By Farrar H.B. No. 1248
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of architecture,
1-3 landscape architecture, and interior design; providing
1-4 administrative penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. REGULATION OF PRACTICE OF ARCHITECTURE
1-7 SECTION 1.01. Sections 2(a), (e), (g), and (h), Chapter 478,
1-8 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
1-9 Vernon's Texas Civil Statutes), are amended to read as follows:
1-10 (a) The Texas Board of Architectural Examiners is composed
1-11 of nine members as follows:
1-12 (1) four members must be [reputable practicing]
1-13 architects who are registered under the laws of this [have resided
1-14 in the] State [of Texas and have been actively engaged in the
1-15 practice of architecture for the five years preceding their
1-16 appointment];
1-17 (2) one member must be a landscape architect who is
1-18 registered under the laws of this State;
1-19 (3) one member must be an [a professional] interior
1-20 designer who is registered under the laws of this State [Article
1-21 249e, Revised Statutes]; and
1-22 (4) three members must be representatives of the
1-23 general public and, notwithstanding Subsection (e) of this section,
1-24 at least one of the public members must be a person with a physical
2-1 disability.
2-2 (e) Appointments to the Board shall be made without regard
2-3 to the race, color, disability [handicap], sex, religion, age, or
2-4 national origin of the appointees.
2-5 (g) An officer, employee, or paid consultant of a Texas
2-6 trade association in the field of architecture, interior design, or
2-7 landscape architecture may not be a member of the Board or an
2-8 employee of the Board who is exempt from the state's position
2-9 classification plan or is compensated at or above the amount
2-10 prescribed by the General Appropriations Act for [step 1,] salary
2-11 group B9 [17,] of the position classification salary schedule.
2-12 (h) A person who is the spouse of an officer, manager, or
2-13 paid consultant of a Texas trade association in the field of
2-14 architecture, interior design, or landscape architecture may not be
2-15 a Board member and may not be a Board employee who is exempt from
2-16 the state's position classification plan or is compensated at or
2-17 above the amount prescribed by the General Appropriations Act for
2-18 [step 1,] salary group B9 [17,] of the position classification
2-19 salary schedule.
2-20 SECTION 1.02. Section 3, Chapter 478, Acts of the 45th
2-21 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-22 Civil Statutes), is amended by amending Subsections (a), (e), (h),
2-23 and (i) and adding Subsection (j) to read as follows:
2-24 (a) The members of the Texas Board of Architectural
2-25 Examiners shall, before entering upon the discharge of their
2-26 duties, qualify by subscribing to, before a Notary Public or other
2-27 officer authorized by law to administer oaths, and filing with the
3-1 Secretary of State, the Constitutional oath of office. The Governor
3-2 shall designate one member of the Board as chairman of the Board to
3-3 serve in that capacity at the pleasure of the Governor. The
3-4 members of the Board shall, annually in the month of January, elect
3-5 from their number a vice-chairman. A secretary-treasurer of this
3-6 Board shall be appointed by the Board and shall hold office at the
3-7 pleasure of the Board. The secretary-treasurer may, but need not,
3-8 be a Member of the Board. The secretary-treasurer, before entering
3-9 upon his duties, shall make and file a bond of not less than $5,000
3-10 with the State Comptroller. Said bond shall be payable to the
3-11 Governor of this State for the benefit of said Board; shall be
3-12 conditioned upon the faithful performance of the duties of such
3-13 officer, and shall be in such form as may be approved by the
3-14 Attorney General of this State; and shall be executed by a surety
3-15 company, as surety, and be approved by the Texas Board of
3-16 Architectural Examiners. The premium on the bond shall be paid
3-17 from the General Revenue [Architectural Examiners] Fund.
3-18 (e) The Board shall [may] recognize, prepare, or administer
3-19 continuing education programs for architects, interior designers,
3-20 and [or] landscape architects, including programs relating to the
3-21 requirements of the Americans with Disabilities Act of 1990 (42
3-22 U.S.C. Section 12101 et seq.) and Article 9102, Revised Statutes.
3-23 Participation in the programs is mandatory [voluntary].
3-24 (h) The Board may set a fee for any action of the Board
3-25 involving an administrative expense in an amount that is reasonable
3-26 and necessary to cover the cost of the administration of this Act,
3-27 unless otherwise set by this Act or by the General Appropriations
4-1 Act. The Board may accept payment of a fee by electronic means.
4-2 If a fee is paid by electronic means, the Board may charge a fee
4-3 for processing the payment by electronic means. The Board shall
4-4 set the processing fee in an amount that is reasonably related to
4-5 the expense incurred by the Board in processing the payment by
4-6 electronic means, not to exceed five percent of the amount of the
4-7 fee.
4-8 (i) The Board is subject to the open meetings law, Chapter
4-9 551, Government Code [271, Acts of the 60th Legislature, Regular
4-10 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
4-11 Statutes)], and Chapters 2001 and 2002, Government Code [the
4-12 Administrative Procedure and Texas Register Act, as amended
4-13 (Article 6252-13a, Vernon's Texas Civil Statutes)].
4-14 (j) The Board may request and, if necessary, compel by
4-15 subpoena the attendance of witnesses for examination under oath and
4-16 the production for inspection and copying of books, accounts,
4-17 records, papers, correspondence, documents, and other evidence
4-18 relevant to the investigation of alleged violations of this Act.
4-19 If a person fails to comply with a subpoena issued under this
4-20 subsection, the Board, acting through the attorney general, may
4-21 file suit to enforce the subpoena in a district court in Travis
4-22 County or in the county in which a hearing conducted by the Board
4-23 may be held. The court, if it determines that good cause exists
4-24 for the issuance of the subpoena, shall order compliance with the
4-25 requirements of the subpoena. Failure to obey the order of the
4-26 court may be punished by the court as contempt.
4-27 SECTION 1.03. Section 4(a), Chapter 478, Acts of the 45th
5-1 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
5-2 Civil Statutes), is amended to read as follows:
5-3 (a) All fees collected or money derived under the provisions
5-4 of this Act shall be received and accounted for by the executive
5-5 director [secretary-treasurer]. All of these funds which are
5-6 received shall be paid daily [weekly] to the comptroller [State
5-7 Comptroller, who shall keep this money in a separate fund to be
5-8 known as the Architectural Examiners Fund. This fund may be used
5-9 only for the administration of the powers and duties of the Board
5-10 and shall be paid out only by warrants of the State Comptroller,
5-11 upon itemized vouchers, approved by the chairman or acting chairman
5-12 and attested by the secretary-treasurer of the Board.
