|(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
(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.
|Source Note: The provisions of this §851.101 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2014, 38 TexReg 9368; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947