TITLE 22. EXAMINING BOARDS

PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

CHAPTER 5. REGISTERED INTERIOR DESIGNERS

Introduction. The Texas Board of Architectural Examiners (Board) adopts amendments to §5.5 (Terms Defined Herein), §5.31 (Registration of Interior Designers by Examination), §5.32 (Registration by Reciprocal Transfer), §5.33 (Application Process), §5.35 (Pending Applications), §5.36 (Preliminary Evaluation of Criminal History), §5.37 (Provisional Licensure), §5.51 (Requirements), §5.52 (Examination Administration and Scoring), §5.53 (Scheduling of Examinations), and §5.55 (Special Accommodations). Additionally, the Board repeals §5.54 (Transfer of Passing Scores), §5.201 (Description of Approved Education for Registration by Examination), §5.202 (Description of Approved Experience for Registration by Examination), and §5.203 (Other Education and Experience). The amendments and repealed rules are adopted without changes to the proposed text published in the October 6, 2017, issue of the Texas Register (42 TexReg 5333).

Reasoned Justification. This rulemaking action implements Senate Bill 1932 (85th Regular Session, 2017), which amended the educational and professional experience requirements for registration as a registered interior designer (RID). Prior to the enactment of SB 1932, the Board was authorized under Tex. Occ. Code §1052.155 to adopt rules establishing the educational and professional experience standards required to become registered. However, under SB 1932, the legislature eliminated this rulemaking authority, and instead adopted a requirement that applicants for registration must meet the educational and professional experience standards for the registration examination adopted by the Board under authority of Tex. Occ. Code §1053.154. This exam, the NCIDQ, is administered by the Council for Interior Design Qualification (CIDQ), and the eligibility requirements for the exam are set by that organization. Therefore, it is necessary for the Board to repeal the educational and professional experience requirements that were previously adopted by rule, and substitute the educational and professional experience requirements required by CIDQ to sit for the NCIDQ examination. Additionally, the Board amends its applications and testing processes to assist the Board in implementing changes to the eligibility requirements.

Adopted §5.5 includes revised definitions which are necessary to implement the rule changes required by SB 1932.

Adopted §5.31 directly implements the legislative directive contained in SB 1932 by requiring an applicant for registration satisfy "the educational and professional experience eligibility requirements adopted by the Council for Interior Design Qualification (CIDQ) to sit for the NCIDQ examination." Additionally, the adopted rule includes a grandfathering provision under subsection (c), which applies to individuals who have been approved by the Board to take the examination prior to January 1, 2018 (the expected effective date of the proposed rules). Under this provision, such applicants would be eligible to qualify for registration as an RID by satisfying either the educational and professional experience required by CIDQ to sit for its examination, or the educational and professional experience requirements adopted by the Board and in effect at the time the application was filed. Though the Board notes that the CIDQ eligibility requirements are generally less stringent, and are thus not expected to result in the loss of eligibility of any applicant, this provision is intended to act as an additional safeguard to ensure the continued eligibility of any currently-approved applicant for examination.

Adopted §5.32 includes non-substantive amendments that update defined terms and provide for consistency with corresponding provisions in §5.31 and §5.51 regarding predecessors to the NCIDQ examination.

Adopted §5.33 outlines the process to be followed in filing an application for registration by examination. Under this provision, an applicant is required to satisfy the educational and professional experience requirements adopted by CIDQ to sit for the NCIDQ examination, and be approved by CIDQ to sit for the examination, prior to filing an application with the Board. Upon filing an application with the Board, an applicant will be required to provide a verified statement of the applicant's education, a detailed summary of interior design work experience, and proof of acceptance by CIDQ to sit for the examination. By requiring the applicant to provide the Board, at the time of application, with proof of acceptance by CIDQ to sit for the NCIDQ examination, the rule implements Tex. Occ. Code §1053.155, which requires an applicant for registration to demonstrate that he or she has satisfied the educational and professional experience requirements for the examination adopted by the Board (the NCIDQ).

Adopted §5.35 substitutes the term "applicant" for "candidate." Under the revised definitions in §5.5, an applicant is defined in part as a person who has submitted an application to the Board, while a candidate is a person who may not have completed the application process. Since §5.35 describes a person who has completed the application process (and is required to pay record maintenance fee), the appropriate term is "applicant." Likewise, "applicant" is substituted for "candidate" in §5.37, which authorizes the issuance of a certificate of registration or a provisional certificate of registration to an individual who has been convicted of certain criminal offenses. Since the Board would only issue a registration to a person who has completed an application, the use of the term "applicant" is appropriate here.

