PART 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
CHAPTER 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES
SUBCHAPTER A. LICENSING
The Texas Board of Professional Geoscientists (TBPG or Board) proposes an amendment to 22 TAC §851.30, regarding firm registration. The proposed amendment clarifies procedures for renewing an expired firm registration.
Mr. Charles Horton, Interim Executive Director of TBPG, has determined that for the first five-year period the section is in effect there will be little or no fiscal impact for state or local government as a result of enforcing or administering the section.
Mr. Horton 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 clarifying procedures for renewing expired firm registrations. There will be little or no effect on small businesses. There is little or 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, and §1002.351, which authorizes the Board to regulate the public practice of geoscience by firms and corporations.
The proposed amendment implements the Texas Occupations Code, §1002.151 and §1002.351.
§851.30.Firm Registration.
(a) - (f) (No change.)
(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.]
(h) [(i)] The renewal fee will not be refunded.
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 January 20, 2009.
TRD-200900226
Charles Horton
Interim Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: March 8, 2009
For further information, please call: (512) 936-4405