76R9416 SMH-F                           
         By Farrar                                             H.B. No. 1248
         Substitute the following for H.B. No. 1248:
         By Farrar                                         C.S.H.B. No. 1248
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of architecture,
 1-3     landscape architecture, and interior design; providing
 1-4     administrative penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6             ARTICLE 1.  REGULATION OF PRACTICE OF ARCHITECTURE
 1-7           SECTION 1.01.  Sections 2(a), (e), (g), and (h), Chapter 478,
 1-8     Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
 1-9     Vernon's Texas Civil Statutes), are amended to read as follows:
1-10           (a)  The Texas Board of Architectural Examiners is composed
1-11     of nine members as follows:
1-12                 (1)  four members must be [reputable practicing]
1-13     architects who are registered under the laws of this [have resided
1-14     in the] State [of Texas and have been actively engaged in the
1-15     practice of architecture for the five years preceding their
1-16     appointment];
1-17                 (2)  one member must be a landscape architect who is
1-18     registered under the laws of this State;
1-19                 (3)  one member must be an [a professional] interior
1-20     designer who is registered under the laws of this State [Article
1-21     249e, Revised Statutes]; and
1-22                 (4)  three members must be representatives of the
1-23     general public and, notwithstanding Subsection (e) of this section,
1-24     at least one of the public members must be a person with a physical
 2-1     disability.
 2-2           (e)  Appointments to the Board shall be made without regard
 2-3     to the race, color, disability [handicap], sex, religion, age, or
 2-4     national origin of the appointees.
 2-5           (g)  An officer, employee, or paid consultant of a Texas
 2-6     trade association in the field of architecture, interior design, or
 2-7     landscape architecture may not be a member of the Board or an
 2-8     employee of the Board who is exempt from the state's position
 2-9     classification plan or is compensated at or above the amount
2-10     prescribed by the General Appropriations Act for [step 1,] salary
2-11     group B9 [17,] of the position classification salary schedule.
2-12           (h)  A person who is the spouse of an officer, manager, or
2-13     paid consultant of a Texas trade association in the field of
2-14     architecture, interior design, or landscape architecture may not be
2-15     a Board member and may not be a Board employee who is exempt from
2-16     the state's position classification plan or is compensated at or
2-17     above the amount prescribed by the General Appropriations Act for
2-18     [step 1,] salary group B9 [17,] of the position classification
2-19     salary schedule.
2-20           SECTION 1.02.  Section 3, Chapter 478, Acts of the 45th
2-21     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-22     Civil Statutes), is amended by amending Subsections (a), (e), (h),
2-23     and (i) and adding Subsection (j) to read as follows:
2-24           (a)  The members of the Texas Board of Architectural
2-25     Examiners shall, before entering upon the discharge of their
2-26     duties, qualify by subscribing to, before a Notary Public or other
2-27     officer authorized by law to administer oaths, and filing with the
 3-1     Secretary of State, the Constitutional oath of office. The Governor
 3-2     shall designate one member of the Board as chairman of the Board to
 3-3     serve in that capacity at the pleasure of the Governor.  The
 3-4     members of the Board shall, annually in the month of January, elect
 3-5     from their number a vice-chairman.  A secretary-treasurer of this
 3-6     Board shall be appointed by the Board and shall hold office at the
 3-7     pleasure of the Board.  The secretary-treasurer may, but need not,
 3-8     be a Member of the Board.  The secretary-treasurer, before entering
 3-9     upon his duties, shall make and file a bond of not less than $5,000
3-10     with the State Comptroller.  Said bond shall be payable to the
3-11     Governor of this State for the benefit of said Board; shall be
3-12     conditioned upon the faithful performance of the duties of such
3-13     officer, and shall be in such form as may be approved by the
3-14     Attorney General of this State; and shall be executed by a surety
3-15     company, as surety, and be approved by the Texas Board of
3-16     Architectural Examiners.  The premium on the bond shall be paid
3-17     from the General Revenue [Architectural Examiners] Fund.
3-18           (e)  The Board shall [may] recognize, prepare, or administer
3-19     continuing education programs for architects, interior designers,
3-20     and [or] landscape architects, including programs relating to the
3-21     requirements of the Americans with Disabilities Act of 1990 (42
3-22     U.S.C. Section 12101 et seq.) and Article 9102, Revised Statutes.
3-23     Participation in the programs is mandatory [voluntary].
3-24           (h)  The Board may set a fee for any action of the Board
3-25     involving an administrative expense in an amount that is reasonable
3-26     and necessary to cover the cost of the administration of this Act,
3-27     unless otherwise set by this Act or by the General Appropriations
 4-1     Act.  The Board may accept payment of a fee by electronic means.
 4-2     If a fee is paid by electronic means, the Board may charge a fee
 4-3     for processing the payment by electronic means.  The Board shall
 4-4     set the processing fee in an amount that is reasonably related to
 4-5     the expense incurred by the Board in processing the payment by
 4-6     electronic means, not to exceed five percent of the amount of the
 4-7     fee.
 4-8           (i)  The Board is subject to the open meetings law, Chapter
 4-9     551, Government Code [271, Acts of the 60th Legislature, Regular
4-10     Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
4-11     Statutes)], and Chapters 2001 and 2002, Government Code [the
4-12     Administrative Procedure and Texas Register Act, as amended
4-13     (Article 6252-13a, Vernon's Texas Civil Statutes)].
4-14           (j)  The Board may request and, if necessary, compel by
4-15     subpoena the attendance of witnesses for examination under oath and
4-16     the production for inspection and copying of books, accounts,
4-17     records, papers, correspondence, documents, and other evidence
4-18     relevant to the investigation of alleged violations of this Act.
4-19     If a person fails to comply with a subpoena issued under this
4-20     subsection, the Board, acting through the attorney general, may
4-21     file suit to enforce the subpoena in a district court in Travis
4-22     County or in the county in which a hearing conducted by the Board
4-23     may be held.  The court, if it determines that good cause exists
4-24     for the issuance of the subpoena, shall order compliance with the
4-25     requirements of the subpoena.  Failure to obey the order of the
4-26     court may be punished by the court as contempt.
