TITLE 22. EXAMINING BOARDS

PART 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

CHAPTER 850. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

SUBCHAPTER E. PROCUREMENT AND PROCUREMENT BID PROTEST PROCEDURES

22 TAC §850.221

The Texas Board of Professional Geoscientists (TBPG) adopts new Subchapter E and new rule §850.221 Procurement and Procurement Bid Protest Procedures to 22 Texas Administrative Code Chapter 850. This new rule is adopted as published in the October 20, 2023, issue of the Texas Register (48 TexReg 6170) and will not be republished.

The adopted new Subchapter E and new rule §850.221 align with Texas Government Code §2155.076, each state agency, by rule, "shall develop and adopt protest procedures for resolving vendor protests relating to purchasing issues. An agency's rules must be consistent with the [Comptroller's] rules."

No public comments were received regarding the proposal.

This section is adopted under the Texas Geoscience Practice Act, Texas 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. The rule is adopted pursuant to Texas Government Code section 2155.075, which requires the agency to adopt rules relating to bid protest procedures in purchasing.

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 4, 2023.

TRD-202304478

Rene Truan

Executive Director

Texas Board of Professional Geoscientists

Effective date: December 24, 2023

Proposal publication date: October 20, 2023

For further information, please call: (512) 936-4428


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

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

22 TAC §851.22

The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to 22 TAC §851.22 Waivers and Substitutions: Policy, Procedures, and Criteria. This amendment is adopted as published in the October 13, 2023, issue of the Texas Register (48 TexReg 5949) and will not be republished.

The adopted amendment to 22 TAC §851.22 would eliminate an unnecessary barrier to possible licensure. The adopted amendment would also allow the person who failed an exam to apply for a waiver of the exam after five years have passed since the applicant last failed the exam. Five years offers an applicant sufficient time to gain further education and experience that would possibly qualify the person to become licensed without the need to take the exam the applicant previously failed.

No public comments were received regarding the proposal.

This amendment is authorized by the Texas Geoscience Practice Act, Texas 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 §1002.259, which authorizes the Board to waive any requirement for licensure except for the payment of required fees.

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 4, 2023.

TRD-202304476

Rene Truan

Executive Director

Texas Board of Professional Geoscientists

Effective date: December 24, 2023

Proposal publication date: October 13, 2023

For further information, please call: (512) 936-4428