1. Texas Board of Professional Geoscientists
Presentation for the
Environmental Trade Fair
Texas Commission on Environmental Quality
May 17, 2017
Austin, Texas

2. Wesley McCoy, P.G. TBPG Enforcement Coordinator
Texas Board of Professional Geoscientists Agency Information and Professional Ethics Presented by:
Wesley McCoy, P.G.
TBPG Enforcement Coordinator

3. Why license Geoscientists? To Protect the Public!

4. TBPG – Brief History
The Texas Geoscience Practice Act was enacted by the 77th State Legislature as Senate Bill (SB) 405 in 2001, and is found under Title 6, Subtitle A, Chapter 1002 of the Texas Occupations Code
From September 1, 2001, until August 31, 2003, Board Members were appointed, the agency was set up, and a grandfathering period for licensees was initiated
On September 1, 2003, the Act became fully effective and grandfathering of licensees ended.

5. License Required for Public Practice of Geoscience (TGPA Sec. 1002
License Disciplines: - Soils Science - Geophysics - Geology

6. Discipline Examinations
Soils Science = Council of Soil Science Examiners Examination (CSSE)
Geophysics = Texas Geophysics Examination
Geology = National Association of State Boards of Geology Examination (ASBOG)

7. Geoscientist-in-Training Program
Geoscience Practice Act §   
(eff. September 1, 2009)
Geoscientist-in-Training Qualifications:
Educational requirement (30 semester hours)
Pass any of the following exams:
ASBOG ® Fundamentals Examination -geology;
CSSE Fundamentals Examination - soil science, or;
Texas Geophysics Examination- geophysics

8. Firm Registration TBPG Rule §851.30
A Firm or Corporation engaging in the public practice of geoscience must be registered
Geoscientific work must be performed by, or be under the supervision, of a Professional Geoscientist
Does not apply to unincorporated sole proprietors or engineering firms that perform service or work that is both engineering and geoscience (See TBPG/TBPE MOU)

9. TBPG Advisory Opinions
Example:
AOR #12(2014): What is the distinction between Academic Research and the Public Practice of Geoscience?
Requestor: Board-issued
Opened Date: August 8, 2014
Summary: Posted January 30, 2015
Posted at

10. Current Licenses and Registrations – March 31, 2017
32 US States & Puerto Rico Require a License for Geologists/Geoscientists Engaging in Public Practice
PG Licensees
4103 Licensed Texas PGs
125 Geoscientists-In-Training
Registered Firms
338 Texas Registered Firms

11. TBPG License Holder Numbers
9/1/03 – ̴ /31/
9/1/09 –
9/1/10 –
9/1/11 –
9/1/12 –
9/1/13 –
9/1/14 –
9/1/15 –
9/1/16 –

12. TBPG License Demographics
9/1/ total licenses; 295 age 65 or older (6 %) 3/31/ total licenses; 742 age 65 or older (18%) and 2762 age 55 or older (67%)

13. TOC §
Sec COMPLAINT EDUCATION. (a) In this section, "state agency" has the meaning assigned by Section
(b) The board shall work with each state agency that uses the services of a person licensed under this chapter and other appropriate state agencies as determined by the board, including a state agency with which the board has entered into a memorandum of understanding that addresses the coordination of activities or complaints, to educate the agency's employees regarding the procedures by which complaints are filed with and resolved by the board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 733 (S.B. 138), Sec. 3, eff. September 1, 2013.

14. TOC §
Sec DUTY OF STATE AGENCY TO REPORT POTENTIAL VIOLATION. (a) In this section, "state agency" has the meaning assigned by Section
(b) A state agency that becomes aware of a potential violation of this chapter or a rule adopted under this chapter shall forward any information relating to the potential violation and any subsequently obtained information to the board.
(c) Information forwarded by a state agency under this section that is privileged or confidential remains privileged or confidential following receipt by the board. The privilege or confidentiality extends to any board communication concerning the information forwarded, regardless of the form, manner, or content of the communication.
(d) The forwarding of privileged or confidential information by a state agency does not waive a privilege in or create an exception to the confidentiality of the information.
(e) A state agency's provision of information or failure to provide information under this section does not give rise to a cause of action against the agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 733 (S.B. 138), Sec. 3, eff. September 1, 2013.

15. What’s New at TBPG? TAC §851.35 - Voluntary License Surrender
Complaint SOP changes
TAC § – Endorsement and Reciprocal License
TAC § – Temporary License
TAC § – Continuing Education
TAC § – Duty to abide by Board Order and pay administrative penalties
TAC § – Default proceedings for SOAH hearings
TAC § – Cost of Administrative Hearings

16. Voluntary License Surrender
License must be current
Is not out of compliance with Disciplinary Order
Does not have a Complaint pending
Is not under Continuing Education Audit
Any fees are nonrefundable and the license
becomes permanently expired

