The Wise Report

The Wise Report
Henry M. Wise, P.G.
November 12, 2011
 
Unless you've been living under a rock, I'm sure you're all aware of the controversy at the Texas Board of Professional Geoscientists with the Oil & Gas geologists. Executive Director Charles Horton sent out an email to all registered Texas geologists stating that the Board unanimously approved an immediate withdrawal of proposed new rules 22 Texas Administrative Code, Sections 851.33, and 851.34, and proposed amendment 851.10 in a vote of 8-0, with one member absent. The Board also unanimously approved a draft Advisory Opinion (AOR #7) that re-affirmed the exemption of geoscientists working in the exploration and development of oil, gas, or other energy resources, base metals, or precious or non-precious minerals, including sand, gravel or aggregate from licensure under the Texas Geoscience Practice Act. The draft Advisory Opinion (AOR #7) is currently available on the TBPG website at https://tbpg.state.tx.us/Advisory-Opinions.html and will be posted in the November 18, 2011 issue of the Texas Register for a thirty (30) day public comment period. Comments on the draft opinion may be sent to Charles Horton chorton@tbpg.state.tx.us. Please submit comments by December 18, 2011.
 
Approximately 25 people attended the special Board meeting on November 7, 2011. Chairman Ron Kitchens stated that the Board wanted to resolve the question of public vs private practice of O&G because over the past several years they had received 13 complaints about O&G oversight, and one inquiry from the SEC. The O&G Workgroup was set up to get input from the O&G industry on this issue. The O&G Workgroup furnished their recommendations to the Board with a petition for rule proposal. The Board published it in the Texas Register to get input from the geologic comunity. As sever persons pointed out, both prior to and during the meeting, this was probably the worst method for obtaining comments. The General Counsel to the Board felt that the Board could publish this rules.
 
The Board received 375 comments through their email portal, and only four were in favor of the rules. Two of the letters against the proposed rules had a total of 170 signatures on it, 14 letters suggested changes, and 20 letters were from professional organizations, state legislators, or agencies. Several comments accused the Board of a power and money grab, a charge that Chairman Kitchens categorically denied. Another comment was made that the proposed rules infringed in academic freedom by placing Board policy above academic freedom. Another individual called for the resignation of Mr. Horton and unnamed members of the Board in favor of those more knowledgable and interested in these problems.
 
Of those testifying at the meeting, all reiterated that the intent of the original PG legislative was to omit the O&G and minerals geologists. It was intended to level the playing field with engineers who were practicing geology.
 
Chairman Kitchens acknowledged that the Board has a lot of fence mending to do and will work harder on outreach to the Texas PG community. In addition to the withdrawal of the offensive rules and proposing Advisory Opinion #7, the Corpus Christi Geological Society has met with Representative Hunter to open the Statute to add/remove language to make it perfectly clear that O&G and minerals are exempt from the Board in all cases. Unfortunately, this can't be done until the 2013 legislative session. If you are interested in helping in this endeavor, contact the Corpus Christi Geological Society.
 
Henry M. Wise, P.G.
The Wise Report
11/12/2011