22 TAC §851.156
The Texas Board of Professional Geoscientists (TBPG) proposes
amendments to §851.156, regarding geoscientist's seals. This section
establishes the requirements for the creation and appearance of the seal and
it's use. The proposed amendments adds or replaces language to §851.156(b),
(f) and (j) to clarify references to the TBPG statute, outline requirements
for use of an electronic seal and signature, and clarify use of the seal on
submitted reports. The need for these amendments is based on certain parts
of the rule referencing an incorrect section in the statute and feedback from
licensees regarding use of electronic seals and questions relating to what
documents need to be sealed in a report.
Michael Hess, Executive Director of the TBPG, has determined that for the
first five-year period this section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering this
section.
Mr. Hess has also determined that for each year of the first five years
the section is in effect the public benefit anticipated will be increased
responsibility on the geoscientist to practice in a safe and proper manner.
There will not be an effect on small businesses and there is no anticipated
cost to persons who are required to comply with the proposed section.
Comments on the proposal may be submitted in writing to Ariel Juarez, Program
Specialist, P.O. Box 13225, Austin, TX 78711, (512) 936-4402. Comments may
also be submitted electronically to ajuarez@tbpg.state.tx.us or faxed to (512)
936-4409. All requests for a public hearing on the proposed section submitted
under the Administrative Procedure Act must be received by the TBPG not more
than 15 calendar days after notice of a proposed change in the section has
been published in the
Texas Register
.
The amendment is proposed under the Texas Occupations Code, §1002.263
which authorizes the Board to adopt rules outlining the requirements for use
of the Professional Geoscientist seal.
The proposed amendment implements the Texas Occupations Code, §1002.263.
§851.156.Geoscientist's Seals.
(a)
(No change.)
(b)
The geoscientist shall utilize the designation "P.G" or
the titles set forth in the Texas Geoscience Practice Act (Act),
§1002.251
[
4.05.
] Physical seals of two different sizes will be acceptable:
a pocket seal (the size commercially designated as 1-5/8-inch seal) or desk
seal (commercially designated as a two-inch seal) to be of the design shown
in this subsection. Computer-applied seals may be of a reduced size provided
that the geoscientist's name and number are clearly legible. All seals obtained
and used by license holders must contain any given name or initial combination
except for nicknames, provided the surname currently listed with the board
appears on the seal and in the usual written signature.
(c) - (e)
(No change.)
(f)
All seals obtained and used by license holders shall be
capable of leaving a permanent ink or impression representation on the geoscience
work, or shall be capable of placing a computer-generated representation in
a computer file containing the geoscience work. [
If not accompanied by
an original signature and date, computer-generated seals shall be accompanied
by the following text or similar wording: "The seal appearing on this document
was authorized by (Example: Leslie H. Doe, P.G. 0112) on (date)."
]
(1)
Electronically conveyed geoscience work
that would require a seal as per subsection (j) of this section must contain
an electronic seal and electronic signature if hard copies with the licensee's
ink or embossed seal and original signature will not be submitted. Such seals
should conform to the design requirements set forth in subsection (b) of this
section.
(2)
Geoscience work transmitted in an electronic
format that contains a computer generated seal shall be accompanied by the
following text or similar wording: "The seal appearing on this document was
authorized by (Example: Leslie H. Doe, P.G. 0112) on (date).", unless accompanied
by an electronic signature as described in this section. A license holder
may use a computer-generated representation of his or her seal on electronically
conveyed work; however, the final hard copy documents of such geoscience work
must contain an original signature of the license holder(s) and date or the
documents must be accompanied by an electronic signature as described in this
section.
(3)
A scanned image of an original signature
shall not be used in lieu of an original signature or electronic signature.
An electronic signature is a digital authentication process attached to or
logically associated with an electronic document and shall carry the same
weight, authority, and effects as an original signature. The electronic signature,
which can be generated by using either public key infrastructure or signature
dynamics technology, must be as follows:
(A)
unique to the person using it.
(B)
capable of verification.
(C)
under the sole control of the person using it.
(D)
linked to a document in such a manner that the
electronic signature is invalidated if any data in the document are changed.
(g) - (i)
(No change.)
(j)
The geoscientist shall sign, seal and date the original
title sheet of bound geoscience reports, specifications, details, calculations
or estimates, and each original sheet of plans or drawings regardless of size
or binding
if the plans or drawings are intended to be or are removed
from the report.
All other geoscience work, including but not limited
to research reports, opinions, recommendations, evaluations, addenda, documents
produced for litigation, and geoscience software shall bear the geoscientist's
printed name, date, signature and the designation "P.G." or other terms allowed
under
§1002.251 of the Act
[
the Act, §1.3
].
A seal
must
[
may
] be added on such work if required
by the entity receiving the work; otherwise it may be added
[
or
] at the geoscientist's discretion. Electronic correspondence of this
type
shall include an electronic signature as described in subsection
(f) of this section or
be followed by a hard copy containing the geoscientist's
printed name, date, signature and the designation "P.G." or other terms allowed
under
§1002.251 of the Act
[
the Act, §4.05
].
(k) - (n)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 4, 2006.
TRD-200601991
Frank Knapp
Assistant Attorney General
Texas Board of Professional Geoscientists
Earliest possible date of adoption: May 14, 2006
For further information, please call: (512) 936-4402