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 require [may recognize, prepare, or
3-19 administer] continuing education programs for architects, interior
3-20 designers, and [or] landscape architects, and may include courses
3-21 applicable to health, safety, or welfare as a condition of
3-22 registration renewal for architects, interior designers, and
3-23 landscape architects. The Board may recognize the programs of
3-24 nationally acknowledged organizations involved in providing,
3-25 recording, or approving postgraduate education. In addition, the
3-26 Board may recognize any other sponsoring organization or individual
3-27 whose presentations are approved by the Board as qualifying in
4-1 design or construction health, safety, or welfare. The Board may
4-2 include programs relating to barrier free design. Participation in
4-3 the programs selected under this provision is mandatory
4-4 [voluntary].
4-5 (h) The Board may set a fee for any action of the Board
4-6 involving an administrative expense in an amount that is reasonable
4-7 and necessary to cover the cost of the administration of this Act,
4-8 unless otherwise set by this Act or by the General Appropriations
4-9 Act. The Board may accept payment of a fee by electronic means.
4-10 If a fee is paid by electronic means, the Board may charge a fee
4-11 for processing the payment by electronic means. The Board shall
4-12 set the processing fee in an amount that is reasonably related to
4-13 the expense incurred by the Board in processing the payment by
4-14 electronic means, not to exceed five percent of the amount of the
4-15 fee.
4-16 (i) The Board is subject to the open meetings law, Chapter
4-17 551, Government Code [271, Acts of the 60th Legislature, Regular
4-18 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
4-19 Statutes)], and Chapters 2001 and 2002, Government Code [the
4-20 Administrative Procedure and Texas Register Act, as amended
4-21 (Article 6252-13a, Vernon's Texas Civil Statutes)].
4-22 (j) The Board may request and, if necessary, compel by
4-23 subpoena the attendance of witnesses for examination under oath and
4-24 the production for inspection and copying of books, accounts,
4-25 records, papers, correspondence, documents, and other evidence
4-26 relevant to the investigation of alleged violations of this Act.
4-27 If a person fails to comply with a subpoena issued under this
5-1 subsection, the Board, acting through the attorney general, may
5-2 file suit to enforce the subpoena in a district court in Travis
5-3 County or in the county in which a hearing conducted by the Board
5-4 may be held. The court, if it determines that good cause exists
5-5 for the issuance of the subpoena, shall order compliance with the
5-6 requirements of the subpoena. Failure to obey the order of the
5-7 court may be punished by the court as contempt.
5-8 SECTION 1.03. Section 4(a), Chapter 478, Acts of the 45th
5-9 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
5-10 Civil Statutes), is amended to read as follows:
5-11 (a) All fees collected or money derived under the provisions
5-12 of this Act shall be received and accounted for by the executive
5-13 director [secretary-treasurer]. All of these funds which are
5-14 received shall be paid daily [weekly] to the comptroller [State
5-15 Comptroller, who shall keep this money in a separate fund to be
5-16 known as the Architectural Examiners Fund. This fund may be used
5-17 only for the administration of the powers and duties of the Board
5-18 and shall be paid out only by warrants of the State Comptroller,
5-19 upon itemized vouchers, approved by the chairman or acting chairman
5-20 and attested by the secretary-treasurer of the Board.
5-21 Disbursements shall not in any way be a charge upon the General
5-22 Revenue Fund of this State].
5-23 SECTION 1.04. Section 4A, Chapter 478, Acts of the 45th
5-24 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
5-25 Civil Statutes), is amended to read as follows:
5-26 Sec. 4A. [(a)] Each member of the Board is entitled to the
5-27 per diem set by legislative appropriation for each day that the
6-1 member engages in the business of the Board. A member is entitled
6-2 to compensation for travel expenses, including food, lodging, and
6-3 transportation expenses, as provided by the General Appropriations
6-4 Act.
6-5 [(b) The per diem and expenses of the members of the Board
6-6 shall be paid from the Architectural Examiners Fund.]
6-7 [(c) General revenue funds may not be used for the
6-8 administration of this Act except as provided by the General
6-9 Appropriations Act.]
6-10 SECTION 1.05. Section 4C(a), Chapter 478, Acts of the 45th
6-11 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-12 Civil Statutes), is amended to read as follows:
6-13 (a) Each of the following fees imposed by or under another
6-14 section of this Act is increased by $200:
6-15 (1) [fee for application for examination;]
6-16 [(2) fee for out-of-state application for examination;]
6-17 [(3)] fee for application for certificate by person
6-18 possessing a valid certificate or license to practice architecture
6-19 in another state; and
6-20 (2) [(4)] fee for renewal of certificate of
6-21 registration.
6-22 SECTION 1.06. Section 5(d), Chapter 478, Acts of the 45th
6-23 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-24 Civil Statutes), is amended to read as follows:
6-25 (d) The Board shall adopt rules to prevent a person
6-26 regulated by the Board from submitting a competitive bid to, or
6-27 soliciting a competitive bid on behalf of, a governmental entity
7-1 that is prohibited by Subchapter A, Chapter 2254, Government Code,
7-2 from making a selection or awarding a contract on the basis of
7-3 competitive bids, and the Board may not otherwise adopt rules
7-4 restricting competitive bidding or advertising by a person
7-5 regulated by the Board except to prohibit false, misleading, or
7-6 deceptive practices by the person. The Board may not include in
7-7 its rules to prohibit false, misleading, or deceptive practices by
7-8 a person regulated by the Board a rule that:
7-9 (1) restricts the use of any medium for advertising;
7-10 (2) restricts the person's personal appearance or the
7-11 use of the person's voice in an advertisement;
7-12 (3) relates to the size or duration of an
7-13 advertisement by the person; or
7-14 (4) restricts the person's advertisement under a trade
7-15 name.
7-16 SECTION 1.07. Section 5A(a), Chapter 478, Acts of the 45th
7-17 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
7-18 Civil Statutes), is amended to read as follows:
7-19 (a) The executive director or the executive director's
7-20 designee shall prepare and maintain a written policy statement to
7-21 assure implementation of a program of equal employment opportunity
7-22 under which all personnel transactions are made without regard to
7-23 race, color, disability [handicap], sex, religion, age, or national
7-24 origin. The policy statement must include:
7-25 (1) personnel policies, including policies relating to
7-26 recruitment, evaluation, selection, appointment, training, and
7-27 promotion of personnel;
8-1 (2) a comprehensive analysis of the Board work force
8-2 that meets federal and state guidelines;
8-3 (3) procedures by which a determination can be made of
8-4 significant underutilization in the Board work force of all persons
8-5 for whom federal or state guidelines encourage a more equitable
8-6 balance; and
8-7 (4) reasonable methods to appropriately address those
8-8 areas of significant underutilization.
