continued as provided by that chapter. 

Sec. 1.04.  APPLICATION OF ACT.  (a)  Defines "licensed engineer,"
"practice of engineering," and "professional surveying."    

(b)  Provides that this Act does not authorize the practice of professional
surveying by a licensed geoscientist.  Establishes that this Act does not
apply to a registered surveyor who confines the surveyor's practice to acts
allowed under Article 5282c (Professional Land Surveying Practices Act),
V.T.C.S. 

(c)  Establishes that this Act does not authorize the practice of
engineering by a licensed geoscientist.  

(d)  Establishes that this Act does not require a licensed engineer or a
person acting under  the supervision of a licensed 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)  Provides that specified 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 the Texas Engineering Practice Act. 

(f)  Establishes that this Act does not permit a licensed geoscientist to
perform an engineering analysis supporting an engineering design unless the
action is under the supervision of a licensed engineer. 

(g)  Provides that this Act does not permit a licensed geoscientist to
perform the specified engineering work unless the work is under the
supervision of a licensed engineer. 

(h)  Establishes that with regard to an environmental and pollution
remediation project, this Act permits the specified geoscientific work but
not the specified engineering work to be done by a licensed geoscientist. 

(i)  Establishes that with regard to a geoscientific investigation of
geological conditions affecting an engineered work, this Act  permits the
specified geoscientific but not the specified engineering work to be done
by a licensed geoscientist. 

(j)   Requires the board and the Texas Board of Professional Engineers, by
rule, memorandum of agreement, or another appropriate procedure or
document, to jointly resolve any conflict between this Act or a rule
adopted under this Act and the Texas Engineering Practice Act or a rule
adopted under that Act. 

SUBCHAPTER B.  TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

Sec. 2.01.  BOARD MEMBERSHIP.  Requires the board, composed of nine members
appointed by the governor with the advice and consent of the senate, to
administer this Act. Provides that three members must be members of the
public and the remaining six must be licensed geoscientists who, to the
extent possible, represent the occupational distribution of licensed or
regulated geoscientists.  Requires that appointments be made without regard
to a person's race, color, disability, sex, religion, age, or national
origin. 

Sec. 2.02.  MEMBER ELIGIBILITY.  Establishes that a member of the board be
at least 25 years of age, a United States citizen, and a Texas resident for
at least three years preceding the appointment.  Provides that a person is
ineligible for appointment as a public member of the board if the person or
the person's spouse is registered, certified, or licensed by an
occupational regulatory agency in the geoscience field; is employed by or
participates in the management of, or owns or controls more than a 10
percent interest in, a business entity or other organization regulated by
or receiving money from the board; or uses or receives a substantial amount
of goods, services, or money from the board other than lawful compensation
or reimbursement for board membership, attendance, or expenses. 

Sec. 2.03.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  Defines "society or
trade association."  

(b)  Prohibits a person from serving as a board member or board employee in
a "bona fide executive, administrative, or professional capacity," as that
phrase is used in Section 201 et seq. (Fair Labor Standards Act of 1938),
Title 29, U.S.C., if the person is an officer, employee, or paid consultant
of a society or trade association in the geoscience field, or if the
person's spouse is an officer, manager, or paid consultant of such an
association. 

(c)  Prohibits a person from serving as a board member or general counsel
for the board if the person is required to register as a lobbyist under
Chapter 305 (Registration of  Lobbyists), Government Code, concerning
activities on behalf of a profession related to  the board's operation.

Sec. 2.04.  TERMS.  Establishes that board members serve staggered six-year
terms, and that three of the members' terms will expire on February 1 of
odd-numbered years.  Prohibits a member from serving more than two
consecutive full terms. 

Sec. 2.05.  GROUNDS FOR REMOVAL.  (a)  Establishes that it is a ground for
removal from the board if the member is no longer qualified for appointment
to the board, engages in misconduct or malfeasance, is determined
incompetent, neglects official duties, commits a felony or a violation of
this Act, or fails without excuse to attend at least half of the regularly
scheduled meetings in a year. 

(b)  Provides that the validity of the board's action is unaffected if
taken while grounds for removal of a board member exist. 

(c)  Requires the executive director to notify the board's presiding
officer of a potential ground for removal and to notify the assistant
presiding officer if the ground for removal involves the presiding officer.
Requires the presiding officer and the assistant presiding officer to
notify the governor and the attorney general that the ground for removal
exists. 