4-27           SECTION 1.03.  Section 4(a), Chapter 478, Acts of the 45th
 5-1     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
 5-2     Civil Statutes), is amended to read as follows:
 5-3           (a)  All fees collected or money derived under the provisions
 5-4     of this Act shall be received and accounted for by the executive
 5-5     director [secretary-treasurer].  All of these funds which are
 5-6     received shall be paid daily [weekly] to the comptroller [State
 5-7     Comptroller, who shall keep this money in a separate fund to be
 5-8     known as the Architectural Examiners Fund.  This fund may be used
 5-9     only for the administration of the powers and duties of the Board
5-10     and shall be paid out only by warrants of the State Comptroller,
5-11     upon itemized vouchers, approved by the chairman or acting chairman
5-12     and attested by the secretary-treasurer of the Board.
5-13     Disbursements shall not in any way be a charge upon the General
5-14     Revenue Fund of this State].
5-15           SECTION 1.04.  Section 4A, Chapter 478, Acts of the 45th
5-16     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
5-17     Civil Statutes), is amended to read as follows:
5-18           Sec. 4A.  [(a)]  Each member of the Board is entitled to the
5-19     per diem set by legislative appropriation for each day that the
5-20     member engages in the business of the Board.  A member is entitled
5-21     to compensation for travel expenses, including food, lodging, and
5-22     transportation expenses, as provided by the General Appropriations
5-23     Act.
5-24           [(b)  The per diem and expenses of the members of the Board
5-25     shall be paid from the Architectural Examiners Fund.]
5-26           [(c)  General revenue funds may not be used for the
5-27     administration of this Act except as provided by the General
 6-1     Appropriations Act.]
 6-2           SECTION 1.05.  Section 4C(a), Chapter 478, Acts of the 45th
 6-3     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
 6-4     Civil Statutes), is amended to read as follows:
 6-5           (a)  Each of the following fees imposed by or under another
 6-6     section of this Act is increased by $200:
 6-7                 (1)  [fee for application for examination;]
 6-8                 [(2)  fee for out-of-state application for examination;]
 6-9                 [(3)]  fee for application for certificate by person
6-10     possessing a valid certificate or license to practice architecture
6-11     in another state; and
6-12                 (2) [(4)]  fee for renewal of certificate of
6-13     registration.
6-14           SECTION 1.06.  Section 5A(a), Chapter 478, Acts of the 45th
6-15     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-16     Civil Statutes), is amended to read as follows:
6-17           (a)  The executive director or the executive director's
6-18     designee shall prepare and maintain a written policy statement to
6-19     assure implementation of a program of equal employment opportunity
6-20     under which all personnel transactions are made without regard to
6-21     race, color, disability [handicap], sex, religion, age, or national
6-22     origin.  The policy statement must include:
6-23                 (1)  personnel policies, including policies relating to
6-24     recruitment, evaluation, selection, appointment, training, and
6-25     promotion of personnel;
6-26                 (2)  a comprehensive analysis of the Board work force
6-27     that meets federal and state guidelines;
 7-1                 (3)  procedures by which a determination can be made of
 7-2     significant underutilization in the Board work force of all persons
 7-3     for whom federal or state guidelines encourage a more equitable
 7-4     balance; and
 7-5                 (4)  reasonable methods to appropriately address those
 7-6     areas of significant underutilization.
 7-7           SECTION 1.07.  Section 6(a), Chapter 478, Acts of the 45th
 7-8     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
 7-9     Civil Statutes), is amended to read as follows:
7-10           (a)  It shall be the duty of the [Texas] Board [of
7-11     Architectural Examiners] to hold meetings at least twice each year
7-12     at such times and places as the Board may determine for the purpose
7-13     of transacting its business and to examine all applicants for a
7-14     registration certificate for the practice of architecture in this
7-15     State on any subjects and procedures pertaining to architecture
7-16     which the Board in its discretion may require.
7-17           SECTION 1.08.  Section 7, Chapter 478, Acts of the 45th
7-18     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
7-19     Civil Statutes), is amended to read as follows:
7-20           Sec. 7.  [(a)]  An applicant for examination for registration
7-21     as an architect in this State shall present a diploma from and be a
7-22     graduate of a recognized university or college of architecture
7-23     approved by the Board and shall also present evidence acceptable to
7-24     the Board of such applicant's having had satisfactory experience in
7-25     architecture, in the office or offices of one or more legally
7-26     practicing architects, as prescribed in the rules and regulations
7-27     adopted by the Board.
 8-1           [(c)  The Board shall also accept for examination, an
 8-2     applicant, although not a graduate as above required, who possesses
 8-3     all of the other qualifications and furnishes evidence acceptable
 8-4     to the Board of his or her having completed not less than eight
 8-5     years' satisfactory experience in architecture in the office or
 8-6     offices of one or more legally practicing architects, or any
 8-7     combination of architectural schooling and experience acceptable to
 8-8     the Board totaling eight years.]
 8-9           SECTION 1.09.  Section 8(b), 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           (b)  All applications under this Section shall be accompanied
8-13     by a fee prescribed by the Board in an amount that is reasonable
8-14     and necessary to cover the cost of [$150 payable to the Texas Board
8-15     of Architectural Examiners for the] processing and investigating
8-16     [of] the application [so filed] and issuing [for the issuance of]
8-17     the certificate herein provided for.  The provisions of this
8-18     section shall apply only where the laws, legal requirements and
8-19     regulations of such other jurisdiction extend like or similar
8-20     privileges to practice architecture in such other jurisdiction to
8-21     registered architects of this State.
8-22           SECTION 1.10.  Sections 11(b), (i), (l), (n), (o), and (q),
8-23     Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
8-24     (Article 249a, Vernon's Texas Civil Statutes), are amended to read
8-25     as follows:
8-26           (b)  The Board may revoke or suspend a registration
8-27     certificate, place on probation a person whose registration
 9-1     certificate has been suspended, reprimand a person registered under
 9-2     this Act, or assess an administrative penalty against a person,
 9-3     regardless of the person's registration status, [registered under
 9-4     this Act] in an amount not to exceed $1,000 on the following
 9-5     grounds:
 9-6                 (1)  a violation of this Act or of a rule of the Board
 9-7     adopted under this Act;
 9-8                 (2)  a cause for which the Board is authorized to
 9-9     refuse to grant a registration certificate;
9-10                 (3)  gross incompetency;
9-11                 (4)  recklessness in the construction or alteration of
9-12     a building by an architect designing, planning, or observing the
9-13     construction or alteration;
9-14                 (5)  dishonest practice by one holding a registration
9-15     certificate; or
9-16                 (6)  for failing to timely provide plans and
9-17     specifications to the Texas Department of Licensing and Regulation
9-18     as required by Article 9102, Revised Statutes.
