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House Bill 1573 |
House Author: Geren |
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Effective: 9-1-05 |
Senate Sponsor: Harris |
House Bill 1573 amends the Occupations Code to specify that the term "practice of architecture" applies to a building or environs that is intended for human use or occupancy and to expand the definition of the term to include establishing and documenting the form, aesthetics, materials, and construction technology prior to construction; consulting, investigating, and analyzing those elements and providing expert opinion and testimony; preparing or supervising and controlling the preparation of architectural plans and specifications and observing work to evaluate conformance with the plans and specifications; programming for construction projects; recommending and overseeing construction project delivery systems; conducting research to expand the knowledge base of the profession; and teaching, administering, and developing pedagogical theory in academic settings.
The bill amends Civil Practice and Remedies Code provisions relating to design professionals to refer to a licensed, rather than registered, architect and to apply the term "design professional" to any firm in which a licensed architect or professional engineer practices. Previous law specified that, in any action for damages alleging professional negligence, the plaintiff is required to file an affidavit of a design professional and that failure to file the affidavit may result in dismissal with prejudice. House Bill 1573 instead specifies that, in any action or arbitration proceeding for damages arising out of the provision of professional services, other than an action for the payment of fees, the plaintiff must file an affidavit of a design professional holding the same professional license as the defendant. Failure to file the affidavit shall result in dismissal, and dismissal may be with prejudice. The bill further provides that an order granting or denying a motion for the complaint's dismissal is immediately appealable as an interlocutory order.