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
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 §851.22, regarding Waivers and Substitutions: Policy, Procedures, and Criteria.
BACKGROUND, PURPOSE, AND SUMMARY OF CHANGES
TBPG recently reviewed its waiver policy and is now proposing an amendment to allow an applicant for P.G. licensure who has taken and failed a qualifying licensing examination, after 5 years of failing the examination, to request a waiver for the specific examination that the applicant failed. The proposed rule, if adopted, would eliminate an unnecessary barrier to possible licensure. Under the current rule, an applicant who seeks to obtain a license without having to pass one or more licensing exams may be granted a waiver of one or more of those exams only if the applicant has never failed the exams. The proposed rule would 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.
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 section includes ensuring that TBPG rules are clear and consistent as they relate to geoscience licensure in Texas and as they relate to the examination requirements for licensure in all three disciplines: Geology, Geophysics, and Soil Science. There will be no anticipated economic cost to individuals who are required to comply with the proposed section.
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 but it does limit a current regulation in that it allows for people who previously would be unable to apply for an examination waiver to now be able to apply for such a waiver after five years;
(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.
§851.22.Waivers and Substitutions: Policy, Procedures, and Criteria.
(a) Introduction: The Texas Board of Professional Geoscientists is charged with the responsibility of issuing a license to engage in the public practice of geoscience in the state of Texas only to those individuals who meet the qualifications for licensure, as provided by Texas law. The successful completion of the required examination for the specific discipline is an essential element in the Professional Geoscientist licensure process. The Texas Geoscience Practice Act (TGPA) (Texas Occupations Code, Chapter 1002, §1002.259) provides that "Except for the payment of required fees, the board may waive any of the requirements for licensure by a two-thirds vote of the entire board if the applicant makes a written request and shows good cause and the board determines that the applicant is otherwise qualified for a license."
(1) An applicant for licensure as a Professional Geoscientist may request a waiver by submitting a copy of Form VI - "Request for Waiver of Licensing Requirement - Board Policy and Procedures," along with supporting documentation. Only an applicant for licensure may request a waiver. An applicant must have submitted a complete application, supporting documentation (such as transcripts and qualifying experience record), and applicable fees for a waiver request to be considered.
(2) Once a request for a waiver and all relevant documents and information supporting the request have been received, subject to scheduling logistics, the request will be placed on the next available meeting of the TBPG's Application Review and Continuing Education Committee.
(b) Guidance Policy: The following policy was developed by the TBPG Board and is intended to be guidance for the Application Review and Continuing Education Committee and the Board in consideration of a request for waiver. In accordance with TOC §1002.259, an approval of a waiver request requires a vote of two-thirds of the TBPG Appointed Board (6 affirmative votes), regardless of the number of Board members in attendance. A request for the substitution of experience for education (provided by TOC §1002.255(b)) requires a simple majority vote of a quorum of the TBPG Appointed Board to be approved.
(c) TBPG's Application Review and Continuing Education Committee Review: TBPG's Application Review and Continuing Education Committee will review the request and supporting documentation and recommend to the full TBPG Board to grant or not grant the requested waiver. An applicant should provide a written justification, along with supporting documentation. An applicant may also appear before the Committee and the full Board to provide testimony to support the request. All requests the Committee recommends for approval will be scheduled for review by the full Board. Requests the Committee does not recommend for approval will not be submitted to the full Board for review, unless the applicant requests review by the full Board.
(d) TBPG's Board Initial Review: TBPG Appointed Board will review requests the Committee recommends for approval and supporting documentation and will determine whether or not to approve the request (grant the requested waiver). An applicant whose request for a waiver or substitution was denied and who believes that there is additional information that was not available to the Board when it reviewed the request, may submit additional information to staff regarding the current application, along with a written request that the Board reconsider the request. If staff determines that new information has been submitted that may be relevant to the Board's review of an application/request, then staff will schedule the application/waiver request for reconsideration. In the review of a request to reconsider its decision on an application/waiver request, because new information has been submitted, the Board will first determine by a simple majority vote whether to reconsider the application/waiver request, based on whether relevant new information has been submitted. If the Board determines by vote that the new information warrants reconsideration of an application/waiver request, the Board will reconsider the waiver request, including all of the new information available at that time. An applicant may appear before the Board and present information related to the request. The Board will reconsider its decision on a waiver request only once.
