Advisory Opinion Request Forms
Advisory Opinion Request Form
Advisory Opinion Request Instructions
To request an Advisory Opinion, please download the Request form
and submit the information to TBPG by mail, fax, or e-mail.
Mailing Address: |
P.0. Box 13225 Austin, TX 78711 |
E-mail Us: |
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| AOR #10 (2011) | Withdrawn by requestor – 1/25/2012 |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. |