5-13 Disbursements shall not in any way be a charge upon the General
5-14 Revenue Fund of this State].
5-15 SECTION 1.04. Section 4A, Chapter 478, Acts of the 45th
5-16 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
5-17 Civil Statutes), is amended to read as follows:
5-18 Sec. 4A. [(a)] Each member of the Board is entitled to the
5-19 per diem set by legislative appropriation for each day that the
5-20 member engages in the business of the Board. A member is entitled
5-21 to compensation for travel expenses, including food, lodging, and
5-22 transportation expenses, as provided by the General Appropriations
5-23 Act.
5-24 [(b) The per diem and expenses of the members of the Board
5-25 shall be paid from the Architectural Examiners Fund.]
5-26 [(c) General revenue funds may not be used for the
5-27 administration of this Act except as provided by the General
6-1 Appropriations Act.]
6-2 SECTION 1.05. Section 4C(a), Chapter 478, Acts of the 45th
6-3 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-4 Civil Statutes), is amended to read as follows:
6-5 (a) Each of the following fees imposed by or under another
6-6 section of this Act is increased by $200:
6-7 (1) [fee for application for examination;]
6-8 [(2) fee for out-of-state application for examination;]
6-9 [(3)] fee for application for certificate by person
6-10 possessing a valid certificate or license to practice architecture
6-11 in another state; and
6-12 (2) [(4)] fee for renewal of certificate of
6-13 registration.
6-14 SECTION 1.06. Section 5A(a), Chapter 478, Acts of the 45th
6-15 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-16 Civil Statutes), is amended to read as follows:
6-17 (a) The executive director or the executive director's
6-18 designee shall prepare and maintain a written policy statement to
6-19 assure implementation of a program of equal employment opportunity
6-20 under which all personnel transactions are made without regard to
6-21 race, color, disability [handicap], sex, religion, age, or national
6-22 origin. The policy statement must include:
6-23 (1) personnel policies, including policies relating to
6-24 recruitment, evaluation, selection, appointment, training, and
6-25 promotion of personnel;
6-26 (2) a comprehensive analysis of the Board work force
6-27 that meets federal and state guidelines;
7-1 (3) procedures by which a determination can be made of
7-2 significant underutilization in the Board work force of all persons
7-3 for whom federal or state guidelines encourage a more equitable
7-4 balance; and
7-5 (4) reasonable methods to appropriately address those
7-6 areas of significant underutilization.
7-7 SECTION 1.07. Section 6(a), Chapter 478, Acts of the 45th
7-8 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
7-9 Civil Statutes), is amended to read as follows:
7-10 (a) It shall be the duty of the [Texas] Board [of
7-11 Architectural Examiners] to hold meetings at least twice each year
7-12 at such times and places as the Board may determine for the purpose
7-13 of transacting its business and to examine all applicants for a
7-14 registration certificate for the practice of architecture in this
7-15 State on any subjects and procedures pertaining to architecture
7-16 which the Board in its discretion may require.
7-17 SECTION 1.08. Section 7, Chapter 478, Acts of the 45th
7-18 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
7-19 Civil Statutes), is amended to read as follows:
7-20 Sec. 7. [(a)] An applicant for examination for registration
7-21 as an architect in this State shall present a diploma from and be a
7-22 graduate of a recognized university or college of architecture
7-23 approved by the Board and shall also present evidence acceptable to
7-24 the Board of such applicant's having had satisfactory experience in
7-25 architecture, in the office or offices of one or more legally
7-26 practicing architects, as prescribed in the rules and regulations
7-27 adopted by the Board.
8-1 [(c) The Board shall also accept for examination, an
8-2 applicant, although not a graduate as above required, who possesses
8-3 all of the other qualifications and furnishes evidence acceptable
8-4 to the Board of his or her having completed not less than eight
8-5 years' satisfactory experience in architecture in the office or
8-6 offices of one or more legally practicing architects, or any
8-7 combination of architectural schooling and experience acceptable to
8-8 the Board totaling eight years.]
8-9 SECTION 1.09. Chapter 478, Acts of the 45th Legislature,
8-10 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
8-11 Statutes), is amended by adding Section 7A to read as follows:
8-12 Sec. 7A. (a) The Board shall deposit $10 of each
8-13 certificate of registration renewal fee collected under Section
8-14 12(c) of this Act to the credit of the scholarship fund for
8-15 architectural examination applicants. The scholarship fund for
8-16 architectural examination applicants is an account in the general
8-17 revenue fund that may be appropriated only to the Board to:
8-18 (1) provide scholarships to persons applying under
8-19 Section 6(b) of this Act for examination; and
8-20 (2) pay the Board's associated administrative costs.
8-21 (b) Interest earned on the scholarship fund for
8-22 architectural examination applicants shall be credited to the fund.
8-23 (c) The Board may not use more than 15 percent of the amount
8-24 appropriated to the Board under Subsection (a) of this section to
8-25 pay the Board's administrative costs.
8-26 (d) The amount of each scholarship is the lesser of $500 or
8-27 the fee prescribed by the Board for the examination.
9-1 (e) The legislature finds that a public purpose of the state
9-2 is served by the scholarships awarded under this section by:
9-3 (1) promoting the professional needs of the state;
9-4 (2) increasing the number of highly trained and
9-5 educated registered architects available to serve the residents of
9-6 the state;
9-7 (3) improving the state's business environment and
9-8 encouraging economic development; and
9-9 (4) identifying, recognizing, and supporting
9-10 outstanding applicants who plan to pursue careers in architecture.
9-11 (f) The Board shall establish and administer scholarships in
9-12 a manner that the Board determines best serves the public purpose
9-13 of the scholarships. In determining what best promotes the public
9-14 purpose, the Board shall consider at a minimum the financial need
9-15 of each person applying for a scholarship under this section.
9-16 (g) The Board shall adopt rules as necessary for the
9-17 administration of this section.