8-9 SECTION 1.08. Section 6(a), Chapter 478, Acts of the 45th
8-10 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
8-11 Civil Statutes), is amended to read as follows:
8-12 (a) It shall be the duty of the [Texas] Board [of
8-13 Architectural Examiners] to hold meetings at least twice each year
8-14 at such times and places as the Board may determine for the purpose
8-15 of transacting its business and to examine all applicants for a
8-16 registration certificate for the practice of architecture in this
8-17 State on any subjects and procedures pertaining to architecture
8-18 which the Board in its discretion may require.
8-19 SECTION 1.09. Section 7, Chapter 478, Acts of the 45th
8-20 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
8-21 Civil Statutes), is amended to read as follows:
8-22 Sec. 7. [(a)] An applicant for examination for registration
8-23 as an architect in this State shall present a diploma from and be a
8-24 graduate of a recognized university or college of architecture
8-25 approved by the Board and shall also present evidence acceptable to
8-26 the Board of such applicant's having had satisfactory experience in
8-27 architecture, in the office or offices of one or more legally
9-1 practicing architects, as prescribed in the rules and regulations
9-2 adopted by the Board.
9-3 [(c) The Board shall also accept for examination, an
9-4 applicant, although not a graduate as above required, who possesses
9-5 all of the other qualifications and furnishes evidence acceptable
9-6 to the Board of his or her having completed not less than eight
9-7 years' satisfactory experience in architecture in the office or
9-8 offices of one or more legally practicing architects, or any
9-9 combination of architectural schooling and experience acceptable to
9-10 the Board totaling eight years.]
9-11 SECTION 1.10. Chapter 478, Acts of the 45th Legislature,
9-12 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
9-13 Statutes), is amended by adding Section 7A to read as follows:
9-14 Sec. 7A. (a) The Board shall deposit $10 of each
9-15 certificate of registration renewal fee collected under Section
9-16 11A(b) or 12(c) of this Act to the credit of the scholarship fund
9-17 for architectural examination applicants. The scholarship fund for
9-18 architectural examination applicants is an account in the general
9-19 revenue fund that may be appropriated only to the Board to:
9-20 (1) provide scholarships to persons applying under
9-21 Section 6(b) of this Act for examination; and
9-22 (2) pay the Board's associated administrative costs.
9-23 (b) Interest earned on the scholarship fund for
9-24 architectural examination applicants shall be credited to the fund.
9-25 (c) The Board may not use more than 15 percent of the amount
9-26 appropriated to the Board under Subsection (a) of this section to
9-27 pay the Board's administrative costs.
10-1 (d) The amount of each scholarship is the lesser of $500 or
10-2 the fee prescribed by the Board for the examination.
10-3 (e) The legislature finds that a public purpose of the state
10-4 is served by the scholarships awarded under this section by:
10-5 (1) promoting the professional needs of the state;
10-6 (2) increasing the number of highly trained and
10-7 educated registered architects available to serve the residents of
10-8 the state;
10-9 (3) improving the state's business environment and
10-10 encouraging economic development; and
10-11 (4) identifying, recognizing, and supporting
10-12 outstanding applicants who plan to pursue careers in architecture.
10-13 (f) The Board shall establish and administer scholarships in
10-14 a manner that the Board determines best serves the public purpose
10-15 of the scholarships. In determining what best promotes the public
10-16 purpose, the Board shall consider at a minimum the financial need
10-17 of each person applying for a scholarship under this section.
10-18 (g) The Board shall adopt rules as necessary for the
10-19 administration of this section.
10-20 SECTION 1.11. Section 8(b), Chapter 478, Acts of the 45th
10-21 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
10-22 Civil Statutes), is amended to read as follows:
10-23 (b) All applications under this Section shall be accompanied
10-24 by a fee prescribed by the Board in an amount that is reasonable
10-25 and necessary to cover the cost of [$150 payable to the Texas Board
10-26 of Architectural Examiners for the] processing and investigating
10-27 [of] the application [so filed] and issuing [for the issuance of]
11-1 the certificate herein provided for. The provisions of this
11-2 section shall apply only where the laws, legal requirements and
11-3 regulations of such other jurisdiction extend like or similar
11-4 privileges to practice architecture in such other jurisdiction to
11-5 registered architects of this State.
11-6 SECTION 1.12. Sections 11(b), (i), (l), (n), (o), and (q),
11-7 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
11-8 (Article 249a, Vernon's Texas Civil Statutes), are amended to read
11-9 as follows:
11-10 (b) The Board may revoke or suspend a registration
11-11 certificate, place on probation a person whose registration
11-12 certificate has been suspended, reprimand a person registered under
11-13 this Act, or assess an administrative penalty against a person,
11-14 regardless of the person's registration status, [registered under
11-15 this Act] in an amount not to exceed $1,000 on the following
11-16 grounds:
11-17 (1) a violation of this Act or of a rule of the Board
11-18 adopted under this Act;
11-19 (2) a cause for which the Board is authorized to
11-20 refuse to grant a registration certificate;
11-21 (3) gross incompetency;
11-22 (4) recklessness in the construction or alteration of
11-23 a building by an architect designing, planning, or observing the
11-24 construction or alteration;
11-25 (5) dishonest practice by one holding a registration
11-26 certificate; or
11-27 (6) for failing to timely provide plans and
12-1 specifications to the Texas Department of Licensing and Regulation
12-2 as required by Article 9102, Revised Statutes.
12-3 (i) If the person charged requests a hearing or fails timely
12-4 to respond to the notice, the board shall set a hearing and give
12-5 notice of the hearing. All proceedings under this subsection
12-6 relating to a person charged who holds a registration certificate
12-7 issued by the Board are subject to Chapter 2001, Government Code
12-8 [the Administrative Procedure and Texas Register Act (Article
12-9 6252-13a, Vernon's Texas Civil Statutes)].
12-10 (l) If the person charged holds a registration certificate
12-11 issued by the Board, the Board's order becomes final as provided by
12-12 Section 2001.144, Government Code. If the person charged does not
12-13 hold a registration certificate issued by the Board, the Board's
12-14 order becomes final on the 20th day after the date the order is
12-15 rendered. Within the 30 days after the date on which the Board's
12-16 order becomes final [as provided by Section 16(c), Administrative
12-17 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
12-18 Civil Statutes)], the person charged with the penalty shall pay the
12-19 penalty in full unless the person has filed a petition for judicial
12-20 review of the order.
