Part 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

Chapter 131. ORGANIZATION AND ADMINISTRATION

Subchapter F. ADMINISTRATION

22 TAC §131.81

The Texas Board of Professional Engineers adopts an amendment to §131.81, relating to Definitions, with changes to the proposed text as published in the March 11, 2005, issue of the Texas Register (30 TexReg 1395). The text of the rule will be republished. The board has decided against adopting the proposed text in paragraph (7) for the definition of CAC/ABET due to issues relating to computer science degrees.

The board has adopted this rule to define the supervision of engineering construction as used in Section 1001.407 of the Act.

No comments were received regarding the board's adoption of the amended section.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state.

§131.81.Definitions.

In applying the Texas Engineering Practice Act and the board rules, the following definitions shall prevail unless the word or phrase is defined in the text for a particular usage. Singular and masculine terms shall be construed to include plural and feminine terms and vice versa.

(1) ABET--Accreditation Board for Engineering and Technology

(2) Act--The Texas Engineering Practice Act, Chapter 1001, Texas Occupations Code.

(3) Advisory Opinion--A statement of policy issued by the board that provides guidance to the public and regulated community regarding the board's interpretation and application of Chapter 1001, Texas Occupations Code, referred to as the Texas Engineering Practice Act "Act" and/or board rules and that do not have the force and effect of law.

(4) Agency or Board--Texas Board of Professional Engineers.

(5) Applicant--A person applying for a license to practice professional engineering or a firm applying for a certificate of registration to offer or provide professional engineering services.

(6) Application--The forms, information, and fees necessary to obtain a license as a professional engineer or a certificate of registration for a firm.

(7) Certificate of Registration--The annual certificate issued by the board to a firm offering or providing professional engineering services to the public in Texas.

(8) Complainant--Any party who has filed a complaint with the board against a person or entity subject to the jurisdiction of the board.

(9) Contested case--A proceeding, including but not restricted to rate making and licensing, in which the legal rights, duties, or privileges of a party are to be determined by an agency after an opportunity for adjudicative hearing pursuant to the Administrative Procedure Act, Chapter 2001, Texas Government Code.

(10) Direct supervision--Critical watching, evaluating, and directing of engineering activities with the authority to review, enforce, and control compliance with all engineering design criteria, specifications, and procedures as the work progresses. Direct supervision will consist of an acceptable combination of: exertion of significant control over the engineering work, regular personal presence, reasonable geographic proximity to the location of the performance of the work, and an acceptable employment relationship with the supervised persons. Engineers providing direct supervision of engineering under the Act, §1001.405(f), shall be personally present during such work.

(11) EAC/ABET--Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology.

(12) EAOR number--An engineering advisory opinion request file number assigned by the executive director to a pending advisory opinion in accordance with this chapter.

(13) Engineering--The profession in which a knowledge of the mathematical, physical, engineering, and natural sciences gained by education, experience, and practice is applied with judgment to develop ways to utilize, economically, the materials and forces of nature for the benefit of mankind.

(14) Firm--Any entity that engages or offers to engage in the practice of professional engineering in this state. This includes sole proprietorships, firms, co-partnerships, corporations, partnerships, or joint stock associations.

(15) Good Standing--(License or Registration)--A license or registration that is current, eligible for renewal, and has no outstanding fees or payments.

(16) Gross negligence--Any willful or knowing conduct, or pattern of conduct, which includes but is not limited to conduct that demonstrates a disregard or indifference to the rights, health, safety, welfare, and property of the public or clients. Gross negligence may result in financial loss, injury or damage to life or property, but such results need not occur for the establishment of such conduct.

(17) Incompetence--An act or omission of malpractice which may include but is not limited to recklessness or excessive errors, omissions or failures in the license holder's record of professional practice; or an act or omission in connection with a disability which includes but is not limited to mental or physical disability or addiction to alcohol or drugs as to endanger health, safety and interest of the public by impairing skill and care in the provision of professional services.

(18) License--The legal authority granting the holder to actively practice engineering upon the payment of the annual renewal fee. Also, a certificate issued by the board showing such authority.

(19) License Holder--Any person whose license to practice engineering is current.

(20) Licensure--The granting of an original certificate and license to an individual.