(e) Examination Waiver Requirements and Criteria.
(1) For TBPG's Appointed Board to waive an examination, an applicant must:
(A) Meet all other qualifications for licensure (qualifying work experience, education, documentation relating to criminal, disciplinary, and civil litigation history);
(B) Meet the criteria in the policy for the specific examination that is the subject of the waiver request; and
(C) Have not failed the examination that is the subject of the waiver request in the last five years.
(2) Work experience an applicant submits pursuant to the following examination waiver policies must meet the criteria for qualifying work experience under TBPG rule §851.23 regarding qualifying experience record.
(3) ASBOG® Fundamentals of Geology Examination Waiver. An applicant must have acquired one of the following combinations of education and work experience:
(A) B.S. and 15 years qualifying work experience;
(B) M.S. and 13 years qualifying work experience; or
(C) Ph.D. and 10 years qualifying work experience.
(4) ASBOG® Practice of Geology Examination Waiver. An applicant must meet minimum criteria in either Generalized Practice Experience or Specialized Practice Experience.
(A) Generalized practice experience (must meet all four criteria):
(i) Completed twenty (20) years of geosciences work experience;
(ii) Completed ten (10) years of supervisory experience (three or more individuals under supervision);
(iii) Completed coursework in six of the eight following ASBOG® task domains:
(I) Field geology;
(II) Mineralogy, petrology, and geochemistry;
(III) Sedimentology, stratigraphy, and paleontology;
(IV) Geomorphology, surficial processes, and quaternary geology;
(V) Structure, tectonics, and seismology;
(VI) Hydrogeology;
(VII) Engineering geology; or
(VIII) Economic geology and energy resources; and[.]
(iv) Demonstrate the ability to plan and conduct geosciences investigations considering public health, safety, and welfare.
(B) Specialized practice experience: The applicant demonstrates twenty years or more of specialized work history in only one or two of the ASBOG® task domains. One factor TBPG will consider is whether the examination is not relevant to, or largely beyond the scope of, the applicant's specialized experience and the applicant's intended field of practice.
(5) Council of Soil Science Examination (CSSE) - Fundamentals of Soil Science Waiver. An applicant must have acquired one of the following combinations of education and work experience:
(A) B.S. and 15 years qualified work experience;
(B) M.S. and 13 years of qualified work experience; or
(C) Ph.D. and 10 years of qualified work experience.
(6) Council of Soil Science Examination (CSSE) - Professional Practice examination. An applicant must meet minimum criteria in either Generalized practice experience or Specialized practice experience:
(A) Generalized practice experience (must meet all four criteria):
(i) Completed twenty (20) years of soil science work experience;
(ii) Completed ten (10) years of supervisory experience;
(iii) Completed coursework in six of the eight following CSSE Professional Practice Performance Objective (PPPO) domains:
(I) Soil chemistry;
(II) Soil mineralogy;
(III) Soil fertility and nutrient management;
(IV) Soil physics;
(V) Soil genesis and classification;
(VI) Soil morphology;
(VII) Soil biology and soil ecology; or [and]
(VIII) Soil and land use management; and[.]
(iv) Demonstrate the ability to plan and conduct soil science investigations considering public health, safety, and welfare.
(B) Specialized practice experience: The applicant demonstrates twenty years or more of specialized work history in only one or two of the CSSE PPPO domains. One factor TBPG will consider is whether the examination is not relevant to, or largely beyond the scope of, the applicant's specialized experience and the applicant's intended field of practice.