9-18 SECTION 1.10. Section 8(b), Chapter 478, Acts of the 45th
9-19 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
9-20 Civil Statutes), is amended to read as follows:
9-21 (b) All applications under this Section shall be accompanied
9-22 by a fee prescribed by the Board in an amount that is reasonable
9-23 and necessary to cover the cost of [$150 payable to the Texas Board
9-24 of Architectural Examiners for the] processing and investigating
9-25 [of] the application [so filed] and issuing [for the issuance of]
9-26 the certificate herein provided for. The provisions of this
9-27 section shall apply only where the laws, legal requirements and
10-1 regulations of such other jurisdiction extend like or similar
10-2 privileges to practice architecture in such other jurisdiction to
10-3 registered architects of this State.
10-4 SECTION 1.11. Sections 11(b), (i), (l), (n), (o), and (q),
10-5 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
10-6 (Article 249a, Vernon's Texas Civil Statutes), are amended to read
10-7 as follows:
10-8 (b) The Board may revoke or suspend a registration
10-9 certificate, place on probation a person whose registration
10-10 certificate has been suspended, reprimand a person registered under
10-11 this Act, or assess an administrative penalty against a person,
10-12 regardless of the person's registration status, [registered under
10-13 this Act] in an amount not to exceed $1,000 on the following
10-14 grounds:
10-15 (1) a violation of this Act or of a rule of the Board
10-16 adopted under this Act;
10-17 (2) a cause for which the Board is authorized to
10-18 refuse to grant a registration certificate;
10-19 (3) gross incompetency;
10-20 (4) recklessness in the construction or alteration of
10-21 a building by an architect designing, planning, or observing the
10-22 construction or alteration;
10-23 (5) dishonest practice by one holding a registration
10-24 certificate; or
10-25 (6) for failing to timely provide plans and
10-26 specifications to the Texas Department of Licensing and Regulation
10-27 as required by Article 9102, Revised Statutes.
11-1 (i) If the person charged requests a hearing or fails timely
11-2 to respond to the notice, the board shall set a hearing and give
11-3 notice of the hearing. All proceedings under this subsection
11-4 relating to a person charged who holds a registration certificate
11-5 issued by the Board are subject to Chapter 2001, Government Code
11-6 [the Administrative Procedure and Texas Register Act (Article
11-7 6252-13a, Vernon's Texas Civil Statutes)].
11-8 (l) If the person charged holds a registration certificate
11-9 issued by the Board, the Board's order becomes final as provided by
11-10 Section 2001.144, Government Code. If the person charged does not
11-11 hold a registration certificate issued by the Board, the Board's
11-12 order becomes final on the 20th day after the date the order is
11-13 rendered. Within the 30 days after the date on which the Board's
11-14 order becomes final [as provided by Section 16(c), Administrative
11-15 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
11-16 Civil Statutes)], the person charged with the penalty shall pay the
11-17 penalty in full unless the person has filed a petition for judicial
11-18 review of the order.
11-19 (n) [Failure to comply timely with the requirements of
11-20 Subsection (m) of this section results in a waiver of all legal
11-21 rights to judicial review.] If the person charged fails to pay the
11-22 penalty in full as provided by Subsection (l) of this section or to
11-23 timely comply with Subsection (m) of this section, the Board may
11-24 forward the matter to the attorney general for enforcement.
11-25 (o) Judicial review of the order or decision of the Board
11-26 assessing the penalty shall be under the substantial evidence rule
11-27 and shall be instituted by filing a petition with a district court
12-1 in Travis County, as provided by Subchapter G, Chapter 2001,
12-2 Government Code [Section 19, Administrative Procedure and Texas
12-3 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
12-4 (q) A penalty collected under this section shall be
12-5 deposited [in the state treasury] to the credit of the general
12-6 revenue fund.
12-7 SECTION 1.12. Sections 12(c)-(h), Chapter 478, Acts of the
12-8 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
12-9 Texas Civil Statutes), are amended to read as follows:
12-10 (c) The Board shall set the required renewal fee [fees in
12-11 amounts not to exceed $75] for residents in an amount that is
12-12 reasonable and necessary to cover administrative costs plus $10.
12-13 The required renewal fee [nor $150] for nonresidents shall be in an
12-14 amount determined by the Board.
12-15 (d) Upon receipt of the required fee within the time and in
12-16 the manner provided by this section and receipt of proof
12-17 satisfactory to the Board of compliance with the continuing
12-18 education requirement of the Board, the designated officer or
12-19 employee of the Board shall issue to the registered architect a
12-20 certificate of renewal of his or her registration certificate for
12-21 the term of one year.
12-22 (e) A person may renew an unexpired registration certificate
12-23 by:
12-24 (1) paying to the Board before the expiration date the
12-25 required renewal fee; and
12-26 (2) submitting to the Board proof satisfactory to the
12-27 Board of compliance with the continuing education requirement of
13-1 the Board.
13-2 (f) If a person's registration has been expired for 90 days
13-3 or less, the person may renew the registration by:
13-4 (1) paying to the Board the unpaid [required] renewal
13-5 fee and a penalty fee in an amount determined by the Board; and
13-6 (2) submitting to the Board proof satisfactory to the
13-7 Board of compliance with the continuing education requirement of
13-8 the Board [that is one-half of the examination fee].
13-9 (g) If a person's registration has been expired for longer
13-10 than 90 days but less than one year, the person may renew the
13-11 registration by:
13-12 (1) paying to the Board the unpaid renewal fee and a
13-13 penalty fee in an amount determined by the Board; and
13-14 (2) submitting to the Board proof satisfactory to the
13-15 Board of compliance with the continuing education requirement of
13-16 the Board [that is equal to the examination fee for the
13-17 registration].
13-18 (h) If failure to renew continues for one year or longer
13-19 after the date of expiration of the certificate of registration,
13-20 such certificate to practice architecture in this State may be
13-21 revoked and an entry of such revocation made in the official
13-22 records of the Board; and thereafter the applicant may be required
13-23 in the discretion of the Board in each case to take and
13-24 satisfactorily pass such examination as may be prescribed by the
13-25 Board, and if the applicant passes such examination successfully
13-26 the fee to be paid upon the reinstatement of the registration
13-27 certificate shall be in an amount determined by the Board [equal to
14-1 the examination fee].