(21) Misconduct--The violation of any provision of the Texas Engineering Practice Act and board rules. A conviction of a felony or misdemeanor that falls under the provisions of Texas Occupations Code, Chapter 53, will also be misconduct under the Texas Engineering Practice Act.

(22) NAFTA--North American Free Trade Agreement. NAFTA is related to the practice and licensure of engineering through mutual recognition of registered/licensed engineers by jurisdictions of Canada, Texas, and the United Mexican States.

(23) NCEES--National Council of Examiners for Engineering and Surveying.

(24) Party--Each person or agency named or admitted as a party to a proceeding under the Administrative Procedure Act.

(25) Person--Any individual, firm, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

(26) Petitioner--Any party requesting the adoption of a rule by the Board.

(27) Pleading--Written allegations filed by parties concerning their respective claims.

(28) Professional engineering--Professional service which may include consultation, investigation, evaluation, planning, designing, or direct supervision of construction, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the public welfare, or the safeguarding of life, health, and property is concerned or involved, when such professional service requires the application of engineering principles and the interpretation of engineering data.

(29) Professional engineering services--Services which must be performed by or under the direct supervision of a licensed engineer and which meet the definition of the practice of engineering as defined in the Act, §1001.003. A service shall be conclusively considered a professional engineering service if it is delineated in that section; other services requiring a professional engineer by contract, or services where the adequate performance of that service requires an engineering education, training, or experience in the application of special knowledge or judgment of the mathematical, physical or engineering sciences to that service shall also be conclusively considered a professional engineering service.

(30) Protestant--Any party opposing an application or petition filed with the Board.

(31) Recognized institution of higher education--An institution of higher education as defined in §61.003, Education Code; or in the United States, an institution recognized by one of the six regional accrediting associations, specifically, the New England Association of Schools and Colleges, the North Central Association Commission on Accreditation and School Improvement, the Northwest Association of Schools and Colleges, the Southern Association of Colleges and Schools, the Western Association of Schools and Colleges, or the Middle States Association of Colleges & Schools; or, outside the United States, an institution recognized by the Ministry of Education or the officially recognized government education agency of that country.

(32) Respondent--Any party against whom any complaint has been filed with the Board.

(33) Responsible charge--An earlier term synonymous with the term "direct supervision"; the term is still valid and may be used interchangeably with "direct supervision" when necessary.

(34) Responsible supervision--An earlier term synonymous with the term "direct supervision;" the term is still valid and may be used interchangeably with "direct supervision" when necessary.

(35) Supervision of Engineering Construction--As used in §1001.407 of the Act, includes but is not limited to the periodic observation of materials and completed work to determine general compliance with plans, specifications and design and planning concepts. Supervision of engineering construction does not include the construction means and methods; responsibility for the superintendence of construction processes, site conditions, operations, equipment, personnel; or the maintenance of a safe place to work or any safety in, on or about the site.

(36) TAC/ABET--Technology Accreditation Commission of the Accreditation Board for Engineering and Technology.

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 June 6, 2005.

TRD-200502267

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 26, 2005

Proposal publication date: March 11, 2005

For further information, please call: (512) 440-7723

22 TAC §133.31

The Texas Board of Professional Engineers adopts an amendment to §133.31, relating to Educational Requirements for Applicants, with changes to the proposed text as published in the February 18, 2005, issue of the Texas Register (30 TexReg 803). The text of the rule will be republished. The board has decided against adopting the proposed text in subsection (a) for the acceptance of computer science degrees as equivalent to ABET accredited engineering degrees.

As a result of the NAFTA agreement, the Board is adopting language to consider all applicants who are currently licensed in Canada to have academic qualifications that are substantially equivalent to an accredited engineering program.

No comments were received regarding the board's adoption of the amended section.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state.

§133.31.Educational Requirement for Applicants.