Sec. 2.06.  REIMBURSEMENT FOR TRAVEL EXPENSES.  Entitles board members to
reimbursement for travel expenses incurred while conducting the board's
business, as provided by the General Appropriations Act. 

Sec. 2.07.  OFFICERS.  Requires the board to elect a presiding officer,
assistant presiding officer, and secretary-treasurer every two years and
prohibits a member from holding one of these positions for more than two
consecutive two-year terms.  Authorizes the board to remove a member from a
position by a two-thirds majority vote of the board.  Authorizes the board
to appoint non-member assistants to assist the board in carrying out its
powers and duties. 

Sec. 2.08.  OFFICE.  Requires the board to maintain its office in Austin.

Sec. 2.09.  MEETINGS.  Requires the board to hold at least two regular
meetings per calendar year, and authorizes the board to hold a special
meeting at a time permitted by rule of the board. 

Sec. 2.10.  TRAINING.  Prohibits a board appointee from serving as a member
of the board if the person has not completed a training program which
provides a person with specified information regarding the board's
background, role and functions, programs, rules, current budget, audit,
ethics policies, and formal procedural and administrative requirements.
Entitles a board appointee to reimbursement for travel expenses incurred
for attending the training program, as provided by the General
Appropriations Act. 

SUBCHAPTER C.  EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 3.01.  EXECUTIVE DIRECTOR.  Requires the board to appoint an executive
director to manage specified administrative affairs of the board. 

Sec. 3.02.  RECEIPTS AND DISBURSEMENTS; ACCOUNT.  Requires the executive
director to manage all money received under this Act, to transfer the money
to the comptroller, and to annually file a written report with the
comptroller which accounts for all receipts, expenditures, and account
balances.  Requires all money received and interest earned to be deposited
in the geoscientists' fund account in the general revenue fund, subject to
the comptroller's accounting policies and audits.  Requires interest earned
on money deposited to the credit of the account to be credited to the
account.  Authorizes money in the account to be used only for expenses
incurred by the board in the administration and enforcement of this Act.    
 
Sec. 3.03.  SEPARATION OF RESPONSIBILITIES.  Requires the board to develop
and implement policies that clearly separate the policymaking
responsibilities of the board and the management duties of the executive
director and board staff. 

Sec. 3.04.  QUALIFICATIONS AND STANDARDS OF CONDUCT.  Requires the
executive director or a designee to provide board members and board staff
with information regarding requirements for office or employment under this
Act, including applicable standards of conduct for state officers or
employees. 

Sec. 3.05.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.  Requires the
executive director or a designee to develop an intra-agency career ladder
program that addresses opportunities for mobility and advancement of board
employees and to post intraagency positions concurrently with public
postings.  Requires the executive director or a designee to develop an
annual employee performance evaluation system upon which decisions
regarding merit pay for a board employee are based. 

Sec. 3.06.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  Requires the board or a
designee to prepare, file with the governor's office, and annually update a
written equal employment opportunity policy statement which ensures that
all personnel decisions are made regardless of race, color, disability,
sex, religion, age, or national origin.  Establishes that the statement,
which must be reviewed by the Texas Commission on Human Rights, includes
personnel policies relating to recruitment, evaluation, selection,
training, promotion of personnel, and the board's intent to avoid the
unlawful employment practices described by Chapter 21 (Employment
Discrimination), Labor Code.  Provides that the statement include an
analysis of the extent to which the composition of the board's personnel
complies with state and federal law, including a description of reasonable
methods to achieve compliance with state and federal law. 

SUBCHAPTER D.  BOARD POWERS AND DUTIES

Sec. 4.01.  GENERAL RULEMAKING AUTHORITY.  Authorizes the board to adopt
and enforce rules consistent with this Act and necessary for the
performance of its duties. 

Sec. 4.02.  FEES.  Authorizes the board to set reasonable and necessary
fees including those for application, examination, licensure, and license
renewal under this Act. 

Sec. 4.03.  CODE OF PROFESSIONAL CONDUCT.  Requires the board, by rule, to
adopt a code of professional conduct for all license holders under this
Act, and authorizes the board to enforce the code by imposing sanctions as
provided by this Act. 

Sec. 4.04.  ENFORCEMENT.  Requires the board to enforce this Act.
Authorizes any board member to present a complaint about the violation of
this Act to a prosecuting officer and authorizes the board to assist in the
trial of a case involving such a violation.  Authorizes the board to
administer oaths and affirmations and to issue subpoenas that compel the
attendance of witnesses and the production of evidence.  Requires the
attorney general to act as legal adviser to the board and to render legal
assistance in the enforcement of this Act. 