9-19           (i)  If the person charged requests a hearing or fails timely
9-20     to respond to the notice, the board shall set a hearing and give
9-21     notice of the hearing.  All proceedings under this subsection
9-22     relating to a person charged who holds a registration certificate
9-23     issued by the Board are subject to Chapter 2001, Government Code
9-24     [the Administrative Procedure and Texas Register Act (Article
9-25     6252-13a, Vernon's Texas Civil Statutes)].
9-26           (l)  If the person charged holds a registration certificate
9-27     issued by the Board, the Board's order becomes final as provided by
 10-1    Section 2001.144, Government Code.  If the person charged does not
 10-2    hold a registration certificate issued by the Board, the Board's
 10-3    order becomes final on the 20th day after the date the order is
 10-4    rendered.  Within the 30 days after the date on which the Board's
 10-5    order becomes final [as provided by Section 16(c), Administrative
 10-6    Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
 10-7    Civil Statutes)], the person charged with the penalty shall pay the
 10-8    penalty in full unless the person has filed a petition for judicial
 10-9    review of the order.
10-10          (n)  [Failure to comply timely with the requirements of
10-11    Subsection (m) of this section results in a waiver of all legal
10-12    rights to judicial review.]  If the person charged fails to pay the
10-13    penalty in full as provided by Subsection (l) of this section or to
10-14    timely comply with Subsection (m) of this section, the Board may
10-15    forward the matter to the attorney general for enforcement.
10-16          (o)  Judicial review of the order or decision of the Board
10-17    assessing the penalty shall be under the substantial evidence rule
10-18    and shall be instituted by filing a petition with a district court
10-19    in Travis County, as provided by Subchapter G, Chapter 2001,
10-20    Government Code [Section 19, Administrative Procedure and Texas
10-21    Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
10-22          (q)  A penalty collected under this section shall be
10-23    deposited [in the state treasury] to the credit of the general
10-24    revenue fund.
10-25          SECTION 1.11.  Sections 12(c)-(h), Chapter 478, Acts of the
10-26    45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
10-27    Texas Civil Statutes), are amended to read as follows:
 11-1          (c)  The Board shall set the required renewal fee [fees in
 11-2    amounts not to exceed $75] for residents in an amount that is
 11-3    reasonable and necessary to cover administrative costs.  The
 11-4    required renewal fee [nor $150] for nonresidents shall be in an
 11-5    amount determined by the Board.
 11-6          (d)  Upon receipt of the required fee within the time and in
 11-7    the manner provided by this section and receipt of proof
 11-8    satisfactory to the Board of compliance with the continuing
 11-9    education requirement of the Board, the designated officer or
11-10    employee of the Board shall issue to the registered architect a
11-11    certificate of renewal of his or her registration certificate for
11-12    the term of one year.
11-13          (e)  A person may renew an unexpired registration certificate
11-14    by:
11-15                (1)  paying to the Board before the expiration date the
11-16    required renewal fee; and
11-17                (2)  submitting to the Board proof satisfactory to the
11-18    Board of compliance with the continuing education requirement of
11-19    the Board.
11-20          (f)  If a person's registration has been expired for 90 days
11-21    or less, the person may renew the registration by:
11-22                (1)  paying to the Board the unpaid [required] renewal
11-23    fee and a penalty fee in an amount determined by the Board; and
11-24                (2)  submitting to the Board proof satisfactory to the
11-25    Board of compliance with the continuing education requirement of
11-26    the Board [that is one-half of the examination fee].
11-27          (g)  If a person's registration has been expired for longer
 12-1    than 90 days but less than one year, the person may renew the
 12-2    registration by:
 12-3                (1)  paying to the Board the unpaid renewal fee and a
 12-4    penalty fee in an amount determined by the Board; and
 12-5                (2)  submitting to the Board proof satisfactory to the
 12-6    Board of compliance with the continuing education requirement of
 12-7    the Board [that is equal to the examination fee for the
 12-8    registration].
 12-9          (h)  If failure to renew continues for one year or longer
12-10    after the date of expiration of the certificate of registration,
12-11    such certificate to practice architecture in this State may be
12-12    revoked and an entry of such revocation made in the official
12-13    records of the Board; and thereafter the applicant may be required
12-14    in the discretion of the Board in each case to take and
12-15    satisfactorily pass such examination as may be prescribed by the
12-16    Board, and if the applicant passes such examination successfully
12-17    the fee to be paid upon the reinstatement of the registration
12-18    certificate shall be in an amount determined by the Board [equal to
12-19    the examination fee].
12-20          SECTION 1.12.  Section 14, Chapter 478, Acts of the 45th
12-21    Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
12-22    Civil Statutes), is amended to read as follows:
12-23          Sec. 14.  EXCEPTIONS FROM ACT.  The following persons shall
12-24    be exempt from the provisions of this Act, provided that such
12-25    persons do not in any manner represent themselves to be an
12-26    architect, architectural designer, or other title of profession or
12-27    business using some form of the word "Architect" as prohibited by
 13-1    Section 13 of this Act:
 13-2                1.  a person who engages in or is employed in the
 13-3    practice of architecture solely as an officer or employee of the
 13-4    United States, but persons so engaged or employed shall not engage
 13-5    in the private practice of architecture in this State without first
 13-6    having a registration certificate as herein provided;
 13-7                2.  a person who is a legally qualified architect
 13-8    residing in another State or country outside the border of the
 13-9    United States, who does not maintain nor open offices in this
13-10    State, who agrees to perform or holds himself or herself out as
13-11    able to perform any of the professional services involved in the
13-12    practice of architecture, provided that when performing the
13-13    architectural service in this State, he or she employs a resident
13-14    registered architect of this State as a consultant, or acts as a
13-15    consultant of a registered architect in this State or first becomes
13-16    registered as an architect in this State as provided by this Act;
13-17                3.  a person who prepares architectural plans and
13-18    specifications for or observes or supervises the alteration of any
13-19    building, provided the alteration will not involve structural or
13-20    exitway changes to the building which are substantial and major.
