Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,677
5587-5800 p. ; 28 cm.View a full description of this periodical.
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There is no anticipated negative impact on state or local govern-
ment.
PUBLIC BENEFIT
Mr. Horton has also determined that for each year of the first five
years the section is in effect, the public will benefit from adoption
of the amendment. The public benefit anticipated as a result of
administering the section is that the Texas Board of Professional
Geoscientists' ability to enforce the Texas Geoscience Practice
Act is strengthened by cooperation with other state agencies,
and education of their employees, and the Board will be able
to more effectively regulate the public practice of geoscience in
Texas, which will protect and promote public health, safety, and
welfare.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL
RULES
The Board has determined that this proposal is not a "major en-
vironmental rule" as defined by Government Code 2001.0225.
"Major environmental rule" is defined to mean a rule the spe-
cific intent of which is to protect the environment or reduce risk
to human health from environmental exposure and that may ad-
versely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment or the
public health and safety of a state or a sector of the state. Al-
though Professional Geoscientists and Registered Geoscience
Firms play a key role in environmental protection for the state of
Texas, this proposal is not specifically intended to protect the en-
vironment nor reduce risks to human health from environmental
exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Horton has determined that the proposed amendment does
not restrict or limit an owner's right to his or her property that
would otherwise exist in the absence of government action and,
therefore, do not constitute a taking under Government Code
2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in
writing to Charles Horton, Executive Director, Texas Board of
Professional Geoscientists, 333 Guadalupe Street, Tower 1-530,
Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas
78711 or by e-mail to chorton@tbpg.state.tx.us. When e-mailing
comments, please indicate "Comments on Proposed Rules" in
the e-mail subject line. Please submit comments within 30 days
following publication of the proposal in the Texas Register.
The proposed amendments are authorized by the Texas Occu-
pations Code 1002.151 which provides that the Board shall
adopt and enforce rules consistent with the Texas Geoscience
Practice Act (the Act), by Occupations Code 1002.154 which
provides that Board shall enforce the Act, and by Occupations
Code 1002.206 which requires TBPG to educate other state
agency employees regarding the procedures by which com-
plaints are filed with and resolved by TBPG.
The proposed amendments affect Occupations Code, Chapter
1002.
850.62. General Powers and Duties of the Board
(a) Unless exempted by Texas Occupations Code, Chapter
1002, the Board ensures that a person may not engage in the public
practice of geoscience unless the person holds a license issued under
this chapter. Unless the person is licensed under this chapter, a person
may not:(1) use the term "Licensed Professional Geoscientist" or
the initials "P.G." as part of a professional, business, or commercial
identification or title; or
(2) otherwise represent to the public that the person is qual-
ified to:
(A) practice as a geoscientist; or
(B) engage in the public practice of geoscience.
(b) The Board ensures that a person does not take responsible
charge of a geoscientific report or a geoscientific portion of a report
required by municipal or county ordinance, state or federal law, state
agency rule, or federal regulation that incorporates or is based on a
geoscientific study or geoscientific data unless the person is licensed
under the authority provided to the Board under the Act.
(c) The Act and rules adopted by the Board under the author-
ity of the Act apply to every licensee, registered firm, Geoscientist-in-
Training, and unlicensed individual or unregistered firm providing or
offering to provide public geoscience services.
(d) Unless an exemption applies, as outlined in the Texas Oc-
cupations Code 1002.351, the Board ensures that all firms offering to
engage or engaging in the public practice of professional geoscience in
Texas are registered as a Geoscience Firm.
(e) An individual meeting certain criteria who expresses an in-
tent to become a licensed Professional Geoscientist may register with
the Board as a Geoscientist-in-Training (GIT).
(f) Citizens who do not speak English or who have a physical,
mental, or developmental disability will be provided reasonable access
to the Board meetings and to the Board's programs.
(g) The Board welcomes appropriate citizen input and com-
munications at Board meetings and upon prior reasonable notice to the
Board, the Board will provide interpreters and/or sign language spe-
cialists to assist the citizen in presenting their input to the Board.
(h) The Board works with each state agency that uses the ser-
vices of a person licensed by the Board and other state agencies as de-
termined by the Board, including a state agency with which the Board
has entered into a Memorandum of Understanding that addresses the
coordination of activities or complaints, to educate the agencies' em-
ployees regarding the procedures by which complaints are filed with
and resolved by the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 15, 2013.
TRD-201303399
Charles Horton
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 936-4405
4 4 4
CHAPTER 851. TEXAS BOARD OF
PROFESSIONAL GEOSCIENTISTS LICENSING
AND ENFORCEMENT RULES
The Texas Board of Professional Geoscientists (Board or TBPG)
proposes amendments to 22 TAC 851.10, 851.101, andPROPOSED RULES August 30, 2013 38 TexReg 5677
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/91/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.