(a) Applicants for a license shall have graduated from at least one of the following degree programs or degree program combinations listed in this section:

(1) Approved engineering curriculums under §1001.302(a)(1)(A) of the Act. The following degrees are acceptable to the board for meeting the educational requirements of §1001.302(a)(1)(A) of the Act:

(A) a degree from an engineering program accredited or otherwise approved by the:

(i) Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology, United States (EAC/ABET) as published in the 2002 ABET Accreditation Yearbook and the 2002 ABET International Yearbook or as published in the yearbook applicable to a previous year in which the applicant graduated; or

(ii) Consejo de Acreditacion de la Ensenanza de la Ingenieria, Mexico (Council of Accreditation for Engineering Education, C.A.).

(B) A bachelor's degree in engineering or one of the mathematical, physical, or engineering sciences, plus a graduate degree in engineering, provided that:

(i) the graduate degree is obtained from a college having an engineering program approved by one of the organizations listed in subparagraph (A) of this paragraph where either the graduate or undergraduate degree in the same discipline is accredited; and

(ii) the combination of the degrees is acceptable to the Board as equivalent in EAC/ABET approved curricula content, and the combination of degrees contain sufficient design curricula to provide minimal competency in the use of engineering algorithms and procedures.

(C) a completed degree that has not been accredited or approved by either of the organizations identified in subparagraph (A) of this section but has been evaluated in accordance with §133.33 of this chapter, (relating to Proof of Educational Qualifications-Non-Accredited/Non-Approved Programs), and determined to meet the ABET general and program criteria requirements for an EAC/ABET-accredited or -approved program.

(2) Other programs under §1001.302(a)(1)(B) of the Act. The following degrees are acceptable to the board for meeting the educational requirements of §1001.302(a)(1)(B) of the Act:

(A) a bachelor degree from an engineering technology program that is accredited by the Technology Accreditation Commission of the Accreditation Board for Engineering and Technology (TAC/ABET) as published in the 2002 ABET Accreditation Yearbook or as published in the yearbook applicable to a previous year in which the applicant graduated;

(B) A bachelors or graduate degree in engineering, mathematical, physical, or related science that has not been accredited or approved by any of the organizations identified in paragraphs (1)(A) or (2)(A) of this subsection but has been obtained from a recognized institution of higher education as defined in Chapter 131 of this title. Such degree programs must include, as a minimum, the courses listed in clauses (i) and (ii) of this subparagraph or these courses must be taken in addition to the bachelor or graduate degree program:

(i) eight semester hours (12 quarter hours) of mathematics beyond trigonometry, including differential and integral calculus; and

(ii) 20 semester hours (30 quarter hours) of related engineering sciences including subjects such as mechanics, thermodynamics, electrical and electronic circuits, and others selected from material sciences, transport phenomena, computer science and comparable subjects depending on the discipline or branch of engineering. Course work should incorporate hands-on laboratory work as described in the EAC/ABET criteria, and shall contain a sufficient design program to provide minimal competency in the use of engineering algorithms and procedures.

(3) Other degree programs submitted to the board by the conferring institutions and determined by the board as meeting or exceeding the criteria of either of the accrediting organizations referred to in this section.

(A) The programs at the University of Texas at Tyler have been reviewed by the board and determined to be eligible for licensure under §1001.302(a)(1)(A) of the Act, effective for those who graduated in 1999.

(B) The following programs have been reviewed by the board and determined to be eligible for licensure under §1001.302(a)(1)(B) of the Act and eligible for taking the examination on the fundamentals of engineering, effective the date listed:

(i) Tarleton State University, Accepted Programs: Hydrology (1992) and Engineering Physics (2001),

(ii) West Texas State A&M, Accepted Program: Mechanical Engineering (2003)

(b) Degree programs that have not been accredited or approved by any of the organizations identified in subsection (a)(1)(A) or (2)(A) of this section are not acceptable for fulfilling the educational requirements of the Act if they do not meet the definition of a recognized institution of higher learning as defined in Chapter 131 of this title and:

(1) give credit for life experience; or

(2) consist primarily of engineering, mathematical, physical, or engineering sciences courses that are correspondence courses that are self-taught outside a formal classroom setting.

(c) Applicants who have graduated from a degree program that is accredited by the jurisdictional authority in the Canadian or European community that have been evaluated pursuant to §133.33 of this chapter (relating to Proof of Educational Qualifications/Non-Accredited/Non-Approved Programs) and contain sufficient course hours to meet the requirements of subsection (a)(2)(B) of this section but not found to have sufficient course hours to be deemed equivalent or comparable to a Bachelor of Science degree as would be issued by a recognize institution of higher education in the United States may apply for licensure solely through the examination process.

