The Wise Report

Posted: November 23, 2015 in Uncategorized

Henry M. Wise, P.G.

November 21, 2015

 

The Texas Board of Professional Geoscientists (TBPG) is proposing rule amendments to Chapters 850and 851 concerning the licensure and regulation of Professional Geoscientists.  Many of the changes are for consistency and clarity.  The two documents containing these proposed changes can be found at: http://tbpg.state.tx.us/wp-content/uploads/2015/11/Ch850-TXRegIssue-11-27-15.pdf and http://tbpg.state.tx.us/wp-content/uploads/2015/11/Ch851-TXRegIssue-11-27-15-updated.pdf.

 

Comments on the proposed amendment may be submitted in writing to Charles Horton, Executive Director, Texas Board of Professional Geoscientists, 333 Guadalupe Street, Tower I-530, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to chorton@tbpg.state.tx.us.  Be sure to state which sections you’re commenting on in the subject line.

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The TBPG has approved Draft Advisory Opinion #13 regarding:.

 

Is Texas P.G. licensure and/or firm registration required if a P.G. licensed in another state physically moves his or her firm to Texas and engages in the following activities:

 

  1. Establishes a Texas LLC (is a Texas corp. for at least some tax purposes)
  2. Solicits and engages in work solely within his/her original state of practice and residence, except for the fact that the office-based portion of the work (report preparation, administration, etc) is done in the new Texas LLC’s office.
  3. Maintains current licensure in the original state
  4. The LLC advertises that services are offered only in the original state of licensure.

 

The draft opinion states, “If the firm solicits and engages in work solely within another state, except for the office-based portion of the work (report compilation, administration, etc.); maintains licensure in the other state; and the LLC advertises that services are offered only in the state of licensure, the firm is exempt from TBPG registration.”

 

You can submit written comments concerning this Advisory Opinion Request and Draft Opinion to: Charles Horton, TBPG Executive Director, P.O. Box 13225, Austin, Texas 78711, or by e-mail to chorton@tbpg.state.tx.us or by fax to (512) 936-4409.  Comments must be submitted no later than December 27, 2015.  Please reference Advisory Opinion Request #13.

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The TBPG has requested an opinion from the Texas Attorney General as to whether the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 to accept and place limits on the voluntary surrender of a license (RQ-0066-KP).  Some licensees have expressed a wish to surrender their respective licenses before the natural expiration date.  However, the Act is silent regarding a licensee’s authority to unilaterally terminate the license, before it is scheduled to expire, and accordingly does not provide a process for doing so.  The Act also is silent regarding the scop of the Board’s authority to accept a voluntary termination by surrender.

 

For more information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110. Briefs requested by December 7, 2015.

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The Railroad Commission of Texas proposes to amend §3.16, relating to Log and Completion or Plugging Report, to reflect changes in Texas Statutes relating to confidentiality of well logs, which were amended by Houst Bill 878 during the 2013 Legistative session.  For more information go to:  http://www.rrc.texas.gov/media/31172/prop-amend-3-16-well-log-confidentiality-nov2015-sig.pdf.

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The Railroad Commission of Texas adopts amendments to §12.108, relating to Permit Fees, without changes to the proposed text as published in the September 11, 2015, issue of the Texas Register (40 TexReg 6005).  The adopted amendments implement provisions of House Bill 1, 84th Texas Legislature (Regular Session, 2015), and, specifically, Article VI, Railroad Commission Rider 5, which requires the amounts appropriated from general revenue for state fiscal years 2016 and 2017 to cover the cost of permitting and inspecting coal mining operations. This appropriation is contingent upon the Commission assessing fees sufficient to generate, during the 2016-2017 biennium, revenue to cover the general revenue appropriations.  For more information go to:  http://www.sos.state.tx.us/texreg/archive/November202015/Adopted%20Rules/16.ECONOMIC%20REGULATION.html#105

 

Henry M. Wise, P.G.

The Wise Report

11/21/2015

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