Board rule §5.36 describes the process for certain individuals, including those enrolled in or planning to enroll in interior design educational programs, to request a preliminary determination of eligibility for registration based on the individual's criminal history. The amendment to §5.36 substitutes the term "qualifying interior design educational program" for "accredited program." Under the Board's previously adopted educational standards, an applicant was required to graduate from an accredited interior design program. However, under the CIDQ standards, graduation from an accredited program is not required. As such, the rule has been extended to cover individuals who are enrolled in or planning to enroll in a "qualifying" educational program, which the Board interprets to mean an educational program that meets the CIDQ educational standards for examination qualification.

Adopted §5.51(a) states that an applicant for interior design registration by examination must meet the eligibility and application requirements contained in §5.33(b) and (c). Additionally, §5.51(a) is amended to provide for consistency with corresponding provisions in §5.31 and §5.51 regarding predecessors to the NCIDQ examination. Additionally, a provision under §5.51(b), which authorized an applicant to begin testing after completing six months of full time work experience, has been repealed. This provision conflicted with recently amended Tex. Occ. Code §1053.155, which states that an application for admission to the examination must be accompanied by evidence that the applicant has satisfied the professional experience requirements for the examination adopted by the Board. Depending on educational background, CIDQ requires prospective examinees to complete at least 3,520 hours (approximately two years) and up to 7,040 hours of work experience prior to taking the final sections of the examination. As such, an applicant with only six months of professional experience would not meet the "professional experience requirements" of CIDQ to take all sections of the examination, and thus it would be inappropriate for the Board to approve the applicant to do so under Tex. Occ. Code §1053.155. Therefore, §5.51(b) has been repealed, and instead the Board has adopted §5.53(a), which requires an Applicant to schedule and pass all sections of the NCIDQ within the time period required by CIDQ. In addition to bringing the rules into mandatory compliance with Occ. Code §1053.155, this change will simplify the process for applicants and decrease the potential for confusion by eliminating unnecessary differences between Board and CIDQ requirements for examination scheduling and passage.

Section 5.51(c) and §5.52 have been amended to eliminate unnecessary requirements relating to examination administration and scoring. Formerly, §5.51(c) addressed the acceptable location at which the examination could be taken. Similarly, §5.52 included provisions relating to examination administration, addressing the timing of examination administrations and the information required to be given to examinees, and imposed requirements on examinees regarding the identification required of examinees in order to enter the examination and the tools to bring to the examination. However, as the independent administrator of the examination, CIDQ is responsible for developing and enforcing examination administration procedures, and the adopted amendments recognize this role by repealing §5.51(c) and adopting §5.52, which states that, unless otherwise noted in the Board's rules, the administration and scoring of the NCIDQ examination is governed by the procedures adopted by CIDQ. This adoption will simplify the Board's rules and decrease the possibility of contradiction between the Board's rules and CIDQ's procedures in administering the NCIDQ examination.

Adopted §5.53 amends the Board's rules relating to scheduling of examinations by adopting CIDQ's requirements on the matter. Previously, §5.53(a) required an applicant to pass all sections of the examination within five years of passing the first section. If a candidate did not pass all sections within five years, credit for any examination passed more than five years prior would be forfeited, and the section would have to be passed again. Comparatively, under CIDQ's requirements, an examinee is required to pass the first section of the NCIDQ examination (IDFX) within four examination windows of approval (two years), and the other two sections within ten examinations windows (five years). In order to simplify the Board's rules and minimize conflicting information for examinees, the Board has amended §5.53(a), which states that an applicant must schedule and pass all sections of the administration within the time period required by CIDQ. Additionally, in order to minimize any disruption to the testing schedule of individuals with pending, approved applications, the Board has adopted §5.53(b), which provides a grandfathering mechanism which allows those applicants to complete the test within the time period in effect at the time the application was filed.

The Board has repealed §5.54, relating to transfer of passing scores. The process described in previous §5.54, in which examination scores are "transferred" from one state to another, is not consistent with any process used by CIDQ to administer examinations. CIDQ is responsible for maintaining and distributing examination scores to TBAE and other registration boards. Because the "transfer" of scores is not the responsibility of the Board, this rule was inconsistent with practice and unnecessary. Therefore, repeal is appropriate.