13-21                The plans and specifications for an alteration to a
13-22    building described in Subdivision (4) of this section may be
13-23    prepared by a person who is not a registered architect;
13-24                4.  a person who prepares architectural plans and
13-25    specifications for or observes or supervises the construction,
13-26    enlargement, or alteration of a privately owned building which is:
13-27                      (A)  a building used primarily for farm, ranch,
 14-1    or agricultural purposes or used primarily for storage of raw
 14-2    agricultural commodities;
 14-3                      (B)  a single-family or a dual-family dwelling
 14-4    and any buildings and appurtenances associated with such dwelling;
 14-5                      (C)  a multifamily dwelling that does not exceed
 14-6    a height of two (2) stories and does not exceed sixteen (16) units
 14-7    per building; or
 14-8                      (D)  a building that does not exceed a height of
 14-9    two (2) stories and does not exceed a square footage of 20,000
14-10    square feet [unless the building is described in Paragraphs (A) and
14-11    (B) of this subdivision;]
14-12                      [(E)  a building that does not exceed a square
14-13    footage of twenty thousand (20,000) square feet unless the building
14-14    is described in Paragraphs (A), (B), and (C) of this subdivision].
14-15       ARTICLE 2.  REGULATION OF PRACTICE OF LANDSCAPE ARCHITECTURE
14-16          SECTION 2.01.  Section 4(b), Chapter 457, Acts of the 61st
14-17    Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
14-18    Civil Statutes), is amended to read as follows:
14-19          (b)  The board may set a fee for any action of the board
14-20    involving an administrative expense in an amount that is reasonable
14-21    and necessary to cover the cost of the administration of this Act,
14-22    unless otherwise set by this Act or by the General Appropriations
14-23    Act.  The board may accept payment of a fee by electronic means.
14-24    If a fee is paid by electronic means, the board may charge a fee
14-25    for processing the payment by electronic means.  The board shall
14-26    set the processing fee in an amount that is reasonably related to
14-27    the expense incurred by the board in processing the payment by
 15-1    electronic means, not to exceed five percent of the amount of the
 15-2    fee.
 15-3          SECTION 2.02.  Section 5(a), Chapter 457, Acts of the 61st
 15-4    Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
 15-5    Civil Statutes), is amended to read as follows:
 15-6          (a)  No person shall represent himself as a landscape
 15-7    architect, as defined herein, unless such person holds a
 15-8    certificate of registration as a landscape architect issued by the
 15-9    board.  A person must [has previously qualified to be registered
15-10    under this Act or] satisfactorily pass [passes] the examination as
15-11    may be prescribed by the board to be registered as provided herein.
15-12    Any [The following persons shall be qualified for registration and
15-13    receive a registration certificate:  any] person who has graduated
15-14    from a landscape architectural educational program recognized and
15-15    [a degree from a school whose study of landscape architecture is]
15-16    approved by the board and has had satisfactory experience in
15-17    landscape architecture as required by rules adopted by the board [,
15-18    or shall have had not less than seven years' actual experience in
15-19    the office of a registered landscape architect,] may apply for
15-20    examination.  The application must be accompanied by a registration
15-21    fee, set by the board in an amount that is reasonable and necessary
15-22    to defray administrative costs[, not to exceed $250].  The
15-23    examination shall be approved by the members of the board and shall
15-24    be given by the board at its office in Austin, Travis County,
15-25    Texas, or such other place as the board may determine or designate.
15-26    The scope of the examination and the methods of procedure shall be
15-27    prescribed by the board with special reference to the applicant's
 16-1    ability which will insure safety to the public welfare and [the]
 16-2    property rights.
 16-3          SECTION 2.03.  Sections 7(d)-(h), Chapter 457, Acts of the
 16-4    61st Legislature, Regular Session, 1969 (Article 249c, Vernon's
 16-5    Texas Civil Statutes), are amended to read as follows:
 16-6          (d)  Upon receipt of the required fee within the time and in
 16-7    the manner provided by this section and receipt of proof
 16-8    satisfactory to the board of compliance with the continuing
 16-9    education requirement of the board, the designated officer or
16-10    employee of the board shall issue to the licensed landscape
16-11    architect a certificate of renewal of his registration certificate
16-12    for the term of one year.
16-13          (e)  A person may renew an unexpired registration certificate
16-14    by:
16-15                (1)  paying to the board before the expiration date the
16-16    required renewal fee; and
16-17                (2)  submitting to the board proof satisfactory to the
16-18    board of compliance with the continuing education requirement of
16-19    the board.
16-20          (f)  If a person's registration has been expired for 90 days
16-21    or less, the person may renew the registration by:
16-22                (1)  paying to the board all unpaid [the required]
16-23    renewal fees [fee] and a penalty fee in an amount determined by the
16-24    board; and
16-25                (2)  submitting to the board proof satisfactory to the
16-26    board of compliance with the continuing education requirement of
16-27    the board [that is one-half of the examination fee].
 17-1          (g)  If a person's registration has been expired for longer
 17-2    than 90 days but less than one year, the person may renew the
 17-3    registration by:
 17-4                (1)  paying to the board all unpaid renewal fees and a
 17-5    penalty fee in an amount determined by the board; and
 17-6                (2)  submitting to the board proof satisfactory to the
 17-7    board of compliance with the continuing education requirement of
 17-8    the board [that is equal to the examination fee for the
 17-9    registration].
17-10          (h)  If failure to renew continues for one year or longer
17-11    after the date of expiration of the certificate of registration,
17-12    the certificate may be revoked after notice and hearing as provided
17-13    by this Act and an entry of the revocation made in the official
17-14    records of the board. The board may require an applicant for
17-15    renewal whose registration has been revoked under this subsection
17-16    to pass the registration examination.  If the applicant passes the
17-17    examination, the registration may be renewed on payment of a fee in
17-18    an amount determined by the board [equal to the examination fee].
