Texas 2009 - 81st Regular

Texas Senate Bill SB940 Compare Versions

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1	1	S.B. No. 940
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of the public practice of geoscience.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 1002.002, Occupations Code, is amended
8	8	by adding Subdivisions (3-a) and (4-a) and amending Subdivision (5)
9	9	to read as follows:
10	10	(3-a) "Geoscience firm" means a firm, corporation, or
11	11	other business entity as defined by the board and registered by the
12	12	board to engage in the public practice of geoscience.
13	13	(4-a) "Geoscientist in training" means a person
14	14	registered by the board on the basis of education and who meets
15	15	other requirements established by the board but who is not fully
16	16	qualified to become a licensed geoscientist under this chapter.
17	17	(5) "Licensed geoscientist" or "professional
18	18	geoscientist" means a person who holds a license issued by the board
19	19	under this chapter.
20	20	SECTION 2. Section 1002.154, Occupations Code, is amended
21	21	by adding Subsections (a-1) and (a-2) to read as follows:
22	22	(a-1) Complaints and investigations under this chapter are
23	23	of two types:
24	24	(1) complaints received from a member of the public;
25	25	and
26	26	(2) complaints and investigations that are initiated
27	27	by the board as a result of information that becomes known to the
28	28	board or board staff and that may indicate a violation.
29	29	(a-2) The board by rule shall prioritize complaints and
30	30	investigations. Rules adopted under this subsection must provide
31	31	that:
32	32	(1) a complaint that alleges an action that may harm
33	33	the public takes precedence over a complaint that does not allege an
34	34	action that may harm the public or may harm the public to a lesser
35	35	degree; and
36	36	(2) with regard to complaints that do not allege an
37	37	action that may harm the public, a complaint filed by a member of
38	38	the public takes precedence over a complaint initiated by the
39	39	board.
40	40	SECTION 3. Section 1002.202, Occupations Code, is amended
41	41	by amending Subsection (b) and adding Subsections (c), (d), (e),
42	42	and (f) to read as follows:
43	43	(b) A complaint from a member of the public must be:
44	44	(1) in writing;
45	45	(2) sworn to by the person making the complaint; and
46	46	(3) filed with the secretary-treasurer.
47	47	(c) A complaint that is initiated by the board or board
48	48	staff must be:
49	49	(1) in writing; and
50	50	(2) signed by the person who became aware of
51	51	information that may indicate a violation.
52	52	(d) A complaint must contain sufficient information for the
53	53	board to determine whether the board has the jurisdiction and
54	54	authority to resolve the complaint. If the board does not have the
55	55	jurisdiction and authority, the board shall dismiss the complaint.
56	56	A complaint must have sufficient information for the board to
57	57	commence an investigation, though the amount of information
58	58	ultimately required for the board to determine the validity of the
59	59	complaint may be more than the information initially included with
60	60	the complaint.
61	61	(e) The board shall maintain the confidentiality of a
62	62	complaint from the time of receipt through the conclusion of the
63	63	investigation of the complaint. Complaint information is not
64	64	confidential after the date formal charges are filed.
65	65	(f) For any complaint determined to be frivolous or without
66	66	merit, the complaint and other information related to the complaint
67	67	are confidential. The information is not subject to discovery,
68	68	subpoena, or other disclosure. A complaint is considered to be
69	69	frivolous if the executive director and investigator, with board
70	70	approval, determine that the complaint:
71	71	(1) was made for the likely purpose of harassment; and
72	72	(2) does not demonstrate apparent harm to any person.
73	73	SECTION 4. Subchapter H, Chapter 1002, Occupations Code, is
74	74	amended by adding Sections 1002.352 and 1002.353 to read as
75	75	follows:
76	76	Sec. 1002.352. GEOSCIENTIST IN TRAINING. The board by rule
77	77	shall establish criteria by which an individual who expresses the
78	78	intent to become a licensed geoscientist under this chapter may
79	79	register with the board as a geoscientist in training.
80	80	Sec. 1002.353. ADVISORY OPINIONS. (a) On its own
81	81	initiative or at the request of any interested person, the board
82	82	shall prepare a written advisory opinion regarding:
83	83	(1) an interpretation of this chapter; or
84	84	(2) the application of this chapter to a person with
85	85	respect to a specified existing or hypothetical factual situation.
86	86	(b) The board shall respond to a request for an opinion not
87	87	later than the 180th day after the date the request is submitted to
88	88	the board unless the board affirmatively states the board's reason
89	89	for not responding to the request within that period or not
90	90	responding to the request at all.
91	91	(c) The board shall:
92	92	(1) number and classify each advisory opinion issued
93	93	under this subchapter; and
94	94	(2) annually compile a summary of the opinions in a
95	95	single document that is available on the Internet.
96	96	(d) The authority of the board to issue an advisory opinion
97	97	under this subchapter does not affect the authority of the attorney
98	98	general to issue an opinion as authorized by law.
99	99	(e) It is a defense to prosecution or to imposition of an
100	100	administrative penalty that a person reasonably relied on a written
101	101	advisory opinion of the board relating to:
102	102	(1) the provision of the law the person is alleged to
103	103	have violated; or
104	104	(2) a fact situation that is substantially similar to
105	105	the fact situation in which the person is involved.
106	106	SECTION 5. This Act takes effect September 1, 2009.
107	107	______________________________ ______________________________
108	108	President of the Senate Speaker of the House
109	109	I hereby certify that S.B. No. 940 passed the Senate on
110	110	April 9, 2009, by the following vote: Yeas 31, Nays 0.
111	111	______________________________
112	112	Secretary of the Senate
113	113	I hereby certify that S.B. No. 940 passed the House on
114	114	May 26, 2009, by the following vote: Yeas 146, Nays 0, one
115	115	present not voting.
116	116	______________________________
117	117	Chief Clerk of the House
118	118	Approved:
119	119	______________________________
120	120	Date
121	121	______________________________
122	122	Governor