TITLE 22. EXAMINING BOARDS
PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
CHAPTER 511. ELIGIBILITY
SUBCHAPTER
C.
The Texas State Board of Public Accountancy (Board) proposes an amendment to §511.53 concerning Evaluation of International Education Documents.
Background, Justification and Summary
The board has the responsibility to assure that education obtained in a foreign jurisdiction is equivalent to the education required to become a CPA in Texas. The University of Texas has been evaluating the foreign applicant's education and advising if it is equivalent to Texas requirements. Some of the foreign jurisdiction applicant's education can be reviewed in-house by board staff. Therefore, not all evaluations need be performed by staff at the University of Texas. The proposed revision permits this agency to conduct the evaluation by board staff or university staff.
Fiscal Note
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment is in effect, there will be no additional estimated cost to the state, no estimated reduction in costs to the state and to local governments, and no estimated loss or increase in revenue to the state, as a result of enforcing or administering the amendment.
Public Benefit
Educational evaluations can be reviewed sooner by having board staff assist in the educational evaluations.
Probable Economic Cost and Local Employment Impact
Mr. Treacy, Executive Director, has determined that there will be no probable economic cost to persons required to comply with the amendment and a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Small Business, Rural Community and Micro-Business Impact Analysis
William Treacy, Executive Director, has determined that the proposed amendment will not have an adverse economic effect on small businesses, rural communities or micro-businesses because the amendment does not impose any duties or obligations upon small businesses, rural communities or micro-businesses; therefore, an Economic Impact Statement and a Regulatory Flexibility Analysis are not required.
Government Growth Impact Statement
William Treacy, Executive Director, has determined that for the first five-year period the amendment is in effect, the proposed rule: does not create or eliminate a government program; does not create or eliminate employee positions; does not increase or decrease future legislative appropriations to the Board; does not increase or decrease fees paid to the Board; does not create a new regulation; limits the existing regulation; does not increase or decrease the number of individuals subject to the proposed rule's applicability; and does not positively or adversely affect the state's economy.
Takings Impact Assessment
No takings impact assessment is necessary because there is no proposed use of private real property as a result of the proposed rule revision.
The requirement related to a rule increasing costs to regulated persons does not apply to the Texas State Board of Public Accountancy because the rule is being proposed by a self-directed semi-independent agency. (§2001.0045(c)(8))
Public Comment
Written comments may be submitted to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 505 E. Huntland Dr., Suite 380, Austin, Texas 78752 or faxed to his attention at (512) 305-7854, no later than noon on November 2, 2026.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses. If the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; and finally, describe how the health, safety, environmental, and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
Statutory Authority
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code §901.151, which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§511.53.
(a) It is the responsibility of the board to confirm that education obtained at colleges and universities outside of the United States (international education) is equivalent to education earned at board-recognized institutions of higher education in the U.S.
(b)
The board staff may examine [shall use], at the expense of the student [applicant], or use the services of the University of Texas at Austin, Office of the Admissions to validate, review, and evaluate international education documents submitted by an applicant to determine if the courses taken and degrees earned are substantially equivalent to those offered by the board-recognized institutions of higher education located in the U.S. The evaluation shall provide the following information to the board:
(1) Degrees earned by the applicant that are substantially equivalent to those conferred by a board-recognized institution of higher education in the U.S. that meets §511.52 of this chapter (relating to Recognized Institutions of Higher Education);
(2) The total number of semester hours or quarter hour equivalents earned that are substantially equivalent to those earned at U.S. institutions of higher education;
(3) The total number of semester hours or quarter hour equivalents earned in accounting coursework that meets §511.57 of this chapter (relating to Courses in an Accounting Concentration to take the UCPAE);
(4) An analysis of the title and content of courses taken that are substantially equivalent to courses listed in §511.57 of this chapter; and
(5) The total number of semester hours or quarter hour equivalents earned in business coursework that meets §511.58 of this chapter (relating to Related Business Subjects).
(c) The University of Texas at Austin, Office of the Admissions may use the American Association of Collegiate Registrars and Admissions Officers (AACRAO) material, including the Electronic Database for Global Education (EDGE), in evaluating international education documents.
(d) Other evaluation or credentialing services of international education are not accepted by the board.
(e) Credits may not be awarded for coursework taken through the following organizations and shown on a transcript from an institution of higher education to meet the requirements of this chapter:
(1) American College Education (ACE);
(2) Prior Learning Assessment (PLA);
(3) Defense Activity for Non-Traditional Education Support (DANTES);
(4) Defense Subject Standardized Test (DSST); and
(5) StraighterLine.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 17, 2026.