Sec. 4.05.  RECOGNITION OF USE OF DESIGNATIONS.  Authorizes the board to
recognize, by rule, the designations used by an organization that maintains
a geoscientist certification program if the board accepts the requirements
for that certification, the organization granting the certification states
its full name or recognized abbreviation in conjunction with the use of the
designation or abbreviation, and the designation or abbreviation does not
mislead anyone as to whether a person is licensed to practice geoscience.
Requires the board, by rule, to recognize "geological engineer,"
"geotechnical engineer," "hydraulic engineer," or "agricultural engineer"
as legitimate engineering titles, separate from the geosciences, which
require licensure as a professional engineer  

Sec. 4.06.  ESTABLISHMENT OF DISCIPLINES.  Requires the board, by rule, to
establish  the criteria and appropriate requirements for licensure in the
various disciplines of the geosciences, including geology, geophysics, soil
science, and physical geography.   

Sec. 4.07.  AGREEMENTS TO DEVELOP UNIFORM STANDARDS.  Authorizes the board
to enter into agreements with licensing or registration boards in other
states and other appropriate organizations to develop uniform standards for
licensing, registration, accreditation, examinations, evaluations, or other
purposes consistent with this Act. 

Sec. 4.08.  AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES.  Authorizes the
board to incur administrative expenses necessary to appoint committees,
employ staff, contractors, and consultants, lease or purchase furnishings,
equipment, and supplies, lease office space, and incur other similar
expenses. 

Sec. 4.09.  ROSTER OF LICENSE HOLDERS.  Requires the board to keep a roster
stating the name and place of business of each licensed geoscientist, to
provide a copy on request to a state agency, county or municipal clerk,
building official, or a license holder, and to provide a copy to anyone
upon written request, subject to payment of a reasonable fee set by the
board. 

Sec. 4.10.  LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE REQUIREMENTS AND
WITH WHICH RECIPROCITY AGREEMENT EXISTS. Requires the board to maintain a
list of each state, territory, or possession of the United States, the
District of Columbia, or foreign country in which the requirements and
qualifications for licensure or registration are comparable to those in
Texas and with which a reciprocity agreement exists. 

SUBCHAPTER E.  PUBLIC INTEREST INFORMATION 
AND COMPLAINT PROCEDURES 

Sec. 5.01.  PUBLIC INTEREST INFORMATION.  Requires the board to prepare
information that describes the board's regulatory functions and the
procedures for filing and resolving complaints, and to make the information
available to the public and to appropriate state agencies. 

Sec. 5.02.  COMPLAINTS.  (a)  Authorizes a person to bring a complaint
alleging a violation of this Act or a rule adopted under this Act. 

(b)  Specifies that a complaint be in writing, sworn to by the person
making the complaint, and filed with the secretary-treasurer of the board. 

(c)  Requires the board to keep a file on each complaint that states
specific information about the complaint. 

(d)  Requires the board to provide a copy of the board's policies and
procedures concerning complaint investigation and resolution to the person
filing the complaint and to each person who is a subject of the complaint. 

(e)  Requires the board to investigate all complaints brought to its
attention.  Authorizes the board to employ investigators, expert witnesses,
and hearing officers, to appoint advisory committees, and to conduct
hearings to determine what action, if any, should be taken. 

(f)  Requires the board to notify, at least quarterly until final
disposition, the person filing the complaint and each person who is a
subject of the complaint regarding the status of the investigation, unless
the notice would jeopardize an undercover investigation. 

Sec. 5.03.  PUBLIC PARTICIPATION.  Requires the board to develop and
implement policies that provide the public with a reasonable opportunity to
appear before the board and speak on any issue under the board's
jurisdiction. 
 
SUBCHAPTER F.  LICENSE REQUIREMENTS

Sec. 6.01.  LICENSE REQUIRED.  (a)  Prohibits a person who is not licensed
under this Act from engaging in the public practice of the geosciences,
unless exempted by this Act. 

(b)  Prohibits a person who is not licensed from using the term "Licensed
Professional Geoscientist" or the initials "P.G." as identification, or
representing that the person is qualified to practice as a geoscientist.   

