HBA-MPA C.S.H.B. 1248 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1248
By: Farrar
Licensing & Administrative Procedures
4/25/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.H.B. 1248 changes the laws regulating the practice of architecture,
landscape architecture, and interior design in the state of Texas as
follows: 
_requires proof of continuing education from architects, allows payment by
credit card, and allows the Texas Board of Architectural Examiners (board)
to subpoena witnesses in investigations of violations; 
_eliminates a $200 registration fee;
_eliminates the ability to become a registered architect without formal
education; 
_allows the board to impose fines for violations by non-architects,
specifies appeal procedures; 
_requires proof of continuing education as a condition of registration
renewal, allows the board to set fees for late registration renewal; 
_clarifies the types of buildings that require a registered architect;
_eliminates the ability to become a landscape architect without formal
education; 
_requires proof of continuing education from landscape architects, requires
landscape architects to apply an official seal to their work and prohibits
non-landscape architects from using such a seal, and allows the board to
subpoena witnesses on investigation of violations; 
_requires interior design registration applicants to complete educational
programs before becoming registered; 
_requires proof of continuing education from interior designers, and allows
the board to set fees for late registration renewal; and 
_provides for administrative penalties

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  REGULATION OF PRACTICE OF ARCHITECTURE

SECTION 1.01.  Amends Section 2(a), (e), (g), and (h), Article 249a,
V.T.C.S., to set forth the membership of the Texas Board of Architectural
Examiners (board).  Makes nonsubstantive changes 

SECTION 1.02.  Amends  Section 3, Article 249a,V.T.C.S., by amending
Subsections (a), (e), (h), and (i), and adding Subsection (j), as follows: 

(a) Requires the bond filed by the secretary-treasurer to be paid from the
general revenue, rather than architectural examiners, fund. 

(e)  Requires, rather than authorizes, the board to recognize, prepare, or
administer continuing education programs for architects, interior
designers, and, rather than or, landscape architects, including programs
relating to the requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et seq.) and Article 9102, V.T.C.S.  Provides that
participation in the program is mandatory, rather than  voluntary. 
 
 (h)  Authorizes the board to accept payment of a fee by electronic means.
If a fee is paid by electronic means, and to charge a fee for processing
the payment by electronic means. Requires the board to set the processing
fee in an amount that is reasonably related to the expense incurred by the
board in processing the payment by electronic means, not to exceed five
percent of the amount of the fee.  

(i) Updates statutory reference.

(j)  Authorizes the board to request and, if necessary, compel by subpoena
the attendance of witnesses for examination under oath and the production
for inspection and copying of books, accounts, records, papers,
correspondence, documents, and other evidence relevant to the investigation
of alleged violations of this article.  Authorizes the board, acting
through the attorney general, to file suit to enforce the subpoena in a
district court in Travis County or in the county in which a hearing
conducted by the board may be held, if a person fails to comply with a
subpoena issued under this subsection  Requires the court, if it determines
that good cause exists for the issuance of the subpoena, to order
compliance with the requirements of the subpoena.  Authorizes failure to
obey the order of the court to be punished by the court as contempt.  

SECTION 1.03.  Amends Section 4(a), Article 249a, V.T.C.S., to require all
fees collected or money derived to be received and accounted for by the
executive director, rather than secretary-treasurer, and paid daily, rather
than weekly, to the comptroller.  Deletes procedure for handling money for
the architectural examiners fund. 

SECTION 1.04  Amends Section 4A, Article 249a,V.T.C.S., to make conforming
changes. 

SECTION 1.05.  Amends Section 4C(a), Article 249a, V.T.C.S., to delete from
a list of fees increased by $200 a fee for application for examination, and
a fee for out-of-state application for examination, and makes
nonsubstantive changes. 

SECTION 1.06.  Amends Section 5A(a), Article 249a,V.T.C.S., to make a
conforming change. 

SECTION 1.07.  Amends Section 6(a), Article 249a,V.T.C.S., to make a
conforming change. 

SECTION 1.08.  Amends Section 7, Article 249a, V.T.C.S., to delete a
provision requiring the board to accept for examination an applicant who
has not graduated who can present satisfactory evidence of eight years
satisfactory experience. 

SECTION 1.09.  Amends Section 8(b), Article 249a, V.T.C.S., to require all
applications under this section to be accompanied by a fee prescribed by
the board in an amount that is reasonable and necessary  to cover the cost
of, rather than $150 to the Texas Board of Architectural Examiners for,
processing and investigating the application and issuing the certificate.
Make nonsubstantive changes. 

