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Tex. Occ. Code § 1002.154

ENFORCEMENT; REFERRAL OF COMPLAINTS AND INVESTIGATIONS

Known as the Texas Geoscience Practice Act

The act spans §§ 1002.001 to 1002.501 (70 sections).

Applied in 1 court decision — leading case the Austin Bulldog v. Lee Leffingwell, Mayor, Chris Riley, Council Member Place 1, Mike Martinez, Mayor Pro Tem, Place 2, Randi Shade, Council Member Place 3, Laura Morrison, Council Member Place 4, Bill Spelman, Council Member Place 5, Sheryl Cole, Council Member (2016)

Most recently applied in the Austin Bulldog v. Lee Leffingwell, Mayor, Chris Riley, Council Member Place 1, Mike Martinez, Mayor Pro Tem, Place 2, Randi Shade, Council Member Place 3, Laura Morrison, Council Member Place 4, Bill Spelman, Council Member Place 5, Sheryl Cole, Council Member (April 2016)

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff

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

(a-1) Complaints and investigations under this chapter are of two types:

(1) complaints received from a member of the public; and

(2) complaints and investigations that are initiated by the board as a result of information that becomes known to the board or board staff and that may indicate a violation.

(a-2) The board by rule shall prioritize complaints and investigations. Rules adopted under this subsection must provide that:

(1) a complaint that alleges an action that may harm the public takes precedence over a complaint that does not allege an action that may harm the public or may harm the public to a lesser degree; and

(2) with regard to complaints that do not allege an action that may harm the public, a complaint filed by a member of the public takes precedence over a complaint initiated by the board.

(b) Notwithstanding Subsection (a), 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 chapter.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.