The Wise Report

The Wise Report
Henry M. Wise, P.G.
November 28, 2010
 
In response to the Texas Board of Professional Geoscientists (TBPG) Advisory Opinion Request #4 (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?), the TBPG has determined that no advisory opinion will be 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.
 
Henry M. Wise, P. G.
The Wise Report
11/28/2010