SECTION 1.10.   Amends Sections 11(b), (i), (l), (n), (o), and (q),
Article 249a, V.T.C.S., as follows: 

(b) Authorizes the board  to assess an administrative penalty to a person
regardless of the person's registration status based on enumerated
conditions.  Makes a conforming change. 

(i) Provide that all proceedings under this subsection relating to a person
charged who holds a registration certificate issued by the board are
subject to Chapter 2001 (Administrative Procedure), Government Code.  Makes
conforming changes. 

(l) Provides that the board's order becomes final, if the person charged
holds a registration certificate, as provided by Section 2001.144
(Decisions; When Final), Government Code, and on the 20th day after the
order is rendered if the person does not hold a registration certificate. 


 (n) Deletes provision providing that failure to comply timely with the
requirements to file a petition requesting judicial review results in a
waiver of all legal rights to judicial review 
.  
(o) Makes a conforming change.

(q) Makes a nonsubstantive change.

SECTION 1.11. Amends Sections 12(c), (d), (e), (f), (g), and (h), Article
249a, V.T.C.S., to require the board to set the required renewal fee for
residents and nonresidents in an amount reasonable and necessary to cover
administrative costs determined by the board.  Requires the board to issue
to the registered architect a certificate of renewal of his or her
registration certificate for the term of one year upon receipt of proof
satisfactory to the board of compliance with the continuing education
requirement of the board.  Makes conforming and nonsubstantive changes. 

SECTION 1.12.  Amends Section 14, Article 249a, V.T.C.S., to require a
person to be exempt from the provisions of this article if the person
prepares plans for a building that does not exceed a square footage of
20,000 square feet and meets certain enumerated conditions.  Makes
conforming changes. 

ARTICLE 2.  REGULATION OF PRACTICE OF LANDSCAPE ARCHITECTURE

SECTION 2.01.  Amends Section 4(b), Article 249c, V.T.C.S., to authorize
the board to accept payment of a fee by electronic means. Authorizes the
board to charge a fee for processing the payment by electronic means, if a
fee is paid by electronic means.  Requires the board to set the processing
fee in an amount that is reasonably related to the expense incurred by the
board in processing the payment by electronic means, not to exceed five
percent of the amount of the fee.  

SECTION 2.02.   Amends Section 5(a), Article 249c,V.T.C.S., to require that
no person represent himself as a landscape architect unless such person
holds a certificate of registration as a landscape architect issued by the
board.  Provides that a person must satisfactorily pass the examination as
prescribed by the board.  Authorizes any person who has graduated from a
landscape architectural program recognized and approved by the board and
has had satisfactory experience in landscape architecture as required by
rules adopted by the board to apply for examination.  Deletes the limit on
the registration fee to no more than $250. 

SECTION 2.03.  Amends Sections 7(d), (e), (f), (g), and (h), Article
249c,V.T.C.S., to make conforming and nonsubstantive changes. 

SECTION 2.04.  Amends Section 8, Article 249c, V.T.C.S., as follows:

(a)  Authorizes, rather than requires, the board to revoke or suspend a
certificate of registration, place on probation, reprimand, or assess an
administrative penalty against a person, regardless of the person's
registration status, in an amount not to exceed $1,000 on enumerated
grounds. 

(b) Makes no change.

(c) Deletes provision that the statement changing grounds for discipline
must be filed with three copies.  Makes nonsubstantive changes 
 
(d) Deletes existing language providing for hearing procedures for a person
whose certificate has been suspended.  Deletes existing Subsection (e)
providing for a person to appeal the decision of the board to a district
court. 

(e)   Authorizes  the executive director of the board (executive director)
to issue a report stating the facts on which the determination that a
ground exists for a sanction is based, recommending that an administrative
penalty under this section be imposed on the person charged, and
recommending the amount of that proposed penalty, if after an investigation
of the facts surrounding an allegation of grounds for sanctions the
executive director finds  such grounds to exist.  Requires the executive
director to base the recommended amount of the proposed penalty on the
seriousness of the determined ground.  Requires the seriousness of the
ground to be determined by consideration of the factors prescribed by
Subsection (j) of this section. 
 
