Advisory Opinions

Advisory Opinion Request Forms

Advisory Opinion Request Form
Advisory Opinion Request Instructions

 

To request an Advisory Opinion, please download the Request form
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Advisory Opinion Request

 

Advisory Opinions

AOR #13 (2015) Opinion Issued by TBPG – 02/05/2016
Title: Is geoscience firm registration required for a firm located in Texas that does not perform professional geoscience services in Texas?
Requestor: Alison Steele
Open Date: 09/23/2015
Request: Is Texas P.G. licensure and/or firm registration required if a P.G. licensed in another state physically moves his or her firm to Texas and engages in the following activities: 1) Establishes a Texas LLC (is a Texas corporation for at least some tax purposes); 2) Solicits and engages in work solely within his/her original state of practice and residence, except for the fact that the office-based portion of the work (report preparation, administration, etc) is done in the new Texas LLC’s office; 3) Maintains current licensure in the original state; and 4) The LLC advertises that services are offered only in the original state of licensure.
Action: Advisory Opinion #13 issued by TBPG.
AOR #12 (2014) Opinion Issued by TBPG – 01/30/2015
Title: What is the distinction between academic research and the public practice of geoscience?
Requestor: TBPG
Open Date: 08/22/2014
Request: Which activities performed by individuals in the academic community require a P.G. license?
Action: Advisory Opinion #12 issued by TBPG.
AOR #11 (2014) Closed by the General Issues Committee – 8/22/2014 
Title: Requirements of a license when analyzing rock and soil samples with XRF equipment
Requestor: Iair Montemayor
Open Date: 03/08/2014
Request: Requestor is planning to start a business analyzing rock and soil samples with XRF equipment, without interpretation.  Requestor would like to know if he/she needs a license.
Action: No action taken.
AOR #10 (2011) Withdrawn by requestor – 1/25/2012
Title: P.G. Seal Requirements and Geologic Cross Sections
Requestor: Emmett Rushing, P.G.
Open Date: 12/14/2011
Request: Do geologic cross sections have to be sealed by a P.G. if they are bound or unbound when submitted to the TCEQ?
Action: TBPG accepted the request to withdraw on 2/17/2012.  No action taken.
AOR #9 (2011) Withdrawn by requestor – 1/25/2012
Title: UIC Plugging Reports
Requestor: Emmett Rushing, P.G.
Open Date: 12/5/2011
Request: Whether Underground Injection Control (UIC) plugging reports have to be sealed by a P.G.?
Action: TBPG accepted the request to withdraw on 2/17/2012.  No action taken.
AOR #8 (2011) Withdrawn by requestor – 1/25/2012
Title: P.G. Seal Requirements and “bound reports”
Requestor: Emmett Rushing, P.G.
Open Date: 12/5/2011
Request: Is P.G. supervision and/or a seal required for certain items if they are included in a bound report that is to be submitted to TCEQ?  What is a “bound report”? May TCEQ request a P.G. seal on documents that it deems appropriate?
Action: TBPG accepted the request to withdraw on 2/17/2012.  No action taken.
AOR #7 (2011) Opinion issued by TBPG – 2/17/2012
Title: What geoscientific work is exempt from licensure requirements under Texas Occupations Code Sec. 1002.252(3)?
Requestor: TBPG
Open Date: 11/07/2011
Request: What geoscientific work is exempt from licensure requirements under Texas Occupations Code Sec. 1002.252(3)?
Action: Advisory Opinion #7 issued by TBPG.
AOR #6 (2011) Withdrawn by TBPG – 2/17/2012
Title: Geoscientific research exemptions and the Texas Geoscience Practice Act
Requestor: TBPG
Open Date: 7/29/2011
Request: Does any and all geoscientific work that is conducted through an academic institution or non-profit research institution or for-profit organization automatically qualify as “geoscientific research” for purposes of Texas Occupation Code §1002.254(4)?
Action: No action taken.
AOR #5 (2011) Opinion issued by TBPG – 08/12/2011
Title: Licensure Requirements relative to performing environmental geoscience work and the submission of reports to the Texas Commission on Environmental Quality
Requestor: Kevin Almaguer, P.G.
Open Date: 3/11/2011
Request: Is the Texas Commission on Environmental Quality (TCEQ) Petroleum Storage Tank (PST) Division contributing to violations of the Geoscience Practice Act?  Also, do companies have to be Geoscience/PE Firms to perform environmental geoscience work and submit reports to the TCEQ Voluntary Cleanup Program (VCP) and Industrial Hazardous Waste – Corrective Action Program?  Still, what does the definition of public mean?
Action: Advisory Opinion #5 issued by TBPG.
AOR #4 (2010) Closed by the General Issues Committee – 10/28/2010
Title: Signing and Sealing Phase II ESA Reports
Requestor: Paul C. Moore, P.G.
Open Date: 9/13/2010
Request: Do you need to sign and seal a Phase II ESA report and attachments if that report follows the ASTM E1903 standard, is performed for the private use of a potential property purchaser, and is not submitted to a government agency?  If there is such a requirement, are there any circumstances where an exception applies?
Action: No advisory opinion was issued.  The committee determined that the question can be answered by reference to the Texas Geoscience Practice Act.  According to the Act, Section 1002.002 (6)(A)(iii), “practice for the public” is defined as providing professional geoscientific services for the public or a firm or corporation in this state if the practitioner assumes the ultimate liability for the work product.  A Phase II ESA report and attachments performed following the ASTM E1903 standard would be considered the public practice of geoscience, unless exempted by Section 1002.002(6)(B).  Therefore, such work must be signed and sealed to be in compliance with the Texas Geoscience Practice Act.
AOR #3 (2010) Opinion issued by TBPG – 1/21/2011
Title: Responsible Charge
Requestor: TBPG
Open Date: 6/3/2010
Request: What constitutes “responsible charge”?
Action: Advisory Opinion #3 issued by TBPG.
AOR #2 (2010) Closed by General Issues Committee – 5/10/2010
Title: P.G. Seal Usage
Requestor: Carol Boucher, P.G.
Open Date: 4/14/2010
Request: Does a Professional Geoscientist (P.G.) seal need to be affixed to a Texas monitor well plug and abandon report?
Action: No advisory opinion was issued.  The committee determined that plugging and abandoning a well in compliance with rules of the Texas Department of Licensing and Regulation’s Water Well Driller/Pump Installer Program does not involve geosciences or geologic interpretation.  A P.G. seal need not be affixed to a Plugging Report.
AOR #1 (2010) Closed by General Issues Committee – 5/10/2010
Title: Firm Registration Requirement
Requestor: Alison Steele
Open Date: 2/15/2010
Request: Are firm registrations required of independent Professional Geoscientists who may operate under a corporate format (e.g. LLC or S Corporation rather than as sole proprietors), and whose work is overseen by a prime consultants that do maintain firm registrations?
Action: No advisory opinion was issued.  The committee determined that the work described in the request does include the public practice of geoscience as defined in the Act and the firm should be registered with the Board as required by the Texas Administrative Code, Section 851.30(a).  Rule 851.152(b) is not applicable to this situation because it applies to a P.G. performing consulting services part time as an individual.
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