17-19          SECTION 2.04.  Section 8, Chapter 457, Acts of the 61st
17-20    Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
17-21    Civil Statutes), is amended by amending Subsections (a) and (c)-(e)
17-22    and adding Subsections (f)-(q) to read as follows:
17-23          (a)  The board may [shall] revoke or suspend a [the]
17-24    certificate of registration, place on probation a person whose
17-25    certificate of registration has been suspended, [or] reprimand a
17-26    person registered under this Act, or assess an administrative
17-27    penalty against a person, regardless of the person's registration
 18-1    status, in an amount not to exceed $1,000 on the following grounds:
 18-2                (1)  Violations of provisions of this Act or of a rule
 18-3    of the board adopted under this Act;
 18-4                (2)  The practice of any fraud or deceit in obtaining a
 18-5    certificate of registration;
 18-6                (3)  Any gross negligence, incompetency, or misconduct
 18-7    in the practice of landscape architecture;
 18-8                (4)  Holding himself out to the public or any member
 18-9    thereof as an engineer or making use of the words "engineer,"
18-10    "engineered," "professional engineer," "P.E.," or any other terms
18-11    tending to create the impression that such registrant is authorized
18-12    to practice engineering or any other profession unless he is
18-13    licensed under provisions of the Texas Engineering Practice Act or
18-14    the other applicable licensing laws of this state.
18-15                (5)  Holding himself out to the public or any member
18-16    thereof as a surveyor or making use of the words "surveyor,"
18-17    "surveyed," "registered professional land surveyor," or any other
18-18    terms tending to create the impression that such registrant is
18-19    authorized to practice surveying or any other profession unless he
18-20    is licensed under the Professional Land Surveying Practices Act
18-21    (Article 5282c, Vernon's Texas Civil Statutes) or the other
18-22    applicable licensing laws of this state.
18-23          (c)  A resident of this state may file with the [secretary of
18-24    the] board a written statement charging a registrant with grounds
18-25    for the discipline of the [a] registrant.  The statement must be
18-26    verified [and filed with three copies].  Upon receipt of a
18-27    statement charging grounds for discipline, the board shall
 19-1    investigate the charges to determine whether they support
 19-2    disciplinary sanctions.
 19-3          (d)  If the board proposes to suspend or revoke a person's
 19-4    certificate of registration, the person is entitled to a hearing
 19-5    before the board or a hearings officer appointed by the board.  The
 19-6    board shall prescribe procedures by which all decisions to suspend
 19-7    or revoke are made by or are appealable to the board.
 19-8          (e)  If, after investigation of the facts surrounding an
 19-9    allegation of a ground for a sanction provided by this section, the
19-10    executive director determines that a ground exists for a sanction,
19-11    the executive director may issue a report stating the facts on
19-12    which the determination that a ground exists for a sanction is
19-13    based, recommending that an administrative penalty under this
19-14    section be imposed on the person charged, and recommending the
19-15    amount of that proposed penalty.  The executive director shall base
19-16    the recommended amount of the proposed penalty on the seriousness
19-17    of the determined ground.  The seriousness of the ground shall be
19-18    determined by consideration of the factors prescribed by Subsection
19-19    (j) of this section.
19-20          (f)  Not later than the 14th day after the date on which the
19-21    report is issued, the executive director shall give written notice
19-22    of the report to the person charged.  The notice shall include a
19-23    brief summary of the charges, a statement of the amount of the
19-24    penalty recommended, and a statement of the right of the person
19-25    charged to a hearing on the occurrence of a ground for the penalty
19-26    or on the amount of the penalty, or both the occurrence of the
19-27    ground and the amount of the penalty.
 20-1          (g)  Not later than the 20th day after the date on which the
 20-2    notice is received, the person charged may accept the determination
 20-3    of the executive director, including the recommended penalty, or
 20-4    may make a request for a hearing on the determination.
 20-5          (h)  If the person charged accepts the determination of the
 20-6    executive director, the board shall issue an order approving the
 20-7    determination and ordering the payment of the recommended penalty.
 20-8          (i)  If the person charged requests a hearing or fails timely
 20-9    to respond to the notice, the board shall set a hearing and give
20-10    notice of the hearing.  All proceedings under this subsection
20-11    relating to a person charged who holds a registration certificate
20-12    issued by the board are subject to Chapter 2001, Government Code.
20-13          (j)  In determining the amount of the penalty, the board
20-14    shall consider:
20-15                (1)  the seriousness of the conduct that is the source
20-16    of the ground, including consideration of the nature,
20-17    circumstances, extent, and gravity of any relevant acts or
20-18    omissions, and of the hazard or potential hazard created to the
20-19    health or safety of the public;
20-20                (2)  the economic damage to property caused by the
20-21    conduct;
20-22                (3)  the charged person's history concerning previous
20-23    grounds for sanction;
20-24                (4)  the amount necessary to deter future grounds for
20-25    sanction;
20-26                (5)  efforts to correct the ground for sanction; and
20-27                (6)  any other matter justice may require.
 21-1          (k)  The executive director shall give notice of the board's
 21-2    order to the person charged.  The notice must include:
 21-3                (1)  the findings of fact and conclusions of law,
 21-4    separately stated;
 21-5                (2)  the amount of the penalty ordered, if any;
 21-6                (3)  a statement of the right of the person charged to
 21-7    judicial review of the board's order; and
 21-8                (4)  other information required by law.
 21-9          (l)  If the person charged holds a registration certificate
21-10    issued by the board, the board's order becomes final as provided by
21-11    Section 2001.144, Government Code.  If the person charged does not
21-12    hold a registration certificate issued by the board, the board's
21-13    order becomes final on the 20th day after the date the order is
21-14    rendered.  Within the 30 days after the date on which the board's
21-15    order becomes final, the person charged with the penalty shall pay
21-16    the penalty in full unless the person has filed a petition for
21-17    judicial review of the order.
21-18          (m)  If the person files a petition for judicial review
21-19    contesting the amount of the penalty or the occurrence of the
21-20    ground for sanction, or both, the person shall, within 30 days
21-21    after the date on which the board's order becomes final:
21-22                (1)  forward the amount of the penalty to the board for
21-23    placement in an escrow account;
21-24                (2)  post with the board a supersedeas bond in a form
21-25    approved by the board for the amount of the penalty, the bond to be
21-26    effective until all judicial review of the order or decision is
21-27    final; or
 22-1                (3)  file with the board an affidavit sworn by the
 22-2    person charged stating that the person is financially unable to
 22-3    forward the amount of the penalty or to post the bond.
 22-4          (n)  If the person charged fails to pay the penalty in full
 22-5    as provided by Subsection (l) of this section or to timely comply
 22-6    with Subsection (m) of this section, the board may forward the
 22-7    matter to the attorney general for enforcement.
