22 Tex. Admin. Code § 851.103 - Recklessness

(a) A Professional Geoscientist or Geoscience Firm shall not practice geoscience in any manner that, when measured by generally accepted geoscience standards or procedures, does or is reasonably likely to result in the endangerment of public health, safety, or welfare. Such practice is deemed to be "reckless."

(b) "Recklessness" shall include the following practices:

(1) Conduct that indicates that the Professional Geoscientist or Geoscience Firm is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent Professional Geoscientist or Geoscience Firm would exercise under the circumstances;

(2) Knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Professional Geoscientist or Geoscience Firm and such failure jeopardizes or has the potential to jeopardize public health, safety, or welfare; or

(3) Action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to a particular project when such disregard jeopardizes or has the potential to jeopardize public health, safety, or welfare.

Notes

22 Tex. Admin. Code § 851.103

The provisions of this §851.103 adopted to be effective December 15, 2010, 35 TexReg 10695; amended by Texas Register, Volume 39, Number 49, December 5, 2014, TexReg 9556, eff. 12/11/2014; Amended by Texas Register, Volume 43, Number 43, October 26, 2018, TexReg 7148, eff. 10/31/2018; Amended by Texas Register, Volume 47, Number 08, February 25, 2022, TexReg 0950, eff. 3/6/2022