14-2 SECTION 1.13. Section 14, Chapter 478, Acts of the 45th
14-3 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
14-4 Civil Statutes), is amended to read as follows:
14-5 Sec. 14. EXCEPTIONS FROM ACT. The following persons shall
14-6 be exempt from the provisions of this Act, provided that such
14-7 persons do not in any manner represent themselves to be an
14-8 architect, architectural designer, or other title of profession or
14-9 business using some form of the word "Architect" as prohibited by
14-10 Section 13 of this Act:
14-11 1. a person who engages in or is employed in the
14-12 practice of architecture solely as an officer or employee of the
14-13 United States, but persons so engaged or employed shall not engage
14-14 in the private practice of architecture in this State without first
14-15 having a registration certificate as herein provided;
14-16 2. a person who is a legally qualified architect
14-17 residing in another State or country outside the border of the
14-18 United States, who does not maintain nor open offices in this
14-19 State, who agrees to perform or holds himself or herself out as
14-20 able to perform any of the professional services involved in the
14-21 practice of architecture, provided that when performing the
14-22 architectural service in this State, he or she employs a resident
14-23 registered architect of this State as a consultant, or acts as a
14-24 consultant of a registered architect in this State or first becomes
14-25 registered as an architect in this State as provided by this Act;
14-26 3. a person who prepares architectural plans and
14-27 specifications for or observes or supervises the alteration of any
15-1 building, provided the alteration will not involve structural or
15-2 exitway changes to the building which are substantial and major.
15-3 The plans and specifications for an alteration to a
15-4 building described in Subdivision (4) of this section may be
15-5 prepared by a person who is not a registered architect;
15-6 4. a person who prepares architectural plans and
15-7 specifications for or observes or supervises the construction,
15-8 enlargement, or alteration of a privately owned building which is:
15-9 (A) a building used primarily for farm, ranch,
15-10 or agricultural purposes or used primarily for storage of raw
15-11 agricultural commodities;
15-12 (B) a single-family or a dual-family dwelling
15-13 and any buildings and appurtenances associated with such dwelling;
15-14 (C) a multifamily dwelling that does not exceed
15-15 a height of two (2) stories and does not exceed sixteen (16) units
15-16 per building; or
15-17 (D) a building that does not exceed a height of
15-18 two (2) stories and does not exceed a square footage of 20,000
15-19 square feet [unless the building is described in Paragraphs (A) and
15-20 (B) of this subdivision;]
15-21 [(E) a building that does not exceed a square
15-22 footage of twenty thousand (20,000) square feet unless the building
15-23 is described in Paragraphs (A), (B), and (C) of this subdivision].
15-24 ARTICLE 2. REGULATION OF PRACTICE OF LANDSCAPE ARCHITECTURE
15-25 SECTION 2.01. Section 4(b), Chapter 457, Acts of the 61st
15-26 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
15-27 Civil Statutes), is amended to read as follows:
16-1 (b) The board may set a fee for any action of the board
16-2 involving an administrative expense in an amount that is reasonable
16-3 and necessary to cover the cost of the administration of this Act,
16-4 unless otherwise set by this Act or by the General Appropriations
16-5 Act. The board may accept payment of a fee by electronic means.
16-6 If a fee is paid by electronic means, the board may charge a fee
16-7 for processing the payment by electronic means. The board shall
16-8 set the processing fee in an amount that is reasonably related to
16-9 the expense incurred by the board in processing the payment by
16-10 electronic means, not to exceed five percent of the amount of the
16-11 fee.
16-12 SECTION 2.02. Section 5(a), Chapter 457, Acts of the 61st
16-13 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
16-14 Civil Statutes), is amended to read as follows:
16-15 (a) No person shall represent himself as a landscape
16-16 architect, as defined herein, unless such person holds a
16-17 certificate of registration as a landscape architect issued by the
16-18 board. A person must [has previously qualified to be registered
16-19 under this Act or] satisfactorily pass [passes] the examination as
16-20 may be prescribed by the board to be registered as provided herein.
16-21 Any [The following persons shall be qualified for registration and
16-22 receive a registration certificate: any] person who has graduated
16-23 from a landscape architectural educational program recognized and
16-24 [a degree from a school whose study of landscape architecture is]
16-25 approved by the board and has had satisfactory experience in
16-26 landscape architecture as required by rules adopted by the board [,
16-27 or shall have had not less than seven years' actual experience in
17-1 the office of a registered landscape architect,] may apply for
17-2 examination. The application must be accompanied by a registration
17-3 fee, set by the board in an amount that is reasonable and necessary
17-4 to defray administrative costs[, not to exceed $250]. The
17-5 examination shall be approved by the members of the board and shall
17-6 be given by the board at its office in Austin, Travis County,
17-7 Texas, or such other place as the board may determine or designate.
17-8 The scope of the examination and the methods of procedure shall be
17-9 prescribed by the board with special reference to the applicant's
17-10 ability which will insure safety to the public welfare and [the]
17-11 property rights.
17-12 SECTION 2.03. Sections 7(d)-(h), Chapter 457, Acts of the
17-13 61st Legislature, Regular Session, 1969 (Article 249c, Vernon's
17-14 Texas Civil Statutes), are amended to read as follows:
17-15 (d) Upon receipt of the required fee within the time and in
17-16 the manner provided by this section and receipt of proof
17-17 satisfactory to the board of compliance with the continuing
17-18 education requirement of the board, the designated officer or
17-19 employee of the board shall issue to the licensed landscape
17-20 architect a certificate of renewal of his registration certificate
17-21 for the term of one year.
17-22 (e) A person may renew an unexpired registration certificate
17-23 by:
17-24 (1) paying to the board before the expiration date the
17-25 required renewal fee; and
17-26 (2) submitting to the board proof satisfactory to the
17-27 board of compliance with the continuing education requirement of
18-1 the board.
18-2 (f) If a person's registration has been expired for 90 days
18-3 or less, the person may renew the registration by:
18-4 (1) paying to the board all unpaid [the required]
18-5 renewal fees [fee] and a penalty fee in an amount determined by the
18-6 board; and
18-7 (2) submitting to the board proof satisfactory to the
18-8 board of compliance with the continuing education requirement of
18-9 the board [that is one-half of the examination fee].
18-10 (g) If a person's registration has been expired for longer
18-11 than 90 days but less than one year, the person may renew the
18-12 registration by:
18-13 (1) paying to the board all unpaid renewal fees and a
18-14 penalty fee in an amount determined by the board; and
18-15 (2) submitting to the board proof satisfactory to the
18-16 board of compliance with the continuing education requirement of
18-17 the board [that is equal to the examination fee for the
18-18 registration].