TRD-202604013
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 305-7848
SUBCHAPTER
D.
The Texas State Board of Public Accountancy (Board) proposes an amendment to §511.97 concerning Examination of Applicant Approved with Accommodation.
Background, Justification and Summary
The board proposes to eliminate the requirement that CPA candidates requiring a disability accommodation to take the Uniform CPA exam must provide at least four-day's notice prior to cancelling the exam or be subject to reimbursement for the cost of their requested accommodation. The board recognizes that some disabilities can manifest at any time, through no fault of the candidate, and the candidate should not be held responsible. The board proposes to eliminate the reimbursement requirement.
Fiscal Note
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment is in effect, there will be no additional estimated cost to the state, no estimated reduction in costs to the state and to local governments, and no estimated loss or increase in revenue to the state, as a result of enforcing or administering the amendment.
Public Benefit
Individuals with disabilities should not be burdened with the costs of accommodations when the needed accommodations are beyond their control.
Probable Economic Cost and Local Employment Impact
Mr. Treacy, Executive Director, has determined that there will be no probable economic cost to persons required to comply with the amendment and a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Small Business, Rural Community and Micro-Business Impact Analysis
William Treacy, Executive Director, has determined that the proposed amendment will not have an adverse economic effect on small businesses, rural communities or micro-businesses because the amendment does not impose any duties or obligations upon small businesses, rural communities or micro-businesses; therefore, an Economic Impact Statement and a Regulatory Flexibility Analysis are not required.
Government Growth Impact Statement
William Treacy, Executive Director, has determined that for the first five-year period the amendment is in effect, the proposed rule: does not create or eliminate a government program; does not create or eliminate employee positions; does not increase or decrease future legislative appropriations to the Board; does not increase or decrease fees paid to the Board; does not create a new regulation; limits the existing regulation; does not increase or decrease the number of individuals subject to the proposed rule's applicability; and does not positively or adversely affect the state's economy.
Takings Impact Assessment
No takings impact assessment is necessary because there is no proposed use of private real property as a result of the proposed rule revision.
The requirement related to a rule increasing costs to regulated persons does not apply to the Texas State Board of Public Accountancy because the rule is being proposed by a self-directed semi-independent agency. (§2001.0045(c)(8))
Public Comment
Written comments may be submitted to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 505 E. Huntland Dr., Suite 380, Austin, Texas 78752 or faxed to his attention at (512) 305-7854, no later than noon on November 2, 2026.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses. If the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; and finally, describe how the health, safety, environmental, and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
Statutory Authority
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code §901.151, which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§511.97.
(a) A listing of available accommodations shall be provided to the board by NASBA.
(b) If the board approves the applicant's request for accommodation, the board will notify the applicant and NASBA not less than 30 days prior to the date that the applicant may test.
(c) Upon arrival at the testing center the applicant may not delete accommodations or add accommodations to those the board has authorized.
(d) There will be no additional fee charged to any candidate for an accommodation approved by the board under this rule.
[(e) An applicant who is authorized to have accommodations on the UCPAE, and cancels and/or reschedules the exam with the testing vendor within four business days or less, is required to reimburse the board for the costs for accommodations that were not utilized by the applicant.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 17, 2026.
TRD-202604014
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 305-7848
CHAPTER 520. PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM
22 TAC §520.4The Texas State Board of Public Accountancy (Board) proposes an amendment to §520.4 concerning Eligible Students for the Accounting Students Scholarship Program.
Background, Justification and Summary
Subchapter N of the Texas Public Accountancy Act provides for scholarship money to assist qualified students intending to take the CPA exam. The scholarship is awarded to help students with their school expenses. The rule currently requires students to sit for the exam within three years of submitting their "Application of Intent" to take the exam. The board has information that demonstrates that the sooner a student sits for the exam after completing their education, the greater the likelihood of passing the exam. The board is proposing to revise the requirement to sit for the exam from three years to two years of advising the board of their intent to take the CPA exam.
Fiscal Note
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment is in effect, there will be no additional estimated cost to the state, no estimated reduction in costs to the state and to local governments, and no estimated loss or increase in revenue to the state, as a result of enforcing or administering the amendment.
Public Benefit
Advising that, beginning January 1, 2027, scholarship recipients are required to sit for the exam within two years of submitting their "Application of Intent". This helps students in planning and completing their educational needs.
