SB-405

INDEX

SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT ................................................................................................. 1

SUBCHAPTER A. GENERAL PROVISIONS .................................................................................................................................. 1

Sec. 1.01. SHORT TITLE ........................................................................................................................................................ 1

Sec. 1.02. DEFINITIONS ........................................................................................................................................................ 1

Sec. 1.03. APPLICATION OF SUNSET ACT ..................................................................................................................... 1

Sec. 1.04. APPLICATION OF ACT ...................................................................................................................................... 2

SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS ........................................................................... 3

Sec. 2.01. BOARD MEMBERSHIP ....................................................................................................................................... 3

Sec. 2.02. MEMBER ELIGIBILITY ........................................................................................................................................ 3

Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS ........................................................................................ 4

Sec. 2.04. TERMS .................................................................................................................................................................... 4

Sec. 2.05. GROUNDS FOR REMOVAL ................................................................................................................................ 4

Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES ............................................................................................... 5

Sec. 2.07. OFFICERS ............................................................................................................................................................... 5

Sec. 2.08. OFFICE .................................................................................................................................................................... 5

Sec. 2.09. MEETINGS ............................................................................................................................................................. 5

Sec. 2.10. TRAINING .............................................................................................................................................................. 5

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL ................................................................................................ 6

Sec. 3.01. EXECUTIVE DIRECTOR ...................................................................................................................................... 6

Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT ........................................................................................... 6

Sec. 3.03. DIVISION OF RESPONSIBILITIES ..................................................................................................................... 6

Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION ................................................ 6

Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS ........................................................... 6

Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY ......................................................................................... 7

SUBCHAPTER D. BOARD POWERS AND DUTIES ................................................................................................................... 7

Sec. 4.01. GENERAL RULEMAKING AUTHORITY ......................................................................................................... 7

Sec. 4.02. FEES ........................................................................................................................................................................ 7

Sec. 4.03. CODE OF PROFESSIONAL CONDUCT ............................................................................................................ 7

Sec. 4.04. ENFORCEMENT; REFERRAL OF COMPLAINTS AND INVESTIGATIONS .................................................... 7

Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS ................................................................................................. 8

Sec. 4.06. ESTABLISHMENT OF DISCIPLINES ................................................................................................................ 8

Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS ............................................................................. 8

Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES ........................................................................... 8

Sec. 4.09. ROSTER OF LICENSE HOLDERS ....................................................................................................................... 9

Sec. 4.10. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENTS EXIST ............................................................................................................................................................ 9

............. SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES 9

Sec. 5.01. PUBLIC INTEREST INFORMATION ................................................................................................................ 9

Sec. 5.02. COMPLAINTS ....................................................................................................................................................... 9

Sec. 5.03. RECORDS OF COMPLAINTS ............................................................................................................................. 9

Sec. 5.04. COMPLAINT INVESTIGATION AND DISPOSITION .................................................................................. 10

Sec. 5.05. PUBLIC PARTICIPATION ................................................................................................................................. 10

SUBCHAPTER F. LICENSE REQUIREMENTS ............................................................................................................................. 10

Sec. 6.01. LICENSE REQUIRED ........................................................................................................................................... 10

Sec. 6.02. EXEMPTIONS ...................................................................................................................................................... 10

Sec. 6.03. LICENSE APPLICATION .................................................................................................................................... 11

Sec. 6.04. EXAMINATIONS ................................................................................................................................................ 12

Sec. 6.05. LICENSE ELIGIBILITY ........................................................................................................................................ 12

Sec. 6.06. QUALIFYING WORK EXPERIENCE ................................................................................................................ 12

Sec. 6.07. RECIPROCAL LICENSE ...................................................................................................................................... 13

Sec. 6.08. TEMPORARY LICENSE ...................................................................................................................................... 13

Sec. 6.09. WAIVER OF REQUIREMENTS ......................................................................................................................... 14