18-19 (h) If failure to renew continues for one year or longer
18-20 after the date of expiration of the certificate of registration,
18-21 the certificate may be revoked after notice and hearing as provided
18-22 by this Act and an entry of the revocation made in the official
18-23 records of the board. The board may require an applicant for
18-24 renewal whose registration has been revoked under this subsection
18-25 to pass the registration examination. If the applicant passes the
18-26 examination, the registration may be renewed on payment of a fee in
18-27 an amount determined by the board [equal to the examination fee].
19-1 SECTION 2.04. Section 8, Chapter 457, Acts of the 61st
19-2 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
19-3 Civil Statutes), is amended by amending Subsections (a) and (c)-(e)
19-4 and adding Subsections (f)-(q) to read as follows:
19-5 (a) The board may [shall] revoke or suspend a [the]
19-6 certificate of registration, place on probation a person whose
19-7 certificate of registration has been suspended, [or] reprimand a
19-8 person registered under this Act, or assess an administrative
19-9 penalty against a person, regardless of the person's registration
19-10 status, in an amount not to exceed $1,000 on the following grounds:
19-11 (1) Violations of provisions of this Act or of a rule
19-12 of the board adopted under this Act;
19-13 (2) The practice of any fraud or deceit in obtaining a
19-14 certificate of registration;
19-15 (3) Any gross negligence, incompetency, or misconduct
19-16 in the practice of landscape architecture;
19-17 (4) Holding himself out to the public or any member
19-18 thereof as an engineer or making use of the words "engineer,"
19-19 "engineered," "professional engineer," "P.E.," or any other terms
19-20 tending to create the impression that such registrant is authorized
19-21 to practice engineering or any other profession unless he is
19-22 licensed under provisions of the Texas Engineering Practice Act or
19-23 the other applicable licensing laws of this state.
19-24 (5) Holding himself out to the public or any member
19-25 thereof as a surveyor or making use of the words "surveyor,"
19-26 "surveyed," "registered professional land surveyor," or any other
19-27 terms tending to create the impression that such registrant is
20-1 authorized to practice surveying or any other profession unless he
20-2 is licensed under the Professional Land Surveying Practices Act
20-3 (Article 5282c, Vernon's Texas Civil Statutes) or the other
20-4 applicable licensing laws of this state.
20-5 (c) A resident of this state may file with the [secretary of
20-6 the] board a written statement charging a registrant with grounds
20-7 for the discipline of the [a] registrant. The statement must be
20-8 verified [and filed with three copies]. Upon receipt of a
20-9 statement charging grounds for discipline, the board shall
20-10 investigate the charges to determine whether they support
20-11 disciplinary sanctions.
20-12 (d) If the board proposes to suspend or revoke a person's
20-13 certificate of registration, the person is entitled to a hearing
20-14 before the board or a hearings officer appointed by the board. The
20-15 board shall prescribe procedures by which all decisions to suspend
20-16 or revoke are made by or are appealable to the board.
20-17 (e) If, after investigation of the facts surrounding an
20-18 allegation of a ground for a sanction provided by this section, the
20-19 executive director determines that a ground exists for a sanction,
20-20 the executive director may issue a report stating the facts on
20-21 which the determination that a ground exists for a sanction is
20-22 based, recommending that an administrative penalty under this
20-23 section be imposed on the person charged, and recommending the
20-24 amount of that proposed penalty. The executive director shall base
20-25 the recommended amount of the proposed penalty on the seriousness
20-26 of the determined ground. The seriousness of the ground shall be
20-27 determined by consideration of the factors prescribed by Subsection
21-1 (j) of this section.
21-2 (f) Not later than the 14th day after the date on which the
21-3 report is issued, the executive director shall give written notice
21-4 of the report to the person charged. The notice shall include a
21-5 brief summary of the charges, a statement of the amount of the
21-6 penalty recommended, and a statement of the right of the person
21-7 charged to a hearing on the occurrence of a ground for the penalty
21-8 or on the amount of the penalty, or both the occurrence of the
21-9 ground and the amount of the penalty.
21-10 (g) Not later than the 20th day after the date on which the
21-11 notice is received, the person charged may accept the determination
21-12 of the executive director, including the recommended penalty, or
21-13 may make a request for a hearing on the determination.
21-14 (h) If the person charged accepts the determination of the
21-15 executive director, the board shall issue an order approving the
21-16 determination and ordering the payment of the recommended penalty.
21-17 (i) If the person charged requests a hearing or fails timely
21-18 to respond to the notice, the board shall set a hearing and give
21-19 notice of the hearing. All proceedings under this subsection
21-20 relating to a person charged who holds a registration certificate
21-21 issued by the board are subject to Chapter 2001, Government Code.
21-22 (j) In determining the amount of the penalty, the board
21-23 shall consider:
21-24 (1) the seriousness of the conduct that is the source
21-25 of the ground, including consideration of the nature,
21-26 circumstances, extent, and gravity of any relevant acts or
21-27 omissions, and of the hazard or potential hazard created to the
22-1 health or safety of the public;
22-2 (2) the economic damage to property caused by the
22-3 conduct;
22-4 (3) the charged person's history concerning previous
22-5 grounds for sanction;
22-6 (4) the amount necessary to deter future grounds for
22-7 sanction;
22-8 (5) efforts to correct the ground for sanction; and
22-9 (6) any other matter justice may require.
22-10 (k) The executive director shall give notice of the board's
22-11 order to the person charged. The notice must include:
22-12 (1) the findings of fact and conclusions of law,
22-13 separately stated;
22-14 (2) the amount of the penalty ordered, if any;
22-15 (3) a statement of the right of the person charged to
22-16 judicial review of the board's order; and
22-17 (4) other information required by law.
22-18 (l) If the person charged holds a registration certificate
22-19 issued by the board, the board's order becomes final as provided by
22-20 Section 2001.144, Government Code. If the person charged does not
22-21 hold a registration certificate issued by the board, the board's
22-22 order becomes final on the 20th day after the date the order is
22-23 rendered. Within the 30 days after the date on which the board's
22-24 order becomes final, the person charged with the penalty shall pay
22-25 the penalty in full unless the person has filed a petition for
22-26 judicial review of the order.
