81R3881 JAM-F
By: Wentworth S.B. No. 940
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the public practice of geoscience.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1002.002, Occupations Code, is amended
by adding Subdivisions (3-a) and (4-a) and amending Subdivision (5)
to read as follows:
(3-a) "Geoscience firm" means a firm, corporation, or
other business entity as defined by the board and registered by the
board to engage in the public practice of geoscience.
(4-a) "Geoscientist in training" means a person
registered by the board on the basis of education and who meets
other requirements established by the board but who is not fully
qualified to become a licensed geoscientist under this chapter.
(5) "Licensed geoscientist" or "professional
geoscientist" means a person who holds a license issued by the board
under this chapter.
SECTION 2. Section 1002.154, Occupations Code, is amended
by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) Complaints and investigations under this chapter are
of two types:
(1) complaints received from a member of the public;
and
(2) complaints and investigations that are initiated
by the board as a result of information that becomes known to the
board or board staff and that may indicate a violation.
(a-2) The board by rule shall prioritize complaints and
investigations. Rules adopted under this subsection must provide
that:
(1) a complaint that alleges an action that may harm
the public takes precedence over a complaint that does not allege an
action that may harm the public or may harm the public to a lesser
degree; and
(2) with regard to complaints that do not allege an
action that may harm the public, a complaint filed by a member of
the public takes precedence over a complaint initiated by the
board.
SECTION 3. Section 1002.202, Occupations Code, is amended
by amending Subsection (b) and adding Subsections (c), (d), (e),
and (f) to read as follows:
(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 secretary-treasurer.
(c) A complaint that is initiated by the board or board
staff must be:
(1) in writing; and
(2) signed by the person who became aware of
information that may indicate a violation.
(d) A complaint must contain sufficient information for the
board to determine whether the board has the jurisdiction and
authority to resolve the complaint. If the board does not have the
jurisdiction and authority, the board shall dismiss the complaint.
A complaint must have sufficient information for the board to
commence an investigation, though the amount of information
ultimately required for the board to determine the validity of the
complaint may be more than the information initially included with
the complaint.
(e) The board shall maintain the confidentiality of a
complaint from the time of receipt through the conclusion of the
investigation of the complaint. Complaint information is not
confidential after the date formal charges are filed.
(f) For any complaint determined to be frivolous or without
merit, the complaint and other information related to the complaint
are confidential. The information is not subject to discovery,
subpoena, or other disclosure. A complaint is considered to be
frivolous if the executive director and investigator, with board
approval, determine that the complaint:
(1) was made for the likely purpose of harassment; and
(2) does not demonstrate apparent harm to any person.
SECTION 4. Subchapter H, Chapter 1002, Occupations Code, is
amended by adding Sections 1002.352 and 1002.353 to read as
follows:
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.
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 specified existing or hypothetical factual situation.
(b) The board shall respond to a request for an opinion not
later than the 180th day after the date the request is submitted to
the board unless the board affirmatively states the board's reason
for not responding to the request within that period or not
responding to the request at all.
(c) 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 document that is available on the Internet.
(d) 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.
(e) It is a defense to prosecution or to imposition of an
administrative 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 fact situation that is substantially similar to
the fact situation in which the person is involved.
SECTION 5. This Act takes effect September 1, 2009.