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The Texas Geoscience Practice Act How We Got Here & What to Expect. by AIPG - Texas Section. States Regulating the Public Practice of Geology – as of September 2001. Statutory Definition: CO, OK - Title Act: AK, IN, TN, VA - Practice Act: TX + 23 other states. A Very Long Time Coming:.

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states regulating the public practice of geology as of september 2001
States Regulating the Public Practiceof Geology – as of September 2001

Statutory Definition: CO, OK - Title Act: AK, IN, TN, VA - Practice Act: TX + 23 other states

a very long time coming
A Very Long Time Coming:
  • Five legislative sessions between 1993 and 2001.
  • Previous failures caused by
    • Internal disagreements
    • Power struggles
    • External opposition.
2001 united geologists front
2001 - United Geologists Front
  • AIPG-Texas Section
  • AEG-Texas Section
  • AAPG-Division of Professional Affairs
  • TAPG-Texas Association of Professional Geoscientists
organizations submitted one bill
Organizations Submitted ONE Bill
  • Senate Sponsors – Buster Brown, Lake Jackson; Jeff Wentworth, San Antonio
  • House Sponsor – Tony Goolsby, Dallas
  • Lobbyist – Billy Clayton
strategies for success
Strategies For Success
  • Write to ALL legislators
  • Meet with key legislators
  • Testify at conference committee hearings
  • Disseminate internally produced publication on the need for and value of licensure
  • Negotiate bill language acceptable to past and potential opponents
senate bill 405 77th session
Senate Bill 405 (77th Session)
  • Filed on January 25th, 2001
  • First reading in Senate on January 29th
  • Passed by the Senate on February 22nd
  • First reading in House on February 27th
  • Passed by the House on April 26th
  • Signed by Governor Perry on May 11th
  • Act in Effect on September 1st, 2001
what is licensure
What is Licensure?
  • A means of assigning legal responsibility to professionals whose work involves matters of public health, safety, and welfare.
  • Engineers, Attorneys, Architects, Surveyors, Geologists, etc.
  • A Jobs Act? NO!!!
what does the texas act do
What Does the Texas Act Do?
  • Limits the public practice of geoscienceto professionals who meet educational and experience requirements.
  • Assigns penalties to unlicensed practitioners and malpractitioners.
  • Assures some safeguards to Texans employing or affected by the practitioners.
requirements for licensure
Requirements for Licensure
  • Degree in a Board-recognized geoscience discipline with a minimum of 30 semester hrs or 45 quarter hrs in the discipline, including 20 semester hrs or 30 quarter hrs of upper division credits.
  • Satisfactory completion of other educational requirements determined by the Board
  • Five years of qualifying experience. Can include up to two years of fulltime graduate study in a recognized geoscience discipline.
  • Professional references.
  • Examination (possibly ASBOG exam)
are there any exemptions
Are There Any Exemptions?
  • Geologists in Universities and Academic Research
  • Employees of the Federal Government (e.g., USGS, Bureau of Reclamation)
  • Oil and Gas, and Mining Geologists
  • Geologic work by subordinate to responsible license holder
  • Incidental geoscience work in other disciplines (archeology, geography, etc.)
grandfathering provision
Grandfathering Provision
  • All geoscientists, in Board-recognized disciplines, with required education and experience as specified by the Board
  • Submit application requesting licensure under grandfather provision
  • Pay required application fee and annual licensure fee
  • Grandfathering “window” closes 8/31/03
after grandfathering period
After Grandfathering Period?
  • Meet education & experience requirements and pass the required examination

OR

  • Board may waive ALL requirements, except fee payment, and grant license IF acceptable qualifications demonstrated and good cause shown
how many will grandfather
How Many Will Grandfather?
  • An estimated 40 percent of the approximate 10,000 geologists in Texas
  • Probably 1,000 or more from other states
when will licenses be issued
When Will Licenses Be Issued?
  • Must establish the Texas Board of Professional Geoscientists (gubernatorial appointments)
    • 6 license-eligible geoscientists (initial Board)
    • 3 representatives of the public
    • Appointments by November 1, 2001
  • Board must develop rules
  • Rules must be reviewed and adopted by 9/1/02
  • First licenses issued after 9/1/02
board tasks
Board Tasks
  • Hire Executive Director
  • Oversee development of admin. structure
  • Draft, hold hearings on, and finalize rules
  • Determine recognized disciplines*
  • Oversee application review process
  • Establish fees
  • Develop/adopt exams and grading standards

*Disciplines or specialties (e.g: hydrogeology, engineering geology, geophysics, etc.), such as recognized in CA, NE, OR

reciprocity
Reciprocity
  • The Board will negotiate reciprocity agreements with other states
    • Licensure does NOT guarantee reciprocity
  • Reciprocity generally requires licensure via examination
key dates
Key Dates
  • Act in effect - 9/1/01
  • Board appointed by - 11/1/01
  • First Board meeting by - 1/1/02
  • Board adopts rules by - 9/1/02
  • License required after - 8/31/03
  • Grandfathering period - 9/1/02 to 8/31/03
initial board members as of 11 19 01
Initial Board Members (as of 11/19/01)
  • GEOSCIENTIST MEMBERS (6)
    • Sheila Hall; Lubbock; SW Geologic & Engineering Services; Environmental Geology; BS, UT-Austin; 2/1/07
    • Murray Milford, Ph.D.; College Station; TAMU Faculty (retired); Soil Science; Ph.D., Univ. of Wisconsin 2/1/07
    • Kevin Coleman; Dallas; Reed Engineering; Engineering & Environmental Geology; MS, TX A&M; 2/1/05
    • Ed Miller; San Antonio; Pape-Dawson Engineers; Engineering Geology & Hydrogeology; BS, TX A&M; 2/1/05
    • Kelly Krenz Doe; Friendswood; Turner, Collie & Braden; Geology & Geophysics; MS, Northern Illinois Univ; 2/1/03
    • Gordon Ware; Corpus Christi; Reiss Remediation/Koch Industries; Environmental Geology; BA, Abilene Christian Univ; 2/1/03
  • PUBLIC MEMBERS (3)
    • René Peña; El Paso; CPA; BA, UTEP; 2/1/03
    • Kimberley Robinson; Houston; Attorney; LLD, TX Southern Univ; 2/1/05
    • Other-TBA

Note: Term-expiration dates are shown after educational info.

how to obtain information on geological licensure
HOW TO OBTAIN INFORMATION ON GEOLOGICAL LICENSURE
  • Texas Professional Geologists Board: Should have web site up by mid-2002
  • ASBOG (info on all states w/links to individual states: www.asbog.org
  • AEG-Texas website:www.aegtexas.org
  • AIPG-Texas website: www.aipg-tx.orgSee Web Site Home Page Also See Web Site GeoForum Page
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