12-21 (n) [Failure to comply timely with the requirements of
12-22 Subsection (m) of this section results in a waiver of all legal
12-23 rights to judicial review.] If the person charged fails to pay the
12-24 penalty in full as provided by Subsection (l) of this section or to
12-25 timely comply with Subsection (m) of this section, the Board may
12-26 forward the matter to the attorney general for enforcement.
12-27 (o) Judicial review of the order or decision of the Board
13-1 assessing the penalty shall be under the substantial evidence rule
13-2 and shall be instituted by filing a petition with a district court
13-3 in Travis County, as provided by Subchapter G, Chapter 2001,
13-4 Government Code [Section 19, Administrative Procedure and Texas
13-5 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
13-6 (q) A penalty collected under this section shall be
13-7 deposited [in the state treasury] to the credit of the general
13-8 revenue fund.
13-9 SECTION 1.13. Chapter 478, Acts of the 45th Legislature,
13-10 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
13-11 Statutes), is amended by adding Section 11A to read as follows:
13-12 Sec. 11A. (a) The Board by rule shall adopt a system by
13-13 which a registered architect may place the person's certificate of
13-14 registration on inactive status. A registered architect must
13-15 apply for inactive status, on a form prescribed by the Board,
13-16 before the expiration date of the person's certificate of
13-17 registration.
13-18 (b) A registered architect whose certificate of registration
13-19 is on inactive status must pay a certificate of registration
13-20 renewal fee of $10 on a date and in a manner prescribed by Board
13-21 rule.
13-22 (c) A registered architect whose certificate of registration
13-23 is on inactive status may not perform any activity regulated under
13-24 this Act.
13-25 (d) A registered architect whose certificate of registration
13-26 is on inactive status and who wishes to return to active practice
13-27 shall notify the Board in writing. The Board shall remove the
14-1 registered architect's certificate of registration from inactive
14-2 status on payment of an administrative fee and on compliance with
14-3 educational or other requirements established by Board rules.
14-4 SECTION 1.14. Section 12, Chapter 478, Acts of the 45th
14-5 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
14-6 Civil Statutes), is amended by amending Subsections (c)-(h) and by
14-7 adding Subsection (j) to read as follows:
14-8 (c) The Board shall set the required renewal fee [fees in
14-9 amounts not to exceed $75] for residents in an amount that is
14-10 reasonable and necessary to cover administrative costs plus $10.
14-11 The required renewal fee [nor $150] for nonresidents shall be in an
14-12 amount determined by the Board.
14-13 (d) Upon receipt of the required fee within the time and in
14-14 the manner provided by this section and receipt of proof
14-15 satisfactory to the Board of compliance with the continuing
14-16 education requirement of the Board, the designated officer or
14-17 employee of the Board shall issue to the registered architect a
14-18 certificate of renewal of his or her registration certificate for
14-19 the term of one year.
14-20 (e) A person may renew an unexpired registration certificate
14-21 by:
14-22 (1) paying to the Board before the expiration date the
14-23 required renewal fee; and
14-24 (2) submitting to the Board proof satisfactory to the
14-25 Board of compliance with the continuing education requirement of
14-26 the Board.
14-27 (f) If a person's registration has been expired for 90 days
15-1 or less, the person may renew the registration by:
15-2 (1) paying to the Board the unpaid [required] renewal
15-3 fee and a penalty fee in an amount determined by the Board; and
15-4 (2) submitting to the Board proof satisfactory to the
15-5 Board of compliance with the continuing education requirement of
15-6 the Board [that is one-half of the examination fee].
15-7 (g) If a person's registration has been expired for longer
15-8 than 90 days but less than one year, the person may renew the
15-9 registration by:
15-10 (1) paying to the Board the unpaid renewal fee and a
15-11 penalty fee in an amount determined by the Board; and
15-12 (2) submitting to the Board proof satisfactory to the
15-13 Board of compliance with the continuing education requirement of
15-14 the Board [that is equal to the examination fee for the
15-15 registration].
15-16 (h) If failure to renew continues for one year or longer
15-17 after the date of expiration of the certificate of registration,
15-18 such certificate to practice architecture in this State may be
15-19 revoked and an entry of such revocation made in the official
15-20 records of the Board; and thereafter the applicant may be required
15-21 in the discretion of the Board in each case to take and
15-22 satisfactorily pass such examination as may be prescribed by the
15-23 Board, and if the applicant passes such examination successfully
15-24 the fee to be paid upon the reinstatement of the registration
15-25 certificate shall be in an amount determined by the Board [equal to
15-26 the examination fee].
15-27 (j) A registered architect, as herein defined, who is, as of
16-1 September 1, 1999, a full-time faculty member or other permanent
16-2 employee of an institution of higher education, as defined in
16-3 Section 61.003, Education Code, and who in such position is engaged
16-4 in teaching architecture, shall be exempt from the continuing
16-5 education requirements of this Act.
16-6 SECTION 1.15. Section 14, Chapter 478, Acts of the 45th
16-7 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
16-8 Civil Statutes), is amended to read as follows:
16-9 Sec. 14. EXCEPTIONS FROM ACT. The following persons shall
16-10 be exempt from the provisions of this Act, provided that such
16-11 persons do not in any manner represent themselves to be an
16-12 architect, architectural designer, or other title of profession or
16-13 business using some form of the word "Architect" as prohibited by
16-14 Section 13 of this Act:
16-15 1. a person who engages in or is employed in the
16-16 practice of architecture solely as an officer or employee of the
16-17 United States, but persons so engaged or employed shall not engage
16-18 in the private practice of architecture in this State without first
16-19 having a registration certificate as herein provided;
16-20 2. a person who is a legally qualified architect
16-21 residing in another State or country outside the border of the
16-22 United States, who does not maintain nor open offices in this
16-23 State, who agrees to perform or holds himself or herself out as
16-24 able to perform any of the professional services involved in the
16-25 practice of architecture, provided that when performing the
16-26 architectural service in this State, he or she employs a resident
16-27 registered architect of this State as a consultant, or acts as a
17-1 consultant of a registered architect in this State or first becomes
17-2 registered as an architect in this State as provided by this Act;
17-3 3. a person who prepares architectural plans and
17-4 specifications for or observes or supervises the alteration of any
17-5 building, provided the alteration will not involve structural or
17-6 exitway changes to the building which are substantial and major.