22-27 (m) If the person files a petition for judicial review
23-1 contesting the amount of the penalty or the occurrence of the
23-2 ground for sanction, or both, the person shall, within 30 days
23-3 after the date on which the board's order becomes final:
23-4 (1) forward the amount of the penalty to the board for
23-5 placement in an escrow account;
23-6 (2) post with the board a supersedeas bond in a form
23-7 approved by the board for the amount of the penalty, the bond to be
23-8 effective until all judicial review of the order or decision is
23-9 final; or
23-10 (3) file with the board an affidavit sworn by the
23-11 person charged stating that the person is financially unable to
23-12 forward the amount of the penalty or to post the bond.
23-13 (n) If the person charged fails to pay the penalty in full
23-14 as provided by Subsection (l) of this section or to timely comply
23-15 with Subsection (m) of this section, the board may forward the
23-16 matter to the attorney general for enforcement.
23-17 (o) Judicial review of the order or decision of the board
23-18 assessing the penalty shall be under the substantial evidence rule
23-19 and shall be instituted by filing a petition with a district court
23-20 in Travis County, as provided by Subchapter G, Chapter 2001,
23-21 Government Code.
23-22 (p) If a penalty is reduced or is not assessed by the
23-23 reviewing court, the board shall remit to the person charged the
23-24 appropriate amount plus accrued interest if the penalty has been
23-25 paid or shall execute a release of the bond if a supersedeas bond
23-26 has been posted. The accrued interest on amounts remitted by the
23-27 board under this subsection shall be paid at a rate equal to the
24-1 rate charged on loans to depository institutions by the New York
24-2 Federal Reserve Bank and shall be paid for the period beginning on
24-3 the date the penalty is paid to the board under Subsection (l) of
24-4 this section and ending on the date the fine is remitted.
24-5 (q) A penalty collected under this section shall be
24-6 deposited to the credit of the general revenue fund. [The
24-7 secretary of the board shall cause a copy of the board's order
24-8 setting the time and place of the hearing and a copy of the
24-9 information contained in the written charges to be served upon the
24-10 accused at least 30 days before the date appointed in the order for
24-11 the hearing. The accused may appear in person or by counsel or
24-12 both, at the time and place named in the order and make his defense
24-13 to the same. The board shall have the power, through its chairman
24-14 or secretary, to administer oaths and compel the attendance of
24-15 witnesses before it as in civil cases in the district court, by
24-16 subpoena issued over the signature of the secretary and the seal of
24-17 the board.]
24-18 [(e) Any person who may feel himself aggrieved by reason of
24-19 the suspension or revocation of his certificate of registration of
24-20 the board, as hereinabove authorized, shall have the right to file
24-21 suit within 30 days of receiving notice of the board's order
24-22 suspending or revoking his certificate of registration in the
24-23 district court in the county of his residence or the county in
24-24 which the alleged events relied upon, and grounds for the
24-25 suspension or revocation, took place, to annul or vacate the order
24-26 of the board; said suit to be filed against the board as
24-27 defendant, and service of process may be had upon its chairman or
25-1 secretary. The only issues to be tried in such cause shall be
25-2 whether such person has been guilty as originally found by the
25-3 board, which issue shall be by trial de novo, as that term is
25-4 commonly used in connection with an appeal from the justice of the
25-5 peace court to the county court, and the substantial evidence rule
25-6 shall not apply.]
25-7 SECTION 2.05. Chapter 457, Acts of the 61st Legislature,
25-8 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
25-9 Statutes), is amended by adding Section 8D to read as follows:
25-10 Sec. 8D. SEAL. (a) Each landscape architect shall obtain
25-11 and keep a seal with which the person shall stamp or impress each
25-12 drawing or specification issued from the person's office for use in
25-13 this state.
25-14 (b) The board shall prescribe the form of the seal. The
25-15 design of the seal shall be the same as that used by the board,
25-16 except that it shall bear the words "Registered Landscape
25-17 Architect, State of Texas" instead of "Texas Board of Architectural
25-18 Examiners."
25-19 (c) A person may not use or attempt to use a seal described
25-20 by Subsection (b) of this section, a similar seal, or a replica of
25-21 a seal described by Subsection (b) of this section unless the use
25-22 is by and through a landscape architect.
25-23 (d) A landscape architect may not authorize or permit the
25-24 use of the landscape architect's seal by an unregistered person
25-25 without the landscape architect's personal supervision. The board
25-26 may cancel the registration certificate of a landscape architect
25-27 who violates this subsection.
26-1 SECTION 2.06. Section 9(a), Chapter 457, Acts of the 61st
26-2 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
26-3 Civil Statutes), is amended to read as follows:
26-4 (a) A person may not represent the person [who represents
26-5 himself] to be a landscape architect in this state without being
26-6 registered or exempted in accordance with the provisions of this
26-7 Act, present or attempt [any person presenting or attempting] to
26-8 use as the person's [his] own[,] the certificate of registration or
26-9 the seal of another, [or any person who shall] give any false or
26-10 forged evidence of any kind to the board or to any member thereof
26-11 in obtaining or assisting in attaining for another a certificate of
26-12 registration, or [any person who shall] violate any other provision
26-13 [of the provisions] of this Act. A person who violates this
26-14 section is subject to the penalties provided by Section 8 of this
26-15 Act[, shall be fined not less than $25 nor more than $200]. Each
26-16 day of such violation shall be a separate violation [offense].
26-17 SECTION 2.07. Section 10(b), Chapter 457, Acts of the 61st
26-18 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
26-19 Civil Statutes), is amended to read as follows:
26-20 (b) All sums of money paid to the board under the provisions
26-21 of this Act[,] shall be deposited to the credit of [in] the General
26-22 Revenue [Architectural Examiners] Fund.
26-23 SECTION 2.08. Chapter 457, Acts of the 61st Legislature,
26-24 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
26-25 Statutes), is amended by adding Section 11 to read as follows:
26-26 Sec. 11. SUBPOENA. (a) The board may request and, if
26-27 necessary, compel by subpoena the attendance of witnesses for
27-1 examination under oath and the production for inspection and
27-2 copying of books, accounts, records, papers, correspondence,
27-3 documents, and other evidence relevant to the investigation of
27-4 alleged violations of this Act.