Sec. 6.10. CONFIDENTIALITY OF CERTAIN INFORMATION .................................................................................... 14

Sec. 6.11. ISSUANCE OF LICENSE ..................................................................................................................................... 14

Sec. 6.12. LICENSE DURATION; EXPIRATION .............................................................................................................. 14

Sec. 6.13. SEAL ...................................................................................................................................................................... 14

Sec. 6.14. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED LICENSE .................................................... 15

SUBCHAPTER G. LICENSE RENEWAL ........................................................................................................................................ 15

Sec. 7.01. LICENSE RENEWAL ........................................................................................................................................... 15

Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION .............................................................................................. 15

SUBCHAPTER H. PUBLIC PRACTICE OF GEOSCIENCE .......................................................................................................... 15

Sec. 8.01. PUBLIC PRACTICE OF GEOSCIENCE BY FIRM OR CORPORATION ...................................................... 15

SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES ........................................................................... 16

Sec. 9.01. DENIAL OF LICENSE .......................................................................................................................................... 16

Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION ...................................................................................................... 16

Sec. 9.03. DISCIPLINARY ACTIONS ................................................................................................................................. 17

Sec. 9.04. RIGHT TO HEARING .......................................................................................................................................... 18

Sec. 9.05. REINSTATEMENT .............................................................................................................................................. 18

SUBCHAPTER J. ADMINISTRATIVE PENALTY ....................................................................................................................... 18

Sec. 10.01. IMPOSITION OF PENALTY ............................................................................................................................ 18

Sec. 10.02. AMOUNT OF PENALTY .................................................................................................................................. 18

Sec. 10.03. ADMINISTRATIVE PROCEDURE .................................................................................................................. 18

Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL ..................................................................... 18

Sec. 10.05. COLLECTION OF PENALTY ........................................................................................................................... 19

Sec. 10.06. STANDARD OF JUDICIAL REVIEW ............................................................................................................. 19

Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST ........................................................................................... 19

SUBCHAPTER K. OTHER ENFORCEMENT PROVISIONS ....................................................................................................... 20

Sec. 11.01. INJUNCTION ...................................................................................................................................................... 20

SUBCHAPTER L. TRANSITION .................................................................................................................................................... 20

Sec. 12.01. TRANSITION ..................................................................................................................................................... 20

SECTION 2. AMENDMENTS ..................................................................................................................................................................... 20

SECTION 3. EFFECTIVE DATE .................................................................................................................................................................. 21

AN ACT

relating to the regulation of professional geoscientists; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT . The Texas Geoscience Practice Act is adopted to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1.01. SHORT TITLE. This Act may be cited as the Texas Geoscience Practice Act.

Sec. 1.02. DEFINITIONS. In this Act:

(1) "Board" means the Texas Board of Professional Geoscientists.

(2) "Certified geoscientist" means a geoscientist who has been certified in a discipline of geoscience by a professional organization, society, or association that maintains a certification program.

(3) "Geoscience" means the science of the earth and its origin and history, the investigation of the earth's environment and its constituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the earth.

(4) "Geoscientist" means a person qualified to engage in the public practice of geoscience because of the person's knowledge, acquired through education and practical experience, of geoscience, mathematics, and the supporting physical, chemical, mineralogical, morphological, and life sciences.

(5) "Licensed geoscientist" means a person who holds a license issued by the board under this Act.

(6) "Practice for the public":

(A) means providing professional geoscientific services:

(i) for a governmental entity in this state;

(ii) to comply with a rule established by this state or a political subdivision of this state; or

(iii) for the public or a firm or corporation in this state if the practitioner assumes the ultimate liability for the work product; and

(B) does not include services provided for the express use of a firm or corporation by an employee or consultant if the firm or corporation assumes the ultimate liability for the work product.

(7) "Public practice of geoscience" means the practice for the public of geoscientific services or work, including consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work and the responsible supervision of those tasks.