Probable Economic Cost and Local Employment Impact
Mr. Treacy, Executive Director, has determined that there will be no probable economic cost to persons required to comply with the amendment and a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Small Business, Rural Community and Micro-Business Impact Analysis
William Treacy, Executive Director, has determined that the proposed amendment will not have an adverse economic effect on small businesses, rural communities or micro-businesses because the amendment does not impose any duties or obligations upon small businesses, rural communities or micro-businesses; therefore, an Economic Impact Statement and a Regulatory Flexibility Analysis are not required.
Government Growth Impact Statement
William Treacy, Executive Director, has determined that for the first five-year period the amendment is in effect, the proposed rule: does not create or eliminate a government program; does not create or eliminate employee positions; does not increase or decrease future legislative appropriations to the Board; does not increase or decrease fees paid to the Board; does not create a new regulation; limits the existing regulation; does not increase or decrease the number of individuals subject to the proposed rule's applicability; and does not positively or adversely affect the state's economy.
Takings Impact Assessment
No takings impact assessment is necessary because there is no proposed use of private real property as a result of the proposed rule revision.
The requirement related to a rule increasing costs to regulated persons does not apply to the Texas State Board of Public Accountancy because the rule is being proposed by a self-directed semi-independent agency. (§2001.0045(c)(8))
Public Comment
Written comments may be submitted to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 505 E. Huntland Dr., Suite 380, Austin, Texas 78752 or faxed to his attention at (512) 305-7854, no later than noon on November 2, 2026.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses. If the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; and finally, describe how the health, safety, environmental, and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
Statutory Authority
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code §901.151, which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§520.4.
(a) To receive funds:
(1) an undergraduate student majoring in accounting must be enrolled at least half-time at an approved institution in Texas that is participating in the scholarship program, and attending consecutive semesters or in the final semester of the degree; or
(2) a graduate student majoring in accounting must be enrolled at least half-time or in the final semester of the degree at an approved institution in Texas that is participating in the scholarship program.
(b) To receive funds, a student must:
(1) maintain satisfactory academic progress in the program of study as defined by the institution;
(2) have completed at least 15 semester hours of upper-level accounting coursework;
(3) sign a written statement confirming the intent to take the examination conducted by or pursuant to the authority of the board for the purpose of obtaining a certificate of certified public accountant in Texas;
(4)
Agree to repay to the board on demand all scholarship funds received if the student does not take at least one section of the exam within two (2) years after the board receives the student's application of intent. The executive director may extend the two (2) years for good cause. The two (2) year period applies to an application of intent received by the board on or after January 1, 2027. If a student's application of intent is received before that date, the student has three (3) years after the board receives the application of intent to take at least one section of the exam. The executive director may approve a repayment plan. [agree to pay on demand all scholarship funds received if the student does not take at least one part of the exam within three years of submitting the application of intent, unless the executive director grants an extension of the three-year requirement upon a showing of good cause;]
(5) agree that failure to comply with paragraph (4) of this subsection may cause the board to take measures necessary to enforce the repayment of the scholarship including bringing a civil suit in state district court;
(6) confirm that the applicant submitted an Application of Intent and has not met the educational requirements for certification in Texas;
(7) maintain a cumulative grade point average to receive student aid, as determined by the institution, that is equal to or greater than the grade point average required by the institution for graduation;
(8) be a resident of Texas; and
(9) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.
(c) In selecting recipients, the Program Officer shall consider at a minimum the following factors relating to each applicant:
(1) the applicant's financial need, which may be based on but not limited to the cost of the applicant attending school less Student Aid Index and any gift aid (an award may not exceed the applicant's need nor be less than the amount calculated in accordance with the formula provided institutions in the application instructions);
(2) scholastic ability and performance as measured by the student's cumulative college grade point average as determined by the institution in which the student is enrolled; and
(3) ethnic or racial minority status.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 17, 2026.
TRD-202604015
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 305-7848
22 TAC §520.5
The Texas State Board of Public Accountancy (Board) proposes an amendment to §520.5 concerning Award Amount and Uses for the Accounting Students Scholarship Program.
Background, Justification and Summary
The maximum period that an accounting student may be awarded a scholarship to financially assist the student to pursue the CPA credential is 36 months from the date of the initial scholarship award.
Fiscal Note
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment is in effect, there will be no additional estimated cost to the state, no estimated reduction in costs to the state and to local governments, and no estimated loss or increase in revenue to the state, as a result of enforcing or administering the amendment.
Public Benefit
The proposed revision is intended to clarify that an accounting student understands that there is a limited time period in which the student may be eligible for an accounting student scholarship.