17-7 The plans and specifications for an alteration to a
17-8 building described in Subdivision (4) of this section may be
17-9 prepared by a person who is not a registered architect;
17-10 4. a person who prepares architectural plans and
17-11 specifications for or observes or supervises the construction,
17-12 enlargement, or alteration of a privately owned building which is:
17-13 (A) a building used primarily for farm, ranch,
17-14 or agricultural purposes or used primarily for storage of raw
17-15 agricultural commodities;
17-16 (B) a single-family or a dual-family dwelling
17-17 and any buildings and appurtenances associated with such dwelling;
17-18 (C) a multifamily dwelling that does not exceed
17-19 a height of two (2) stories and does not exceed sixteen (16) units
17-20 per building; or
17-21 (D) a building that does not exceed a height of
17-22 two (2) stories and does not exceed a square footage of 20,000
17-23 square feet [unless the building is described in Paragraphs (A) and
17-24 (B) of this subdivision;]
17-25 [(E) a building that does not exceed a square
17-26 footage of twenty thousand (20,000) square feet unless the building
17-27 is described in Paragraphs (A), (B), and (C) of this subdivision].
18-1 ARTICLE 2. REGULATION OF PRACTICE OF LANDSCAPE ARCHITECTURE
18-2 SECTION 2.01. Section 4(b), Chapter 457, Acts of the 61st
18-3 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
18-4 Civil Statutes), is amended to read as follows:
18-5 (b) The board may set a fee for any action of the board
18-6 involving an administrative expense in an amount that is reasonable
18-7 and necessary to cover the cost of the administration of this Act,
18-8 unless otherwise set by this Act or by the General Appropriations
18-9 Act. The board may accept payment of a fee by electronic means.
18-10 If a fee is paid by electronic means, the board may charge a fee
18-11 for processing the payment by electronic means. The board shall
18-12 set the processing fee in an amount that is reasonably related to
18-13 the expense incurred by the board in processing the payment by
18-14 electronic means, not to exceed five percent of the amount of the
18-15 fee.
18-16 SECTION 2.02. Section 5(a), Chapter 457, Acts of the 61st
18-17 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
18-18 Civil Statutes), is amended to read as follows:
18-19 (a) No person shall represent himself as a landscape
18-20 architect, as defined herein, unless such person holds a
18-21 certificate of registration as a landscape architect issued by the
18-22 board. A person must [has previously qualified to be registered
18-23 under this Act or] satisfactorily pass [passes] the examination as
18-24 may be prescribed by the board to be registered as provided herein.
18-25 Any [The following persons shall be qualified for registration and
18-26 receive a registration certificate: any] person who has graduated
18-27 from a landscape architectural educational program recognized and
19-1 [a degree from a school whose study of landscape architecture is]
19-2 approved by the board and has had satisfactory experience in
19-3 landscape architecture as required by rules adopted by the board [,
19-4 or shall have had not less than seven years' actual experience in
19-5 the office of a registered landscape architect,] may apply for
19-6 examination. The application must be accompanied by a registration
19-7 fee, set by the board in an amount that is reasonable and necessary
19-8 to defray administrative costs[, not to exceed $250]. The
19-9 examination shall be approved by the members of the board and shall
19-10 be given by the board at its office in Austin, Travis County,
19-11 Texas, or such other place as the board may determine or designate.
19-12 The scope of the examination and the methods of procedure shall be
19-13 prescribed by the board with special reference to the applicant's
19-14 ability which will insure safety to the public welfare and [the]
19-15 property rights.
19-16 SECTION 2.03. Chapter 457, Acts of the 61st Legislature,
19-17 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
19-18 Statutes), is amended by adding Section 6A to read as follows:
19-19 Sec. 6A. INACTIVE STATUS. (a) The board by rule shall
19-20 adopt a system by which a registered landscape architect may place
19-21 the person's certificate of registration on inactive status. A
19-22 registered landscape architect must apply for inactive status, on a
19-23 form prescribed by the board, before the expiration date of the
19-24 person's certificate of registration.
19-25 (b) A registered landscape architect whose certificate of
19-26 registration is on inactive status is not required to pay
19-27 certificate of registration renewal fees.
20-1 (c) A registered landscape architect whose certificate of
20-2 registration is on inactive status may not perform any activity
20-3 regulated under this Act.
20-4 (d) A registered landscape architect whose certificate of
20-5 registration is on inactive status and who wishes to return to
20-6 active practice shall notify the board in writing. The board shall
20-7 remove the registered landscape architect's certificate of
20-8 registration from inactive status on payment of an administrative
20-9 fee and on compliance with educational or other requirements
20-10 established by board rules.
20-11 SECTION 2.04. Section 7, Chapter 457, Acts of the 61st
20-12 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
20-13 Civil Statutes), is amended by amending Subsections (d)-(h) and by
20-14 adding Subsection (i) to read as follows:
20-15 (d) Upon receipt of the required fee within the time and in
20-16 the manner provided by this section and receipt of proof
20-17 satisfactory to the board of compliance with the continuing
20-18 education requirement of the board, the designated officer or
20-19 employee of the board shall issue to the licensed landscape
20-20 architect a certificate of renewal of his registration certificate
20-21 for the term of one year.
20-22 (e) A person may renew an unexpired registration certificate
20-23 by:
20-24 (1) paying to the board before the expiration date the
20-25 required renewal fee; and
20-26 (2) submitting to the board proof satisfactory to the
20-27 board of compliance with the continuing education requirement of
21-1 the board.
21-2 (f) If a person's registration has been expired for 90 days
21-3 or less, the person may renew the registration by:
21-4 (1) paying to the board all unpaid [the required]
21-5 renewal fees [fee] and a penalty fee in an amount determined by the
21-6 board; and
21-7 (2) submitting to the board proof satisfactory to the
21-8 board of compliance with the continuing education requirement of
21-9 the board [that is one-half of the examination fee].
21-10 (g) If a person's registration has been expired for longer
21-11 than 90 days but less than one year, the person may renew the
21-12 registration by:
21-13 (1) paying to the board all unpaid renewal fees and a
21-14 penalty fee in an amount determined by the board; and
21-15 (2) submitting to the board proof satisfactory to the
21-16 board of compliance with the continuing education requirement of
21-17 the board [that is equal to the examination fee for the
21-18 registration].
21-19 (h) If failure to renew continues for one year or longer
21-20 after the date of expiration of the certificate of registration,
21-21 the certificate may be revoked after notice and hearing as provided
21-22 by this Act and an entry of the revocation made in the official
21-23 records of the board. The board may require an applicant for
21-24 renewal whose registration has been revoked under this subsection
21-25 to pass the registration examination. If the applicant passes the
21-26 examination, the registration may be renewed on payment of a fee in
21-27 an amount determined by the board [equal to the examination fee].
22-1 (i) A registered landscape architect, as herein defined, who
22-2 is, as of September 1, 1999, a full-time faculty member or other
22-3 permanent employee of an institution of higher education, as
22-4 defined in Section 61.003, Education Code, and who in such position
22-5 is engaged in teaching landscape architecture, shall be exempt from
22-6 the continuing education requirements of this Act.
