Texas 2009 - 81st Regular

Texas House Bill HB2821 Compare Versions

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1	1	81R3881 JAM-F
2	2	By: Chisum, Chavez H.B. No. 2821
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the public practice of geoscience.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1002.002, Occupations Code, is amended
10	10	by adding Subdivisions (3-a) and (4-a) and amending Subdivision (5)
11	11	to read as follows:
12	12	(3-a) "Geoscience firm" means a firm, corporation, or
13	13	other business entity as defined by the board and registered by the
14	14	board to engage in the public practice of geoscience.
15	15	(4-a) "Geoscientist in training" means a person
16	16	registered by the board on the basis of education and who meets
17	17	other requirements established by the board but who is not fully
18	18	qualified to become a licensed geoscientist under this chapter.
19	19	(5) "Licensed geoscientist" or "professional
20	20	geoscientist" means a person who holds a license issued by the board
21	21	under this chapter.
22	22	SECTION 2. Section 1002.154, Occupations Code, is amended
23	23	by adding Subsections (a-1) and (a-2) to read as follows:
24	24	(a-1) Complaints and investigations under this chapter are
25	25	of two types:
26	26	(1) complaints received from a member of the public;
27	27	and
28	28	(2) complaints and investigations that are initiated
29	29	by the board as a result of information that becomes known to the
30	30	board or board staff and that may indicate a violation.
31	31	(a-2) The board by rule shall prioritize complaints and
32	32	investigations. Rules adopted under this subsection must provide
33	33	that:
34	34	(1) a complaint that alleges an action that may harm
35	35	the public takes precedence over a complaint that does not allege an
36	36	action that may harm the public or may harm the public to a lesser
37	37	degree; and
38	38	(2) with regard to complaints that do not allege an
39	39	action that may harm the public, a complaint filed by a member of
40	40	the public takes precedence over a complaint initiated by the
41	41	board.
42	42	SECTION 3. Section 1002.202, Occupations Code, is amended
43	43	by amending Subsection (b) and adding Subsections (c), (d), (e),
44	44	and (f) to read as follows:
45	45	(b) A complaint from a member of the public must be:
46	46	(1) in writing;
47	47	(2) sworn to by the person making the complaint; and
48	48	(3) filed with the secretary-treasurer.
49	49	(c) A complaint that is initiated by the board or board
50	50	staff must be:
51	51	(1) in writing; and
52	52	(2) signed by the person who became aware of
53	53	information that may indicate a violation.
54	54	(d) A complaint must contain sufficient information for the
55	55	board to determine whether the board has the jurisdiction and
56	56	authority to resolve the complaint. If the board does not have the
57	57	jurisdiction and authority, the board shall dismiss the complaint.
58	58	A complaint must have sufficient information for the board to
59	59	commence an investigation, though the amount of information
60	60	ultimately required for the board to determine the validity of the
61	61	complaint may be more than the information initially included with
62	62	the complaint.
63	63	(e) The board shall maintain the confidentiality of a
64	64	complaint from the time of receipt through the conclusion of the
65	65	investigation of the complaint. Complaint information is not
66	66	confidential after the date formal charges are filed.
67	67	(f) For any complaint determined to be frivolous or without
68	68	merit, the complaint and other information related to the complaint
69	69	are confidential. The information is not subject to discovery,
70	70	subpoena, or other disclosure. A complaint is considered to be
71	71	frivolous if the executive director and investigator, with board
72	72	approval, determine that the complaint:
73	73	(1) was made for the likely purpose of harassment; and
74	74	(2) does not demonstrate apparent harm to any person.
75	75	SECTION 4. Subchapter H, Chapter 1002, Occupations Code, is
76	76	amended by adding Sections 1002.352 and 1002.353 to read as
77	77	follows:
78	78	Sec. 1002.352. GEOSCIENTIST IN TRAINING. The board by rule
79	79	shall establish criteria by which an individual who expresses the
80	80	intent to become a licensed geoscientist under this chapter may
81	81	register with the board as a geoscientist in training.
82	82	Sec. 1002.353. ADVISORY OPINIONS. (a) On its own
83	83	initiative or at the request of any interested person, the board
84	84	shall prepare a written advisory opinion regarding:
85	85	(1) an interpretation of this chapter; or
86	86	(2) the application of this chapter to a person with
87	87	respect to a specified existing or hypothetical factual situation.
88	88	(b) The board shall respond to a request for an opinion not
89	89	later than the 180th day after the date the request is submitted to
90	90	the board unless the board affirmatively states the board's reason
91	91	for not responding to the request within that period or not
92	92	responding to the request at all.
93	93	(c) The board shall:
94	94	(1) number and classify each advisory opinion issued
95	95	under this subchapter; and
96	96	(2) annually compile a summary of the opinions in a
97	97	single document that is available on the Internet.
98	98	(d) The authority of the board to issue an advisory opinion
99	99	under this subchapter does not affect the authority of the attorney
100	100	general to issue an opinion as authorized by law.
101	101	(e) It is a defense to prosecution or to imposition of an
102	102	administrative penalty that a person reasonably relied on a written
103	103	advisory opinion of the board relating to:
104	104	(1) the provision of the law the person is alleged to
105	105	have violated; or
106	106	(2) a fact situation that is substantially similar to
107	107	the fact situation in which the person is involved.
108	108	SECTION 5. This Act takes effect September 1, 2009.