27-5 (b) If a person fails to comply with a subpoena issued under
27-6 this section, the board, acting through the attorney general, may
27-7 file suit to enforce the subpoena in a district court in Travis
27-8 County or in the county in which a hearing conducted by the board
27-9 may be held. The court, if it determines that good cause exists
27-10 for the issuance of the subpoena, shall order compliance with the
27-11 requirements of the subpoena. Failure to obey the order of the
27-12 court may be punished by the court as contempt.
27-13 ARTICLE 3. REGULATION OF PRACTICE OF INTERIOR DESIGN
27-14 SECTION 3.01. Section 5, Article 249e, Revised Statutes, is
27-15 amended by amending Subsection (d) and adding Subsection (h) to
27-16 read as follows:
27-17 (d) The board shall adopt rules consistent with this article
27-18 for the general administration of its provisions as provided by
27-19 Chapters 2001 and 2002, Government Code [the Administrative
27-20 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
27-21 Civil Statutes)].
27-22 (h) The board may request and, if necessary, compel by
27-23 subpoena the attendance of witnesses for examination under oath and
27-24 the production for inspection and copying of books, accounts,
27-25 records, papers, correspondence, documents, and other evidence
27-26 relevant to the investigation of alleged violations of this
27-27 article. If a person fails to comply with a subpoena issued under
28-1 this subsection, the board, acting through the attorney general,
28-2 may file suit to enforce the subpoena in a district court in Travis
28-3 County or in the county in which a hearing conducted by the board
28-4 may be held. The court, if it determines that good cause exists
28-5 for the issuance of the subpoena, shall order compliance with the
28-6 requirements of the subpoena. Failure to obey the order of the
28-7 court may be punished by the court as contempt.
28-8 SECTION 3.02. Section 6, Article 249e, Revised Statutes, is
28-9 amended by amending Subsections (a) and (b) and adding Subsection
28-10 (d) to read as follows:
28-11 (a) All fees received by the board under this article shall
28-12 be deposited to the credit of the general revenue [architectural
28-13 examiners] fund [and may be spent by the board only in the
28-14 administration of its statutory powers and duties].
28-15 (b) The board shall set the following fees, unless otherwise
28-16 set in the General Appropriations Act, in amounts that are
28-17 reasonable and necessary to cover the costs of the administration
28-18 of this article:
28-19 (1) a registration application fee [in an amount not
28-20 to exceed $100];
28-21 (2) an annual registration renewal fee [in an amount
28-22 not to exceed $100];
28-23 (3) a reciprocal registration fee [in an amount not to
28-24 exceed $100]; and
28-25 (4) an examination fee.
28-26 (d) The board may accept payment of a fee by electronic
28-27 means. If a fee is paid by electronic means, the board may charge
29-1 a fee for processing the payment by electronic means. The board
29-2 shall set the processing fee in an amount that is reasonably
29-3 related to the expense incurred by the board in processing the
29-4 payment by electronic means, not to exceed five percent of the
29-5 amount of the fee.
29-6 SECTION 3.03. Sections 9(b), (c), and (d), Article 249e,
29-7 Revised Statutes, are amended to read as follows:
29-8 (b) The application for admission to the registration
29-9 examination must be accompanied by evidence satisfactory to the
29-10 board that the applicant[:]
29-11 [(1) has engaged in professional education in interior
29-12 design and has experience in the field of interior design for
29-13 periods that, when combined, total at least six years; or]
29-14 [(2)] has graduated from an interior design
29-15 educational program recognized and approved by the board and has
29-16 [at least one year of] professional experience in the field of
29-17 interior design.
29-18 (c) [In determining eligibility for the examination under
29-19 Subsection (b)(1) of this section, the board may not give credit
29-20 for more than five years of professional education.]
29-21 [(d)] The board shall adopt rules establishing standards
29-22 for:
29-23 (1) the amounts and types of professional [education
29-24 and] experience necessary for registration examination eligibility;
29-25 and
29-26 (2) the recognition and approval of interior design
29-27 educational programs.
30-1 SECTION 3.04. Sections 14(b), (c), and (e), Article 249e,
30-2 Revised Statutes, are amended to read as follows:
30-3 (b) If a person's registration certificate has been expired
30-4 for 90 days or less, the person may renew the registration by:
30-5 (1) paying to the board the unpaid [required] renewal
30-6 fee and a penalty fee in an amount determined by the board; and
30-7 (2) submitting to the board proof satisfactory to the
30-8 board of compliance with the continuing education requirement of
30-9 the board [that is one-half of the registration examination fee].
30-10 (c) If a person's registration certificate has been expired
30-11 for longer than 90 days but less than one year, the person may
30-12 renew the registration by:
30-13 (1) paying to the board the unpaid renewal fee and a
30-14 penalty fee in an amount determined by the board; and
30-15 (2) submitting to the board proof satisfactory to the
30-16 board of compliance with the continuing education requirement of
30-17 the board [that is equal to the registration examination fee].
30-18 (e) If failure to renew continues for one year or longer
30-19 after the date of expiration of the registration certificate, the
30-20 certificate may be revoked. The board may require an applicant for
30-21 renewal whose registration has been revoked under this subsection
30-22 to pass the registration examination. If the applicant passes the
30-23 examination, the registration may be renewed on payment of a fee in
30-24 an amount determined by the board [equal to the examination fee].
30-25 SECTION 3.05. Article 249e, Revised Statutes, is amended by
30-26 adding Section 17 to read as follows:
30-27 Sec. 17. ADMINISTRATIVE PENALTY. (a) The board may assess
31-1 an administrative penalty against a person on a ground provided by
31-2 Section 15(a) of this article, including a violation of Section 3
31-3 of this article.
31-4 (b) If, after investigation of the facts surrounding an
31-5 allegation of a ground for a sanction provided by Section 15(a) of
31-6 this article, including a violation of Section 3 of this article,
31-7 the executive director determines that a ground exists for a
31-8 sanction, the executive director may issue a report stating the
31-9 facts on which the determination that a ground exists for a
31-10 sanction is based, recommending that an administrative penalty
31-11 under this section be imposed on the person charged, and
31-12 recommending the amount of that proposed penalty. The executive
31-13 director shall base the recommended amount of the proposed penalty
31-14 on the seriousness of the determined ground. The seriousness of
31-15 the ground shall be determined by consideration of the factors
31-16 prescribed by Subsection (g) of this section.