(7) Texas Fundamentals of Geophysics Examination (TFGE). No waiver is available.
(8) Texas Geophysics Examination (TGE). An applicant must meet minimum criteria in either Generalized Practice Experience or Specialized Practice Experience.
(A) Generalized practice experience (must meet all four criteria):
(i) Completed twenty (20) years of geophysics work experience;
(ii) Completed ten (10) years of supervisory experience;
(iii) Completed coursework in six of the eight areas:
(I) Fundamentals of Geophysics;
(II) Geophysical Field Methods;
(III) Geophysical Signal Processing;
(IV) Exploration/Applied Geophysics;
(V) Engineering & Environmental Geophysics;
(VI) Hydrogeophysics;
(VII) Seismology; or [and]
(VIII) Near-surface Geophysics: Magnetics, Electromagnetic,
Gravity, Electrical Resistivity, Seismic; and[.]
(iv) Demonstrate the ability to plan and conduct geophysical surveys considering public health, safety, and welfare.
(B) Specialized practice experience: The applicant demonstrates twenty years or more of specialized work history in only one or two of the tasks domains. One factor TBPG will consider is whether the examination is not relevant to, or largely beyond the scope of, the applicant's specialized experience and the applicant's intended field of practice.
(f) Substitution of Work Experience for Educational Requirements. Before the Appointed Board considers an application for substitution of work experience for an education requirement, the applicant seeking approval of the substitution must meet all of the following minimum criteria:
(1) The applicant must pass, within three (3) attempts, the appropriate qualifying licensing examination (or a substantially similar examination), depending on the discipline in which the applicant seeks to be licensed, as follows:
(A) Geology discipline: both the Fundamentals and Practice of Geology examinations administered by ASBOG®;
(B) Geophysics discipline: the Texas Geophysics Examination (TGE); or
(C) Soil Science discipline: both the Fundamentals and Practice examinations administered by the Council of Soil Science Examiners (CSSE);
(2) The applicant must have at least 15 years of qualifying
work experience,[;] including the ability to
apply scientific methods and to solve problems;
(3) The applicant must demonstrate an established record of continuing education and workshop participation in geoscience fields; and
(4) The applicant is highly encouraged to appear before the Application Review and Continuing Education Committee for presentation of qualifications.
(g) Waiver of Education Requirement - Generally. Before the Appointed Board considers an application for education waiver, the applicant seeking a waiver of the education requirement must demonstrate mastery of a minimum required knowledge base in geoscience by meeting the following criteria:
(1) The applicant must demonstrate all [both
] of the following:
(A) A four-year degree in a field of basic or applied science that includes at least 15 hours of courses in geosciences from an accredited institution of higher education or the equivalent of a total of at least 15 hours of courses in geoscience from an accredited institution of higher education and/or other educational sources, as determined by the Appointed Board;
(B) An established record of continuing education and workshop participation in geoscience fields; and
(C) The Appointed Board may also determine that an individual applicant has satisfactorily completed other equivalent educational requirements after reviewing the applicant's educational credentials.
(2) The applicant must have at least eight years of qualifying geoscience work experience; and
(3) The applicant must pass the appropriate qualifying examination, depending on the discipline in which the applicant seeks to be licensed, as follows:
(A) Geology discipline: both the Fundamentals and Practice examinations administered by ASBOG®;
(B) Geophysics discipline: the Texas Geophysics Examination (TGE); or
(C) Soil Science discipline: both the Fundamentals and Practice examinations administered by the Council of Soil Science Examiners (CSSE).
(h) Education Waiver for License in Geology Discipline - Fundamentals. 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) Has submitted any other necessary forms, documents, and fees; and
(2) 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.
(i) Education Waiver for License in Geology Discipline - Practice. 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 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.
(j) Education Waiver for License in Geophysics Discipline. 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 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 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 October 2, 2023.
TRD-202303666
Rene Truan
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 12, 2023
For further information, please call: (512) 936-4428