22-7 SECTION 2.05. Section 8, Chapter 457, Acts of the 61st
22-8 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
22-9 Civil Statutes), is amended by amending Subsections (a) and (c)-(e)
22-10 and adding Subsections (f)-(q) to read as follows:
22-11 (a) The board may [shall] revoke or suspend a [the]
22-12 certificate of registration, place on probation a person whose
22-13 certificate of registration has been suspended, [or] reprimand a
22-14 person registered under this Act, or assess an administrative
22-15 penalty against a person, regardless of the person's registration
22-16 status, in an amount not to exceed $1,000 on the following grounds:
22-17 (1) Violations of provisions of this Act or of a rule
22-18 of the board adopted under this Act;
22-19 (2) The practice of any fraud or deceit in obtaining a
22-20 certificate of registration;
22-21 (3) Any gross negligence, incompetency, or misconduct
22-22 in the practice of landscape architecture;
22-23 (4) Holding himself out to the public or any member
22-24 thereof as an engineer or making use of the words "engineer,"
22-25 "engineered," "professional engineer," "P.E.," or any other terms
22-26 tending to create the impression that such registrant is authorized
22-27 to practice engineering or any other profession unless he is
23-1 licensed under provisions of the Texas Engineering Practice Act or
23-2 the other applicable licensing laws of this state.
23-3 (5) Holding himself out to the public or any member
23-4 thereof as a surveyor or making use of the words "surveyor,"
23-5 "surveyed," "registered professional land surveyor," or any other
23-6 terms tending to create the impression that such registrant is
23-7 authorized to practice surveying or any other profession unless he
23-8 is licensed under the Professional Land Surveying Practices Act
23-9 (Article 5282c, Vernon's Texas Civil Statutes) or the other
23-10 applicable licensing laws of this state.
23-11 (c) A resident of this state may file with the [secretary of
23-12 the] board a written statement charging a registrant with grounds
23-13 for the discipline of the [a] registrant. The statement must be
23-14 verified [and filed with three copies]. Upon receipt of a
23-15 statement charging grounds for discipline, the board shall
23-16 investigate the charges to determine whether they support
23-17 disciplinary sanctions.
23-18 (d) If the board proposes to suspend or revoke a person's
23-19 certificate of registration, the person is entitled to a hearing
23-20 before the board or a hearings officer appointed by the board. The
23-21 board shall prescribe procedures by which all decisions to suspend
23-22 or revoke are made by or are appealable to the board.
23-23 (e) If, after investigation of the facts surrounding an
23-24 allegation of a ground for a sanction provided by this section, the
23-25 executive director determines that a ground exists for a sanction,
23-26 the executive director may issue a report stating the facts on
23-27 which the determination that a ground exists for a sanction is
24-1 based, recommending that an administrative penalty under this
24-2 section be imposed on the person charged, and recommending the
24-3 amount of that proposed penalty. The executive director shall base
24-4 the recommended amount of the proposed penalty on the seriousness
24-5 of the determined ground. The seriousness of the ground shall be
24-6 determined by consideration of the factors prescribed by Subsection
24-7 (j) of this section.
24-8 (f) Not later than the 14th day after the date on which the
24-9 report is issued, the executive director shall give written notice
24-10 of the report to the person charged. The notice shall include a
24-11 brief summary of the charges, a statement of the amount of the
24-12 penalty recommended, and a statement of the right of the person
24-13 charged to a hearing on the occurrence of a ground for the penalty
24-14 or on the amount of the penalty, or both the occurrence of the
24-15 ground and the amount of the penalty.
24-16 (g) Not later than the 20th day after the date on which the
24-17 notice is received, the person charged may accept the determination
24-18 of the executive director, including the recommended penalty, or
24-19 may make a request for a hearing on the determination.
24-20 (h) If the person charged accepts the determination of the
24-21 executive director, the board shall issue an order approving the
24-22 determination and ordering the payment of the recommended penalty.
24-23 (i) If the person charged requests a hearing or fails timely
24-24 to respond to the notice, the board shall set a hearing and give
24-25 notice of the hearing. All proceedings under this subsection
24-26 relating to a person charged who holds a registration certificate
24-27 issued by the board are subject to Chapter 2001, Government Code.
25-1 (j) In determining the amount of the penalty, the board
25-2 shall consider:
25-3 (1) the seriousness of the conduct that is the source
25-4 of the ground, including consideration of the nature,
25-5 circumstances, extent, and gravity of any relevant acts or
25-6 omissions, and of the hazard or potential hazard created to the
25-7 health or safety of the public;
25-8 (2) the economic damage to property caused by the
25-9 conduct;
25-10 (3) the charged person's history concerning previous
25-11 grounds for sanction;
25-12 (4) the amount necessary to deter future grounds for
25-13 sanction;
25-14 (5) efforts to correct the ground for sanction; and
25-15 (6) any other matter justice may require.
25-16 (k) The executive director shall give notice of the board's
25-17 order to the person charged. The notice must include:
25-18 (1) the findings of fact and conclusions of law,
25-19 separately stated;
25-20 (2) the amount of the penalty ordered, if any;
25-21 (3) a statement of the right of the person charged to
25-22 judicial review of the board's order; and
25-23 (4) other information required by law.
25-24 (l) If the person charged holds a registration certificate
25-25 issued by the board, the board's order becomes final as provided by
25-26 Section 2001.144, Government Code. If the person charged does not
25-27 hold a registration certificate issued by the board, the board's
26-1 order becomes final on the 20th day after the date the order is
26-2 rendered. Within the 30 days after the date on which the board's
26-3 order becomes final, the person charged with the penalty shall pay
26-4 the penalty in full unless the person has filed a petition for
26-5 judicial review of the order.
26-6 (m) If the person files a petition for judicial review
26-7 contesting the amount of the penalty or the occurrence of the
26-8 ground for sanction, or both, the person shall, within 30 days
26-9 after the date on which the board's order becomes final:
26-10 (1) forward the amount of the penalty to the board for
26-11 placement in an escrow account;
26-12 (2) post with the board a supersedeas bond in a form
26-13 approved by the board for the amount of the penalty, the bond to be
26-14 effective until all judicial review of the order or decision is
26-15 final; or
26-16 (3) file with the board an affidavit sworn by the
26-17 person charged stating that the person is financially unable to
26-18 forward the amount of the penalty or to post the bond.
26-19 (n) If the person charged fails to pay the penalty in full
26-20 as provided by Subsection (l) of this section or to timely comply
26-21 with Subsection (m) of this section, the board may forward the
26-22 matter to the attorney general for enforcement.
