John Mikels, with Geos Consulting, sent me the following article in the December 15, 2012 Austin-American Statesman. I believe that articles like these are the result of the general public not understanding why we wanted licencing in the first place. Somehow they always put us in the same category as hair braiders, horse teeth floaters, and the like? Read it at: http://www.statesman.com/news/news/opinion/a-conservatives-guide-to-the-...
The Committee on Government Reform & Efficiency met on 12/6/2012 to discuss, among other things, the findings of the Texas Red Tape Challenge. While it appears that the Committee may not make any recommendations concerning the PG Board at this time, we'll be watching to make sure. I understand there was one interesting comment made by one Committee member, based on comments made by those against the PG Board, suggesting that perhaps other boards, including the Professional Engineering need to be looked into to see if they've been over-stepping their authority. This session could get real interesting. Video of the meeting can be found at: http://www.house.state.tx.us/video-audio/committee-broadcasts/committee-...
The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold:
HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
This bill also opens the door to more attacks on the TBPG, among other Boards." Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
HB 147, by Burkett, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule,the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening.Received by the Secretary of the Senate 11/30/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...
I'll be updating this list in the future, throughout the upcoming legislative session.
Henry M. Wise, P.G.
The Wise Report
December 16, 2012