HGS Texas Registration Update

Now that geoscience licensing is the law in Texas, how does this affect me and what do I do about it? If you are a petroleum geologist, the law has little impact on you. You are exempt if your work is done “in and for the benefit of private industry”. As a petroleum geologist, you would need a license if you have a contract to do a resource assessment or a similar project with a governmental agency. A petroleum geologist who is active in expert testimony is exempt from licensing under the law. You do not need a license to testify in a court of law or before any tribunal, but it may be beneficial as an easy way to establish credibility. You also do not need a license if you teach geoscience or are engaged in research in the geosciences. The same exemption that applies to a petroleum geologist also applies to a mining geologist. In addition, you are exempt if you work for the federal government, do not engage in the public practice of geoscience, do geoscience type work for archaeological purposes, or are certified by the TNRCC as a sewage disposal system installer.
So who does need a license? You need a license if you “practice for the public”. This “means providing professional geoscience services: (i) for a governmental entity in this state; (ii) to comply with a rule established by this state or a political subdivision of this state; or (iii) for the public or a firm or corporation in this state if the practitioner assumes the ultimate liability for the work product...”. In fact, you need a license only if you are in responsible charge of the work. If you are working under the direction of another geoscientist, you do not need a license, but that individual does need a license. If you work for a corporation, that provides geoscience services to the public, only one principal of the company needs to be licensed, but that person must be in responsible charge of the projects.
To be eligible for a license, the applicant must be of good moral and ethical character, have graduated in a discipline of geoscience satisfactory to the board that includes at least 30 semester hours or 45 quarter hours in geoscience, of which at least 20 semester hours or 30 quarter hours must be in upper level courses, and have at least five years of qualifying work experience. The board may accept other educational qualifications and may accept qualifying work experience in lieu of the educational requirements. This means if you have a degree in math or physics and have been practicing as a geoscientist, the board could accept that in lieu of a degree in geoscience. On a two-thirds vote of the entire board, it can waive any of the requirements for a license, except for the payment of the required fees.
The immediate timetable requires the governor to appoint a board of nine members (six geoscientists and three public members) by November 1, 2001. The new board must hold its first meeting by January 1, 2002, and the board must adopt the rules that will provide for the administration of the Act by September 1, 2002. Thus applications for a license will probably not be available until September 1, 2002. A license is not required until September 1, 2003. A person who has been engaged in the public practice of geoscience and has applied for a license prior to September 1, 2003, may continue to practice while the board considers that application. The year between September 1, 2002, and September 1, 2003 is the grandfathering period. During this period, anyone who meets the requirements may be granted a license without the need to pass an examination. Anyone who applies for a license after September 1, 2003, must pass an exam.
“How much is this going to cost?” At this point, no one knows, but it should be comparable to other professional licenses in Texas. The board will set the fee at a level that will cover the cost to administer the Act; therefore it is a function of the annual cost and the number of license holders. The board cannot run at a financial deficit.
A license holder will be called a “Licensed Professional Geoscientist”, but the license and seal will bear the discipline of the license holder. However, the Act does not prevent the cross discipline practice of geoscience. A license holder will be expected to adhere to a code of ethics, which will be established by the board. Part of this code of ethics is likely to stipulate that a license holder may practice only in areas of personal professional expertise.
If you are certified by the DPA of AAPG, AIPG, SIPES or a similar organization, you can continue to use that designation without holding a license as long as you do not use it in a manner that would imply that you are licensed by the state of Texas.
The Act does not authorize the practice of engineering or professional surveying by a license holder. It allows an engineer whose practice is both geoscience and engineering to practice under an engineering license without the need to be licensed as a geoscientist.
The board will also establish reciprocity agreements with other states, which have substantially the same licensing requirements as Texas. This will eliminate the need to maintain multiple state licenses.
The Act contains a long list of reasons why the board may deny the issuance or renewal of a license, and the grounds for disciplinary action. These reasons include fraud, deceit, incompetence, misconduct, gross negligence, conviction of a felony, practicing geoscience before the public without a license, using the seal of another license holder, or allowing another person to use your seal. A full list and the appellate procedures are included in the Act.
You can obtain a copy of the Act from the Texas legislative Web site ( www.capitol.state.tx.gov ) by referencing SB 405 of the 77th Legislature.