26-23 (o) Judicial review of the order or decision of the board
26-24 assessing the penalty shall be under the substantial evidence rule
26-25 and shall be instituted by filing a petition with a district court
26-26 in Travis County, as provided by Subchapter G, Chapter 2001,
26-27 Government Code.
27-1 (p) If a penalty is reduced or is not assessed by the
27-2 reviewing court, the board shall remit to the person charged the
27-3 appropriate amount plus accrued interest if the penalty has been
27-4 paid or shall execute a release of the bond if a supersedeas bond
27-5 has been posted. The accrued interest on amounts remitted by the
27-6 board under this subsection shall be paid at a rate equal to the
27-7 rate charged on loans to depository institutions by the New York
27-8 Federal Reserve Bank and shall be paid for the period beginning on
27-9 the date the penalty is paid to the board under Subsection (l) of
27-10 this section and ending on the date the fine is remitted.
27-11 (q) A penalty collected under this section shall be
27-12 deposited to the credit of the general revenue fund. [The
27-13 secretary of the board shall cause a copy of the board's order
27-14 setting the time and place of the hearing and a copy of the
27-15 information contained in the written charges to be served upon the
27-16 accused at least 30 days before the date appointed in the order for
27-17 the hearing. The accused may appear in person or by counsel or
27-18 both, at the time and place named in the order and make his defense
27-19 to the same. The board shall have the power, through its chairman
27-20 or secretary, to administer oaths and compel the attendance of
27-21 witnesses before it as in civil cases in the district court, by
27-22 subpoena issued over the signature of the secretary and the seal of
27-23 the board.]
27-24 [(e) Any person who may feel himself aggrieved by reason of
27-25 the suspension or revocation of his certificate of registration of
27-26 the board, as hereinabove authorized, shall have the right to file
27-27 suit within 30 days of receiving notice of the board's order
28-1 suspending or revoking his certificate of registration in the
28-2 district court in the county of his residence or the county in
28-3 which the alleged events relied upon, and grounds for the
28-4 suspension or revocation, took place, to annul or vacate the order
28-5 of the board; said suit to be filed against the board as
28-6 defendant, and service of process may be had upon its chairman or
28-7 secretary. The only issues to be tried in such cause shall be
28-8 whether such person has been guilty as originally found by the
28-9 board, which issue shall be by trial de novo, as that term is
28-10 commonly used in connection with an appeal from the justice of the
28-11 peace court to the county court, and the substantial evidence rule
28-12 shall not apply.]
28-13 SECTION 2.06. Chapter 457, Acts of the 61st Legislature,
28-14 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
28-15 Statutes), is amended by adding Section 8D to read as follows:
28-16 Sec. 8D. SEAL. (a) Each landscape architect shall obtain
28-17 and keep a seal with which the person shall stamp or impress each
28-18 drawing or specification issued from the person's office for use in
28-19 this state.
28-20 (b) The board shall prescribe the form of the seal. The
28-21 design of the seal shall be the same as that used by the board,
28-22 except that it shall bear the words "Registered Landscape
28-23 Architect, State of Texas" instead of "Texas Board of Architectural
28-24 Examiners."
28-25 (c) A person may not use or attempt to use a seal described
28-26 by Subsection (b) of this section, a similar seal, or a replica of
28-27 a seal described by Subsection (b) of this section unless the use
29-1 is by and through a landscape architect.
29-2 (d) A landscape architect may not authorize or permit the
29-3 use of the landscape architect's seal by an unregistered person
29-4 without the landscape architect's personal supervision. The board
29-5 may cancel the registration certificate of a landscape architect
29-6 who violates this subsection.
29-7 SECTION 2.07. Section 9(a), Chapter 457, Acts of the 61st
29-8 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
29-9 Civil Statutes), is amended to read as follows:
29-10 (a) A person may not represent the person [who represents
29-11 himself] to be a landscape architect in this state without being
29-12 registered or exempted in accordance with the provisions of this
29-13 Act, present or attempt [any person presenting or attempting] to
29-14 use as the person's [his] own[,] the certificate of registration or
29-15 the seal of another, [or any person who shall] give any false or
29-16 forged evidence of any kind to the board or to any member thereof
29-17 in obtaining or assisting in attaining for another a certificate of
29-18 registration, or [any person who shall] violate any other provision
29-19 [of the provisions] of this Act. A person who violates this
29-20 section is subject to the penalties provided by Section 8 of this
29-21 Act[, shall be fined not less than $25 nor more than $200]. Each
29-22 day of such violation shall be a separate violation [offense].
29-23 SECTION 2.08. Section 10(b), Chapter 457, Acts of the 61st
29-24 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
29-25 Civil Statutes), is amended to read as follows:
29-26 (b) All sums of money paid to the board under the provisions
29-27 of this Act[,] shall be deposited to the credit of [in] the General
30-1 Revenue [Architectural Examiners] Fund.
30-2 SECTION 2.09. Chapter 457, Acts of the 61st Legislature,
30-3 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
30-4 Statutes), is amended by adding Section 11 to read as follows:
30-5 Sec. 11. SUBPOENA. (a) The board may request and, if
30-6 necessary, compel by subpoena the attendance of witnesses for
30-7 examination under oath and the production for inspection and
30-8 copying of books, accounts, records, papers, correspondence,
30-9 documents, and other evidence relevant to the investigation of
30-10 alleged violations of this Act.
30-11 (b) If a person fails to comply with a subpoena issued under
30-12 this section, the board, acting through the attorney general, may
30-13 file suit to enforce the subpoena in a district court in Travis
30-14 County or in the county in which a hearing conducted by the board
30-15 may be held. The court, if it determines that good cause exists
30-16 for the issuance of the subpoena, shall order compliance with the
30-17 requirements of the subpoena. Failure to obey the order of the
30-18 court may be punished by the court as contempt.
30-19 ARTICLE 3. REGULATION OF PRACTICE OF INTERIOR DESIGN
30-20 SECTION 3.01. Section 5, Article 249e, Revised Statutes, is
30-21 amended by amending Subsection (d) and adding Subsection (h) to
30-22 read as follows:
30-23 (d) The board shall adopt rules consistent with this article
30-24 for the general administration of its provisions as provided by
30-25 Chapters 2001 and 2002, Government Code [the Administrative
30-26 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
30-27 Civil Statutes)].