(d) An applicant holding a verified Canadian P.Eng. or ing. License shall be considered to have academic qualifications substantially equivalent to an accredited engineering program.

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 June 6, 2005.

TRD-200502268

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 26, 2005

Proposal publication date: February 18, 2005

For further information, please call: (512) 440-7723

22 TAC §133.53

The Texas Board of Professional Engineers adopts an amendment to §133.53, relating to Reference Statements, without changes to the proposed text as published in the February 18, 2005, issue of the Texas Register (30 TexReg 805) and will not be republished.

The adopted rule change permits evidence of retaliation by an applicant against a reference provider to be considered by the Board during the application review process.

No comments were received regarding the board's adoption of the amended section.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state.

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 June 6, 2005.

TRD-200502269

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 26, 2005

Proposal publication date: February 18, 2005

For further information, please call: (512) 440-7723

22 TAC §133.65

The Texas Board of Professional Engineers adopts an amendment to §133.65, relating to the Examination on the Fundamentals of Engineering, with changes to the proposed text as published in the February 18, 2005, issue of the Texas Register (30 TexReg 805). The text of the rule will be republished. The board has decided against adopting the proposed text in subsections (a) and (b) for the acceptance of computer science degrees as equivalent to ABET accredited engineering degrees.

The adopted rule requires examinees to either be currently enrolled in a degree program in Texas or to be residents of Texas.

No comments were received regarding the board's adoption of the amended section.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state.

§133.65.Examination on the Fundamentals of Engineering.

(a) An undergraduate student who is within two full-time regular semesters (not including summer sessions) of graduating may take the examination on the fundamentals of engineering at a location prescribed by the board provided that the student is enrolled in a degree program in Texas and the program is:

(1) an engineering program accredited or approved by the EAC/ABET;

(2) a four year baccalaureate technical program accredited or approved by the TAC/ABET; or

(3) an engineering-related science program of four years or more that has been approved by the board.

(b) A graduate student may take the examination on the fundamentals of engineering at a location prescribed by the board provided that the student is enrolled in an EAC/ABET-accredited graduate degree program or in a graduate program at an institution which has an EAC/ABET-accredited undergraduate degree program in that discipline, and the student has:

(1) a baccalaureate degree that is EAC/ABET-accredited;

(2) an engineering or engineering-related science program degree that has been approved by the board; or

(3) a non-engineering related curriculum or other degree in which the student has provided evidence acceptable to the executive director as meeting the minimum requirements of §1001.302(a)(1)(A) or (B) of the Act.

(c) Persons who demonstrate that they meet the educational requirements for a license and who have not passed the examination on the fundamentals of engineering while in college and who are residents of Texas may apply to the board to take the examination in accordance with the applicable examination schedule adopted by the board.

(d) Persons who do not meet the criteria of subsection (a) of this section, but who need only to complete the examination on the fundamentals of engineering to fulfill the graduation requirements of a degree program that would meet the educational requirements for a license, may apply to the board to take the examinations in accordance with the applicable examination schedule adopted by the board.

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 June 6, 2005.

TRD-200502270

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 26, 2005

Proposal publication date: February 18, 2005

For further information, please call: (512) 440-7723

22 TAC §133.81

The Texas Board of Professional Engineers adopts an amendment to §133.81, relating to Receipt and Process, without changes to the proposed text as published in the February 18, 2005, issue of the Texas Register (30 TexReg 806) and will not be republished.

The adopted rule change permits applicants who are not currently approved for the examination process and who are not currently in the board review process to voluntarily withdraw their application. The adopted rule change also allows applicants to have only one pending application at a time.

No comments were received regarding the board's adoption of the amended section.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state.

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 June 6, 2005.

TRD-200502296

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 26, 2005

Proposal publication date: February 18, 2005

For further information, please call: (512) 440-7723

22 TAC §137.13

The Texas Board of Professional Engineers adopts an amendment to §137.13, relating to Inactive Status, without changes to the proposed text as published in the February 18, 2005, issue of the Texas Register (30 TexReg 807) and will not be republished.

