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TEXAS LICENSURE
The Texas Board of Professional Geoscientists has a web site that will answer most questions concerning licensing Professional Geoscientists in Texas: http://www.tbpg.state.tx.us/
New Rules Affecting Licensed Geoscientists Published by TCEQ:
Notice: Adopted Rules Published August 22, 2003: 28 TexReg pp. 6890-6937. See PDF File ( here), involving:
Title 30. Environmental Quality; Part 1. TCEQ Chapter 330: Municipal Solid Waste Chapter 335: Industrial Solid Waste & Municipal Hazardous Waste
Chapter 350: Texas Risk Reduction Program
What is and why Geoscientist Licensure?
Licensure is a means to protect the public from unqualified and unethical practitioners and to help assure that geoscience is practiced only by those who have the education and experience necessary to do the work properly. Licensing places a degree of legal accountability on those who engage in the public practice of geoscience. Legislation established the licensure program and defined the basic experience and educational requirements that all licensees must meet. The legislation also allows for civil penalties for violations of the licensing act.
How was Geoscientist Licensure established in Texas?
The Texas Geoscience Practice Act (the Act) was enacted in May 2001 upon passage of SB-405 by the 77th Texas Legislature. SB-405 was developed by a coalition of Texas geoscientists, primarily from the environmental, ground-water resources, mining and engineering practice areas. Geoscientists from State agencies and from the oil and gas industry also contributed to the crafting of the Act.
How will the Act be Administered and Enforced?
The Act established the Texas Board of Professional Geoscientists (TBPG; the Board), which is tasked with administering and enforcing the Act. The Board consists of six geoscientists and three members of the public, all appointed by the Governor. The Board has developed administrative and licensing rules (22TAC§§851) to implement the Act.
Provided by the Texas Board of Professional Geoscientists
The Board's website is at: www.tbpg.state.tx.us. Its mailing address and phone numbers are:
TBPG
P.O. Box 13225
Austin, TX 78711-3225
Phone: 800.803.9202
Phone: 512.463.9599
Fax: 512.475.2871
Who must be Licensed to Practice Geoscience in Texas?
Any individual practicing geoscience before the public, including State and local government employees, or anyone holding themselves out to be a geoscientist, must be licensed. Practicing means taking responsible charge of a geoscientific work product. In addition, firms or corporations who engage in the public practice of geoscience must have their geoscientific work performed by or under the supervision of a licensed geoscientist who is responsible for such work.
Are there any Geoscience Practice Areas Exempt from Licensure?
Geoscientific work exempt from licensure includes: work by a subordinate to a licensee if the subordinate does not bear final responsibility for the work; work by an employee or agent of the Federal government acting in their capacity as an employee or agent; work performed to explore for and develop energy and mineral resources, IF the work is done in and for the benefit of private industry; most academic, governmental, and institutional research; teaching of geoscience; and, geoscientific work customarily performed INCIDENTAL to the work of other professions, such as archaeology, geography, oceanography, cartography, etc.
If I work Exclusively in Exploring for and Developing Oil, Gas, or other Energy Resources, do I need to Obtain a License to Continue to Practice?
No, provided the work is only done in and for the benefit of private industry. However, if the work is for a governmental entity in this State, or to comply with a rule established by this State or a political subdivision of this State, you may be required to obtain a license to practice.
What Areas of Geoscience Practice are Subject to Licensure?
By rule, the Board has recognized three geoscience disciplines subject to licensure. These disciplines are: geology, geophysics, and soil science. Geology includes, but is not limited to, such sub-disciplines as: hydrogeology, engineering geology, and environmental geology. License applicants must select one discipline in which to be licensed; however, licensees can practice in any of the recognized disciplines.
What are the Key Dates in the Implementation of the Licensure Program?
- September 1, 2001: The Act takes effect.
- October 31, 2002: License application forms available from the Board.
- August 31, 2003: Last day for receipt, by the Board, of license applications under the "grandfathering" provision. For applications received after this date, applicants are required to take a discipline-specific examination, administered by the Board.
- September 1, 2003: License required to practice on and after this date.
What are the Requirements and Eligibility Criteria for Licensure?
- Application form with personal information and summaries of education and relevant work experience.
- Five or more reference letters, with at least three from qualified geoscientists or other board-acceptable professionals, personally familiar with the applicant's relevant work experience.
- The application and first-year license fee, currently set by the Board at $200.