Probable Economic Cost and Local Employment Impact
Mr. Treacy, Executive Director, has determined that there will be no probable economic cost to persons required to comply with the amendment and a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Small Business, Rural Community and Micro-Business Impact Analysis
William Treacy, Executive Director, has determined that the proposed amendment will not have an adverse economic effect on small businesses, rural communities or micro-businesses because the amendment does not impose any duties or obligations upon small businesses, rural communities or micro-businesses; therefore, an Economic Impact Statement and a Regulatory Flexibility Analysis are not required.
Government Growth Impact Statement
William Treacy, Executive Director, has determined that for the first five-year period the amendment is in effect, the proposed rule: does not create or eliminate a government program; does not create or eliminate employee positions; does not increase or decrease future legislative appropriations to the Board; does not increase or decrease fees paid to the Board; does not create a new regulation; limits the existing regulation; does not increase or decrease the number of individuals subject to the proposed rule's applicability; and does not positively or adversely affect the state's economy.
Takings Impact Assessment
No takings impact assessment is necessary because there is no proposed use of private real property as a result of the proposed rule revision.
The requirement related to a rule increasing costs to regulated persons does not apply to the Texas State Board of Public Accountancy because the rule is being proposed by a self-directed semi-independent agency. (§2001.0045(c)(8))
Public Comment
Written comments may be submitted to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 505 E. Huntland Dr., Suite 380, Austin, Texas 78752 or faxed to his attention at (512) 305-7854, no later than noon on November 2, 2026.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses. If the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; and finally, describe how the health, safety, environmental, and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
Statutory Authority
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code §901.151, which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§520.5.
(a) Funds awarded through this program may include any gifts, grants and donations of real or personal property from any entity, subject to limitations or conditions set by law, for the purposes of this chapter.
(b) Award Amount and Disbursements.
(1) The minimum and maximum annual award for a student through this program shall be an amount established by the board and announced to institutions in the allocation announcement sent out for the relevant year.
(2) An individual student's scholarship shall be paid out in the form of at least one disbursement per semester.
(c) No scholarship disbursed to a student shall be used for any purpose other than for meeting the cost of attending an approved institution.
(d)
A student may not be awarded school funds for a semester or term that begins more than the 36 months after the date of the student's initial award [The duration of the scholarship shall be a maximum of three years awarded by semester or term].
(e) At the time an award is made to a student, it shall not exceed the student's need.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 17, 2026.
TRD-202604016
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 305-7848
PART 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
CHAPTER 850. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
SUBCHAPTER
B.
The Texas Board of Professional Geoscientists (TBPG) proposes an amendment concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG proposes amendments to 22 TAC §850.62, regarding General Powers and Duties of the TBPG.
BACKGROUND, PURPOSE, AND SUMMARY OF CHANGES
TBPG has an ongoing process to review rules to simplify confusing language and correct rules that prevent efficiency. The proposed amendment(s) clarify language regarding the public practice of Geoscience in Texas. The proposed rule, if adopted, will make the rules easier to understand and help prevent confusion.
FISCAL NOTE - STATE AND LOCAL GOVERNMENT
Rene D. Truan, Executive Director of the Texas Board of Professional Geoscientists, has determined that for each fiscal year of the first five years the rule is in effect these proposals have no foreseeable implications relating to cost or revenues of the state or of local governments caused by enforcing or administering the proposed rules.
PUBLIC BENEFIT AND COST
Mr. Truan 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 section. The public benefit anticipated as a result of enforcing or administering the sections includes ensuring that TBPG rules are clear and consistent as they relate to geoscience licensure in Texas. There will be no anticipated economic cost to individuals who are required to comply with the proposed sections as this is a clarification of current rule language.
SMALL, MICRO-BUSINESS, LOCAL ECONOMY, AND RURAL COMMUNITIES ECONOMIC IMPACT ANALYSIS
Mr. Truan has determined that the proposed rule will not have an adverse effect on small businesses, micro-businesses, local economy, or rural communities. Consequently, neither an economic impact statement, a local employment impact statement, nor a regulatory flexibility analysis is required.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years that the rule would be in effect:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase or decrease in fees paid to the agency;
(5) the proposed rules do not create a new regulation;
(6) the proposed rules do not expand or repeal an existing regulation;
(7) the proposed rules do not increase or decrease the number of individuals that are subject to the rules' applicability; and
(8) the proposed rules do not positively or adversely affect this state's economy.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Mr. Truan has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely 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. Although 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 environment nor reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Truan has determined that the proposal 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, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing to Rene D. Truan, Executive Director, Texas Board of Professional Geoscientists, 1801 Congress, Suite 7.800, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to rtruan@tbpg.texas.gov. Please indicate "Comments on Proposed Rules" in the subject line of all e-mails submitted. Please submit comments within 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
This section is proposed under the Texas Geoscience Practice Act, Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules consistent with the Act as necessary for the performance of its duties; §1002.255, which authorizes the Board to establish license eligibility requirements, and §1002.259, which authorizes the Board to waive any requirement for licensure except for the payment of required fees.
