Part 39.
TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
Chapter 851.
TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES
Subchapter A. LICENSING
22 TAC §851.28
The Texas Board of Professional Geoscientists (TBPG) adopts
an amendment to §851.28, concerning reinstatement of a lapsed, suspended
or expired license, without changes to the proposed text as published in the
December 23, 2005, issue of the
Texas Register
(30
TexReg 8620) and will not be republished. The section defines a
lapsed
license and procedures for renewing it as well as the reinstatement
of an expired or suspended license. The Geoscience Practice Act adopted in
2003 allows for the Board to create rules regarding the duration and expiration
of a professional geoscientist license.
The amendment adds language to 22 TAC §851.28 to clarify what a
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151
and §1002.262, which authorize the Board to adopt rules regarding license
expiration and duration.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 31, 2006.
TRD-200601968
Frank Knapp
Assistant Attorney General
Texas Board of Professional Geoscientists
Effective date: September 1, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 936-4402
22 TAC §851.30
The Texas Board of Professional Geoscientists (TBPG) adopts
new rule §851.30, concerning the registration of firms. The new rule
is adopted with one change to the proposed text as published in the January
20, 2006, issue of the
Texas Register
(31
TexReg 371).
The adopted new rule outlines procedures required for firms to be registered
to practice geoscience in the state. The new rule would allow a firm that
employs a full-time professional geoscientist, P.G., to be recognized as a
registered firm eligible to perform geoscientific activities before the public
in Texas. Registered firms will be responsible for any licensing and renewal
fees and procedures required as per the proposed rule. The change simply changed
the wording of one sentence and was not significant.
There were public comments and most were concerning the inclusion of sole
proprietorships in the new rule. Many of the comments were requesting sole
proprietorships be exempt, their registration voluntary or registration free
or at a reduced fee because it was tantamount to being
double-taxed
. While the Board feels it is necessary to include sole
proprietorships, they did approve a reduced fee for sole proprietorship registration
and renewal at their March 17, 2006 Board meeting. Some comments questioned
the need for firm registration to which the Board responded that it is necessary
to ensure geoscience is practiced by qualified individuals and entities, which
in turn protects the public health and safety.
The new rule is adopted under the Texas Occupations Code, Chapter
1002, §1002.351, which authorizes the Board to establish conditions and
fees for the registration of firms.
§851.30.Firm Registration.
(a)
The Texas Board of Professional Geoscientists shall receive,
evaluate, and process all applications for a certificate of registration issued
under the authority of the Texas Geoscience Practice Act (Act). Applications
for the certificate of registration shall be accepted from all firms offering
to engage or engaging in the practice of professional geoscience for the public
in Texas. As provided in §851.10(11), the term firm includes corporations,
sole-proprietorships, partnerships and/or joint stock associations. For the
purposes of this section, the term public includes but is not limited to political
subdivisions of the state, business entities, and individuals. The Board has
the authority under the Act to issue an annual certificate of registration
to applicants that, subsequent to review and evaluation, are found to have
met all requirements of the Act and Board rules. The Board has the authority
under the Act to deny a certificate of registration to any applicant found
not to have met all requirements of the Act and Board rules. This section
does not apply to an engineering firm that performs service or work that is
both engineering and geoscience.
(b)
The Board may issue a certificate of registration only
to applicant firms that meet the requirements set forth in §1002.351(a)(1)
and (2) of the Act and this section.
(c)
The authorized official of the firm shall complete the
form furnished by the Board which includes but is not limited to the following
information listed in paragraphs (1) - (6) of this subsection:
(1)
the name, address, and communication number of the firm
offering to engage or engaging in the practice of professional geoscience
for the public in Texas;
(2)
the name, position, address, and communication numbers
of each officer or director;
(3)
the name, address and current active Texas professional
geoscientist license number of each regular, full-time geoscience employee
performing geoscientific work for the public in Texas on behalf of the firm;
(4)
the name, location, and communication numbers of each subsidiary
or branch office offering to engage or engaging in the practice of professional
geoscience for the public in Texas, if any;
(5)
a signed statement attesting to the correctness and completeness
of the application; and
(6)
an application fee as established by the Board.
(d)
For a firm that offers or performs services only on a part-time
basis, the professional geoscientist who has physical presence, is a full-time
employee of the firm, and offers or performs the geoscientific work or who
directly supervises the geoscientific work while the firm is in operation
shall satisfy the requirement of the regular, full-time employee as set forth
in §851.152 of this chapter.
(e)
The application fee will not be refunded.
(f)
The certificate of registration shall be valid for a period
of one year from the date it is issued. A renewed or reissued license is valid
for a period of one year from the expiration date of the license being renewed.
At least 45 - 60 days in advance of the date of the expiration, the Board
shall notify each firm holding a certificate of registration of the date of
the expiration and the amount of the fee that shall be required for its renewal
for one year. The renewal notice shall be mailed to the last address provided
by the firm to the Board. The certificate of registration may be renewed by
completing the renewal application and paying the annual registration renewal
fee set by the Board. It is the sole responsibility of the firm to pay the
required renewal fee prior to the expiration date, regardless of whether the
renewal notice is received.
(g)
A certificate of registration which has been expired for
less than one year may be renewed by completing the renewal statement sent
by the Board and payment of a $50 late renewal fee. When renewing an expired
certificate of registration, the authorized official of the firm shall submit
a written statement of whether geoscientific services were offered, pending,
or performed for the public in Texas during the time the certificate of registration
was expired.
(h)
If a certificate of registration has been expired for more
than one year, the firm must re-apply for certification under the laws and
rules in effect at the time of the new application and shall be issued a new
certificate of registration serial number if the new application is approved.
(i)
The renewal fee will not be refunded.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 31, 2006.
TRD-200601969
Frank Knapp
Assistant Attorney General
Texas Board of Professional Geoscientists
Effective date: September 1, 2006
Proposal publication date: January 20, 2006
For further information, please call: (512) 936-4402