22 Tex. Admin. Code § 851.101 - General
(a) This subchapter
is promulgated pursuant to the Act, Texas Occupations Code (TOC),
§1002.153, which directs the Appointed Board to adopt a code of
professional conduct that is binding on all license holders under the Act and
provides that the Appointed Board may enforce the code by imposing sanctions,
as provided by the Act or this chapter. Except as otherwise noted, this
subchapter applies only to situations which are related to the practice of
professional geoscience.
(b) Any
person who holds a Professional Geoscientist (P.G.) license, is a Geoscience
Firm, or who holds a certificate as a Geoscientist-in-Training (GIT) is
responsible for understanding and complying with the Act, rules adopted by the
Appointed Board, and any other law or rule pertaining to the practice of
professional geoscience. Any person under application for, currently holding,
or eligible to renew a license, registration, or certification issued by the
Texas Board of Professional Geoscientists (TBPG) is bound by the provisions of
the Act and this chapter. The TBPG maintains jurisdiction over a license,
registration, or certification it issues as long as the license, registration,
or certification is current or renewable.
(c) A P.G., a Firm, or a person who holds a
certificate as a GIT having knowledge of any alleged violation of the Act
and/or TBPG rules shall cooperate with the TBPG in furnishing such information
as may be required.
(d) A P.G., a
Firm, or a person who holds a certificate as a GIT shall timely answer all
inquiries concerning matters under the jurisdiction of the TBPG and shall fully
comply with final decisions and orders of the Appointed Board. Failure to
comply with these matters shall constitute a separate offense of misconduct
subject to the penalties provided under the Act or this Chapter.
(e) The Appointed Board may take disciplinary
actions as provided in §1002.403 of the Act for reasons stated in
§1002.402 of the Act.
(f) This
subchapter is not intended to suggest or define standards of care in civil
actions against P.G.s, GIT, or Firms involving their professional
conduct.
(g) A P.G. or a Firm may
donate professional geoscience services to charitable causes but must adhere to
all provisions of the TBPG Act and rules for all geoscience services rendered,
regardless of whether the P.G. or Firm is paid for the geoscience
services.
(h) A P.G. or a GIT who
is presenting geoscientific fact testimony, including geoscientific
interpretation, analysis, or conclusions, or recommending geoscientific work
before any public body or court of law, whether under sworn oath or not, must
adhere to all provisions of the Act and the rules of the TBPG in the provision
of all professional geoscience services rendered, regardless of whether the
P.G. is paid for the service.
Notes
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