86R5287 MP-D
By: Watson, et al. S.B. No. 609
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Board of
Professional Geoscientists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1002.003, Occupations Code, is amended
to read as follows:
Sec. 1002.003. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Geoscientists 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 chapter expires
September 1, 2025 [2019].
SECTION 2. Section 1002.057, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The governor shall designate a member of the board as
the presiding officer of the board to serve in that capacity at the
pleasure of the governor.
(a-1) The board shall elect biennially from its own
membership an [a presiding officer,] assistant presiding
officer[,] and a secretary-treasurer. A member may not hold a
position described by this subsection [one of those positions] for
more than two consecutive two-year periods. A member serves in a
[the] position described by this subsection at the will of the board
and may be removed from that [the] position by a two-thirds majority
vote of the board.
SECTION 3. Section 1002.060, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations [legislation
that created the board];
(2) the board's programs, functions, rules, and budget
[operated by the board];
(3) the scope of and limitations on the rulemaking
authority of the board [role and functions of the board];
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including rules,
interpretations, and enforcement actions that:
(A) regulate the scope of practice of persons in
a profession or business the board regulates;
(B) restrict advertising by persons in a
profession or business the board regulates;
(C) affect the price of goods or services
provided by persons in a profession or business the board
regulates; and
(D) restrict participation in a profession or
business the board regulates [rules of the board, with an emphasis
on the rules that relate to disciplinary and investigative
authority];
(5) [the current budget for the board;
[(6)] the results of the most recent formal audit of the
board;
(6) [(7)] the requirements of:
(A) laws relating to [the] open meetings, [law,
Chapter 551, Government Code;
[(B) the] public information, [law, Chapter 552,
Government Code;
[(C) the] administrative procedure, and
disclosure of conflicts of interest [law, Chapter 2001, Government
Code]; and
(B) [(D)] other laws applicable to members of a
state policymaking body in performing their duties [relating to
public officials, including conflict-of-interest laws]; and
(7) [(8)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director of the board shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the board. Each
member of the board shall sign and submit to the executive director
a statement acknowledging that the member received and has reviewed
the training manual.
SECTION 4. Subchapter D, Chapter 1002, Occupations Code, is
amended by adding Section 1002.1511 to read as follows:
Sec. 1002.1511. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 5. Section 1002.204(a), Occupations Code, is
amended to read as follows:
(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 of the board's policies and
procedures relating to complaint investigation and resolution.
SECTION 6. Sections 1002.253(a) and (c), Occupations Code,
are amended to read as follows:
(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 [and sworn to] by the
applicant [before a notary public].
(c) The application must be accompanied by[:
[(1) not fewer than five reference letters, of which
not fewer than three are from geoscientists, or other professionals
acceptable to the board, who have personal knowledge of the
applicant's relevant work experience; and
[(2)] the appropriate application fee.
SECTION 7. Section 1002.255(a), Occupations Code, is
amended to read as follows:
(a) To be eligible for a license under this chapter, an
applicant must:
(1) be of good moral and ethical character as
[attested to by letters of reference submitted in behalf of the
applicant or as otherwise] determined by the board;
(2) 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 30 semester hours
or 45 quarter hours of credit in geoscience, of which at least 20
semester hours or 30 quarter hours of credit must be in upper-level
college courses in that discipline; or
(B) satisfactorily completed other equivalent
educational requirements as determined by the board;
(3) have a documented record of at least five years of
qualifying work experience, as provided by Section 1002.256, that
demonstrates that the applicant is qualified to assume responsible
charge of geoscientific work;
(4) pass an examination required by the board covering
the fundamentals and practice of the appropriate discipline of
geoscience; and
(5) meet any other requirements established by the
board.
SECTION 8. Section 1002.260, Occupations Code, is amended
to read as follows:
Sec. 1002.260. CONFIDENTIALITY OF CERTAIN INFORMATION. A
statement made by a person who provides [a reference for an
applicant for a license under this chapter or 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 who is directly involved
in the application or licensure process. Confidential information
under this section is not subject to discovery, subpoena, or other
disclosure in any proceeding.
SECTION 9. Section 1002.452(b), Occupations Code, is
amended to read as follows:
(b) The amount of the penalty may not exceed $1,500 [$100]
for each violation. Each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty.
SECTION 10. (a) Except as provided by Subsection (b) of
this section, Section 1002.060, Occupations Code, as amended by
this Act, applies to a member of the Texas Board of Professional
Geoscientists appointed before, on, or after the effective date of
this Act.
(b) A member of the Texas Board of Professional
Geoscientists who, before the effective date of this Act, completed
the training program required by Section 1002.060, Occupations
Code, as that law existed before the effective date of this Act, is
required to complete additional training only on subjects added by
this Act to the training program as required by Section 1002.060,
Occupations Code, as amended by this Act. A board member described
by this subsection may not vote, deliberate, or be counted as a
member in attendance at a meeting of the board held on or after
December 1, 2019, until the member completes the additional
training.
SECTION 11. Sections 1002.253 and 1002.255, Occupations
Code, as amended by this Act, apply only to an application for a
license to practice geoscience filed on or after the effective date
of this Act. An application for a license filed before the
effective date of this Act is governed by the law in effect on the
date the application was filed, and the former law is continued in
effect for that purpose.
SECTION 12. As soon as practicable after the effective date
of this Act, the governor shall designate a member of the Texas
Board of Professional Geoscientists as the presiding officer of the
board pursuant to Section 1002.057, Occupations Code, as amended by
this Act.
SECTION 13. Section 1002.452, Occupations Code, as amended
by this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 14. This Act takes effect September 1, 2019.