This section affects the Texas Geoscience Practice Act, Occupations Code §§1002.151 and 1002.259.
§850.62.
(a)
A [Unless exempted by the Act, the TBPG ensures that a] person engaging in the public practice of geoscience must hold a license issued by the TBPG, unless exempted by the Act under Texas Occupations Code §1002.252. [may not engage in the public practice of geoscience unless the person holds a license issued by the TBPG.]
(b) - (c) (No change.)
(d)
A firm [Unless an exemption in the Act applies, the TBPG ensures that all Firms] offering to engage or engaging in the public practice of professional geoscience in Texas must be registered as a Geoscience Firm with the TBPG, unless exempted by the Act under Texas Occupations Code §1002.351(b) [are registered as a Geoscience Firm].
(e) - (g) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 15, 2026.
TRD-202603991
Katie Colby
Licensing Specialist, Administrative Team Lead
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 936-4428
CHAPTER 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES
SUBCHAPTER
A.
The Texas Board of Professional Geoscientists (TBPG) proposes an amendment concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG proposes amendments to 22 TAC §851.10(21), regarding Definitions.
BACKGROUND, PURPOSE, AND SUMMARY OF CHANGES
TBPG has an ongoing process to review rules to simplify confusing language and correct rules that prevent efficiency. The proposed amendment(s) clarify language regarding the public practice of Geoscience in Texas. The proposed rule, if adopted, will add additional subdivisions to the list of geoscience classifications.
FISCAL NOTE - STATE AND LOCAL GOVERNMENT
Rene D. Truan, Executive Director of the Texas Board of Professional Geoscientists, has determined that for each fiscal year of the first five years the rules are in effect these proposals have no foreseeable implications relating to cost or revenues of the state or of local governments caused by enforcing or administering the proposed rules.
PUBLIC BENEFIT AND COST
Mr. Truan 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 section. The public benefit anticipated as a result of enforcing or administering the sections includes ensuring that TBPG rules are clear and consistent as they relate to geoscience licensure in Texas. There will be no anticipated economic cost to individuals who are required to comply with the proposed sections as this is a clarification of current rule language.
SMALL, MICRO-BUSINESS, LOCAL ECONOMY, AND RURAL COMMUNITIES ECONOMIC IMPACT ANALYSIS
Mr. Truan has determined that the proposed rule will not have an adverse effect on small businesses, micro-businesses, local economy, or rural communities. Consequently, neither an economic impact statement, a local employment impact statement, nor a regulatory flexibility analysis is required.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years that the rule would be in effect:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase or decrease in fees paid to the agency;
(5) the proposed rules do not create a new regulation;
(6) the proposed rules do not expand or repeal an existing regulation;
(7) the proposed rules do not increase or decrease the number of individuals that are subject to the rules' applicability; and
(8) the proposed rules do not positively or adversely affect this state's economy.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Mr. Truan has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely 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. Although 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 environment nor reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Truan has determined that the proposal 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, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing to Rene D. Truan, Executive Director, Texas Board of Professional Geoscientists, 1801 Congress, Suite 7.800, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to rtruan@tbpg.texas.gov. Please indicate "Comments on Proposed Rules" in the subject line of all e-mails submitted. Please submit comments within 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
This section is proposed under the Texas Geoscience Practice Act, Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules consistent with the Act as necessary for the performance of its duties; §1002.255, which authorizes the Board to establish license eligibility requirements, and §1002.259, which authorizes the Board to waive any requirement for licensure except for the payment of required fees.
This section affects the Texas Geoscience Practice Act, Occupations Code §§1002.151 and 1002.259.
§851.10.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
(1) - (20) (No change.)
(21) Geology--The discipline of geoscience that addresses the science of the origin, composition, structure, and history of the Earth and its constituent soils, rocks, minerals, fossil fuels, solids, fluids and gases, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the Earth, and is applied with judgment to develop ways to utilize, economically, those natural and introduced agents, forces, and processes for the benefit of mankind. There are many subdivisions of geology, which include, but are not limited to, the following: historical geology, physical geology, economic geology, mineralogy, paleontology, structural geology, mining geology, petroleum geology, physiography, geomorphology, geochemistry, hydrogeology, hydrology, petrography, petrology, volcanology, stratigraphy, sedimentology, engineering geology, and environmental geology.
