The Wise Report - February 28, 2016

The Wise Report
Henry M. Wise, P.G.
February 28, 2013
 
The Texas Board of Professional geoscientists has issued Advisory Opinion AOR #13 (2015).

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 corp. 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.
4. The LLC advertises that services are offered only in the original state of licensure.
 
Opinion: If the firm solicits and engages in work solely within another state, except for the office-based portion of the work (report compilation, administration, etc.); maintains licensure in the other state; and the LLC advertises that services are offered only in the state of licensure, the firm is exempt from TBPG registration.
 
If you have questions or comments, please contact the TBPG.
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If you are registered as a Professional Geologist in Arizona, you should be aware that there is proposed legislation to eliminate geologists as a registered profession in Arizona (HB2613).  HB 2613 (Regulatory Boards; Licensing; Revisions), introduced by Representative Warren Petersen (R-Gilbert), was heard in the House of Representatives Commerce Committee on Wednesday, February 17, 2016 in Phoenix. HB 2613 ends the licensure of Geologists and Landscape Architects, among other provisions.  A total of 14 individuals signed in to support the bill and 366 individuals, mostly Geologists and Landscape Architects, signed in to oppose the measure.  There was additional opposition from the American Council of Engineering Companies of AZ, the Arizona Chapter of Associated General Contractors, the Arizona Petroleum Marketers Association, the Arizona Planning Association, the Arizona American Institute of Architects and the Arizona Board of Technical Registration. The bill is being pushed by Arizona Governor Doug Ducey as a solution to address the perceived over licensure of professions in Arizona.  The hearing for HB 2613 lasted approximately two hours and the committee heard testimony from four Geologists against the bill.  The bill was passed on a party line 5 - 3 vote with the Democratic members dissenting. The bill has two procedural hurdles before being considered by the full Arizona House of Representatives for an up or down vote. During testimony the Governor’s staff noted that the bill needs additional work and assured the interested groups that they will have input in this process. The American Institute of Professional Geologists and the Association of Environmental and Engineering Geologists is leading the opposition to this measure and is seeking to remove the Geologists from this bill.
 
Henry M. Wise, P.G.
The Wise Report
2/28/2016