Adopted amendments to §5.55 substitute the term "examinee" with "applicant" relating to the consideration of special accommodations for examination administration. Since many individuals pursuing registration in Texas begin testing with CIDQ prior to submitting an application with the Board, it is possible that such an individual would request special testing accommodations through the Board. This amendment will allow the Board to address such testing accommodations with CIDQ, as necessary.

Subchapter J, §§5.201, 5.202, and 5.203, has been repealed. These rules previously identified the amounts and types of educational and professional experience required to qualify for registration. The repeal of these rules is required to implement amended Tex. Occ. Code §1053.155, which eliminated the Board's authority to adopt rules establishing standards for the recognition and approval of interior design educational programs and the amounts and types of professional experience necessary for registration examination eligibility.

Summary of Comments and Agency Response. The Board did not receive any comments on the proposed rules.

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §5.5

Statutory Authority.

The amendment to §5.5 is adopted under Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; §1053.152, which requires the Board to establish the qualifications for the issuance or renewal of an interior design registration, including the passage of an examination, payment of required fees, and other qualifications as determined by the Board; §1053.154, which requires an applicant for interior design registration to pass the examination adopted by the board, and authorizes the Board to adopt the NCIDQ examination or a comparable examination; and §1053.155, which requires an applicant for admission to the registration examination to provide evidence satisfactory to the Board that the applicant has satisfied the educational and professional experience requirements for the examination adopted by the board under §1053.154. In part, the definitions in §5.5 provide guidance in understanding the Board's rules relating to the application and examination processes, and the adopted rule will provide additional clarity to the definitions.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705016

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 1, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 305-8519


SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §§5.31 - 5.33, 5.35 - 5.37

The amendments to §§5.31 - 5.33 and 5.35 - 5.37 are adopted under Tex. Occ. Code §53.021, which authorizes the Board to suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of certain criminal offenses; §53.0211, which authorizes the Board to issue a provisional license for a term of six months to an applicant who has been convicted of a criminal offense; §53.102, which authorizes a person to request that the Board issue a criminal history evaluation letter regarding the person's eligibility for a registration with the Board; §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; §1051.207, which directs the Board to adopt rules as necessary to comply with Occupations Code Chapter 53; §1051.305, which authorizes the Board to grant a registration by reciprocity to certain applicants registered in other jurisdictions; §1053.152, which requires the Board to establish the qualifications for the issuance or renewal of an interior design registration, including the passage of an examination, payment of required fees, and other qualifications as determined by the Board; §1053.154, which requires an applicant for interior design registration to pass the examination adopted by the board, and authorizes the Board to adopt the NCIDQ examination or a comparable examination; and §1053.155, which requires an applicant for admission to the registration examination to provide evidence satisfactory to the Board that the applicant has satisfied the educational and professional experience requirements for the examination adopted by the board under §1053.154.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705017

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 1, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 305-8519


SUBCHAPTER C. EXAMINATION

22 TAC §§5.51 - 5.53, 5.55

Statutory Authority

The amendments to §§5.51 - 5.53 and 5.55 are adopted under Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; §1051.301, which requires the Board to adopt rules to ensure that an examination is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments; §1053.152, which requires the Board to establish the qualifications for the issuance or renewal of an interior design registration, including the passage of an examination, payment of required fees, and other qualifications as determined by the Board; §1053.154, which requires an applicant for interior design registration to pass the examination adopted by the board, and authorizes the Board to adopt the NCIDQ examination or a comparable examination; and §1053.155, which requires an applicant for admission to the registration examination to provide evidence satisfactory to the Board that the applicant has satisfied the educational and professional experience requirements for the examination adopted by the board under §1053.154.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705018

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 1, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 305-8519


22 TAC §5.54

Statutory Authority

The repeal of §5.54 is adopted under Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; §1053.152, which requires the Board to establish the qualifications for the issuance or renewal of an interior design registration, including the passage of an examination, payment of required fees, and other qualifications as determined by the Board; §1053.154, which requires an applicant for interior design registration to pass the examination adopted by the board, and authorizes the Board to adopt the NCIDQ examination or a comparable examination; and §1053.155, which requires an applicant for admission to the registration examination to provide evidence satisfactory to the Board that the applicant has satisfied the educational and professional experience requirements for the examination adopted by the board under §1053.154.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705019

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 1, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 305-8519