 22-8          (o)  Judicial review of the order or decision of the board
 22-9    assessing the penalty shall be under the substantial evidence rule
22-10    and shall be instituted by filing a petition with a district court
22-11    in Travis County, as provided by Subchapter G, Chapter 2001,
22-12    Government Code.
22-13          (p)  If a penalty is reduced or is not assessed by the
22-14    reviewing court, the board shall remit to the person charged the
22-15    appropriate amount plus accrued interest if the penalty has been
22-16    paid or shall execute a release of the bond if a supersedeas bond
22-17    has been posted.  The accrued interest on amounts remitted by the
22-18    board under this subsection shall be paid at a rate equal to the
22-19    rate charged on loans to depository institutions by the New York
22-20    Federal Reserve Bank and shall be paid for the period beginning on
22-21    the date the penalty is paid to the board under Subsection (l) of
22-22    this section and ending on the date the fine is remitted.
22-23          (q)  A penalty collected under this section shall be
22-24    deposited to the credit of the general revenue fund.  [The
22-25    secretary of the board shall cause a copy of the board's order
22-26    setting the time and place of the hearing and a copy of the
22-27    information contained in the written charges to be served upon the
 23-1    accused at least 30 days before the date appointed in the order for
 23-2    the hearing.  The accused may appear in person or by counsel or
 23-3    both, at the time and place named in the order and make his defense
 23-4    to the same.  The board shall have the power, through its chairman
 23-5    or secretary, to administer oaths and compel the attendance of
 23-6    witnesses before it as in civil cases in the district court, by
 23-7    subpoena issued over the signature of the secretary and the seal of
 23-8    the board.]
 23-9          [(e)  Any person who may feel himself aggrieved by reason of
23-10    the suspension or revocation of his certificate of registration of
23-11    the board, as hereinabove authorized, shall have the right to file
23-12    suit within 30 days of receiving notice of the board's order
23-13    suspending or revoking his certificate of registration in the
23-14    district court in the county of his residence or the county in
23-15    which the alleged events relied upon, and grounds for the
23-16    suspension or revocation, took place, to annul or vacate the order
23-17    of the board;  said suit to be filed against the board as
23-18    defendant, and service of process may be had upon its chairman or
23-19    secretary.  The only issues to be tried in such cause shall be
23-20    whether such person has been guilty as originally found by the
23-21    board, which issue shall be by trial de novo, as that term is
23-22    commonly used in connection with an appeal from the justice of the
23-23    peace court to the county court, and the substantial evidence rule
23-24    shall not apply.]
23-25          SECTION 2.05.  Chapter 457, Acts of the 61st Legislature,
23-26    Regular Session, 1969 (Article 249c, Vernon's Texas Civil
23-27    Statutes), is amended by adding Section 8D to read as follows:
 24-1          Sec. 8D.  SEAL.  (a)  Each landscape architect shall obtain
 24-2    and keep a seal with which the person shall stamp or impress each
 24-3    drawing or specification issued from the person's office for use in
 24-4    this state.
 24-5          (b)  The board shall prescribe the form of the seal.  The
 24-6    design of the seal shall be the same as that used by the board,
 24-7    except that it shall bear the words "Registered Landscape
 24-8    Architect, State of Texas" instead of "Texas Board of Architectural
 24-9    Examiners."
24-10          (c)  A person may not use or attempt to use a seal described
24-11    by Subsection (b) of this section, a similar seal, or a replica of
24-12    a seal described by Subsection (b) of this section unless the use
24-13    is by and through a landscape architect.
24-14          (d)  A landscape architect may not authorize or permit the
24-15    use of the landscape architect's seal by an unregistered person
24-16    without the landscape architect's personal supervision.  The board
24-17    may cancel the registration certificate of a landscape architect
24-18    who violates this subsection.
24-19          SECTION 2.06.  Section 9(a), Chapter 457, Acts of the 61st
24-20    Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
24-21    Civil Statutes), is amended to read as follows:
24-22          (a)  A person may not represent the person [who represents
24-23    himself] to be a landscape architect in this state without being
24-24    registered or exempted in accordance with the provisions of this
24-25    Act, present or attempt [any person presenting or attempting] to
24-26    use as the person's [his] own[,] the certificate of registration or
24-27    the seal of another, [or any person who shall] give any false or
 25-1    forged evidence of any kind to the board or to any member thereof
 25-2    in obtaining or assisting in attaining for another a certificate of
 25-3    registration, or [any person who shall] violate any other provision
 25-4    [of the provisions] of this Act.  A person who violates this
 25-5    section is subject to the penalties provided by Section 8 of this
 25-6    Act[, shall be fined not less than $25 nor more than $200].  Each
 25-7    day of such violation shall be a separate violation [offense].
 25-8          SECTION 2.07.  Section 10(b), Chapter 457, Acts of the 61st
 25-9    Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
25-10    Civil Statutes), is amended to read as follows:
25-11          (b)  All sums of money paid to the board under the provisions
25-12    of this Act[,] shall be deposited to the credit of [in] the General
25-13    Revenue [Architectural Examiners] Fund.
25-14          SECTION 2.08.  Chapter 457, Acts of the 61st Legislature,
25-15    Regular Session, 1969 (Article 249c, Vernon's Texas Civil
25-16    Statutes), is amended by adding Section 11 to read as follows:
25-17          Sec. 11.  SUBPOENA.  (a)  The board may request and, if
25-18    necessary, compel by subpoena the attendance of witnesses for
25-19    examination under oath and the production for inspection and
25-20    copying of books, accounts, records, papers, correspondence,
25-21    documents, and other evidence relevant to the investigation of
25-22    alleged violations of this Act.
25-23          (b)  If a person fails to comply with a subpoena issued under
25-24    this section, the board, acting through the attorney general, may
25-25    file suit to enforce the subpoena in a district court in Travis
25-26    County or in the county in which a hearing conducted by the board
25-27    may be held.  The court, if it determines that good cause exists
 26-1    for the issuance of the subpoena, shall order compliance with the
 26-2    requirements of the subpoena.  Failure to obey the order of the
 26-3    court may be punished by the court as contempt.