The adopted rule change clarifies that a professional engineer on Inactive Status may not offer or perform engineering services to the public.

No comments were received regarding the board's adoption of the amended section.

The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state.

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 June 6, 2005.

TRD-200502297

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: June 26, 2005

Proposal publication date: February 18, 2005

For further information, please call: (512) 440-7723

Chapter 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES

Subchapter A. LICENSING

22 TAC §851.32

The Texas Board of Professional Geoscientists (TBPG) adopts 22 Texas Administrative Code Chapter 851, §851.32, concerning the Continuing Education Program, with changes to the proposed text as published in the March 4, 2005, issue of the Texas Register (30 TexReg 1223) and will be republished. The only change to the rule is the omission of a period to subsection (n)(5) after the word illness.

The adopted rule establishes both requirements and procedures related to the continuing education of licensed geoscientists in the State of Texas. Legislation enactment in 2001 of Senate Bill 405 required the Texas Board of Professional Geoscientists to adopt and implement a recommended timeline and criteria by which continuing education rules would be established that would enable licensed geoscientists to renew their licenses.

The adopted rule provides language clarifying the agency's required number of educational hours as well as acceptable courses applicable within continuing education program. The need for this clarification is based on feedback from the geological community in the agency's initial year of operation. This rule is to become effective on September 1, 2006.

Two comments were received from the licensees and public. Comments from one individual were of a general nature indicating that the individual had not read nor understood the requirements within the rule. The other comment received was that the 15 hours per year requirement would be both too excessive and expensive to the licensee for implementation. The Board disagreed that the requirements are neither too excessive or expensive for the licensee to incur. Comments were submitted electronically to geoscience@tbpg.state.tx.us . All comments were received 30 days after publication of this rule in the Texas Register . No requests for a public hearing on the adopted section submitted under the Administrative Procedure Act were received by the Executive Director within the 15 calendar days after notice of this adopted rule had been published in the Texas Register .

The rule is adopted under the Texas Occupations Code, Chapter 1002, which authorizes the Board to adopt a mandated continuing education process and criteria by which all licensees will participate prior to their annual license renewal.

The adopted rule implements the Texas Occupations Code, §1002.302.

§851.32.Continuing Education Program.

(a) Each license holder shall meet the Continuing Education Program (CEP) requirements for professional development as a condition for license renewal.

(b) Terms used in this section are defined as follows:

(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CEP activity. PDH is the basic unit for CEP reporting.

(2) Continuing Education Unit (CEU)--Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.

(3) College/Unit Semester/Quarter Hour--Credit for course in a discipline of geoscience or other related technical elective of the discipline.

(4) Course/Activity--Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license holder's field of practice.

(c) Every license holder is required to obtain 15 PDH units during the renewal period year.

(d) A minimum of 1 PDH per renewal period must be in the area of professional ethics, roles and responsibilities of professional geoscientists, or review on-line of the Texas Geoscientist Practice Act and Board Rules.

(e) If a license holder exceeds the annual requirement in any renewal period, a maximum of 30 PDH units may be carried forward into the subsequent renewal periods.

(f) PDH units may be earned as follows:

(1) Successful completion or auditing of college credit courses.

(2) Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.

(3) Successful completion of correspondence, on-line, televised, videotaped, and other short courses/tutorials.

(4) Presenting or attending qualifying seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.

(5) Teaching or instructing as listed in paragraphs (1) - (4) of this subsection.

(6) Authoring published papers, articles, books, or accepted licensing examination items.

(7) Active participation in professional or technical societies, associations, agencies, or organizations, including:

(A) Serving as an elected or appointed official;

(B) Serving on a committee of the organization;

(C) Serving in other official positions.

(8) Patents Issued.

(9) Engaging in self-directed course work.

(10) Software Programs Published.

(g) All activities described in subsection (f) of this section shall be relevant to the practice of a discipline of geoscience and may include technical, ethical, or managerial content.