(22) - (44) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 15, 2026.
TRD-202603993
Katie Colby
Licensing Specialist, Administrative Team Lead
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 936-4428
SUBCHAPTER
B.
The Texas Board of Professional Geoscientists (TBPG) proposes an amendment concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG proposes amendments to 22 TAC §851.21, regarding Licensing Requirements - Examinations.
BACKGROUND, PURPOSE, AND SUMMARY OF CHANGES
TBPG has an ongoing process to review rules to simplify confusing language and correct rules that prevent efficiency. The proposed amendment(s) clarify language regarding the public practice of Geoscience in Texas. The proposed rule, if adopted, will make the rules easier to understand and help prevent confusion.
FISCAL NOTE - STATE AND LOCAL GOVERNMENT
Rene D. Truan, Executive Director of the Texas Board of Professional Geoscientists, has determined that for each fiscal year of the first five years the rules are in effect these proposals have no foreseeable implications relating to cost or revenues of the state or of local governments caused by enforcing or administering the proposed rules.
PUBLIC BENEFIT AND COST
Mr. Truan 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 section. The public benefit anticipated as a result of enforcing or administering the sections includes ensuring that TBPG rules are clear and consistent as they relate to geoscience licensure in Texas. There will be no anticipated economic cost to individuals who are required to comply with the proposed sections as this is a clarification of current rule language.
SMALL, MICRO-BUSINESS, LOCAL ECONOMY, AND RURAL COMMUNITIES ECONOMIC IMPACT ANALYSIS
Mr. Truan has determined that the proposed rule will not have an adverse effect on small businesses, micro-businesses, local economy, or rural communities. Consequently, neither an economic impact statement, a local employment impact statement, nor a regulatory flexibility analysis is required.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years that the rule would be in effect:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase or decrease in fees paid to the agency;
(5) the proposed rules do not create a new regulation;
(6) the proposed rules do not expand or repeal an existing regulation;
(7) the proposed rules do not increase or decrease the number of individuals that are subject to the rules' applicability; and
(8) the proposed rules do not positively or adversely affect this state's economy.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Mr. Truan has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely 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. Although 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 environment nor reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Truan has determined that the proposal 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, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing to Rene D. Truan, Executive Director, Texas Board of Professional Geoscientists, 1801 Congress, Suite 7.800, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to rtruan@tbpg.texas.gov. Please indicate "Comments on Proposed Rules" in the subject line of all e-mails submitted. Please submit comments within 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
This section is proposed under the Texas Geoscience Practice Act, Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules consistent with the Act as necessary for the performance of its duties; §1002.255, which authorizes the Board to establish license eligibility requirements, and §1002.259, which authorizes the Board to waive any requirement for licensure except for the payment of required fees.
This section affects the Texas Geoscience Practice Act, Occupations Code §§1002.151 and 1002.259.
§851.21.
(a) - (f) (No change.)
(g) Examination requirements and examination procedure: A qualified individual who has not passed qualifying licensing examination(s) may access and abide by all relevant components of one of the following procedures to sit for a qualifying examination(s) in the appropriate discipline:
(1) Licensure in the discipline of geology (part I)/ASBOG® Fundamentals of Geology examination:
(A)
Requirements: Completion of the education requirements set forth [qualifications for licensure as specified] in Texas Occupations Code §1002.255 and §851.25 [of this chapter] or currently enrolled in courses that meet the educational [a course of study that meets the education] requirements for licensure [and] within completion of the applicant's final two [regular] semesters of [completion of] the qualifying course of study.
(B) (No change.)
(2) - (4) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 15, 2026.
TRD-202603992
Katie Colby
Licensing Specialist, Administrative Team Lead
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 936-4428
22 TAC §851.24
The Texas Board of Professional Geoscientists (TBPG) proposes an amendment concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG proposes amendments to 22 TAC §851.24, regarding TBPG Recognition Programs.
BACKGROUND, PURPOSE, AND SUMMARY OF CHANGES
TBPG has an ongoing process to review rules to simplify confusing language and correct rules that prevent efficiency. The proposed amendment(s) clarify language regarding the public practice of Geoscience in Texas. The proposed rule, if adopted, will make the rules easier to understand and help prevent confusion.
