Texas Register, Volume 36, Number 23, Pages 3555-3666, June 10, 2011 Page: 3,640
3555-3666 p. ; 28 cm.View a full description of this periodical.
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Advisory Opinion Request
AOR #5 (2011)
Requestor: Kevin Almaguer, P.G.
Re: Is the Texas Commission on Environmental Quality (TCEQ)
Petroleum Storage Tank (PST) Division contributing to violations
of the Geoscience Practice Act? Also, do companies have to be
Geoscience/PE Firms to perform environmental geoscience work
and submit reports to the TCEQ Voluntary Cleanup Program
(VCP) and Industrial Hazardous Waste-Corrective Action Pro-
gram? Still, what does the definition of public mean?
Any interested person may submit written comments concerning this
Advisory Opinion Request and Draft Opinion to: Charles Horton,
Deputy Executive Director, P.O. Box 13225, Austin, Texas 78711, or
by e-mail to chorton@tbpg.state.tx.us or by fax to (512) 936-4409.
Comments must be submitted no later than 30 days from the date of
the posting in the Texas Register. Please reference Advisory Opinion
Request #5.
Draft Opinion
Is the Texas Commission on Environmental Quality (TCEQ) Pe-
troleum Storage Tank (PST) Division contributing to violations of
the Geoscience Practice Act?
No.
Also, do companies have to be Geoscience/PE Firms to perform en-
vironmental geoscience work and submit reports to the TCEQ Vol-
untary Cleanup Program (VCP) and Industrial Hazardous Waste-
Corrective Action Program?
Not all corrective actions require geoscientific work that is regulated by
the Texas Geoscience Practice Act, Texas Occupations Code Chapter
1002 (Act). Those corrective actions which constitute work that is reg-
ulated by the Texas Geoscience Practice Act would be in violation of
the Act if not performed by a licensed Professional Geoscientist and/or
Professional Geoscience Firm independent of and without regard to
any other requirements or registrations under the Texas Commission
on Environmental Quality (TCEQ). Work that is not regulated under
the Texas Geoscience Practice Act is not required to be performed by a
licensed P.G. and/or Professional Geoscience Firm. Work that is regu-
lated must be submitted under seal to certify that the geoscience work
has been performed by a licensed P.G. and/or Professional Geoscience
Firm.
Geoscience, under the Texas Occupations Code 1002.002(3), means
"the science of the earth and its origin and history, the investigation of
the earth's environment and its constituent soils, rocks, minerals, fossil
fuels, solids, and fluids, and the study of the natural and introduced
agents, forces, and processes that cause changes in and on the earth."
Since much corrective action work is not related to geoscience, the
mere registration of Registered Corrective Action Specialist (RCAS)
and Corrective Action Project Manager (CAPM) is not relevant to the
issue, as not all RCAS and CAPMs may be practicing geoscience work.
Please also see Advisory Opinion #4 with respect to "responsible
charge."
Still what does the definition of public mean?
Texas Occupations Code 1002.002(7) defines the public practice of
geoscience as "the practice for the public of geoscientific services or
work, including consulting, investigating, evaluating, analyzing, plan-
ning, mapping, and inspecting geoscientific work and the responsible
supervision of those tasks.""Practice for the public" is further defined in the Texas Occupations
Code 1002.002(6): "(A) means providing professional geoscientific
services: (i) for a governmental entity in this state; (ii) to comply with
a rule established by this state or a political subdivision of this state; or
(iii) for the public or a firm or corporation in this state if the practitioner
assumes the ultimate liability for the work product; and (B) does not
include services provided for the express use of a firm or corporation
by an employee or consultant if the firm or corporation assumes the
ultimate liability for the work product."
TRD-201101958
Charles Horton
Deputy Executive Director
Texas Board of Professional Geoscientists
Filed: June 1, 2011
Texas Health and Human Services Commission
Notice of Public Hearing on Proposed Medicaid Payment Rate
Hearing. The Texas Health and Human Services Commission (HHSC)
will conduct a public hearing on June 28, 2011, at 2:30 p.m., to receive
public comment on the proposed rate for the Truman W. Smith Chil-
dren's Care Center, a nursing facility which is a member of the pedi-
atric care facility special reimbursement class of the Nursing Facility
Program operated by the Texas Department of Aging and Disability
Services (DADS).
The hearing will be held in compliance with Human Resources Code
32.0282 and Texas Administrative Code (TAC) Title 1, 355.105(g),
which require public notice and hearings on proposed Medicaid reim-
bursements. The public hearing will be held in the Permian Basin Con-
ference Room of the Health and Human Services Commission, Braker
Center, Building H, located at 11209 Metric Boulevard, Austin, Texas.
Entry is through Security at the main entrance of the building, which
faces Metric Boulevard. Persons requiring Americans with Disabilities
Act (ADA) accommodation or auxiliary aids or services should contact
Esther Brown by calling (512) 491-1445, at least 72 hours prior to the
hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to increase the rate for the nursing facil-
ity pediatric care facility special reimbursement class for Truman W.
Smith Children's Care Center from $219.69 a day to $223.44 a day.
The proposed rate will be effective September 1, 2011, and was de-
termined in accordance with the rate-setting methodology listed below
under "Methodology and Justification."
Methodology and Justification. The proposed rate was determined in
accordance with the rate-setting methodology codified at 1 TAC Chap-
ter 355, Subchapter C, 355.307, Reimbursement Setting Methodol-
ogy.
Briefing Package. A briefing package describing the proposed
payment rate will be available at http://www.hhsc.state.tx.us/rad/rate-
packets.shtml on June 13, 2011. Interested parties may also obtain a
copy of the briefing package prior to the hearing by contacting Esther
Brown by telephone at (512) 491-1445; by fax at (512) 491-1998; or
by e-mail at esther.brown@hhsc.state.tx.us. The briefing package also
will be available at the public hearing.
Written Comments. Written comments regarding the proposed pay-
ment rate may be submitted in lieu of, or in addition to, oral testimony
until 5:00 p.m. the day of the hearing. Written comments may be
sent by U.S. mail to the attention of Esther Brown, Health and Hu-
man Services Commission, Rate Analysis, Mail Code H-400, P.O. Box
85200, Austin, Texas 78708-5200; by fax to Esther Brown at (512)
491-1998; or by e-mail to esther.brown@hhsc.state.tx.us. In addition,36 TexReg 3640 June 10, 2011 Texas Register
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Texas. Secretary of State. Texas Register, Volume 36, Number 23, Pages 3555-3666, June 10, 2011, periodical, June 10, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176623/m1/82/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.