(f)  Requires the executive director to give written notice of the report
to the person charged not later than the 14th day after the date on which
the report is issued.  Requires the notice to include a brief summary of
the charges, a statement of the amount of the penalty recommended, and a
statement of the right of the person charged to a hearing on the occurrence
of a ground for the penalty or on the amount of the penalty, or both the
occurrence of the ground and the amount of the penalty.  

(g)  Authorizes  the person charged to accept the determination of the
executive director, including the recommended penalty, or to make a request
for a hearing on the determination not later than the 20th day after the
date on which the notice is received.  

(h)  Requires the board to issue an order approving the determination and
ordering the payment of the recommended penalty  if the person charged
accepts the determination of the executive director. 

(i) Requires the board to set a hearing and give notice of the hearing if
the person charged requests a hearing or fails timely to respond to the
notice.  Provides that all proceedings under this subsection relating to a
person charged who holds a registration certificate issued by the board are
subject to Chapter 2001 (Administrative Procedure), Government Code. 

(j)  Requires the board to consider in determining the amount of the
penalty: 

(1)  the seriousness of the conduct that is the source of the ground,
including consideration of the nature, circumstances, extent, and gravity
of any relevant acts or omissions, and of the hazard or potential hazard
created to the health or safety of the public; 
(2)  the economic damage to property caused by the conduct;
(3)  the charged person's history concerning previous grounds for sanction;
(4)  the amount necessary to deter future grounds for sanction;
(5)  efforts to correct the ground for sanction; and
(6)  any other matter justice may require. 

(k) Requires the executive director to give notice of the board's order to
the person charged including certain specified information. 

(l)  Provides that the board's order becomes final, if the person charged
holds a registration certificate, as provided by Section 2001.144
(Decisions; When Final), Government Code,  and on the 20th day after the
order is rendered if the person does not hold a registration certificate.
Requires the person charged with the penalty to pay the penalty in full
unless the person has filed a petition for judicial review of the order.  

(m)  Requires, if the person files a petition for judicial review
contesting the amount of the penalty or the occurrence of the ground for
sanction, the person to, within 30 days after the date on which the board's
order becomes final: 

(1)  forward the amount of the penalty to the board for placement in an
escrow account; 
(2)  post with the board a supersedeas bond in a form approved by the board
for the amount of the penalty, the bond to be effective until all judicial
review of the order or decision is final; or 
(3)  file with the board an affidavit sworn by the person charged stating
that the person is financially unable to forward the amount of the penalty
or to post the bond. 
 
 (n)  Authorizes the board to forward the matter to the attorney general
for enforcement if the person charged fails to pay the penalty in full as
provided by Subsection (l) of this section or to timely comply with
Subsection (m) of this section.  

(o)   Requires the judicial review of the order or decision of the board
assessing the penalty to be under the substantial evidence rule and shall
be instituted by filing a petition with a district court in Travis County,
as provided by Subchapter G (Contested Cases: Judicial Review), Chapter
2001, Government Code.  

(p)  Requires the board to remit to the person charged the appropriate
amount plus accrued interest if the penalty has been paid or execute a
release of the bond if a supersedeas bond has been posted if a penalty is
reduced or is not assessed by the reviewing court.  Requires the accrued
interest on amounts remitted by the board under this subsection to be paid
at a rate equal to the rate charged on loans to depository institutions by
the New York Federal Reserve Bank and to be paid for the period beginning
on the date the penalty is paid to the board under Subsection (l) of this
section and ending on the date the fine is remitted.  

(q)  Requires a penalty collected under this section to be deposited in the
state treasury to the credit of the general revenue fund.  

SECTION 2.05.  Amends Article 249c, V.T.C.S., by adding Sections 8D, as
follows: 

Sec. 8D.  SEAL.  (a)  Requires each landscape architect to obtain and keep
a seal with which the person shall stamp or impress each drawing or
specification issued from the person's office for use in this state.  

(b)  Requires the board to prescribe the form of the seal.  Requires the
design of the seal to be the same as that used by the board, except that it
shall bear the words "Registered Landscape Architect, State of Texas"
instead of "Texas Board of Architectural Examiners." 

(c)  Prohibits a person from using or attempting to use a seal described by
Subsection (b) of this section, a similar seal, or a replica of a seal
described by Subsection (b) of this section unless the use is by and
through a landscape architect.  

(d)  Prohibits a landscape architect from authorizing or permitting the use
of the landscape architect's seal by an unregistered person without the
landscape architect's personal supervision.  Authorizes the board to cancel
the registration certificate of a landscape architect who violates this
subsection. 
 