FISCAL NOTE - STATE AND LOCAL GOVERNMENT
Rene D. Truan, Executive Director of the Texas Board of Professional Geoscientists, has determined that for each fiscal year of the first five years the rules are in effect these proposals have no foreseeable implications relating to cost or revenues of the state or of local governments caused by enforcing or administering the proposed rules.
PUBLIC BENEFIT AND COST
Mr. Truan 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 section. The public benefit anticipated as a result of enforcing or administering the sections includes ensuring that TBPG rules are clear and consistent as they relate to geoscience licensure in Texas. There will be no anticipated economic cost to individuals who are required to comply with the proposed sections as this is a clarification of current rule language.
SMALL, MICRO-BUSINESS, LOCAL ECONOMY, AND RURAL COMMUNITIES ECONOMIC IMPACT ANALYSIS
Mr. Truan has determined that the proposed rule will not have an adverse effect on small businesses, micro-businesses, local economy, or rural communities. Consequently, neither an economic impact statement, a local employment impact statement, nor a regulatory flexibility analysis is required.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years that the rule would be in effect:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase or decrease in fees paid to the agency;
(5) the proposed rules do not create a new regulation;
(6) the proposed rules do not expand or repeal an existing regulation;
(7) the proposed rules do not increase or decrease the number of individuals that are subject to the rules' applicability; and
(8) the proposed rules do not positively or adversely affect this state's economy.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Mr. Truan has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely 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. Although 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 environment nor reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Truan has determined that the proposal 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, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing to Rene D. Truan, Executive Director, Texas Board of Professional Geoscientists, 1801 Congress, Suite 7.800, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to rtruan@tbpg.texas.gov. Please indicate "Comments on Proposed Rules" in the subject line of all e-mails submitted. Please submit comments within 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
This section is proposed under the Texas Geoscience Practice Act, Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules consistent with the Act as necessary for the performance of its duties; §1002.255, which authorizes the Board to establish license eligibility requirements, and §1002.259, which authorizes the Board to waive any requirement for licensure except for the payment of required fees.
This section affects the Texas Geoscience Practice Act, Occupations Code §§1002.151 and 1002.259.
§851.24.
Recognition Programs are established by TBPG to recognize Texas Professional Geoscientists for their geoscience practice over time. TBPG may review and amend the requirements for these Programs. The qualifications and requirements for each of these programs are:
(1) (No change.)
(2) Emeritus Texas Professional Geoscientist.
(A)
Emeritus Texas Professional Geoscientist is an honorary designation for licensees who are retired, or intend to retire, from the public practice of geoscience and no longer practice in Texas. This designation may be granted by TBPG to recognize the licensee's extended [ex-tended] period of professional licensed geoscience practice in Texas. Active and retired licensees may apply for this designation.
(B) (No change.)
(C) The applicant must be an active Texas Professional Geoscientist in good standing at the time of application or qualify under the criteria listed in subparagraph (G) of this paragraph related to years of license expiration prior to permanent license expiration.
(D) - (I) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 15, 2026.
TRD-202603996
Katie Colby
Licensing Specialist, Administrative Team Lead
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 936-4428
22 TAC §851.25
The Texas Board of Professional Geoscientists (TBPG) proposes an amendment concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG proposes amendments to 22 TAC §851.25(a), regarding Education Requirements and Equivalents.
BACKGROUND, PURPOSE, AND SUMMARY OF CHANGES
TBPG has an ongoing process to review rules to simplify confusing language and correct rules that prevent efficiency. The proposed amendment(s) clarify language regarding the public practice of Geoscience in Texas. The proposed rule, if adopted, will make the rules easier to understand and help prevent confusion.
FISCAL NOTE - STATE AND LOCAL GOVERNMENT
Rene D. Truan, Executive Director of the Texas Board of Professional Geoscientists, has determined that for each fiscal year of the first five years the rule is in effect these proposals have no foreseeable implications relating to cost or revenues of the state or of local governments caused by enforcing or administering the proposed rule.
PUBLIC BENEFIT AND COST
Mr. Truan 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 section. The public benefit anticipated as a result of enforcing or administering the sections includes ensuring that TBPG rules are clear and consistent as they relate to geoscience licensure in Texas. There will be no anticipated economic cost to individuals who are required to comply with the proposed sections as this is a clarification of current rule language.