(8) "Responsible charge" means the independent control and direction of geoscientific work or the supervision of geoscientific work by the use of initiative, skill, and independent judgment.

Sec. 1.03. 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 Act expires September 1, 2013.

Sec. 1.04. APPLICATION OF ACT.

(a) In this section:

(1) "Driller" and "licensed driller" have the meanings assigned those terms by Section 32.001, Water Code.

(2) "Installer" and "licensed installer" have the meanings assigned those terms by Section 33.001, Water Code.

(3) "Licensed engineer" and "practice of engineering" have the meanings assigned those terms by Section 2, The Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes).

(4) "Professional surveying" has the meaning assigned by Section 2, Professional Land Surveying Practices Act (Article 5282c, Vernon's Texas Civil Statutes).

(b) This Act does not authorize the practice of professional surveying by a licensed geoscientist. This Act does not apply to a qualified and registered surveyor who confines the surveyor's practice to acts of surveying allowed under the Professional Land Surveying Practices Act (Article 5282c, Vernon's Texas Civil Statutes).

(d) 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) A recommendation, design, analysis, redesign, or review and evaluation, the supervision, or a summary analysis of an engineered structure or 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 (Article 3271a, Vernon's Texas Civil Statutes).

(f) 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) This Act does not permit a licensed geoscientist to provide construction quality control and evaluation, to perform materials engineering and testing, or to design, develop, or perform engineering review and evaluation of engineering plans and engineering specifications for an engineered structure or work unless the action is under the supervision of a licensed engineer.

(h) With regard to an environmental and pollution remediation project, this Act:

(1) permits the characterization, study, appraisal, investigation, analysis, and geoscientific review and evaluation of and the making of recommendations regarding the geoscientific components of the project by a licensed geoscientist; and

(2) does not permit the design, development, or performance of engineering review and evaluation of a component of the project consisting of an engineered structure, work, or process or a related constructed improvement by a licensed geoscientist.

(i) With regard to a geoscientific investigation of geological conditions affecting an engineered structure, work, or process, this Act:

(2) does not permit the design, development, or performance of engineering review and evaluation of the engineered structure, work, or process or a related constructed improvement by a licensed geoscientist.

(j) The board and the Texas Board of Professional Engineers by rule, memorandum of understanding, or other appropriate procedure or document shall jointly resolve any conflict between this Act or a rule adopted under this Act and The Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes) or a rule adopted under that Act.

(k) This Act does not authorize a licensed geoscientist to act as or offer to perform services as a driller or installer. This Act does not apply to a licensed driller or licensed installer who confines the driller's or installer's activities to activities regulated under Chapter 32 or 33, Water Code, respectively.

(l) The board and the commissioner of licensing and regulation by rule, memorandum of understanding, or other appropriate procedure or document shall jointly resolve any conflict between this Act or a rule adopted under this Act and Chapter 51, Occupations Code, or Chapter 32 or 33, Water Code, or a rule adopted under one of those chapters.

SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

Sec. 2.01. BOARD MEMBERSHIP.

(a) The Texas Board of Professional Geoscientists shall administer this Act.

(b) The board is composed of nine members appointed by the governor with the advice and consent of the senate.

(d) Three members of the board must be members of the public.

(e) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

Sec. 2.02. MEMBER ELIGIBILITY.

(a) A member of the board must:

(1) be a citizen of the United States;

(2) have been a resident of this state for at least the three years preceding appointment; and

(3) be at least 25 years of age.

(b) A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational regulatory agency in a discipline of geoscience;

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board; or

(4) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

(a) In this section, "society or trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b) A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used in Section 13, Fair Labor Standards Act of 1938 (29 U.S.C. Section 213), and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a society or trade association in a discipline of geoscience; or

(2) the person's spouse is an officer, manager, or paid consultant of a society or trade association in a discipline of geoscience.

(c) A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

Sec. 2.04. TERMS.

(a) Members of the board serve staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year.

(b) A member of the board may not serve more than two consecutive full terms.