(c)  Prohibits a person from taking responsible charge of a geoscientific
report or a portion of a report required by state or federal law, state
agency rule, or regulation, or municipal or county ordinance that
incorporates or is based on a geoscientific study or data unless the person
is exempt under Section 1.04 or 6.02.   

Sec. 6.02.  EXEMPTIONS.  Lists specific activities that do not require a
license under this Act.       

Sec. 6.03.  LICENSE APPLICATION.  Establishes that an applicant for a
license as a geoscientist, including an applicant for a temporary or
reciprocal license, must sign and swear to an application before a notary
public on a form prescribed by the board which contains the applicant's
educational and professional information, at least five reference letters,
three of which must be from geoscientists who have personal knowledge of
the applicant's work experience, and a signed statement of compliance with
this Act's code of professional conduct. 

Sec. 6.04.  EXAMINATIONS.  Authorizes the board to administer and grade
oral and written examinations required under this Act.  Authorizes the
board to prepare its own examinations or to adopt an examination of another
organization if the board determines it appropriately measures the
applicant's qualifications and if the board has access to the examination
questions, the correct answers, and the applicant's completed examination,
and if the board retains the authority to determine a passing grade for a
license in this state. 

Sec. 6.05.  LICENSE ELIGIBILITY.  Establishes the eligibility requirements
for an applicant for a license as a geoscientist which include showing good
moral and ethical character as attested to by letters of reference or as
determined by the board, meeting specified educational requirements,
documenting at least four years of work experience in the field of
geoscience, passing an examination required by the board, and meeting the
board's other requirements. 

Sec. 6.06.  QUALIFYING EXPERIENCE.  Requires the board to evaluate the
experience of an applicant for a geoscientist's license by counting as one
year in the profession of the geosciences each year of professional
experience acceptable to the board that took place under the direction of a
geoscientist licensed in Texas or another state with comparable
requirements or under the direction of a person who meets the educational
and professional requirements for licensure but is not required to be
licensed under this Act.  Requires the board to establish that each year of
professional geoscience experience acquired before September 1, 2000,
constitutes one year of professional experience if the experience occurred
under the direction of a geoscientist licensed in Texas or another state
with comparable requirements, under the direction of a person who meets the
educational and professional requirements for licensure but is not required
to be licensed under this Act, or if the experience would constitute the
responsible charge of professional geoscientific work as determined by the
board. 

Sec. 6.07.  GRADUATE STUDY, RESEARCH, AND TEACHING EXPERIENCE. Provides
that each year of full-time graduate study in the geosciences that is
acceptable to the board, up to two years per applicant, constitutes one
year of professional experience in the geosciences.  Authorizes the board
to accept teaching or geoscientific research by a person studying
geosciences at the college or university level as qualifying experience if
the  experience is comparable to experience obtained in the practice of the
geosciences. 

Sec. 6.08.  RECIPROCAL LICENSE.  Requires the board, by rule, to issue a
license to a person who has not met the examination requirement of Section
6.05(4) of this Act if the person has a license or is registered to
practice geoscience elsewhere, including a territory of the United States
or a foreign country.  Authorizes the board to issue a license to an
applicant who pays the required fees and provides proof of a license under
substantially similar requirements. 

Sec. 6.09.  TEMPORARY LICENSE.  Authorizes the board to issue a temporary
license to a person  waiting for a determination on an application for a
reciprocal license, in which case the temporary license would expire upon
such determination.  Authorizes the board to issue a temporary license to a
nonresident of Texas who seeks to practice geoscience in this state for a
temporary period and does not have an established place of business, in
which case the temporary license would expire 90 days after issuance.
Establishes application procedures for a temporary license. 

Sec. 6.10.  WAIVER OF REQUIREMENTS.  Authorizes the board to waive any of
the requirements for licensure, except the fee payment, by a two-thirds
vote of the entire board upon an applicant's written request and showing of
good cause.  Provides that each waived requirement be recorded in the
applicant's record and in the board's proceedings.  

Sec. 6.11.  CONFIDENTIALITY OF CERTAIN INFORMATION.  Establishes as
confidential any information relating to a statement provided as a
reference for an applicant for a license.  Authorizes the board or the
board's staff to use the information only in the application or licensure
process.  Provides that confidential information under this section is not
subject to discovery, subpoena, or other disclosure in any proceeding. 

Sec. 6.12.  ISSUANCE OF A LICENSE.  Requires the board to issue a license
to an applicant who satisfies the requirements of this Act and who pays the
license fee.  Specifies the information which must be contained on the
license.  Establishes the issuance of a license as prima facie evidence
that the license holder is entitled to all the rights and privileges of a
licensed geoscientist and is entitled to practice the geosciences as a firm
or corporation. 