 26-4           ARTICLE 3.  REGULATION OF PRACTICE OF INTERIOR DESIGN
 26-5          SECTION 3.01.  Section 5, Article 249e, Revised Statutes, is
 26-6    amended by amending Subsection (d) and adding Subsection (h) to
 26-7    read as follows:
 26-8          (d)  The board shall adopt rules consistent with this article
 26-9    for the general administration of its provisions as provided by
26-10    Chapters 2001 and 2002, Government Code [the Administrative
26-11    Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
26-12    Civil Statutes)].
26-13          (h)  The board may request and, if necessary, compel by
26-14    subpoena the attendance of witnesses for examination under oath and
26-15    the production for inspection and copying of books, accounts,
26-16    records, papers, correspondence, documents, and other evidence
26-17    relevant to the investigation of alleged violations of this
26-18    article.  If a person fails to comply with a subpoena issued under
26-19    this subsection, the board, acting through the attorney general,
26-20    may file suit to enforce the subpoena in a district court in Travis
26-21    County or in the county in which a hearing conducted by the board
26-22    may be held.  The court, if it determines that good cause exists
26-23    for the issuance of the subpoena, shall order compliance with the
26-24    requirements of the subpoena.  Failure to obey the order of the
26-25    court may be punished by the court as contempt.
26-26          SECTION 3.02.  Section 6, Article 249e, Revised Statutes, is
26-27    amended by amending Subsections (a) and (b) and adding Subsection
 27-1    (d) to read as follows:
 27-2          (a)  All fees received by the board under this article shall
 27-3    be deposited to the credit of the general revenue [architectural
 27-4    examiners] fund [and may be spent by the board only in the
 27-5    administration of its statutory powers and duties].
 27-6          (b)  The board shall set the following fees, unless otherwise
 27-7    set in the General Appropriations Act, in amounts that are
 27-8    reasonable and necessary to cover the costs of the administration
 27-9    of this article:
27-10                (1)  a registration application fee [in an amount not
27-11    to exceed $100];
27-12                (2)  an annual registration renewal fee [in an amount
27-13    not to exceed $100];
27-14                (3)  a reciprocal registration fee [in an amount not to
27-15    exceed $100]; and
27-16                (4)  an examination fee.
27-17          (d)  The board may accept payment of a fee by electronic
27-18    means.  If a fee is paid by electronic means, the board may charge
27-19    a fee for processing the payment by electronic means.  The board
27-20    shall set the processing fee in an amount that is reasonably
27-21    related to the expense incurred by the board in processing the
27-22    payment by electronic means, not to exceed five percent of the
27-23    amount of the fee.
27-24          SECTION 3.03.  Sections 9(b), (c), and (d), Article 249e,
27-25    Revised Statutes, are amended to read as follows:
27-26          (b)  The application for admission to the registration
27-27    examination must be accompanied by evidence satisfactory to the
 28-1    board that the applicant[:]
 28-2                [(1)  has engaged in professional education in interior
 28-3    design and has experience in the field of interior design for
 28-4    periods that, when combined, total at least six years; or]
 28-5                [(2)]  has graduated from an interior design
 28-6    educational program recognized and approved by the board and has
 28-7    [at least one year of] professional experience in the field of
 28-8    interior design.
 28-9          (c)  [In determining eligibility for the examination under
28-10    Subsection (b)(1) of this section, the board may not give credit
28-11    for more than five years of professional education.]
28-12          [(d)]  The board shall adopt rules establishing standards
28-13    for:
28-14                (1)  the amounts and types of professional [education
28-15    and] experience necessary for registration examination eligibility;
28-16    and
28-17                (2)  the recognition and approval of interior design
28-18    educational programs.
28-19          SECTION 3.04.  Sections 14(b), (c), and (e), Article 249e,
28-20    Revised Statutes, are amended to read as follows:
28-21          (b)  If a person's registration certificate has been expired
28-22    for 90 days or less, the person may renew the registration by:
28-23                (1)  paying to the board the unpaid [required] renewal
28-24    fee and a penalty fee in an amount determined by the board; and
28-25                (2)  submitting to the board proof satisfactory to the
28-26    board of compliance with the continuing education requirement of
28-27    the board [that is one-half of the registration examination fee].
 29-1          (c)  If a person's registration certificate has been expired
 29-2    for longer than 90 days but less than one year, the person may
 29-3    renew the registration by:
 29-4                (1)  paying to the board the unpaid renewal fee and a
 29-5    penalty fee in an amount determined by the board; and
 29-6                (2)  submitting to the board proof satisfactory to the
 29-7    board of compliance with the continuing education requirement of
 29-8    the board [that is equal to the registration examination fee].
 29-9          (e)  If failure to renew continues for one year or longer
29-10    after the date of expiration of the registration certificate, the
29-11    certificate may be revoked.  The board may require an applicant for
29-12    renewal whose registration has been revoked under this subsection
29-13    to pass the registration examination.  If the applicant passes the
29-14    examination, the registration may be renewed on payment of a fee in
29-15    an amount determined by the board [equal to the examination fee].
29-16          SECTION 3.05.  Article 249e, Revised Statutes, is amended by
29-17    adding Section 17 to read as follows:
29-18          Sec. 17.  ADMINISTRATIVE PENALTY.  (a)  The board may assess
29-19    an administrative penalty against a person on a ground provided by
29-20    Section 15(a) of this article, including a violation of Section 3
29-21    of this article.
29-22          (b)  If, after investigation of the facts surrounding an
29-23    allegation of a ground for a sanction provided by Section 15(a) of
29-24    this article, including a violation of Section 3 of this article,
29-25    the executive director determines that a ground exists for a
29-26    sanction, the executive director may issue a report stating the
29-27    facts on which the determination that a ground exists for a
 30-1    sanction is based, recommending that an administrative penalty
 30-2    under this section be imposed on the person charged, and
 30-3    recommending the amount of that proposed penalty.  The executive
 30-4    director shall base the recommended amount of the proposed penalty
 30-5    on the seriousness of the determined ground.  The seriousness of
 30-6    the ground shall be determined by consideration of the factors
 30-7    prescribed by Subsection (g) of this section.
 30-8          (c)  Not later than the 14th day after the date on which the
 30-9    report is issued, the executive director shall give written notice
30-10    of the report to the person charged.  The notice shall include a
30-11    brief summary of the charges, a statement of the amount of the
30-12    penalty recommended, and a statement of the right of the person
30-13    charged to a hearing on the occurrence of a ground for the penalty
30-14    or on the amount of the penalty, or both the occurrence of the
30-15    ground and the amount of the penalty.
