Tex. Occ. Code Section 1002.154
Enforcement; Referral of Complaints and Investigations


(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.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 504 (S.B. 940), Sec. 2, eff. September 1, 2009.

Source: Section 1002.154 — Enforcement; Referral of Complaints and Investigations, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1002.­htm#1002.­154 (accessed Jun. 5, 2024).

1002.001
Short Title
1002.002
Definitions
1002.003
Application of Sunset Act
1002.004
Application of Chapter
1002.051
Board Membership
1002.052
Member Eligibility
1002.053
Membership and Employee Restrictions
1002.054
Terms
1002.055
Grounds for Removal
1002.056
Reimbursement for Travel Expenses
1002.057
Officers
1002.058
Office
1002.059
Meetings
1002.060
Training
1002.101
Executive Director
1002.102
Receipts and Disbursements
1002.103
Division of Responsibilities
1002.104
Qualifications and Standards of Conduct Information
1002.105
Career Ladder Program
1002.106
Equal Employment Opportunity Policy
1002.151
General Rulemaking Authority
1002.152
Fees
1002.153
Code of Professional Conduct
1002.154
Enforcement
1002.155
Recognition of Use of Designations
1002.156
Establishment of Disciplines
1002.157
Agreements to Develop Uniform Standards
1002.158
Authority to Incur Administrative Expenses
1002.159
Roster of License Holders
1002.160
List of Governmental Entities with Comparable Requirements and with Which Reciprocity Agreements Exist
1002.201
Public Interest Information
1002.202
Complaints
1002.203
Records of Complaints
1002.204
Complaint Investigation and Disposition
1002.205
Public Participation
1002.206
Complaint Education
1002.207
Duty of State Agency to Report Potential Violation
1002.251
License Required
1002.252
Exemptions
1002.253
License Application
1002.254
Examinations
1002.255
License Eligibility
1002.256
Qualifying Work Experience
1002.257
Reciprocal License
1002.258
Temporary License
1002.259
Waiver of Requirements
1002.260
Confidentiality of Certain Information
1002.261
Issuance of License
1002.262
License Duration
1002.263
Seal
1002.264
Replacement of Lost, Destroyed, or Mutilated License
1002.301
License Renewal
1002.302
Continuing Professional Education
1002.351
Public Practice of Geoscience by Firm or Corporation
1002.352
Geoscientist in Training
1002.353
Advisory Opinions
1002.401
Denial of License
1002.402
Grounds for Disciplinary Action
1002.403
Disciplinary Actions
1002.404
Right to Hearing
1002.405
Reinstatement
1002.451
Imposition of Penalty
1002.452
Amount of Penalty
1002.453
Administrative Procedure
1002.454
Options Following Final Order: Pay or Appeal
1002.455
Collection of Penalty
1002.456
Judicial Review
1002.457
Remittance of Penalty and Interest
1002.501
Injunction
1002.1511
Negotiated Rulemaking

Accessed:
Jun. 5, 2024

§ 1002.154’s source at texas​.gov