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.