31-1 (h) The board may request and, if necessary, compel by
31-2 subpoena the attendance of witnesses for examination under oath and
31-3 the production for inspection and copying of books, accounts,
31-4 records, papers, correspondence, documents, and other evidence
31-5 relevant to the investigation of alleged violations of this
31-6 article. If a person fails to comply with a subpoena issued under
31-7 this subsection, the board, acting through the attorney general,
31-8 may file suit to enforce the subpoena in a district court in Travis
31-9 County or in the county in which a hearing conducted by the board
31-10 may be held. The court, if it determines that good cause exists
31-11 for the issuance of the subpoena, shall order compliance with the
31-12 requirements of the subpoena. Failure to obey the order of the
31-13 court may be punished by the court as contempt.
31-14 SECTION 3.02. Section 6, Article 249e, Revised Statutes, is
31-15 amended by amending Subsections (a) and (b) and adding Subsection
31-16 (d) to read as follows:
31-17 (a) All fees received by the board under this article shall
31-18 be deposited to the credit of the general revenue [architectural
31-19 examiners] fund [and may be spent by the board only in the
31-20 administration of its statutory powers and duties].
31-21 (b) The board shall set the following fees, unless otherwise
31-22 set in the General Appropriations Act, in amounts that are
31-23 reasonable and necessary to cover the costs of the administration
31-24 of this article:
31-25 (1) a registration application fee [in an amount not
31-26 to exceed $100];
31-27 (2) an annual registration renewal fee [in an amount
32-1 not to exceed $100];
32-2 (3) a reciprocal registration fee [in an amount not to
32-3 exceed $100]; and
32-4 (4) an examination fee.
32-5 (d) The board may accept payment of a fee by electronic
32-6 means. If a fee is paid by electronic means, the board may charge
32-7 a fee for processing the payment by electronic means. The board
32-8 shall set the processing fee in an amount that is reasonably
32-9 related to the expense incurred by the board in processing the
32-10 payment by electronic means, not to exceed five percent of the
32-11 amount of the fee.
32-12 SECTION 3.03. Sections 9(b), (c), and (d), Article 249e,
32-13 Revised Statutes, are amended to read as follows:
32-14 (b) The application for admission to the registration
32-15 examination must be accompanied by evidence satisfactory to the
32-16 board that the applicant[:]
32-17 [(1) has engaged in professional education in interior
32-18 design and has experience in the field of interior design for
32-19 periods that, when combined, total at least six years; or]
32-20 [(2)] has graduated from an interior design
32-21 educational program recognized and approved by the board and has
32-22 [at least one year of] professional experience in the field of
32-23 interior design.
32-24 (c) [In determining eligibility for the examination under
32-25 Subsection (b)(1) of this section, the board may not give credit
32-26 for more than five years of professional education.]
32-27 [(d)] The board shall adopt rules establishing standards
33-1 for:
33-2 (1) the amounts and types of professional [education
33-3 and] experience necessary for registration examination eligibility;
33-4 and
33-5 (2) the recognition and approval of interior design
33-6 educational programs.
33-7 SECTION 3.04. Article 249e, Revised Statutes, is amended by
33-8 adding Section 13A to read as follows:
33-9 Sec. 13A. INACTIVE STATUS. (a) The board by rule shall
33-10 adopt a system by which a registered interior designer may place
33-11 the person's certificate of registration on inactive status. A
33-12 registered interior designer must apply for inactive status, on a
33-13 form prescribed by the board, before the expiration date of the
33-14 person's certificate of registration.
33-15 (b) A registered interior designer whose certificate of
33-16 registration is on inactive status is not required to pay
33-17 certificate of registration renewal fees.
33-18 (c) A registered interior designer whose certificate of
33-19 registration is on inactive status may not perform any activity
33-20 regulated under this Act.
33-21 (d) A registered interior designer whose certificate of
33-22 registration is on inactive status and who wishes to return to
33-23 active practice shall notify the board in writing. The board shall
33-24 remove the registered interior designer's certificate of
33-25 registration from inactive status on payment of an administrative
33-26 fee and on compliance with educational or other requirements
33-27 established by board rules.
34-1 SECTION 3.05. Section 14, Article 249e, Revised Statutes, is
34-2 amended by amending Subsections (b), (c), and (e) and by adding
34-3 Subsection (f) to read as follows:
34-4 (b) If a person's registration certificate has been expired
34-5 for 90 days or less, the person may renew the registration by:
34-6 (1) paying to the board the unpaid [required] renewal
34-7 fee and a penalty fee in an amount determined by the board; and
34-8 (2) submitting to the board proof satisfactory to the
34-9 board of compliance with the continuing education requirement of
34-10 the board [that is one-half of the registration examination fee].
34-11 (c) If a person's registration certificate has been expired
34-12 for longer than 90 days but less than one year, the person may
34-13 renew the registration by:
34-14 (1) paying to the board the unpaid renewal fee and a
34-15 penalty fee in an amount determined by the board; and
34-16 (2) submitting to the board proof satisfactory to the
34-17 board of compliance with the continuing education requirement of
34-18 the board [that is equal to the registration examination fee].
34-19 (e) If failure to renew continues for one year or longer
34-20 after the date of expiration of the registration certificate, the
34-21 certificate may be revoked. The board may require an applicant for
34-22 renewal whose registration has been revoked under this subsection
34-23 to pass the registration examination. If the applicant passes the
34-24 examination, the registration may be renewed on payment of a fee in
34-25 an amount determined by the board [equal to the examination fee].
34-26 (f) A registered interior designer, as herein defined, who
34-27 is, as of September 1, 1999, a full-time faculty member or other
35-1 permanent employee of an institution of higher education, as
35-2 defined in Section 61.003, Education Code, and who in such position
35-3 is engaged in teaching interior design, shall be exempt from the
35-4 continuing education requirements of this article.
35-5 SECTION 3.06. Article 249e, Revised Statutes, is amended by
35-6 adding Section 17 to read as follows:
35-7 Sec. 17. ADMINISTRATIVE PENALTY. (a) The board may assess
35-8 an administrative penalty against a person on a ground provided by
35-9 Section 15(a) of this article, including a violation of Section 3
35-10 of this article.
35-11 (b) If, after investigation of the facts surrounding an
35-12 allegation of a ground for a sanction provided by Section 15(a) of
35-13 this article, including a violation of Section 3 of this article,
35-14 the executive director determines that a ground exists for a
35-15 sanction, the executive director may issue a report stating the
35-16 facts on which the determination that a ground exists for a
35-17 sanction is based, recommending that an administrative penalty
35-18 under this section be imposed on the person charged, and
35-19 recommending the amount of that proposed penalty. The executive
35-20 director shall base the recommended amount of the proposed penalty
35-21 on the seriousness of the determined ground. The seriousness of
35-22 the ground shall be determined by consideration of the factors
35-23 prescribed by Subsection (g) of this section.