SUBCHAPTER J. TABLE OF EQUIVALENTS FOR EDUCATION AND EXPERIENCE IN INTERIOR DESIGN

22 TAC §§5.201 - 5.203

STATUTORY AUTHORITY

The repeal of §§5.201 - 5.203 is adopted under Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; §1053.152, which requires the Board to establish the qualifications for the issuance or renewal of an interior design registration, including the passage of an examination, payment of required fees, and other qualifications as determined by the Board; §1053.154, which requires an applicant for interior design registration to pass the examination adopted by the board, and authorizes the Board to adopt the NCIDQ examination or a comparable examination; and §1053.155, which requires an applicant for admission to the registration examination to provide evidence satisfactory to the Board that the applicant has satisfied the educational and professional experience requirements for the examination adopted by the board under §1053.154.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705020

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 1, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 305-8519


PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

CHAPTER 577. GENERAL ADMINISTRATIVE DUTIES

SUBCHAPTER B. STAFF

22 TAC §577.15

The Texas Board of Veterinary Medical Examiners (Board) adopts this amendment to §577.15, concerning the Fee Schedule. The amendment is adopted without changes to the proposed text published in the November 3, 2017, issue of the Texas Register (42 TexReg 6119) and will not be republished.

Reasoned Justification and Factual Basis

The purpose of the proposed amendment is to increase license renewal fees to cover increased costs for administering Chapter 801, Occupations Code, in fiscal years 2018 and 2019. There are three necessary increased costs that the agency must cover. First, increased vendor costs for the Prescription Monitoring Program (PMP) require the agency to contribute an additional $35,402 annually for operation and maintenance of the program. Additionally, the agency's contract with the Board's peer assistance program, Professional Recovery Network (PRN), requires an additional $15,000 annually for fiscal years 2018 and 2019. Finally, the agency is required to increase fees to generate $148,910 during the 2018-2019 biennium to compensate for an additional staff member approved by the legislature.

Summary of Comments and Agency Response

The agency did not receive any public comments that concerned the proposed amendment to this rule.

Statutory Authority

The amendment is adopted under the authority of §801.151(a), Occupations Code, which states that the Board may adopt rules necessary to administer the chapter, and the authority of §801.154, Occupations Code, which states that the Board by rule shall set fees in amounts that are reasonable and necessary so that the fees, in the aggregate, cover the costs of administering Chapter 801, Occupations Code.

No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 7, 2017.

TRD-201704996

Michelle Griffin

Interim General Counsel

Texas Board of Veterinary Medical Examiners

Effective date: January 1, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 305-7573


PART 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

CHAPTER 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES

SUBCHAPTER B. P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION

22 TAC §851.21

The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to 22 TAC §851.21, concerning the licensure and regulation of Professional Geoscientists. This amendment is adopted without changes to the proposed text as published in the October 6, 2017, issue of the Texas Register (42 TexReg 5367), and will not be republished.

TBPG adopts an amendment to 22 TAC §851.21 to establish guidelines for applicants requesting to sit for a licensing examination. Adopted changes add language to provide that an applicant who does not fully meet the education requirement for licensure may sit for a licensing examination as long as the applicant has submitted certain documents and has acknowledged that the applicant does not meet the education requirement. The applicant will then need to resolve the education deficit once the applicant has received passing scores on the licensing examination in order to obtain a Professional Geoscientist license. Resolving the education deficit may include obtaining a waiver of the education requirement, obtaining a substitution of experience for education, or by the Board's determination that the education requirement was met with "equivalent education," as provided by §1002.255(a)(2)(B). An applicant may choose to sit for the examination knowing that the education deficit will not be reviewed by the Board until after the applicant has passed the required examination(s) for licensure, and that the resolution the applicant presents may not be approved.

