Please note: New language is underlined; removed language has [brackets] These amendments were filed with the Texas Register and will appear in the 9/30 issue. The Texas Board of Professional Geoscientists (Board) proposes new rules and amendments to 22 TAC §851.10, 851.32, 851.33, 851.34, 851.104, 851.108, 851.152, and 851.156 concerning the licensure and regulation of Professional Geoscientists. CHAPTER 851. Texas Board of Professional Geoscientists Licensing and Enforcement Rules Subchapter A. Definitions. §851.10. Definitions. (1)-(38) (No change.) (39) A “workpiece” shall be defined as any report, map, survey, data collection, interpretative workstation product, computer-generated product, or other document that is related to the practice of geoscience, regardless of the type of workpiece format, including hardcopy and electronic media. Subchapter B. P.G. Licensing, Firm Registration, and GIT Certification. §851.32. Continuing Education Program. (a) – (b) (No change.) (c) Every license holder under the age of 65 is required to obtain 15 PDH units during the renewal period year. License holders that are 65 or over are required to obtain 6 PDH units during the renewal period year. (d) – (p) (No change.) §851.33. Permissive Professional Geoscience Practice. (a) The permissive practice of a licensed Professional Geoscientist in a professional geoscientist capacity in a professional setting shall include, but not be limited to, the following: (1) Sealing any workpiece; and (2) Making a written assertion in any workpiece that the work is being performed in a professional geoscientist capacity, including using in the workpiece the license title of “Professional Geoscientist” or the initials “P.G.” as part of a professional, business, or commercial identification or title or otherwise. (b) The act of: (1) Sealing a workpiece with a Professional Geoscientist seal in accordance with Texas Occupations Code §1002.263; or (2) Preparing any workpiece related to geoscience in the study of past, present, or future climatic conditions or climate change for use in, or intended use in, or reliance upon, any public primary educational institution or by any government agency or quasi-governmental agency, shall conclusively presume jurisdiction under this Act for the work performed that is related to the workpiece or other document, regardless of any exemptions identified under Texas Occupations Code §1002.251 or §1002.252(3). (c) Professional Sealing of Work. A licensed Professional Geoscientist who seals any workpiece with a seal under Texas Occupations Code §1002.263 implicitly and explicitly consents to jurisdiction under this Act. (d) Representations Made in Professional Sealing of Work. The act of affixing a Professional Geoscientist seal on a workpiece shall assert that: (1) All known data are included in the development of the workpiece unless there is a scientific basis for exclusion of any data not used in the development of the workpiece and the identification of and the rationale for the exclusion of data are documented in the workpiece and available for review; and (2) Professional documentation related to a sealed workpiece includes, but is not limited to, the following: (A) A reasonable data search has been conducted to ensure all available data have been identified, considered, evaluated and incorporated or referenced in the development of the workpiece; (B) All sufficient and valid geoscientific data have been used to develop the workpiece, unless otherwise found to be deficient based on lack of reliability, accuracy, completeness, or technical validity as determined by the Professional Geoscientist during data evaluation, where all excluded data must be identified as such and clearly identified as excluded through systematic review and based on sound scientific and well-documented reasons; and (C) Any and all technically valid data and data contours developed to represent geoscientific conditions have been incorporated into the development of the workpiece; and (3) Geoscientific interpretation, conclusions, findings, and recommendations have not been edited or influenced in any way by anyone not currently licensed under this Act, and that all attempts to influence or alter in any way geoscientific interpretations, conclusions, findings or recommendations by any non-licensed person or entity or without the express knowledge and approval of the Professional Geoscientist taking responsible charge, is promptly reported to regulatory agencies for sanction; and (4) All requirements under this subsection be distinctly and clearly set forth as part of the notes available for review, incorporated by reference, and made an integral part of the workpiece. (e) Gas Sequestration. The act of sealing a workpiece or other document that is related to identification or calculation of the geoscientific potential for subterranean storage or sequestration of gases, including CO2 sequestration, shall assert that: (1) A reliability assessment has been made as to any claim of volumetric holding capacity and that this volumetric reliability assessment is an integral part of workpiece; (2) A reliability assessment has been made as to the claim of the anticipated duration and control of subsurface gases (gas trap or seal) and that this trap and seal reliability assessment is an integral part of workpiece; and (3) A statistical certainty analysis has been performed with respect to any claims of volumetric holding capacity and sealing duration and that an analysis of cap seal and fracture potential has been performed. (f) Reliable Technologies. The act of sealing a workpiece or other document that is related to the assertion or certification that a technology is reliable for the purpose of imaging, monitoring, assessment, source, seal, or reserve determination, or the development of implementation of an interpretative technique, shall further assert, through demonstration or performance of an assessment that systematically identifies, fully discloses, and documents in writing as part of the initial work activities: (1) The potential, theoretical, or actual restrictions or limitations of use related to the implementation of the technology and due to ownership positions of the principal investigators or investors in the technology; (2) The restrictions on ownership of the technology; (3) The aspects of the technology available in the public domain; and (4) The known limitations of the technology as disclosed in public and patent literature. (g) Climate. The act of sealing a workpiece or other document that is related to geosciences aspects in the study of climatic investigations, including but not limited to, soil studies, measurement of sea level or sea level changes, ice or soil or rock core sampling, or