SECTION 2.06.  Amends Section 9(a), Article 249c, V.T.C.S., to prohibit a
person from representing the person to be a landscape architect without
being registered or exempted from registering, presenting or attempting to
use the certificate of registration or seal of another, giving any false or
forged evidence, or violating any other provision of this article.
Provides that a person who violates this section is subject to penalties
provided by Section 8 of this article, rather than shall be fined not less
that $25 nor more than $200.  Requires each day of such violation to be a
separate violation, rather than offense. 

SECTION 2.07.  Amends Section 10(b), Article 249c, V.T.C.S., to make a
conforming change. 

SECTION 2.08.  Amends Article 249c, V.T.C.S., by adding Section 11, as
follows: 

Sec. 11.  SUBPOENA.  (a)  Authorizes the board to request and, if
necessary, compel by subpoena the attendance of witnesses for examination
under oath and the production for inspection and copying of books,
accounts, records, papers, correspondence, documents, and other evidence
relevant to the investigation of alleged violations of this article.  


 (b)  Authorizes the board, acting through the attorney general, to file
suit to enforce the subpoena in a district court in Travis County or in the
county in which a hearing conducted by the board may be held if a person
fails to comply with a subpoena issued under this section.  Requires the
court, if it determines that good cause exists for the issuance of the
subpoena, to order compliance with the requirements of the subpoena.
Authorizes the court to punish failure to obey the order of the court as
contempt.  

ARTICLE 3.  REGULATION OF PRACTICE OF INTERIOR DESIGN

SECTION 3.01.  Amends Section 5, Article 249e,V.T.C.S., by  amending
Subsection (d) and adding Subsection (h) as follows: 

(d) Makes a nonsubstantive change.

(h)  Authorizes the board to request and, if necessary, compel by subpoena
the attendance of witnesses for examination under oath and the production
for inspection and copying of books, accounts, records, papers,
correspondence, documents, and other evidence relevant to the investigation
of alleged violations of this article.  Authorizes the board, acting
through the attorney general, to file suit to enforce the subpoena in a
district court in Travis County or in the county in which a hearing
conducted by the board may be held, if a person fails to comply with a
subpoena issued under this subsection.  Requires the court, if it
determines that good cause exists for the issuance of the subpoena, to
order compliance with the requirements of the subpoena.  Authorizes the
court to punish failure to obey the order of the court as contempt.  

SECTION 3.02.  Amends Section 6, Article 249e,V.T.C.S., by amending
Subsections (a) and (b), and adding Subsection (d), to authorize the board
to accept payment of a fee by electronic means. Authorizes the board to
charge a fee for processing the payment by electronic means.  Requires the
board to set the processing fee in an amount that is reasonably related to
the expense incurred by the board in processing the payment by electronic
means, not to exceed five percent of the amount of the fee.  Deletes fee
limits.   Makes conforming and nonsubstantive changes. 

SECTION 3.03.  Amends Sections 9(b), (c), and (d), Article 249e, V.T.C.S.,
to delete a provision that an applicant for admission to the registration
examination may be accompanied by evidence of professional education in
interior design and has experience in the field of interior design.  Makes
conforming and nonsubstantive changes. 

SECTION 3.04.  Amends Sections 14(b), (c), and (e), Article 249e,V.T.C.S.,
to provide that the board may determine a penalty fee for renewal of an
expired  registration certificate.  Authorizes a person to renew a
registration certificate by submitting to the board satisfactory proof of
compliance with continuing education requirements.  Deletes text tying the
additional fee for the renewing of expired registration certificate to the
amount of the legislation examination fee.   Makes conforming and
nonsubstantive changes. 

SECTION 3.05.  Amends Article 249e,V.T.C.S., by adding Section 17 as
follows: 

Sec. 17.  ADMINISTRATIVE PENALTY.  (a)  Authorizes the board to assess an
administrative penalty against a person on a ground provided by Section
15(a) (Revocation, Suspension, or Denial of Registration; Discipline of
Registrants) of this article, including Section 3 (Prohibitions).  

(b) Authorizes the executive director to issue a report stating the facts
on which the determination that a ground exists for a sanction is based,
recommending that an administrative penalty under this section be imposed
on the person charged, and recommending the amount of that proposed penalty
if, after investigation of the facts surrounding an allegation of a ground
for a sanction provided by Section 15(a), including Section 3, of this
article the executive director determines that a ground exists for a
sanction.  Requires the executive director to base the recommended amount
of the proposed penalty on the seriousness of the determined ground.
Requires the seriousness  of the ground to be determined by consideration
of the factors prescribed by Subsection (g) of this section. 
 
