Bill Text: TX HB1311 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Texas Board of Professional Geoscientists.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-05-14 - Effective on 9/1/19 [HB1311 Detail]
Download: Texas-2019-HB1311-Enrolled.html
H.B. No. 1311 |
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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 [ |
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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 [ |
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officer[ |
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position described by this subsection [ |
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more than two consecutive two-year periods. A member serves in a | ||
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and may be removed from that [ |
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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 [ |
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(2) the board's programs, functions, rules, and budget | ||
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(3) the scope of and limitations on the rulemaking | ||
authority of the board [ |
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(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 any | ||
rule, interpretation, or enforcement action that: | ||
(A) regulates the scope of practice of persons in | ||
a profession or business the board regulates; | ||
(B) restricts advertising by persons in a | ||
profession or business the board regulates; | ||
(C) affects the price of goods or services | ||
provided by persons in a profession or business the board | ||
regulates; or | ||
(D) restricts participation in a profession or | ||
business the board regulates [ |
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(5) [ |
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board; | ||
(6) [ |
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(A) laws relating to [ |
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disclosure of conflicts of interest [ |
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(B) [ |
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state policymaking body in performing their duties [ |
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(7) [ |
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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, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (c) 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. | ||
(c) The board may employ or contract with advisors, | ||
consultants, geoscientists, engineers, or other persons to provide | ||
technical assistance in investigations and disciplinary | ||
proceedings. Except for an action involving fraud, conspiracy, or | ||
malice, a person whose services are obtained by the board under this | ||
subsection is immune from civil liability and may not be subjected | ||
to a suit for damages for any investigation, report, | ||
recommendation, statement, evaluation, finding made, or other | ||
action taken in the course of performing the person's official | ||
duties. | ||
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 [ |
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applicant [ |
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(c) The application must be accompanied by[ |
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SECTION 7. Section 1002.255, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1002.255. LICENSE ELIGIBILITY. (a) To be eligible for | ||
a license under this chapter, an applicant must: | ||
(1) [ |
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(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; | ||
(2) [ |
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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; | ||
(3) [ |
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covering the fundamentals and practice of the appropriate | ||
discipline of geoscience; and | ||
(4) [ |
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the board. | ||
(b) The board may accept qualifying work experience in lieu | ||
of the education required by Subsection (a)(1) [ |
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SECTION 8. Section 1002.257(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The board by rule may authorize the licensing of a | ||
person who has not met the examination requirement of Section | ||
1002.255(a)(3) [ |
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registered to practice a discipline of geoscience under the law of | ||
another state or a foreign country. | ||
SECTION 9. 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 [ |
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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 10. Section 1002.452(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The amount of the penalty may not exceed $1,500 [ |
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for each violation. Each day a violation continues or occurs is a | ||
separate violation for purposes of imposing a penalty. | ||
SECTION 11. (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 12. 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 13. 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 14. 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 15. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1311 was passed by the House on April | ||
5, 2019, by the following vote: Yeas 111, Nays 15, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1311 was passed by the Senate on May | ||
1, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |