the texas geoscience practice act how we got here & what to expect

The Texas Geoscience Practice Act How We Got Here & What to Expect

by AIPG - Texas Section

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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

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A Very Long Time Coming:

• Five legislative sessions between 1993 and 2001.

• Previous failures caused by– Internal disagreements– Power struggles– External opposition.

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2001 - United Geologists Front

• AIPG-Texas Section

• AEG-Texas Section

• AAPG-Division of Professional Affairs

• TAPG-Texas Association of Professional Geoscientists

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Organizations Submitted ONE Bill

• Senate Sponsors – Buster Brown, Lake Jackson; Jeff Wentworth, San Antonio

• House Sponsor – Tony Goolsby, Dallas

• Lobbyist – Billy Clayton

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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

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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

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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!!!

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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.

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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)

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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.)

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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

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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

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How Many Will Grandfather?

• An estimated 40 percent of the approximate 10,000 geologists in Texas

• Probably 1,000 or more from other states

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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

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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

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Reciprocity

• The Board will negotiate reciprocity agreements with other states– Licensure does NOT guarantee

reciprocity• Reciprocity generally requires licensure

via examination

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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

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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.

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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.org

See Web Site Home Page Also See Web Site GeoForum Page

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http://www.aipg-tx.org

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AIPG in Texas - GeoForum

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Web Resources Portalhttp://www.ela-iet.com/resources/