SMALL, MICRO-BUSINESS, LOCAL ECONOMY, AND RURAL COMMUNITIES ECONOMIC IMPACT ANALYSIS
Mr. Truan has determined that the proposed rule will not have an adverse effect on small businesses, micro-businesses, local economy, or rural communities. Consequently, neither an economic impact statement, a local employment impact statement, nor a regulatory flexibility analysis is required.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years that the rule would be in effect:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does not expand or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals that are subject to the rule’s applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Mr. Truan has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely 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. Although 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 environment nor reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Truan has determined that the proposal 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, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing to Rene D. Truan, Executive Director, Texas Board of Professional Geoscientists, 1801 Congress, Suite 7.800, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to rtruan@tbpg.texas.gov. Please indicate "Comments on Proposed Rules" in the subject line of all e-mails submitted. Please submit comments within 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
This section is proposed under the Texas Geoscience Practice Act, Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules consistent with the Act as necessary for the performance of its duties; §1002.255, which authorizes the Board to establish license eligibility requirements, and §1002.259, which authorizes the Board to waive any requirement for licensure except for the payment of required fees.
This section affects the Texas Geoscience Practice Act, Occupations Code §§1002.151 and 1002.259.
§851.25.
(a)
An applicant must have graduated from [a course of study] an accredited university with four years of study that [or program in one of the following disciplines of geoscience that consists of at least four years of study and] includes at least 30 semester hours or 45 quarter hours [of credit] in geoscience, of which [at least] 20 semester hours or 30 quarter hours of credit must be in [upper-level] college in that [courses in the] discipline:
(1) - (3) (No change.)
(b) - (h) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 15, 2026.
TRD-202603997
Katie Colby
Licensing Specialist, Administrative Team Lead
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 936-4428
SUBCHAPTER
D.
The Texas Board of Professional Geoscientists (TBPG) proposes an amendment concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG proposes amendments to 22 TAC §851.152(a), regarding Firm Compliance.
BACKGROUND, PURPOSE, AND SUMMARY OF CHANGES
TBPG has an ongoing process to review rules to simplify confusing language and correct rules that prevent efficiency. The proposed amendment(s) clarify language regarding the public practice of Geoscience in Texas. The proposed rule, if adopted, will clarify the designation of authority.
FISCAL NOTE - STATE AND LOCAL GOVERNMENT
Rene D. Truan, Executive Director of the Texas Board of Professional Geoscientists, has determined that for each fiscal year of the first five years the rules are in effect these proposals have no foreseeable implications relating to cost or revenues of the state or of local governments caused by enforcing or administering the proposed rules.
PUBLIC BENEFIT AND COST
Mr. Truan 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 section. The public benefit anticipated as a result of enforcing or administering the sections includes ensuring that TBPG rules are clear and consistent as they relate to geoscience licensure in Texas. There will be no anticipated economic cost to individuals who are required to comply with the proposed sections as this is a clarification of current rule language.
SMALL, MICRO-BUSINESS, LOCAL ECONOMY, AND RURAL COMMUNITIES ECONOMIC IMPACT ANALYSIS
Mr. Truan has determined that the proposed rule will not have an adverse effect on small businesses, micro-businesses, local economy, or rural communities. Consequently, neither an economic impact statement, a local employment impact statement, nor a regulatory flexibility analysis is required.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years that the rule would be in effect:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase or decrease in fees paid to the agency;
(5) the proposed rules do not create a new regulation;
(6) the proposed rules do not expand or repeal an existing regulation;
(7) the proposed rules do not increase or decrease the number of individuals that are subject to the rules' applicability; and
(8) the proposed rules do not positively or adversely affect this state's economy.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Mr. Truan has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely 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. Although 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 environment nor reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Truan has determined that the proposal 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, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing to Rene D. Truan, Executive Director, Texas Board of Professional Geoscientists, 1801 Congress, Suite 7.800, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to rtruan@tbpg.texas.gov. Please indicate "Comments on Proposed Rules" in the subject line of all e-mails submitted. Please submit comments within 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
This section is proposed under the Texas Geoscience Practice Act, Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules consistent with the Act as necessary for the performance of its duties; §1002.255, which authorizes the Board to establish license eligibility requirements, and §1002.259, which authorizes the Board to waive any requirement for licensure except for the payment of required fees.
This section affects the Texas Geoscience Practice Act, Occupations Code §§1002.151 and 1002.259.
§851.152.
(a) Unless registered with the TBPG or exempt from Firm registration requirements under TOC §1002.351(b), an individual, firm, or corporation may not represent to the public that the individual, firm, or corporation is a licensed geoscientist or able to perform geoscience services or prepare a geoscientific report, document, or other record that requires the seal of a Professional Geoscientist.
(b) - (d) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 15, 2026.
TRD-202603994
Katie Colby
Licensing Specialist, Administrative Team Lead
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 1, 2026
For further information, please call: (512) 936-4428