(c)  Requires  the executive director to give written notice of the report
to the person charged not later than the 14th day after the date on which
the report is issued.  Requires the notice to include a brief summary of
the charges, a statement of the amount of the penalty recommended, and a
statement of the right of the person charged to a hearing on the occurrence
of a ground for the penalty or on the amount of the penalty, or both the
occurrence of the ground and the amount of the penalty.  

(d)  Authorizes  the person charged to accept the determination of the
executive director not later than the 20th day after the date on which the
notice is received, including the recommended penalty, or make a request
for a hearing on the determination.  

(e)  Requires the board to issue an order approving the determination and
ordering the payment of the recommended penalty if the person charged
accepts the determination of the executive director.  

(f)  Requires  the board to set a hearing and give notice of the hearing if
the person charged requests a hearing or fails timely to respond to the
notice.  Provides that all proceedings under this subsection relating to a
person charged who holds a registration certificate issued by the board are
subject to Chapter 2001, Government Code. 
 
(g)  Requires the board to consider in determining the amount of the
penalty: 

(1)  the seriousness of the conduct that is the source of the ground,
including consideration of the nature, circumstances, extent, and gravity
of any relevant acts or omissions, and of the hazard or potential hazard
created to the health or safety of the public; 
(2)  the economic damage to property caused by the conduct;
(3)  the charged person's history concerning previous grounds for sanction;
(4)  the amount necessary to deter future grounds for sanction;
(5)  efforts to correct the ground for sanction; and
(6)  any other matter justice may require. 

(h)  Requires the executive director to give notice of the board's order to
the person charged including certain specified information. 

(i) Provides that the board's order becomes final, if the person charged
holds a registration certificate, as provided by Section 2001.144,
Government Code,  and on the 20th day after the order is rendered if the
person does not hold a registration certificate.  Requires the person
charged with the penalty to pay the penalty in full unless the person has
filed a petition for judicial review of the order.  

(j)  Requires  the person, within 30 days after the date on which the
board's order becomes final, if the person files a petition for judicial
review contesting the amount of the penalty or the occurrence of the ground
for sanction, or both, to: 

(1)  forward the amount of the penalty to the board for placement in an
escrow account; 
(2)  post with the board a supersedeas bond in a form approved by the board
for the amount of the penalty, the bond to be effective until all judicial
review of the order or decision is final; or 
(3)  file with the board an affidavit sworn by the person charged stating
that the person is financially unable to forward the amount of the penalty
or to post the bond.  

(k)  Authorizes the board  to forward the matter to the attorney general
for enforcement if the person charged fails to pay the penalty in full as
provided by Subsection (i) of this section or to timely comply with
Subsection (j) of this section. 
 (l)  Requires the judicial review of the order or decision of the board
assessing the penalty to be under the substantial evidence rule and shall
be instituted by filing a petition with a district court in Travis County,
as provided by Subchapter G, Chapter 2001, Government Code. 
 
(m)  Requires the board to remit to the person charged the appropriate
amount plus accrued interest if the penalty has been paid or shall execute
a release of the bond if a supersedeas bond has been posted if a penalty is
reduced or is not assessed by the reviewing court.  Requires the accrued
interest on amounts remitted by the board under this subsection to be paid
at a rate equal to the rate charged on loans to depository institutions by
the New York Federal Reserve Bank and to be paid for the period beginning
on the date the penalty is paid to the board under Subsection (i) of this
section and ending on the date the fine is remitted.  

(n)  Requires a penalty collected under this section to be deposited to the
credit of the general revenue fund.  

ARTICLE 4.  TRANSITION; EFFECTIVE DATE; EMERGENCY

SECTION 4.01.  (a) Makes application of  Section 7(c), Article
249a,V.T.C.S., prospective. 

(b) Makes application of  Section 5(a), Article 249a,V.T.C.S., prospective
 
(c) Makes application of  Section 9(b)(1), Article 249a,V.T.C.S.,
prospective 

SECTION 4.02.  Effective date: September 1, 1999. 

SECTION 4.03.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1248 differs from the original bill in the caption by adding the
phrase "providing administrative penalties." 

