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