31-17 (c) Not later than the 14th day after the date on which the
31-18 report is issued, the executive director shall give written notice
31-19 of the report to the person charged. The notice shall include a
31-20 brief summary of the charges, a statement of the amount of the
31-21 penalty recommended, and a statement of the right of the person
31-22 charged to a hearing on the occurrence of a ground for the penalty
31-23 or on the amount of the penalty, or both the occurrence of the
31-24 ground and the amount of the penalty.
31-25 (d) Not later than the 20th day after the date on which the
31-26 notice is received, the person charged may accept the determination
31-27 of the executive director, including the recommended penalty, or
32-1 may make a request for a hearing on the determination.
32-2 (e) If the person charged accepts the determination of the
32-3 executive director, the board shall issue an order approving the
32-4 determination and ordering the payment of the recommended penalty.
32-5 (f) If the person charged requests a hearing or fails timely
32-6 to respond to the notice, the board shall set a hearing and give
32-7 notice of the hearing. All proceedings under this subsection
32-8 relating to a person charged who holds a registration certificate
32-9 issued by the board are subject to Chapter 2001, Government Code.
32-10 (g) In determining the amount of the penalty, the board
32-11 shall consider:
32-12 (1) the seriousness of the conduct that is the source
32-13 of the ground, including consideration of the nature,
32-14 circumstances, extent, and gravity of any relevant acts or
32-15 omissions, and of the hazard or potential hazard created to the
32-16 health or safety of the public;
32-17 (2) the economic damage to property caused by the
32-18 conduct;
32-19 (3) the charged person's history concerning previous
32-20 grounds for sanction;
32-21 (4) the amount necessary to deter future grounds for
32-22 sanction;
32-23 (5) efforts to correct the ground for sanction; and
32-24 (6) any other matter justice may require.
32-25 (h) The executive director shall give notice of the board's
32-26 order to the person charged. The notice must include:
32-27 (1) the findings of fact and conclusions of law,
33-1 separately stated;
33-2 (2) the amount of the penalty ordered, if any;
33-3 (3) a statement of the right of the person charged to
33-4 judicial review of the board's order; and
33-5 (4) other information required by law.
33-6 (i) If the person charged holds a registration certificate
33-7 issued by the board, the board's order becomes final as provided by
33-8 Section 2001.144, Government Code. If the person charged does not
33-9 hold a registration certificate issued by the board, the board's
33-10 order becomes final on the 20th day after the date the order is
33-11 rendered. Within the 30 days after the date on which the board's
33-12 order becomes final, the person charged with the penalty shall pay
33-13 the penalty in full unless the person has filed a petition for
33-14 judicial review of the order.
33-15 (j) If the person files a petition for judicial review
33-16 contesting the amount of the penalty or the occurrence of the
33-17 ground for sanction, or both, the person shall, within 30 days
33-18 after the date on which the board's order becomes final:
33-19 (1) forward the amount of the penalty to the board for
33-20 placement in an escrow account;
33-21 (2) post with the board a supersedeas bond in a form
33-22 approved by the board for the amount of the penalty, the bond to be
33-23 effective until all judicial review of the order or decision is
33-24 final; or
33-25 (3) file with the board an affidavit sworn by the
33-26 person charged stating that the person is financially unable to
33-27 forward the amount of the penalty or to post the bond.
34-1 (k) If the person charged fails to pay the penalty in full
34-2 as provided by Subsection (i) of this section or to timely comply
34-3 with Subsection (j) of this section, the board may forward the
34-4 matter to the attorney general for enforcement.
34-5 (l) Judicial review of the order or decision of the board
34-6 assessing the penalty shall be under the substantial evidence rule
34-7 and shall be instituted by filing a petition with a district court
34-8 in Travis County, as provided by Subchapter G, Chapter 2001,
34-9 Government Code.
34-10 (m) If a penalty is reduced or is not assessed by the
34-11 reviewing court, the board shall remit to the person charged the
34-12 appropriate amount plus accrued interest if the penalty has been
34-13 paid or shall execute a release of the bond if a supersedeas bond
34-14 has been posted. The accrued interest on amounts remitted by the
34-15 board under this subsection shall be paid at a rate equal to the
34-16 rate charged on loans to depository institutions by the New York
34-17 Federal Reserve Bank and shall be paid for the period beginning on
34-18 the date the penalty is paid to the board under Subsection (i) of
34-19 this section and ending on the date the fine is remitted.
34-20 (n) A penalty collected under this section shall be
34-21 deposited to the credit of the general revenue fund.
34-22 ARTICLE 4. TRANSITION; EFFECTIVE DATE; EMERGENCY
34-23 SECTION 4.01. (a) The change in law made by Section 1.08 of
34-24 this Act applies only to an applicant who has not begun obtaining
34-25 architectural schooling or experience described by Section 7(c),
34-26 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
34-27 (Article 249a, Vernon's Texas Civil Statutes), before the effective
35-1 date of this Act. An applicant who has begun obtaining
35-2 architectural schooling or experience described by that subsection
35-3 before the effective date of this Act is governed by the law as it
35-4 existed immediately before the effective date of this Act, and that
35-5 law is continued in effect for that purpose.
35-6 (b) The change in law made by Section 2.02 of this Act
35-7 applies only to an applicant who has not begun obtaining
35-8 professional education or experience described by Section 5(a),
35-9 Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
35-10 (Article 249c, Vernon's Texas Civil Statutes), before the effective
35-11 date of this Act. An applicant who has begun obtaining
35-12 professional education or experience described by that subsection
35-13 before the effective date of this Act is governed by the law as it
35-14 existed immediately before the effective date of this Act, and that
35-15 law is continued in effect for that purpose.
35-16 (c) The change in law made by Section 3.03 of this Act
35-17 applies only to an applicant who has not begun obtaining
35-18 professional education or experience described by Section 9(b)(1),
35-19 Article 249e, Revised Statutes, before the effective date of this
35-20 Act. An applicant who has begun obtaining professional education
35-21 or experience described by that subsection before the effective
35-22 date of this Act is governed by the law as it existed immediately
35-23 before the effective date of this Act, and that law is continued in
35-24 effect for that purpose.
35-25 SECTION 4.02. This Act takes effect September 1, 1999.
35-26 SECTION 4.03. The importance of this legislation and the
35-27 crowded condition of the calendars in both houses create an
36-1 emergency and an imperative public necessity that the
36-2 constitutional rule requiring bills to be read on three several
36-3 days in each house be suspended, and this rule is hereby suspended.