| (a) Registration required. Unless an exemption applies,
as outlined in Texas Occupations Code §1002.351(b), a firm may
engage in the public practice of geoscience only if the firm is currently
registered with the TBPG; and
(1) The geoscience services are performed by, or under
the supervision of, a Professional Geoscientist who is in responsible
charge of the work and who signs and seals all geoscientific reports,
documents, and other records as required by this chapter; or
(2) The business of the firm includes the public practice
of geoscience as determined by TBPG rule, and a principal of the firm
or an officer or director of the corporation is a Professional Geoscientist
and has overall supervision and control of the geoscience services
performed in this state. As provided in §851.10(23) of this chapter,
the term Geoscience Firm (Firm) includes a sole practitioner registered
with TBPG as a Geoscience Firm, a co-partnership, corporation, partnership,
limited liability company, joint stock association, or other business
organization that is registered with the TBPG as a Geoscience Firm.
For the purposes of this section, the term "public" includes, but
is not limited to, political subdivisions of the state, business entities,
and individuals. This section does not apply to an engineering firm
that performs service or work that is both engineering and geoscience.
(b) Unless registered by the TBPG or exempt from registration
under Texas Occupations Code §1002.351 or elsewhere in this section,
an individual or firm may not represent to the public that the individual
or firm is a Professional Geoscientist or is able to perform geoscience
services or prepare a geoscientific report, document, or other record
that requires the signature and seal of a license holder under Texas
Occupations Code §1002.263(b).
(c) A currently licensed P.G. who offers services as
a sole practitioner--either unincorporated or incorporated--is exempt
from the firm registration requirements in this section provided that
the sole practitioner does not employ, contract or subcontract with
another person (full-time or part-time) to perform geoscience work
for the sole practitioner. A P.G. who is exempt from the firm registration
requirements under this section and who offers services under an assumed
name must report the assumed name to the TBPG. A P.G. who is otherwise
exempt from the firm registration requirements under this section
may choose to register as a Geoscience Firm and pay the current Geoscience
Firm registration fee.
(d) Registration requirements. To be eligible to register
as a Geoscience Firm, the firm must:
(1) Identify an Authorized Official of a Firm who shall
be responsible for submitting the application for the initial registration
of the Firm with the TBPG; ensuring that the Firm maintains compliance
with the requirements of registration; ensuring that the Firm renews
its registration status as long as the Firm offers or provides professional
geoscience services; ensuring that each geoscientist in the firm's
employment who performs or supervises geoscience work maintains a
current P.G. license; and communicating with the TBPG regarding any
other necessary matter;
(2) Operate under a business model such that:
(A) The geoscience services are performed by, or under
the supervision of, a licensed Professional Geoscientist who is in
responsible charge of the work and who ensures that the Geoscience
Firm complies with all laws, codes, rules, and standards applicable
to the public practice of geoscience and who signs and seals all geoscientific
reports, documents, and other records as required by this chapter
and ensures that all geoscientific reports, documents, and other records
are signed and sealed by a licensed Professional Geoscientist; or
(B) The principal business of the Geoscience Firm is
the public practice of geoscience as determined by TBPG rule and a
principal of the Geoscience Firm or an officer or director of the
corporation is a licensed Professional Geoscientist and has overall
supervision and control of the geoscience services the Geoscience
Firm performs in this state;
(3) Identify the firm's business model and the Professional
Geoscientist who fulfills the role of the licensed Professional Geoscientist
in paragraph (2) of this subsection;
(4) Submit a Firm Registration Application (Form C),
in accordance to the procedures outlined in subsection (e) of this
section;
(5) Upon initial application, affirm that the licensed
Professional Geoscientist performing or supervising the geoscience
services for the firm is an employee, or affirm that the applicant
is a sole proprietor who is a P.G. with no employees. A Geoscience
Firm shall provide evidence of employment status upon request of the
Board staff or an Appointed Board Member.
(e) Firm Registration Application Process.
(1) The Authorized Official of a firm shall complete
and submit, along with the required application fee, the form furnished
by the TBPG that includes, but is not limited to, the following information
listed in subparagraphs (A) - (F) of this paragraph:
(A) The name, address, and phone number of the firm
offering to engage or engaging in the practice of professional geoscience
for the public in Texas;
(B) The name, position, address, and phone numbers
of each officer or director;
(C) The name, address and current active Texas Professional
Geoscientist license number of each employee performing geoscience
services for the public in Texas on behalf of the firm;
(D) The name, location, and phone numbers of each subsidiary
or branch office offering to engage or engaging in the practice of
professional geoscience for the public in Texas, if any;
(E) The federal employer identification number (EIN)
for the firm, unless the firm is an unincorporated sole-practitioner;
and
(F) A signed statement attesting to the correctness
and completeness of the application.
(2) After receiving all of the required materials and
fees, and after the firm has satisfied the requirements in this section,
TBPG will register the firm and will assign to the firm a unique Geoscience
Firm registration number. The new firm registration shall expire at
the end of the calendar month occurring one year after the firm registration
is issued.
(3) An application is active for one year after the
date that it is filed with the TBPG. An application expires on the
one-year anniversary of the date it was filed with TBPG.
(4) Obtaining or attempting to obtain a firm registration
by fraud or false misrepresentation is grounds for an administrative
sanction and/or penalty.
(5) An application is not reviewed until the application
and fee have been received in the TBPG office. TBPG will notify an
applicant of any deficiencies in the application.
(6) The applicant should respond, within forty-five
(45) days, to a deficiency notice it receives from TBPG and should
correct deficiencies within that time, if possible. If an applicant
does not respond to a deficiency notice or does not ensure that necessary
documents are provided to the TBPG office, the application will expire,
as scheduled, one year after the date it became active.
(f) The initial certificate of registration shall be
valid for a period of one year from the date it is issued, plus any
days remaining through the end of that month. A renewed firm registration
is valid for a period of one year from the expiration date of the
firm registration being renewed.
(g) A Geoscience Firm's completed and approved registration
is the legal authority granted the holder to actively offer or practice
professional geoscience upon meeting the requirements as set out in
the Act and TBPG Rules. When a firm registration is issued, a firm
registration wall certificate, the first firm registration certificate
expiration card, and the first portable firm registration expiration
card is provided to the new Geoscience Firm. The firm registration
wall certificate shall bear the name of the Geoscience Firm, the firm's
unique Geoscience Firm registration number, and the date the firm
registration was originally issued. The firm registration wall certificate
is not valid proof of current registration as a firm, unless it is
accompanied by the firm registration certificate expiration card and
the date on the firm registration certificate card is not expired.
The firm registration certificate expiration card shall bear the name
of the firm, the firm's unique firm registration license number, and
the date the firm registration will expire, unless it is renewed.
The portable firm registration expiration card shall bear the name
of the firm, the unique Geoscience Firm registration number, and the
date the registration will expire, unless it is renewed.
Cont'd... |
