| (a) The purpose of the Professional Geoscientist's
seal is to show that professional geoscience services were performed
by a qualified licensed Professional Geoscientist and to identify
the Professional Geoscientist who performed the geoscience services.
(b) The Professional Geoscientist seal shall be of
the design shown in this subsection. Physical seals of two different
sizes will be acceptable: a pocket seal (the size commercially designated
as 1-5/8-inch seal) or desk seal (commercially designated as a two-inch
seal). Electronically or digitally-applied seals may be of a reduced
size provided that the Professional Geoscientist's full name and license
number are clearly legible. The Professional Geoscientist's name on
the seal shall be the same name on the license certificate issued
by the TBPG.
Attached Graphic
(c) A Professional Geoscientist shall seal only documents
that contain geoscience services performed by or under the Professional
Geoscientist's direct supervision. Upon sealing, the Professional
Geoscientist takes full professional responsibility for geoscience
services that are provided through the sealed document.
(d) It shall be misconduct to knowingly sign or seal
any geoscience document if its use or implementation may endanger
the public health, safety, and welfare.
(e) It shall be unlawful for a license holder whose
license has been revoked, suspended, or has expired to sign or affix
a seal on any document.
(f) All seals utilized by a license holder to seal
a paper document shall be capable of leaving a permanent ink or impression
on the document.
(g) Electronically conveyed geoscience documents requiring
a seal must contain an electronic seal and electronic signature or
digital seal and digital signature. Such seals should conform to the
design requirements set forth in this section.
(1) A Professional Geoscientist must employ reasonable
security measures to make the document unalterable. The Professional
Geoscientist shall maintain the security of his/her electronic seal
and electronic signature, or digital seal and digital signature. The
following methods are allowed:
(A) The Professional Geoscientist may electronically
copy the original hard copy of the document that bears his/her seal,
original signature, and date and transmit this document in a secure
electronic format.
(B) The Professional Geoscientist may create an electronic
seal and electronic signature for use in transmitting geoscientific
documents by making a secure electronic graphic of the Professional
Geoscientist's original seal and signature.
(C) A digital signature, as defined in 22 TAC §851.10,
which can be generated by using either public key infrastructure or
signature dynamics technology, must be: unique to the person using
it, capable of verification, under the sole control of the person
using it, and linked to a document in such a manner that the digital
signature is invalidated if any data in the document is changed and/or
deleted.
(2) The use of a computer-generated signature is not
allowed by changing the word processing font from a "normal text"
to a signature/handwriting font.
(A) Shown below is a sample of an unauthorized signature
consisting of a computer-generated signature using the Lucida Handwriting
font.
Attached Graphic
(B) Shown below is a sample of an acceptable digital
image of a geoscientist's physical seal and original signature saved
as a digital image (JPEG Format, for example).
Attached Graphic
(C) Shown below is a sample of an acceptable digital
seal accompanied by a digital signature.
Attached Graphic
(h) Preprinting of blank forms with a Professional
Geoscientist's seal is prohibited.
(i) Signature reproductions, including but not limited
to, rubber stamps, decals or other replicas, and computer-generated
signatures shall not be used in lieu of the Professional Geoscientist's
actual signature, digital signature, or a true digital graphic copy
of the actual signature.
(j) A Professional Geoscientist shall take reasonable
steps to ensure the security of the Professional Geoscientist's physical
or electronically-generated seals at all times. In the event of loss
of a seal, the Professional Geoscientist will immediately give written
notification of the facts concerning the loss to the Executive Director.
(k) Professional Geoscientists shall affix an unobscured
seal, original signature, and date of signature to the originals of
all documents containing the final version of any geoscience document
as outlined in subsection (l) of this section before such document
is released from their control.
(l) Preliminary documents released from a P.G.'s control
shall identify the purpose of the document, the Professional Geoscientist(s)
of record and the Professional Geoscientist license number(s), and
the release date by placing the following text or similar wording
instead of a seal: "This document is released for the purpose of (Examples:
interim review, mark-up, drafting) under the authority of (Example:
Leslie H. Doe, P.G. 0112) on (date). It is not to be used for (Examples:
construction, bidding, permit) purposes."
(m) The Professional Geoscientist shall sign, seal,
and date the original title sheet or a signature page of geoscience
documents, specifications, details, calculations, or estimates, and
each sheet of maps, drawings, cross sections, or other figures representing
geoscientific services carried out under the supervision of the geoscientist,
regardless of size or binding.
(n) All unbound geoscience documents, including but
not limited to, research reports, opinions, recommendations, evaluations,
addenda, and geoscience software shall bear the Professional Geoscientist's
printed name, date, signature, and the designation "P.G." or other
terms allowed under §1002.251 of the Act, unless the geoscience
service is exempt under §1002.252 of the Texas Occupations Code.
Electronic correspondence of this type shall include an electronic
signature as described in subsection (f) of this section or be followed
by a hard copy containing the Professional Geoscientist's printed
name, date, signature, and the designation "P.G." or other terms allowed
under §1002.251 of the Act.
(o) Geoscience services performed by more than one
Professional Geoscientist shall be sealed in a manner such that all
geoscience can be clearly attributed to the responsible Professional
Geoscientist(s). When sealing plans or documents on which two or more
Professional Geoscientists have worked, the seal of each Professional
Geoscientist shall be placed on the plan or document with a notation
describing the geoscience services done under each Professional Geoscientist's
responsible charge.
(p) Licensed employees of the state, its political
subdivisions, or other public entities are responsible for sealing
their original geoscience documents; however, such licensed employees
engaged in review and evaluation for compliance with applicable law
or regulation of documents containing geoscience services submitted
by others, or in the preparation of general planning documents, a
proposal for decision in a contested case or any similar position
statement resulting from a compliance review, need not seal the review
reports, planning documents, proposals for decision, or position statements.
(q) When a Professional Geoscientist elects to use
standards or general guideline specifications, those items shall be
clearly labeled as such, shall bear the identity of the publishing
entity, and shall be:
(1) Individually sealed by the Professional Geoscientist;
or
(2) Specified on an integral design/title/contents
sheet that bears the Professional Geoscientist's seal, signature,
and date with a statement authorizing its use.
(r) Alteration of a sealed document without proper
notification to the responsible Professional Geoscientist is misconduct
or an offense under the Act.
(s) A license holder is not required to use a seal
for a document for which the license holder is not required to hold
a license under Texas Occupations Code, Chapter 1002.
(t) All geoscience documents released, issued, or submitted
by a licensee shall clearly indicate the Geoscience Firm name and
registration number by which the Professional Geoscientist is employed.
If the Professional Geoscientist is employed by a local, State, or
Federal Government agency or a firm that is exempt from the requirement
of registration under Texas Occupations Code, Chapter 1002, Subchapter
H, then only the name of the agency or firm shall be required.
(u) TBPG also considers a document to meet the sealing
requirement if a reader or user of the document can determine that
the original document is complete and unaltered from that which was
subsequently placed under seal.
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| Source Note: The provisions of this §851.156 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2012, 36 TexReg 8826; amended to be effective November 1, 2012, 37 TexReg 8019; amended to be effective October 1, 2013, 38 TexReg 5731; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947; amended to be effective June 14, 2023, 48 TexReg 2966 |