35-24 (c) Not later than the 14th day after the date on which the
35-25 report is issued, the executive director shall give written notice
35-26 of the report to the person charged. The notice shall include a
35-27 brief summary of the charges, a statement of the amount of the
36-1 penalty recommended, and a statement of the right of the person
36-2 charged to a hearing on the occurrence of a ground for the penalty
36-3 or on the amount of the penalty, or both the occurrence of the
36-4 ground and the amount of the penalty.
36-5 (d) Not later than the 20th day after the date on which the
36-6 notice is received, the person charged may accept the determination
36-7 of the executive director, including the recommended penalty, or
36-8 may make a request for a hearing on the determination.
36-9 (e) If the person charged accepts the determination of the
36-10 executive director, the board shall issue an order approving the
36-11 determination and ordering the payment of the recommended penalty.
36-12 (f) If the person charged requests a hearing or fails timely
36-13 to respond to the notice, the board shall set a hearing and give
36-14 notice of the hearing. All proceedings under this subsection
36-15 relating to a person charged who holds a registration certificate
36-16 issued by the board are subject to Chapter 2001, Government Code.
36-17 (g) In determining the amount of the penalty, the board
36-18 shall consider:
36-19 (1) the seriousness of the conduct that is the source
36-20 of the ground, including consideration of the nature,
36-21 circumstances, extent, and gravity of any relevant acts or
36-22 omissions, and of the hazard or potential hazard created to the
36-23 health or safety of the public;
36-24 (2) the economic damage to property caused by the
36-25 conduct;
36-26 (3) the charged person's history concerning previous
36-27 grounds for sanction;
37-1 (4) the amount necessary to deter future grounds for
37-2 sanction;
37-3 (5) efforts to correct the ground for sanction; and
37-4 (6) any other matter justice may require.
37-5 (h) The executive director shall give notice of the board's
37-6 order to the person charged. The notice must include:
37-7 (1) the findings of fact and conclusions of law,
37-8 separately stated;
37-9 (2) the amount of the penalty ordered, if any;
37-10 (3) a statement of the right of the person charged to
37-11 judicial review of the board's order; and
37-12 (4) other information required by law.
37-13 (i) If the person charged holds a registration certificate
37-14 issued by the board, the board's order becomes final as provided by
37-15 Section 2001.144, Government Code. If the person charged does not
37-16 hold a registration certificate issued by the board, the board's
37-17 order becomes final on the 20th day after the date the order is
37-18 rendered. Within the 30 days after the date on which the board's
37-19 order becomes final, the person charged with the penalty shall pay
37-20 the penalty in full unless the person has filed a petition for
37-21 judicial review of the order.
37-22 (j) If the person files a petition for judicial review
37-23 contesting the amount of the penalty or the occurrence of the
37-24 ground for sanction, or both, the person shall, within 30 days
37-25 after the date on which the board's order becomes final:
37-26 (1) forward the amount of the penalty to the board for
37-27 placement in an escrow account;
38-1 (2) post with the board a supersedeas bond in a form
38-2 approved by the board for the amount of the penalty, the bond to be
38-3 effective until all judicial review of the order or decision is
38-4 final; or
38-5 (3) file with the board an affidavit sworn by the
38-6 person charged stating that the person is financially unable to
38-7 forward the amount of the penalty or to post the bond.
38-8 (k) If the person charged fails to pay the penalty in full
38-9 as provided by Subsection (i) of this section or to timely comply
38-10 with Subsection (j) of this section, the board may forward the
38-11 matter to the attorney general for enforcement.
38-12 (l) Judicial review of the order or decision of the board
38-13 assessing the penalty shall be under the substantial evidence rule
38-14 and shall be instituted by filing a petition with a district court
38-15 in Travis County, as provided by Subchapter G, Chapter 2001,
38-16 Government Code.
38-17 (m) If a penalty is reduced or is not assessed by the
38-18 reviewing court, the board shall remit to the person charged the
38-19 appropriate amount plus accrued interest if the penalty has been
38-20 paid or shall execute a release of the bond if a supersedeas bond
38-21 has been posted. The accrued interest on amounts remitted by the
38-22 board under this subsection shall be paid at a rate equal to the
38-23 rate charged on loans to depository institutions by the New York
38-24 Federal Reserve Bank and shall be paid for the period beginning on
38-25 the date the penalty is paid to the board under Subsection (i) of
38-26 this section and ending on the date the fine is remitted.
38-27 (n) A penalty collected under this section shall be
39-1 deposited to the credit of the general revenue fund.
39-2 ARTICLE 4. TRANSITION; EFFECTIVE DATE; EMERGENCY
39-3 SECTION 4.01. (a) The change in law made by Section 1.09 of
39-4 this Act applies only to an applicant who has not begun obtaining
39-5 architectural schooling or experience described by Section 7(c),
39-6 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
39-7 (Article 249a, Vernon's Texas Civil Statutes), before the effective
39-8 date of this Act. An applicant who has begun obtaining
39-9 architectural schooling or experience described by that subsection
39-10 before the effective date of this Act is governed by the law as it
39-11 existed immediately before the effective date of this Act, and that
39-12 law is continued in effect for that purpose.
39-13 (b) The change in law made by Section 2.02 of this Act
39-14 applies only to an applicant who has not begun obtaining
39-15 professional education or experience described by Section 5(a),
39-16 Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
39-17 (Article 249c, Vernon's Texas Civil Statutes), before the effective
39-18 date of this Act. An applicant who has begun obtaining
39-19 professional education or experience described by that subsection
39-20 before the effective date of this Act is governed by the law as it
39-21 existed immediately before the effective date of this Act, and that
39-22 law is continued in effect for that purpose.
39-23 (c) The change in law made by Section 3.03 of this Act
39-24 applies only to an applicant who has not begun obtaining
39-25 professional education or experience described by Section 9(b)(1),
39-26 Article 249e, Revised Statutes, before the effective date of this
39-27 Act. An applicant who has begun obtaining professional education
40-1 or experience described by that subsection before the effective
40-2 date of this Act is governed by the law as it existed immediately
40-3 before the effective date of this Act, and that law is continued in
40-4 effect for that purpose.
40-5 SECTION 4.02. This Act takes effect September 1, 1999.
40-6 SECTION 4.03. The importance of this legislation and the
40-7 crowded condition of the calendars in both houses create an
40-8 emergency and an imperative public necessity that the
40-9 constitutional rule requiring bills to be read on three several
40-10 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1248 was passed by the House on May
8, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1248 on May 27, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1248 was passed by the Senate, with
amendments, on May 25, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor