| (a) Purpose. The purpose of this Memorandum of Agreement
(MOA) is to coordinate the respective responsibilities and duties
of TBPG and TWDB in the regulation of professional geoscience in accordance
with the Texas Occupations Code, Chapter 1002 (the Texas Geoscience
Practice Act or TGPA). Senate Bill (SB) 138, which was passed by the
83rd Texas Legislature and signed by Governor Rick Perry, amended
the TGPA. The legislation, which became effective September 1, 2013,
requires the TBPG to identify relevant state agencies and educate
the identified agencies' staff on how to file a complaint with the
TBPG and how the TBPG resolves a complaint. Under the provisions of
SB 138, a state agency that becomes aware of a potential violation
of the TGPA or rules of the TBPG is required to forward the information
to the TBPG. The intent of this MOA is to implement SB 138 and otherwise
to protect the public from adverse environmental impacts that could
result from the improper public practice of geoscience associated
with activities regulated by the TWDB.
(b) Definitions. The words and terms used in this MOA
shall have the same meaning as defined in the Texas Geoscience Practice
Act and associated rules passed by the TBPG at Title 22, Part 39,
Chapter 850 and Chapter 851 of the Texas Administrative Code unless
the context clearly indicates otherwise.
(c) General Jurisdiction.
(1) TWDB jurisdiction. The TWDB is the state agency
with primary responsibility for water planning and administering water
financing for the state as per Section 6.06, Texas Water Code.
(2) The TBPG is the state agency with regulatory jurisdiction
over the public practice of professional geoscience authorized by
the TGPA. The TBPG licenses Professional Geoscientists, registers
Geoscience Firms, and certifies Geoscientists-in-Training. The TBPG's
mission is to protect public health, safety, welfare and the state's
natural resources by ensuring that only qualified persons carry out
the public practice of geoscience and enforcing the Code of Professional
Conduct the Board has established for its licensees. TBPG has the
authority to adopt and enforce rules consistent with TGPA relating
to Geoscientists, and necessary for the performance of its duties.
These TBPG rules are identified in Title 22, Part 39, Chapter 850
and Chapter 851 of the Texas Administrative Code (TAC).
(3) The TWDB is an agency identified by the TBPG under
the Texas Geoscience Practice Act, Section 1002.206
(d) Coordination of Activities. The TBPG and the TWDB
agree to coordinate with each other in the following activities:
(1) The TBPG agrees to educate TWDB employees regarding
the procedures by which complaints are filed with and resolved by
the TBPG.
(2) The TWDB agrees to consult with the TBPG on issues
that involve the public practice of professional geoscience in connection
with activities under the jurisdiction or review of the TWDB.
(3) The TBPG agrees to consult with the TWDB on issues
that involve the TWDB in connection with activities under the jurisdiction
or review of the TBPG.
(4) The TBPG and the TWDB agree to designate a liaison
or representative to facilitate communication and coordination between
the TWDB and the TBPG.
(5) The TBPG and the TWDB agree to have agency representatives
meet bi-annually, or as needed, to encourage increased communication
between the agencies and discuss possible changes to this MOA as needed.
(e) Coordination of Complaints/Coordination of Information.
(1) Upon the identification by the TWDB of a potential
violation of the TGPA or a rule adopted by the TBPG, the TWDB agrees
to forward any information related to the potential violation and
any subsequently obtained information to the TBPG.
(2) As provided in Texas Administrative Code §851.57,
the TWDB will forward information relating to a potential violation
to the TBPG by filing a formal complaint or providing information
to TBPG on a prescribed form. The TWDB is responsible for informing
the TBPG of any confidentiality provisions that apply to information
and documents it forwards to the TBPG.
(3) The TBPG is responsible for taking appropriate
actions, including consulting with TWDB as needed to ensure any applicable
confidentiality provisions are maintained.
(4) Upon the identification by the TBPG of a potential
issue of concern to TWDB, the TBPG agrees to forward any information
related to the potential concern to the TWDB.
(5) When deemed appropriate by both agencies, the TWDB
and the TBPG may cooperate on enforcement actions. Each agency shall
retain the authority to undertake separate enforcement or legal actions.
(f) Miscellaneous.
(1) Nothing in this MOA shall be construed to reduce
the statutory jurisdiction of either agency.
(2) Agency representatives shall meet bi-annually,
or as needed, to discuss coordination of complaints under paragraph
(c) of this MOA, to discuss possible changes in this MOA, to encourage
increased communication between the agencies, and to increase public
protection through effective use of the public protection mechanism
of professional geoscience licensure and regulation.
(3) If any provision of this MOA is held to be invalid,
the remaining provisions shall not be affected thereby.
(g) This MOA will take effect upon approval by both
agency Executive Directors. This MOA will remain in effect until rescinded
by either agency by board or commission action taken in accordance
with the terminating agency’s procedures. Dated: June 13, 2014.
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