Sec. 2.05. GROUNDS FOR REMOVAL.

(a) It is a ground for removal from the board that a member:

(1) is no longer qualified for appointment to the board;

(2) engages in misconduct, is determined to be incompetent, neglects the member's official duties, or engages in malfeasance;

(3) commits a violation of this Act resulting in disciplinary action or a felony; or

(4) fails without excuse to attend at least half of the regularly scheduled meetings held in a calendar year while the member is a member of the board.

(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the assistant presiding officer, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of the board is entitled to reimbursement for the travel expenses incurred by the member while conducting the business of the board, as provided by the General Appropriations Act.

Sec. 2.07. OFFICERS.

(a) The board shall elect biennially from its own membership a presiding officer, assistant presiding officer, and secretary-treasurer. A member may not hold one of those positions for more than two consecutive two-year periods. A member serves in the position at the will of the board and may be removed from the position by a two-thirds majority vote of the board.

(b) The board may appoint an assistant secretary and other assistants who are not members of the board to assist the board and exercise its authority in carrying out the board's powers and duties.

Sec. 2.08. OFFICE. The board shall maintain its office in Austin.

Sec. 2.09. MEETINGS. The board shall hold at least two regular meetings in each calendar year. A special meeting may be held at a time permitted by board rule.

Sec. 2.10. TRAINING.

(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) the legislation that created the board;

(2) the programs operated by the board;

(3) the role and functions of the board;

(4) the 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;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(D) other laws relating to public officials, including conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the board or the Texas Ethics Commission.

(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an executive director, who shall be responsible for managing the day-to-day affairs of the board, including:

(1) arranging for and supervising the necessary support, secretarial, and clerical services;

(2) obtaining space for holding examinations, meetings, and conferences;

(3) printing or purchasing examinations;

(4) printing and mailing forms, information, and licenses;

(5) sending notices, collecting fees, and issuing receipts;

(6) conducting the correspondence of the board, including replying to routine requests for information;

(7) maintaining the minutes and records of the board;

(8) keeping records of receipts and disbursements; and

(9) providing necessary investigative services.

Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT.

(a) The executive director shall receive, administer, and account for all money received under this Act and shall transfer the money to the comptroller.

(b) All money paid to the board under this Act shall be deposited to the credit of the professional geoscientists' fund account in the general revenue fund. The account shall be maintained in accordance with the accounting procedures of, and is subject to audit by, the comptroller. Interest earned on money deposited to the credit of the account shall be credited to the account. The account is exempt from the application of Section 403.095, Government Code.

(c) Money in the account may be used only to pay the expenses incurred by the board in the administration and enforcement of this Act.

Sec. 3.03. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this Act, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement of employees within the board. The program must require intra-agency posting of all positions concurrently with any public posting.

(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations based on documented employee performance. All decisions regarding merit pay for a board employee must be based on that system.

Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b) The policy statement must include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2) an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(1) updated annually;

(2) reviewed by the Commission on Human Rights for compliance with Subsection (b)(1) of this section; and

(3) filed with the governor.

SUBCHAPTER D. BOARD POWERS AND DUTIES

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

Sec. 4.02. FEES. The board may set reasonable and necessary fees to be charged applicants and license holders under this Act, including fees for application, examination, licensure, and renewal of a license. The board shall base a fee for examination in a discipline of geoscience on the costs associated with preparing, administering, and grading that examination.

Sec. 4.03. CODE OF PROFESSIONAL CONDUCT.

(a) The board by rule shall adopt a code of professional conduct that is binding on all license holders under this Act.

(b) The board may enforce the code by imposing sanctions as provided by this Act.

Sec. 4.04. ENFORCEMENT; REFERRAL OF COMPLAINTS AND INVESTIGATIONS.

(a) The board shall enforce this Act. Any member of the board may present to a prosecuting officer a complaint relating to a violation of this Act. The board through its members, officers, counsel, or agents may assist in the trial of a case involving the violation of this Act, subject to the control of the prosecuting officer.