Sec. 6.13.  LICENSE DURATION; EXPIRATION.  Provides that a license is valid
for a period not to exceed three years and expires according to a schedule
established by the board. Prohibits an expired license from being renewed
except as provided by this Act. 

Sec. 6.14.  SEAL.  Provides that a license holder, upon issuance of the
license, must obtain a specific seal which is to be used along with the
full name, signature, and license number of the license holder on
geoscientific documents and reports as specified by board rule. 

Sec. 6.15.  REPLACEMENT OF LOST, DESTROYED, OR MUTILATED LICENSE. Requires
the board to replace a license that has been lost, destroyed, or mutilated,
subject to the board's rules and fees.   

SUBCHAPTER G.  LICENSE RENEWAL

Sec. 7.01.  LICENSE RENEWAL.  Requires the board to notify the license
holder of the expiration date and renewal fee required no later than 60
days before the license expires. Requires the board to renew the license of
a holder no later than 60 days after the license expires if the license
holder meets the board's requirements for renewal and submits the required
renewal application and fee and penalty for late renewal, if necessary.
Authorizes the board, by rule, to establish procedures for the reissuance
of a license that has lapsed, expired, been suspended, or revoked. 

Sec. 7.02.  CONTINUING PROFESSIONAL EDUCATION.  Authorizes the board to
require each license holder to participate in a continuing education
program as a condition for license renewal. 
 
SUBCHAPTER H.  PUBLIC PRACTICE OF THE GEOSCIENCES

Sec. 8.01.  PUBLIC PRACTICE OF THE GEOSCIENCES BY FIRM OR CORPORATION. (a)
Authorizes a  firm or corporation to engage in the public practice of the
geosciences only if  the geoscientific work is performed by or under the
supervision of a licensed geoscientist who signs and seals all documents,
or if the principal business of the firm or corporation is the public
practice of the geosciences and the director of the corporation is a
licensed geoscientist who has supervision over the geoscientific work.
Provides that engineering firms excluded from the application of this Act
in Section 1.04 are an exception to this subsection. 

(b)  Authorizes the board to adopt rules relating to the practice of the
geosciences by a firm or corporation.  Requires the rules to recognize that
this Act does not apply to licensed professional engineers or engineering
firms performing services or works that are both engineering and
geoscience.  Exempts firms that engage in the practice of both engineering
and geoscience from any firm registration requirements under this section.  

(c)  Prohibits a person from representing to the public that the
individual, firm, or corporation is a licensed geoscientist or able to
perform geoscientific services except as provided by this section. 

SUBCHAPTER I.  LICENSE DENIAL AND 
DISCIPLINARY ACTIONS AND PROCEDURE

Sec. 9.01.  DENIAL OF LICENSE.  Authorizes the board to deny a license to
an applicant who fails to satisfy a requirement of this Act or if probable
cause exists that the person has violated this Act, a provision of this Act
to which a license holder is subject, or a comparable provision in the
licensing or registration law of another state.  Prohibits the board from
issuing 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.  Requires the board to notify an applicant who has been denied
no later than 30 days after the decision and authorizes the denied
applicant to request a hearing no later than 30 days after receiving the
notice; otherwise, the board's decision is final. 

Sec. 9.02.  GROUNDS FOR DISCIPLINARY ACTION.  Authorizes the board to
impose sanctions for certain enumerated offenses.    

Sec. 9.03.  DISCIPLINARY ACTIONS.  Authorizes the board to take certain
enumerated disciplinary actions.  Prohibits the board from imposing a
sanction for a disciplinary action taken by a state agency, board of
registration, or similar licensing agency for geoscientists or an
occupation related to the public practice of geoscience. 

Sec. 9.04.  RIGHT TO HEARING.  Entitles a person to a hearing if the board
proposes to suspend or revoke the person's license.   

Sec. 9.05.  REINSTATEMENT.  Authorizes the board, upon application, to
reinstate a revoked license by a majority vote of the entire board.
Authorizes the board to review the applicant's qualifications, require
continuing education, conduct a reexamination, and require evidence of the
applicant's competency as conditions for reinstatement.   

SUBCHAPTER J.  ADMINISTRATIVE PENALTY

Sec. 10.01.  IMPOSITION OF PENALTY.  Authorizes the board to impose an
administrative penalty against a person who violates this Act or a rule or
order adopted under this Act. 

