Part 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
Chapter 850. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
Subchapter A. AUTHORITY AND RESPONSIBILITIES
The Texas Board of Professional Geoscientists (TBPG or Board) proposes an amendment to 22 TAC §850.1, regarding the Board's authority. The proposed amendment revises the language to make reference to the Texas Occupations Code.
Mr. Vince Houston, Acting Executive Director of TBPG, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Houston has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of geoscientists by providing a clear citation to the relevant statutory authority. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.
Comments on this proposal may be submitted in writing to: Molly B. Roman, Administrative Coordinator, P.O. Box 13225, Austin, Texas 78711, (512) 936-4405. Comments may also be submitted electronically to mroman@tbpg.state.tx.us or faxed to (512) 936-4409. Comments must be submitted no later than 30 days from the date the proposed amendments are posted in the Texas Register. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by Ms. Roman no more than 15 calendar days after notice of proposed amendments to this section have been published in the Texas Register.
This amendment is proposed under the Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
The proposed amendment implements the Texas Occupations Code, §1002.151.
§850.1.Authority.
These rules are promulgated under the authority of the Texas
Board of Professional Geoscientists,
Texas Occupations Code,
Chapter 1002
[
Senate Bill 405, 77th Legislature
].
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 July 24, 2007.
TRD-200703197
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: September 9, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG or Board) proposes an amendment to 22 TAC §850.10, regarding definitions. The proposed amendment revises the language to make reference to the Texas Occupations Code.
Mr. Vince Houston, Acting Executive Director of TBPG, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Houston has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of geoscientists by providing a clear citation to the relevant statutory authority. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.
Comments on this proposal may be submitted in writing to: Molly B. Roman, Administrative Coordinator, P.O. Box 13225, Austin, Texas 78711, (512) 936-4405. Comments may also be submitted electronically to mroman@tbpg.state.tx.us or faxed to (512) 936-4409. Comments must be submitted no later than 30 days from the date the proposed amendments are posted in the Texas Register. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by Ms. Roman no more than 15 calendar days after notice of proposed amendments to this section have been published in the Texas Register.
This amendment is proposed under the Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
The proposed amendment implements the Texas Occupations Code, §1002.151.
§850.10.Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
(1) (No change.)
(2) The Act--
Texas Occupations Code, Chapter
1002
[
Senate Bill 405, 77th Legislature
].
(3) - (19) (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 July 24, 2007.
TRD-200703198
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: September 9, 2007
For further information, please call: (512) 936-4405
Subchapter A. LICENSING
The Texas Board of Professional Geoscientists (TBPG or Board) proposes an amendment to 22 TAC §851.10, regarding definitions. The proposed amendment revises the language to make reference to the Texas Occupations Code.
Mr. Vince Houston, Acting Executive Director of TBPG, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Houston has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of geoscientists by providing a clear citation to the relevant statutory authority. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.
Comments on this proposal may be submitted in writing to: Molly B. Roman, Administrative Coordinator, P.O. Box 13225, Austin, Texas 78711, (512) 936-4405. Comments may also be submitted electronically to mroman@tbpg.state.tx.us or faxed to (512) 936-4409. Comments must be submitted no later than 30 days from the date the proposed amendments are posted in the Texas Register. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by Ms. Roman no more than 15 calendar days after notice of proposed amendments to this section have been published in the Texas Register.
This amendment is proposed under the Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
The proposed amendment implements the Texas Occupations Code, §1002.151.
§851.10.Definitions.
The following words and terms have the following meanings:
(1) - (18) (No change.)
(19) Professional geoscience services--Services which
must be performed by or under the direct supervision of a licensed
geoscientist and which meet the definition of the practice of geoscience
as defined in the
Texas Occupations Code, §1002.002(3)
[
Act, Section 1.02(3)
]. A service shall be conclusively considered
a professional geoscience service if it is delineated in that section;
other services requiring a professional geoscientist by contract,
or services where the adequate performance of that service requires
a geoscience education, training, or experience in the application
of special knowledge or judgment of the geological, geophysical or
soil sciences to that service shall also be conclusively considered
a professional geoscience service.
(20) - (21) (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 July 25, 2007.
TRD-200703223
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: September 9, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG or Board) proposes an amendment to 22 TAC §851.101, regarding the code of professional conduct. The proposed amendment revises the language to make reference to the Texas Occupations Code.
Mr. Vince Houston, Acting Executive Director of TBPG, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Houston has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of geoscientists by providing a clear citation to the relevant statutory authority. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.
Comments on this proposal may be submitted in writing to: Molly B. Roman, Administrative Coordinator, P.O. Box 13225, Austin, Texas 78711, (512) 936-4405. Comments may also be submitted electronically to mroman@tbpg.state.tx.us or faxed to (512) 936-4409. Comments must be submitted no later than 30 days from the date the proposed amendments are posted in the Texas Register. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by Ms. Roman no more than 15 calendar days after notice of proposed amendments to this section have been published in the Texas Register.
This amendment is proposed under the Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
The proposed amendment implements the Texas Occupations Code, §1002.151.
§851.101.General.
(a) These rules of professional conduct are promulgated
pursuant to the Texas Geoscience Practice Act (the Act),
Texas
Occupations Code, §1002.153
[
Senate Bill 405, 77th
Legislative Session
], which directs the Board to adopt a code
of professional conduct that is binding on all license holders under
the Act. Except as otherwise noted, these rules of professional conduct
apply only to situations which are directly or indirectly related
to the practice of geoscience.
(b) - (f) (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 July 25, 2007.
TRD-200703224
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: September 9, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG or Board) proposes an amendment to 22 TAC §851.107, regarding the prevention of unauthorized practice. The proposed amendment revises the language to make reference to the Texas Occupations Code.
Mr. Vince Houston, Acting Executive Director of TBPG, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Houston has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of geoscientists by providing a clear citation to the relevant statutory authority. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.
Comments on this proposal may be submitted in writing to: Molly B. Roman, Administrative Coordinator, P.O. Box 13225, Austin, Texas 78711, (512) 936-4405. Comments may also be submitted electronically to mroman@tbpg.state.tx.us or faxed to (512) 936-4409. Comments must be submitted no later than 30 days from the date the proposed amendments are posted in the Texas Register. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by Ms. Roman no more than 15 calendar days after notice of proposed amendments to this section have been published in the Texas Register.
This amendment is proposed under the Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
The proposed amendment implements the Texas Occupations Code §1002.151.
§851.107.Prevention of Unauthorized Practice.
(a) - (b) (No change.)
(c) A Geoscientist who fails to renew his/her license
prior to its annual expiration date shall not use the title "geoscientist"
and shall not engage in the "public practice of geoscience" as defined
by
the Texas Occupations Code §1002.002
[
§1.02
of the Act
] until after the Geoscientist's license has been
properly renewed.
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 July 25, 2007.
TRD-200703225
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: September 9, 2007
For further information, please call: (512) 936-4405