17. TBPG Enforcement Total complaints opened Total received from public
Total opened by TBPG
Complaints
Dismissed
Disciplinary
Actions Taken
FY 2006
(9/1/05 to 8/31/06) 2 1
FY 2007
(9/1/06 to 8/31/07) 4
FY 2008
(9/1/07 to 8/31/08)
FY 2009
(9/1/08 to 8/31/09) 5 3
FY 2010
(9/1/09 to 8/31/10) 25 19 6 24
FY 2011
(9/1/10 to 8/31/11) 62 61 42 8
FY 2012
(9/1/11 to 8/31/12) 11 13 16
FY 2013
(9/1/12 to 8/31/13) 44 40 30
FY 2014
(9/1/13 to 8/31/14) 45 18 15
FY 2015
(9/1/14 to 8/31/15) 53 50 26
FY 2016
(9/1/15 to 8/31/16) 59 57 39
FY 2017
(9/1/16 to 8/31/17) 34

18. Potential technical complaints
Unstable slopes and foundations
Contaminant migration in the subsurface
Faults

19. Unstable Slope

20. Contaminant Migration Potential

21. Groundwater Contamination

22. Groundwater Monitoring
Chlorinated Solvent contamination has occurred below the plant and has migrated off-site down the geologic gradient established by the structural characteristics of the underlying marine shale unit.

23. Faulting

24. What is ‘Ethics’?
Ethics* - also called  moral philosophy - the discipline concerned with what is morally good and bad, right and wrong. The term is also applied to any system or theory of moral values or principles.
*from the on-line Encyclopaedia Britannica

25. Ethics
"Ethics has to do with what my feelings tell me is right or wrong." "Ethics has to do with my religious beliefs." "Being ethical is doing what the law requires." "Ethics consists of the standards of behavior our society accepts." "I don't know what the word means.“ Public Answers to What is Ethics? – Raymond Baumhart, Sociologist

26. Ethics
“What, then, is ethics? Ethics is two things. First, ethics refers to well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues. …Secondly, ethics refers to the study and development of one's ethical standards. As mentioned above, feelings, laws, and social norms can deviate from what is ethical.” - From What is Ethics, 1987, by Velasquez, Andre, Shanks, and Meyer

27. Behavior Can Have Consequences
Judgment received from US Bankruptcy Court ORDERED, ADJUDGED, AND DECREED 1. The Court finds that the Defendant is dishonest and his character devoid of conscience. The Defendant’s testimony at trial was disingenuous, and at times, misleading to this Court. His testimony demonstrates that he refuses to take responsibility for his actions, or acknowledge that his conduct has harmed others.

28. The Consequence
Requirement to Serve a Copy of This Order on Professional Organizations 8. To ensure that the Defendant’s conduct does not continue or harm others, and to the extant the Defendant remains a licensed professional or member of any professional organization, the Defendant is required to serve a copy of this Judgment on those organizations. Signed: US Bankruptcy Court Judge

29. Too often “Ethics” only
apply to others and
not to ourselves.

30. “The Moral Man knows
what is right;
the Ethical Man does
what is right.”
- H. L. Mencken

31. “In disputes upon moral or scientific points, ever let your aim be to come at truth, not to conquer your opponent. So you never shall be at a loss in losing the argument, and gaining a new discovery.”
—Arthur Martine, Martine’s Hand-book of Etiquette, and Guide to True Politeness (New York: Dick and Fitzgerald, 1866)

32. Whose Fault is it?

33. Code of Professional Conduct
All License Holders must comply with the Code of Professional Conduct, Texas Administrative Code § § While certain activities are exempt from licensure under Texas Occupations Code § , all License Holders must abide by the Texas Geoscience Practice Act and Board rules.

34. Is it ethical to Trespass? Is it legal to Trespass?

35. Organizational Ethics Codes -Geology
American Institute of Professional Geologists (AIPG) website:
Assn Environmental & Engineering Geologists (AEG) website:
American Assn of Petroleum Geologists (AAPG) website:
Geological Society of America (GSA)
website:

36. Organization Ethics Codes -Soils Science
Soil Science Society of America
website –
Soil and Water Conservation Society
website –
American Society of Agronomy
website –

37. Organization Ethics Codes -Geophysics
American Geophysical Union
website –
Seismological Society of America
website –

38. State employees in Texas are governed by their agency’s code of conduct and by the State Ethics Commission
Texas Ethics Commission web site:

39. “I want to resign my membership, please refund my dues.”
- Frequent Letters from License Holders

40. A Professional License
is not
a Membership!

41. Written and accepted by the profession
Code of Ethics:
Written and accepted by the profession
Enforced by professional organizations
on their membership
Conforms to professional morals
*********************************
Code of Professional Conduct
In the TBPG Rules - §§
It’s the Law, not a “Code of Ethics”

42. TBPG Guidelines
Guidelines for Employees of State and Local Governments Document:
and
TBPG P.G. Seal Guidance Document:

43. “Be always sure you are right, then go ahead”
David Crockett

44. Ethics Video available at: http://tbpg. state. tx. us/ethicsquiz/quiz
Ethics Video available at: Wesley McCoy, P.G. - (512) or for questions
Texas Board of Professional Geoscientists
P.O. Box 13225
Austin, Texas 78711
Tel: (512)
Fax: (512)