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

1. The Texas Geoscience Practice Act How We Got Here & What to Expect by AIPG - Texas Section

2. 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

3. A Very Long Time Coming: • Five legislative sessions between 1993 and 2001. • Previous failures caused by • Internal disagreements • Power struggles • External opposition.

4. 2001 - United Geologists Front • AIPG-Texas Section • AEG-Texas Section • AAPG-Division of Professional Affairs • TAPG-Texas Association of Professional Geoscientists

5. Organizations Submitted ONE Bill • Senate Sponsors – Buster Brown, Lake Jackson; Jeff Wentworth, San Antonio • House Sponsor – Tony Goolsby, Dallas • Lobbyist – Billy Clayton

6. 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

7. 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

8. 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!!!

9. 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.

10. 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)

11. 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.)

12. 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

13. 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

14. How Many Will Grandfather? • An estimated 40 percent of the approximate 10,000 geologists in Texas • Probably 1,000 or more from other states

15. 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

16. 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

17. Reciprocity • The Board will negotiate reciprocity agreements with other states • Licensure does NOT guarantee reciprocity • Reciprocity generally requires licensure via examination

18. 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

19. 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.

20. 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

21. http://www.aipg-tx.org

22. AIPG in Texas - GeoForum

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