C.S.H.B. 1248 differs from the original bill by adding a new SECTION 1.01
(Section 2, Article 249a, V.T.C.S.) to set forth the membership of the
Texas Board of Architectural Examiners.  The substitute replaces the word
"handicap" in existing Subsection (e) with "disability."  A similar change
is made in SECTION 1.06 (Section 5A(a), Article 249a, V.T.C.S.).  Makes
nonsubstantive changes. 

C.S.H.B. 1248 differs from the original bill by redesignating SECTION 1.01
in the original bill as SECTION 1.02 (Section 3, Article 249a, V.T.C.S.) by
amending Subsection (a), which was not addressed in the original bill, to
require the premium on the bond required of the secretary-treasurer of the
Texas Board of Architectural Examiners to be paid from the general revenue
fund, rather than the architectural examiners fund.  References to the
architectural examiners fund are also deleted in SECTIONS 1.03 (Section
4(a), Article 249a, V.T.C.S.), 1.04 (Section 4A(b), Article 249a,
V.T.C.S.), 1.07 (Section 6(a), Article 249a, V.T.C.S.), 2.07 (Section
10(b), Article 249c, V.T.C.S.), and 3.02 (Section 6(a), Article 249e,
V.T.C.S.). The substitute  replaces the term "credit card" in the original
bill with "electronic means" in Subsection (h), with respect to ways in
which the board is authorized to receive payment.  Similar changes are made
in SECTIONS 2.01 (Section 4(b), Article 249c, V.T.C.S.) and 3.02 (proposed
Section 6(d), Article 249e, V.T.C.S.).  The substitute amends Subsection
(i), which was not addressed in the original bill, by updating references
to statutes related to open meetings.  A similar change is made in SECTION
3.01 (Section 5(d), Article 249e, V.T.C.S.). 

C.S.H.B. 1248 differs from the original bill by adding a new SECTION 1.03
(Section 4(a), Article 249a, V.T.C.S.) to make conforming changes to delete
procedure for handling money for the architectural examiners fund. 
 C.S.H.B. 1248 differs from the original bill by adding a new SECTION 1.04
(Section 4A, Article 249a, V.T.C.S.) to make conforming changes. 

C.S.H.B. 1248 differs from the original bill by redesignating SECTION 1.02
(Section 4C(a), Article 249c, V.T.C.S.) of the original bill as SECTION
1.05. 

C.S.H.B. 1248 differs from the original bill by adding a new SECTIONS 1.06
(Section 5A(a), Article 249a, V.T.C.S.) and 1.07 (Section 6(a), Article
249a,V.T.C.S.) to make conforming changes 

C.S.H.B. 1248 differs from the original bill by redesignating SECTION 1.03
(Section 7, Article 249a, V.T.C.S.) in the original bill as SECTION 1.08. 

C.S.H.B. 1248 differs from the original bill by adding a new SECTION 1.09
(Section 8(b), Article 249a, V.T.C.S. to require all applications under
this  section to be accompanied by a fee prescribed by the board in an
amount that is reasonable and necessary  to cover the cost of, rather than
$150 to the Texas Board of Architectural Examiners for, processing and
investigating the application and issuing the certificate.  Make
nonsubstantive changes. 

C.S.H.B. 1248 differs from the original bill by redesignating SECTION 1.04
from the original bill as SECTION 1.10 (Section 11, Article 249c, V.T.C.S.)
to amend Subsections (i), (l), (o), and (q), which were not addressed in
the original bill, to update references to the administrative procedures of
the Government Code (Chapter 2001) in Subsections (i), (l), and (o), and by
deleting reference to the state treasury in Subsection (q).   Reference to
the treasury is also deleted in SECTIONS 2.04 (proposed Section 8(q),
Article 249c,V.T.C.S.) and 3.05 (proposed Section 17(n), Article
249e,V.T.C.S.) 

C.S.H.B. 1248 differs from the original bill by redesignation SECTION 1.05
from the original bill as SECTION 1.11 (Section 12, Article 249a,
V.T.C.S.), to amend Subsection (c), which was not addressed in the original
bill, to require the board to set the required renewal fee for residents
and nonresidents in an amount reasonable and necessary to cover
administrative costs determined by the board. 

