The Wise Report
Henry M. Wise, P.G
March 13, 2011
The 2011 legislative session is heating up and the threat to the Texas Board of Professional Geoscientist is the greatest it's been since it's creation. The Governor's office appears to be trying hard to abolish the Texas Board of Professional Geoscientists, which was originally created under his administration at the request of the Geological Community. HB 2680 will abolish the TBPG and place geologists under the Texas Board of Professional Geoscientists. As is currently written, the TBPE will consist of six PEs, five PGs, and five Public. Note that we would not be on a par with the Engineers, and there would be no recognition of us in the name of the Board. Also, there is no provision for the Geoscientist in Training portion of our current rules and we'd have to follow the PE rules of ethics, rather than our own. Other provisions in our rules would also be dropped. A number of other questions remain. Will we still require the ASBOG exam? Will qualified geologists oversee any geological complaints to the Board? Most importantly, do we want to potentially be told how to perform geology by engineers? I don't know what the stand of the PE Board on any of this. In the past the PG and PE Boards have been friendly and cooperative, but I personnally don't believe that the PE Board really wants us under them.
Two other bills that require close attention are HB 2543 and HB 3166. These two bills combine several Boards, although the PG Board isn't included. However, there is potential that they could be ammended to include the PG Board.
I've been compiling a list of proposed bills that may be of interest to geologists. If you have any that I have missed, let me know and I'll include them. Filing of proposed bills has begun and here's the ones I'm currently watching. All new items or updates are in bold:
HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. Scheduled for public hearing on 3/9/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377
HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." Scheduled for public hearing on 3/9/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444
HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. Referred to State Affairs 2/28/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977
HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. Geologists aren't mentioned in this piece of legislation, but could eventually be. Referred to Licensing & Administrative Procedures 3/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164
HB-1302, by by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. Referred to Energy Resources 3/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302
HB-2067, by by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. Referred to Licensing & Administrative Proceedures 3/8/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067