Adopted amendment to §851.21 adds new subsection (h) that specifies that "an individual who plans to apply for licensure as a Professional Geoscientist in the discipline of geology who does not fully meet the education requirement for licensure may take the ASBOG® Fundamentals of Geology examination as long as the applicant: (1) Submits two acceptable personal references; (2) Has submitted any other necessary forms, documents, and fees; and (3) Has acknowledged that the Appointed Board must approve an education waiver request or approve the substitution of experience for education before the applicant may be licensed as a Professional Geoscientist and that the Appointed Board will not consider an education waiver or a request to substitute experience for education until after both the ASBOG® Fundamentals of Geology and Practice of Geology examinations have been passed." New subsection (i) adds that "an applicant for licensure as a Professional Geoscientist in the discipline of geology who does not fully meet the education requirement for licensure may take the ASBOG® Practice of Geology examination as long as the applicant: (1) Meets or is within six months of meeting the qualifying experience requirement for licensure; (2) Submits the required number/type of acceptable references required for licensure verifying the qualifying work experience claimed (or has verified qualifying work experience claimed through an alternate means, as provided by TBPG rules); (3) Has submitted a request for an education waiver or a substitution of experience for education; (4) Has submitted any other necessary forms, documents, and fees; and, (5) Has acknowledged that the Appointed Board must approve the education waiver request or a request to substitute experience for education before the applicant may be licensed as a Professional Geoscientist and that the Appointed Board will not consider an education waiver or a request for substitution of experience for education until after both the ASBOG® Fundamentals of Geology and Practice of Geology examinations have been passed." New subsection (j) adds that "an applicant for licensure as a Professional Geoscientist in the discipline of geophysics who does not fully meet the education requirement for licensure may take the Texas Geophysics Examination as long as the applicant: (1) Meets or is within six months of meeting the qualifying experience requirement for licensure; (2) Submits the required number/type of acceptable references required for licensure verifying the qualifying work experience claimed (or has verified qualifying work experience claimed through an alternate means, as provided by TBPG rules); (3) Has submitted a request for an education waiver or a substitution of experience for education; (4) has submitted any other necessary forms, documents, and fees; and, (5) Has acknowledged that the Appointed Board must approve the education waiver request or a request to substitute experience for education before the applicant may be licensed as a Professional Geoscientist and that the Appointed Board will not consider an education waiver or a request for substitution of experience for education until after the Texas Geophysics Examination has been passed."

The public benefit anticipated as a result of enforcing or administering the sections is that the Texas Board of Professional Geoscientists' rules are clarified regarding license eligibility and guidelines for applicants requesting to sit for a licensing examination, 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.

No public comments were received regarding the proposed changes.

The adopted amendment is authorized by the Texas Occupations 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 §1002.255, which outlines how an applicant may demonstrate eligibility for a license, including equivalent educational requirements.

The adopted amendment implements the Texas Occupations Code, §§1002.151, 1002.154, and 1002.255.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201704998

Charles Horton

Executive Director

Texas Board of Professional Geoscientists

Effective date: December 28, 2017

Proposal publication date: October 6, 2017

For further information, please call: (512) 936-4401


22 TAC §851.83

The Texas Board of Professional Geoscientists (TBPG) adopts a new rule concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG adopts 22 TAC §851.83, concerning Certain Licensees Temporarily Exempt from Continuing Education Requirements, for those licensees residing in Governor-designated disaster affected counties. This rule is adopted without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5639), and will not be republished.

A Proclamation by the Governor of the State of Texas dated September 20, 2017, declared a state of emergency for certain counties in Texas due to Hurricane Harvey. This rule allows licensees to continue practicing geoscience without interruption during the weeks and months immediately following the hurricane. Allowing licensees to continue to practice geoscience without interruption allows them to assist in recovery, environmental damage assessment, post-flood foundation-stability assessment, environmental remediation and subsurface assessments related to structural rebuilding efforts in affected counties, thereby helping to preserve the public health, safety, and welfare in those areas, which are in imminent peril as a result of structures that have been damaged and otherwise become structurally unsound.

Adopted new rule, §851.83, entitled Certain Licensees Temporarily Exempt From Continuing Education Requirements, outlines the process and conditions the board will use in providing temporary exemption from the continuing education requirements for those licensees residing in Governor-designated disaster affected counties, thereby allowing a licensee to renew a license issued by TBPG in a timely manner and to remain in compliance with continuing education requirements as long as the license, registration, or certification is renewed on or before August 31, 2018.

The public benefit anticipated as a result of enforcing or administering the section is the uninterrupted availability of licensees to carry out public geoscience throughout the state, including areas impacted by Hurricane Harvey, and continuing the ability of the Board to effectively regulate the public practice of geoscience in Texas.

No public comments were received regarding the proposed rule.

The adopted rule is authorized by the Texas Geoscience Practice Act, Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules and regulations consistent with the Act as necessary for the performance of its duties, and the regulation of the practice of geoscience in this state; and Occupations Code §1002.154, which provides that Board shall enforce the Act.

The adopted rule implements the Texas Occupations Code, §§1002.151, 1002.154, and 1002.302.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705001

Charles Horton

Executive Director

Texas Board of Professional Geoscientists

Effective date: January 25, 2018

Proposal publication date: October 13, 2017

For further information, please call: (512) 936-4401