Sec. 10.02.  AMOUNT OF PENALTY.  Authorizes the board to include the costs
of investigating and prosecuting a violation in the amount of an
administrative penalty, not to  exceed $3,000 per violation.  Provides that
each day that a violation continues or occurs counts as a separate
violation.  Requires the amount of the penalty to be based on a list of
enumerated factors.   

Sec. 10.03.  PROCEDURAL RULES.  Requires the board to adopt rules of
procedure which conform with Chapter 2001 (Administrative Procedure),
Government Code, for the imposition of an administrative penalty.   

Sec. 10.04.  OPTIONS FOLLOWING FINAL ORDER:  PAY OR APPEAL.  (a)  Requires
a person to pay the penalty, pay the penalty and file a petition contesting
the ruling and amount of the penalty or both, or file the petition without
paying the penalty, not later than 30 days after the board's order becomes
final.  

(b)  Authorizes a person who files a petition contesting the occurrence of
a violation without paying the penalty within a 30-day period to stay
enforcement of the penalty by either paying the penalty to the court for
placement in an escrow account or giving the court a supersedeas bond for
the amount of the penalty effective until judicial review of the board's
order is final.  Authorizes the person to request the court to stay
enforcement of the penalty by filing a sworn affidavit with the court, with
a copy to the executive director by certified mail, stating the person's
financial inability to pay the penalty or give the supersedeas bond. 

(c)  Authorizes the executive director to file a contest to an affidavit
with the court no later than five days after receipt of the copy.  Requires
the court to hold a hearing on the facts alleged in the affidavit and to
stay enforcement of the penalty upon finding that the alleged facts are
true.  Provides that the person filing the affidavit has the burden of
proving the inability to pay the penalty and give the supersedeas bond. 

Sec. 10.05.  COLLECTION OF PENALTY.  Authorizes the executive director to
refer to the attorney general a matter concerning the collection of an
unpaid penalty that is not stayed. 

Sec. 10.06.  STANDARD OF JUDICIAL REVIEW.  Establishes that the order of
the board is subject to judicial review under the substantial evidence
rule. 

Sec. 10.07.  REMITTANCE OF PENALTY AND INTEREST.  Authorizes the court to
uphold or reduce the amount of the penalty or to order that no penalty is
owed, depending on whether the court sustains the occurrence of the
violation.  Requires the court to order the remittance of the amount paid
plus accrued interest to the person who paid the penalty if the penalty is
reduced or not imposed.  Requires the interest be applied for a specific
time period with a specific rate.  Requires the court to order the release
of a posted supersedeas bond if the penalty is not imposed or if the person
pays the penalty. 

SUBCHAPTER K.  CRIMINAL PENALTY

Sec. 11.01.  CRIMINAL PENALTY.  Establishes that a person commits an
offense if the person practices or offers to practice geoscience in Texas
without a license or an exemption under this Act, uses or attempts to use
the license or seal of another, gives false evidence to the board in
obtaining a license, or otherwise violates this Act.  Classifies an offense
under this section as a Class A misdemeanor. 

SUBCHAPTER L.  OTHER ENFORCEMENT PROVISIONS

Sec. 12.01.  INJUNCTION.  Authorizes the board to seek an injunction
against a violation of this Act or a rule adopted under this Act. 

SUBCHAPTER M.  TRANSITION

Sec. 13.01.  TRANSITION.  Authorizes a person applying for a license under
this Act before September 1, 2000, to qualify for licensure without
completing the examination requirement  if the applicant fulfills the other
four requirements in Section 6.05.  Provides that an initial board member
who is required to be a licensed geoscientist must qualify for licensure
under those four requirements.  Requires the governor to make the initial
board appointments within a specific time frame.  Requires the board to
hold its first meeting before January 1, 2000, and to adopt rules under
this Act no later than November 30, 2000.  Provides that a person is not
required to obtain a license under this Act until January 1, 2001. 

SECTION 2.  Amends Section 232.002, Family Code, to include the board in
the list of state agencies that are licensing authorities subject to this
chapter (Suspension of License for Failure to Pay Child Support or Comply
With Subpoena). 

SECTION 3.  Effective date: September 1, 1999, except that Section 6.01 and
Subchapters J and K, Texas Geoscience Practice Act, as adopted by this Act,
take effect January 1, 2001.   

SECTION 4.  Emergency clause.