- Graduation from a course of study in one of the Board-recognized geoscience disciplines, with at least 30 semester or 45 quarter credit hours in geoscience. At least 2/3 of these credit hours must be in upper division courses. The Board may accept qualifying work experience in lieu of the formal education requirements.
- Have a minimum of five, documentable years of qualifying work experience, acquired after award of an undergraduate geoscience degree and under the supervision of a licensed or qualified geoscientist(s) or other professionals acceptable to the Board. Full-time graduate study in a geoscience discipline may qualify for up to two years of work experience credit.
- University-level research in and/or teaching of a geoscience discipline may, at the Board's discretion, qualify as work experience.
- Pass an exam administered by the Board on the fundamentals and practice of the applicable geoscience discipline. The exam is waived for applicants who qualify for "grandfather" licensing.
- Other requirements that the Board may adopt by Rule.
- When and Where will Forms and Information for Licensure be Available?
- The Board has made license information and application forms available for distribution since Oct. 31, 2002. These are downloadable from the Board's website or can be ordered from the Board, at the addresses cited above.
Can the Board Waive any or all of the License Eligibility Requirements?
The Board is authorized by the Act to waive any of the eligibility requirements, except the payment of fees. It is the responsibility of an applicant seeking eligibility requirement waivers to demonstrate, to the Board's satisfaction, justification for such waivers and their qualifications for licensure.
Does the Act have a "License by Grandfathering" provision?
An applicant can be granted a "grandfather" license if they meet ALL of the eligibility requirements, short of taking the exam, AND the Board receives their application by August 31, 2003. After this date all applicants will be required to take a discipline-specific exam.
Do I need to ask for a Waiver of Requirements if Applying under the Grandfathering Provision?
No. License by grandfathering and waiver of licensing requirements are separate issues. The previous FAQ spells out the grandfathering criteria, which apply uniformly to ALL applicants. Waivers of licensing requirements are granted by the Board, on a case-by-case basis, with the individual applicant being responsible for requesting and justifying the waiver (see Section 6.09 of the Act).
Does the Board have Reciprocal License Arrangements with Other States?
The Act authorizes the Board to enter into reciprocity or comity agreements (mutual recognition of licenses or state-sanctioned professional registrations between states) with other states that regulate the practice of geoscience. The Board will probably not have negotiated any such agreements before 2004.
Do Geoscience Licenses/Registrations from other States, Professional Society Certifications, or State Agency-Granted Certifications (e.g: TCEQ's CAPM Certification) Count Towards License Eligibility?
Not directly. However, applicants are requested to cite such licenses, registrations, and certifications in their application as further evidence of their overall qualifications.
Will Continuing Education be a Requirement for License Renewal?
The Act allows the Board to adopt a requirement of continuing education for license renewal. The Board has neither adopted a continuing education requirement nor established the number, or scope of continuing education (CE) credits to date.
What is the Term of a License and What are the License Renewal requirements?
A license is valid for a period of one year. A license can be renewed by: 1) filing a renewal application, 2) paying the renewal fee (currently set at $150; may be reduced based on number of licensees), and 3) meeting other renewal requirements that the Board may establish (such as continuing education).
If you have further questions about the Texas geoscientists licensure program, please refer to the Act and rules. Inquiries can also be made via email to the Board at geoscientists@tbpg.state.tx.us or by calling or writing the Board at the address and numbers cited above. In addition, the Board maintains an informational mailing list to which you can subscribe via the Board's website.
If anyone would like to have a presentation made to a grouping of geoscientists in your area, either at a company, university, or other location where interested geoscientists are present, please contact one of the following presentors to arrange for a presentation in your area:
Austin, TX
Bruce Darling, Ph.D., P.G. - BDarling@lbg-guyton.com
Jim Shotwell, P.G.- Jim.Shotwell@rmtinc.com
John Mikels, P.G. - geos-jkm@swbell.net
Jim Sansom, P.G. - jwsansom@mindspring.com
Eric Muehlberger, P.G. - emuehlberger@appliedearth.com
College Station, TX
Chris Mathewson, Ph.D., P.E., P.G. - mathewson@geo.tamu.edu
Dallas, TX
Kevin Coleman, P.G. - wkc@birch.net
Houston, TX
Dave Rensink, P.G. - dave.rensink@usa.apachecorp.com
Michael D. Campbell, P.G., P.H. - mdc@mdcampbell.com
San Antonio, TX
Ed Miller, P.G. - Egmsat@cs.com
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