(h) The conversion of other units of credit to PDH units is as follows and subject to subsection (g) of this section

(1) 1 College or unit semester hour--15 PDH

(2) 1 College or unit quarter hour--10 PDH

(3) 1 Continuing Education Unit--10 PDH

(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH

(5) 1 Hour of professional development through self-directed course study (Not to exceed 5 PDH)--1 PDH

(6) Each published paper or article--10 PDH and book--45 PDH

(7) Active participation, as defined in subsection (f)(7) of this section in professional or technical society, association, agency, or organization (Not to exceed 5 PDH per year)--1 PDH

(8) Each patent issued--15 PDH

(9) Each software program published--15 PDH

(10) Teaching or instructing as described in subsection (f)(5) of this section--3 times the PDH credit earned.

(i) Determination of Credit

(1) The Board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.

(2) The Board shall not pre-approve or endorse any CEP activities during the first two years after the effective date of this rule. It is the responsibility of each license holder to assure that all PDH credits claimed meet CEP requirements. However, a course provider may contact the Board for an opinion for whether or not a course or technical presentation would meet the CEP requirements. Two years after the effective date of this rule, pre-approval will be required.

(3) Credit for college or community college approved courses will be based upon course credit established by the college.

(4) Credit for qualifying seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.

(5) Credit for self-directed course work will be based on one PDH unit for each hour of study and is not to exceed 5 PDH per renewal period. Credit determination for self-directed course work is the responsibility of the license holder and subject to review as required by the Board.

(6) Credit determination for activities described in subsection (h)(6) of this section is the responsibility of the license holder and subject to review as required by the Board.

(7) Credit for activity described in subsection (h)(7) of this section requires that a license holder serve as an officer of the organization, actively participate in a committee of the organization, or perform other activities such as making or attending a presentation at a meeting or writing a paper presented at a meeting. PDH credits are not earned until the end of each year of service is completed.

(8) Teaching credit, as defined in subsection (f)(5) of this section, is valid for teaching a course or seminar for the first time only.

(j) The license holder is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:

(1) A log, on a form provided by TBPG, showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and

(2) Attendance verification records in the form of completion certificates, receipts, attendance roster, or other documents supporting evidence of attendance.

(k) The license holder must submit CEP certification on the log form provided by TBPG and a list of each activity, date, and hours claimed that satisfy the CEP requirement for that renewal year when audited. A percentage of the licenses will be randomly audited each year.

Figure: 22 TAC §851.32(k) (.pdf)

(l) CEP records for each license holder must be maintained for a period of three years by the license holder.

(m) CEP records for each license holder are subject to audit by the board or its authorized representative.

(1) Copies must be furnished, if requested, to the Board or its authorized representative for audit verification purposes.

(2) If upon auditing a license holder, the Board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of geoscience; the Board may require the license holder to acquire additional PDH as needed to fulfill the minimum CEP requirements.

(n) A license holder may be exempt from the professional development educational requirements for one of the following reasons listed in paragraphs (1) - (5) of this subsection:

(1) New license holders by way of examination shall be exempt for their first renewal period.

(2) A license holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the professional development hours required during that year.

(3) A license holder employed outside the United States, its possessions and territories, actively engaged in the practice of geoscience for a period of time exceeding three hundred (300) consecutive days in a year shall be exempt from obtaining the professional development hours required during that year except for five (5) hours of self-directed course work.

(4) License holders who list their status as "Inactive" and who further certify that they are no longer receiving any remuneration from providing professional geoscience services in Texas shall be exempt from the professional development hours required.

(5) License holders experiencing long term physical disability or illness may be exempt by applying for "inactive" status. Supporting documentation must be furnished to the Board.

(o) A license holder may bring an inactive license to active status by obtaining all delinquent PDH units. However, if the total number required to become current exceeds 30 units, then 30 units shall be the maximum number required.

(p) Noncompliance:

(1) If a license holder does not certify that CEP requirements have been met for a renewal period, the license shall be considered expired and subject to late fees and penalties.

(2) A determination by audit that CEP requirements have been falsely reported shall be considered to be misconduct and will subject the license holder to disciplinary action.

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 June 1, 2005.

TRD-200502205

Michael D. Hess

Executive Director

Texas Board of Professional Geoscientists

Effective date: September 1, 2006

Proposal publication date: March 4, 2005

For further information, please call: (512) 936-4402