30-16          (d)  Not later than the 20th day after the date on which the
30-17    notice is received, the person charged may accept the determination
30-18    of the executive director, including the recommended penalty, or
30-19    may make a request for a hearing on the determination.
30-20          (e)  If the person charged accepts the determination of the
30-21    executive director, the board shall issue an order approving the
30-22    determination and ordering the payment of the recommended penalty.
30-23          (f)  If the person charged requests a hearing or fails timely
30-24    to respond to the notice, the board shall set a hearing and give
30-25    notice of the hearing.  All proceedings under this subsection
30-26    relating to a person charged who holds a registration certificate
30-27    issued by the board are subject to Chapter 2001, Government Code.
 31-1          (g)  In determining the amount of the penalty, the board
 31-2    shall consider:
 31-3                (1)  the seriousness of the conduct that is the source
 31-4    of the ground, including consideration of the nature,
 31-5    circumstances, extent, and gravity of any relevant acts or
 31-6    omissions, and of the hazard or potential hazard created to the
 31-7    health or safety of the public;
 31-8                (2)  the economic damage to property caused by the
 31-9    conduct;
31-10                (3)  the charged person's history concerning previous
31-11    grounds for sanction;
31-12                (4)  the amount necessary to deter future grounds for
31-13    sanction;
31-14                (5)  efforts to correct the ground for sanction; and
31-15                (6)  any other matter justice may require.
31-16          (h)  The executive director shall give notice of the board's
31-17    order to the person charged.  The notice must include:
31-18                (1)  the findings of fact and conclusions of law,
31-19    separately stated;
31-20                (2)  the amount of the penalty ordered, if any;
31-21                (3)  a statement of the right of the person charged to
31-22    judicial review of the board's order; and
31-23                (4)  other information required by law.
31-24          (i)  If the person charged holds a registration certificate
31-25    issued by the board, the board's order becomes final as provided by
31-26    Section 2001.144, Government Code.  If the person charged does not
31-27    hold a registration certificate issued by the board, the board's
 32-1    order becomes final on the 20th day after the date the order is
 32-2    rendered.  Within the 30 days after the date on which the board's
 32-3    order becomes final, the person charged with the penalty shall pay
 32-4    the penalty in full unless the person has filed a petition for
 32-5    judicial review of the order.
 32-6          (j)  If the person files a petition for judicial review
 32-7    contesting the amount of the penalty or the occurrence of the
 32-8    ground for sanction, or both, the person shall, within 30 days
 32-9    after the date on which the board's order becomes final:
32-10                (1)  forward the amount of the penalty to the board for
32-11    placement in an escrow account;
32-12                (2)  post with the board a supersedeas bond in a form
32-13    approved by the board for the amount of the penalty, the bond to be
32-14    effective until all judicial review of the order or decision is
32-15    final; or
32-16                (3)  file with the board an affidavit sworn by the
32-17    person charged stating that the person is financially unable to
32-18    forward the amount of the penalty or to post the bond.
32-19          (k)  If the person charged fails to pay the penalty in full
32-20    as provided by Subsection (i) of this section or to timely comply
32-21    with Subsection (j) of this section, the board may forward the
32-22    matter to the attorney general for enforcement.
32-23          (l)  Judicial review of the order or decision of the board
32-24    assessing the penalty shall be under the substantial evidence rule
32-25    and shall be instituted by filing a petition with a district court
32-26    in Travis County, as provided by Subchapter G, Chapter 2001,
32-27    Government Code.
 33-1          (m)  If a penalty is reduced or is not assessed by the
 33-2    reviewing court, the board shall remit to the person charged the
 33-3    appropriate amount plus accrued interest if the penalty has been
 33-4    paid or shall execute a release of the bond if a supersedeas bond
 33-5    has been posted.  The accrued interest on amounts remitted by the
 33-6    board under this subsection shall be paid at a rate equal to the
 33-7    rate charged on loans to depository institutions by the New York
 33-8    Federal Reserve Bank and shall be paid for the period beginning on
 33-9    the date the penalty is paid to the board under Subsection (i) of
33-10    this section and ending on the date the fine is remitted.
33-11          (n)  A penalty collected under this section shall be
33-12    deposited to the credit of the general revenue fund.
33-13             ARTICLE 4.  TRANSITION; EFFECTIVE DATE; EMERGENCY
33-14          SECTION 4.01.  (a)  The change in law made by Section 1.08 of
33-15    this Act applies only to an applicant who has not begun obtaining
33-16    architectural schooling or experience described by Section 7(c),
33-17    Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
33-18    (Article 249a, Vernon's Texas Civil Statutes), before the effective
33-19    date of this Act.  An applicant who has begun obtaining
33-20    architectural schooling or experience described by that subsection
33-21    before the effective date of this Act is governed by the law as it
33-22    existed immediately before the effective date of this Act, and that
33-23    law is continued in effect for that purpose.
33-24          (b)  The change in law made by Section 2.02 of this Act
33-25    applies only to an applicant who has not begun obtaining
33-26    professional education or experience described by Section 5(a),
33-27    Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
 34-1    (Article 249c, Vernon's Texas Civil Statutes), before the effective
 34-2    date of this Act.  An applicant who has begun obtaining
 34-3    professional education or experience described by that subsection
 34-4    before the effective date of this Act is governed by the law as it
 34-5    existed immediately before the effective date of this Act, and that
 34-6    law is continued in effect for that purpose.
 34-7          (c)  The change in law made by Section 3.03 of this Act
 34-8    applies only to an applicant who has not begun obtaining
 34-9    professional education or experience described by Section 9(b)(1),
34-10    Article 249e, Revised Statutes, before the effective date of this
34-11    Act.  An applicant who has begun obtaining professional education
34-12    or experience described by that subsection before the effective
34-13    date of this Act is governed by the law as it existed immediately
34-14    before the effective date of this Act, and that law is continued in
34-15    effect for that purpose.
34-16          SECTION 4.02.  This Act takes effect September 1, 1999.
34-17          SECTION 4.03.  The importance of this legislation and the
34-18    crowded condition of the calendars in both houses create an
34-19    emergency and an imperative public necessity that the
34-20    constitutional rule requiring bills to be read on three several
34-21    days in each house be suspended, and this rule is hereby suspended.