C.S.H.B. 1248 differs from the original bill in SECTION 2.02 (Section 5(a),
Article 249c, V.T.C.S.), to require that no person represent himself as a
landscape architect unless such person holds a certificate of registration
as a landscape architect issued by the board.  Provides that a person must
satisfactorily pass the examination as prescribed by the board.  Authorizes
any person who has graduated from a landscape architectural program
recognized and approved by the board and has had satisfactory experience in
landscape architecture as required by rules adopted by the board to apply
for examination.  Deletes the limit on the registration fee to no more than
$250.  

C.S.H.B. 1248 differs from the original bill in SECTION 2.03 (Section 5(f),
Article 249c, V.T.C.S.), to make conforming and nonsubstantive changes. 

C.S.H.B. 1248 differs from the original bill by adding a new SECTION 2.04
(Section 8, Article 249c, V.T.C.S.), amending Subsection (a), which is not
addressed in the original bill, to authorize, rather than require, the
board to revoke or suspend a certificate of registration, place on
probation, reprimand, or assess an administrative penalty against a person,
regardless of the person's registration status, in an amount not to exceed
$1,000 on enumerated grounds.  The substitute makes a nonsubstantive change
in Subsection (c), which was not addressed in the original bill, by
deleting the requirement for three copies of a statement charging a
registrant. The substitute deletes part of existing Subsection (d) and all
of existing Subsection (e), which are not addressed in the original bill.
In the original bill a new Section 8D is added.  Proposed Subsections
(b)-(n) are redesignated as Subsections (e)-(q).  Proposed subsection (i)
in the original bill is redesignated as Subsection (l), and is reorganized,
as follows:  

(l) Requires the board to set a hearing and give notice of the hearing if
the person charged requests a hearing or fails timely to respond to the
notice.  Provides that all proceedings under this subsection relating to a
person charged who holds a registration certificate issued by the board are
subject to Chapter 2001 (Administrative Procedure), Government Code. 
 C.S.H.B. 1248 differs from the original bill by redesignating a part of
SECTION 2.04 (proposed Section 8E, Article 249c, V.T.C.S.) from the
original bill as SECTION 2.05 (Section 8D, Article 249c, V.T.C.S.). 

C.S.H.B. 1248 differs from the original bill by adding a new SECTION 2.06
(Section 9(a), Article 249c, V.T.C.S.), to prohibit a person from
representing the person to be a landscape architect without being
registered or exempted from registering, presenting or attempting to use
the certificate of registration or seal of another, giving any false or
forged evidence, or violating any other provision of this article.
Provides that a person who violates this section is subject to penalties
provided by Section 8 of this article, rather than shall be fined not less
that $25 nor more than $200.  Requires each day of such violation to be a
separate violation, rather than offense. 

C.S.H.B. 1248 differs from the original bill by adding a new SECTION 2.07
(Section 10(b), Article 249c, V.T.C.S.), to make a conforming change. 

C.S.H.B. 1248 differs from the original bill by redesignating part of
SECTION 2.04 (Section 11, Article 249c, V.T.C.S.) from the original bill as
SECTION 2.08 (Section 11, Article 249c, V.T.C.S.) 

C.S.H.B. 1248 differs from the original bill in SECTION 3.01 (Section 5,
Article 249c, V.T.C.S.), by amending Subsection (d), which was not
addressed in the original bill, to make a conforming change. 

C.S.H.B. 1248 differs from the original bill in SECTION 3.02 (Section 6,
Article 249e, V.T.C.S.), by amending Subsections (a) and (b), which were
not addressed in the original bill, and changing proposed Subsection (d),
to make and conforming changes  The substitute also amends Subsection (b),
which was not addressed in the original bill, to delete reference to fee
limits. 

C.S.H.B. 1248 differs from the original bill in SECTION 3.05 (Section 17,
Article 249c, V.T.C.S.), by amending proposed Subsections (a) and (b), to
add a reference to violations of Section 3.  The substitute amends proposed
Subsection (f), by providing that all proceedings relating to a person
charged who holds a registration certificate issued by the board is subject
to certain procedures, and by reorganizing proposed Subsection (i), as
follows: 

(i) Provides that the board's order becomes final, if the person charged
holds a registration certificate, as provided by Section 2001.144,
Government Code,  and on the 20th day after the order is rendered if the
person does not hold a registration certificate.  Requires the person
charged with the penalty to pay the penalty in full unless the person has
filed a petition for judicial review of the order.  

C.S.H.B. 1248 differs from the original bill in SECTION 4.01 by adding
reference to professional education or experience to describe of applicants
in Subsections (b) and (c).