(b) Notwithstanding Subsection (a) of this section, the board shall refer a complaint or investigation involving the unlicensed practice of geoscience by a person who is licensed as an engineer, surveyor, driller, installer, or member of another similar profession to the agency that issued the license to the person.

(c) The board may administer oaths and affirmations and issue subpoenas to compel the attendance of witnesses and the production of evidence.

(d) The attorney general shall act as legal advisor to the board and shall provide legal assistance as necessary in enforcing this Act.

Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS.

(a) The board by rule may recognize the use of the designations used by a professional organization, society, or association that maintains a certification program in a discipline of geoscience if:

(1) the requirements for that certification are acceptable to the board;

(2) the full name or recognized abbreviation of the organization, society, or association granting the certification is stated following or in conjunction with the use of the designation or abbreviation; and

(3) the designation or abbreviation is not used in a manner that is misleading or that creates an impression that the person is licensed to practice geoscience for the public unless the person is licensed under this Act.

(b) The board by rule shall recognize the title "geological engineer," "geotechnical engineer," "hydraulic engineer," or "agricultural engineer" or another legitimate engineering title as a legitimate engineering title separate from geoscience, the use of which requires licensure as a professional engineer.

Sec. 4.06. ESTABLISHMENT OF DISCIPLINES. The board by rule shall establish the disciplines of geoscience in which a person may be licensed and the requirements for eligibility for a license in each discipline.

Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The board may enter into agreements with licensing or registration boards in other states and other appropriate organizations, societies, associations, and agencies to develop uniform standards for:

(1) the licensing or registration of geoscientists;

(2) accrediting educational programs;

(3) establishing reciprocal and temporary licenses;

(4) developing regional or national examinations;

(5) evaluating applicants; or

(6) other purposes consistent with this Act.

Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In administering this Act, the board may:

(1) appoint committees;

(2) employ personnel, contractors, and consultants;

(3) lease or purchase furnishings, equipment, and supplies;

(4) lease office space; and

(5) incur other similar expenses.

Sec. 4.09. ROSTER OF LICENSE HOLDERS.

(a) The board shall maintain a roster stating the name, discipline of geoscience, and place of business of each licensed geoscientist.

(b) The board shall maintain copies of the roster and shall provide a copy on request to a state agency, a county or municipal clerk or building official, or a license holder. The board may charge a license holder a reasonable fee set by the board for providing the copy.

(c) The board shall provide a copy of the roster to another person on 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 AGREEMENTS EXIST. The board shall 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 established in this state and with which a reciprocity agreement exists.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall:

(1) prepare information of public interest describing:

(A) the regulatory functions of the board; and

(B) the board's procedures by which complaints are filed with and resolved by the board; and

(2) make the information available to the public and appropriate state agencies.

Sec. 5.02. COMPLAINTS.

(a) A person may file a complaint alleging a violation of this Act or a rule adopted under this Act.

(b) A complaint must be:

(1) in writing;

(2) sworn to by the person making the complaint; and

(3) filed with the secretary-treasurer.

Sec. 5.03. RECORDS OF COMPLAINTS.

(a) The board shall maintain a file on each complaint filed with the board. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the board;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the complaint;

(5) a summary of the results of the review or investigation of the complaint; and

(6) an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.

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

Sec. 5.04. COMPLAINT INVESTIGATION AND DISPOSITION.

(a) 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.

(b) The board shall investigate all complaints brought to its attention and may employ investigators, expert witnesses, and hearing officers, appoint advisory committees, and conduct hearings to determine whether disciplinary or other action should be taken.

Sec. 5.05. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

SUBCHAPTER F. LICENSE REQUIREMENTS

Sec. 6.01. LICENSE REQUIRED.

(a) Unless exempted by this Act, a person may not engage in the public practice of geoscience unless the person holds a license issued under this Act.

(b) Unless the person is licensed under this Act, a person may not: