By Farrar                                             H.B. No. 1248
         76R641 SMH-D                           
                                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.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5             ARTICLE 1.  REGULATION OF PRACTICE OF ARCHITECTURE
 1-6           SECTION 1.01.  Section 3, Chapter 478, Acts of the 45th
 1-7     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
 1-8     Civil Statutes), is amended by amending Subsections (e) and (h) and
 1-9     adding Subsection (j) to read as follows:
1-10           (e)  The Board shall [may] recognize, prepare, or administer
1-11     continuing education programs for architects, interior designers,
1-12     and [or] landscape architects, including programs relating to the
1-13     requirements of the Americans with Disabilities Act of 1990 (42
1-14     U.S.C. Section 12101 et seq.) and Article 9102, Revised Statutes.
1-15     Participation in the programs is mandatory [voluntary].
1-16           (h)  The Board may set a fee for any action of the Board
1-17     involving an administrative expense in an amount that is reasonable
1-18     and necessary to cover the cost of the administration of this Act,
1-19     unless otherwise set by this Act or by the General Appropriations
1-20     Act.  The Board may accept payment of a fee by credit card.  If a
1-21     fee is paid by credit card, the Board may charge a fee for
1-22     processing the payment by credit card.  The Board shall set the
1-23     processing fee in an amount that is reasonably related to the
1-24     expense incurred by the Board in processing the payment by credit
 2-1     card, not to exceed five percent of the amount of the fee.
 2-2           (j)  The Board may request and, if necessary, compel by
 2-3     subpoena the attendance of witnesses for examination under oath and
 2-4     the production for inspection and copying of books, accounts,
 2-5     records, papers, correspondence, documents, and other evidence
 2-6     relevant to the investigation of alleged violations of this Act.
 2-7     If a person fails to comply with a subpoena issued under this
 2-8     subsection, the Board, acting through the attorney general, may
 2-9     file suit to enforce the subpoena in a district court in Travis
2-10     County or in the county in which a hearing conducted by the Board
2-11     may be held.  The court, if it determines that good cause exists
2-12     for the issuance of the subpoena, shall order compliance with the
2-13     requirements of the subpoena.  Failure to obey the order of the
2-14     court may be punished by the court as contempt.
2-15           SECTION 1.02.  Section 4C(a), Chapter 478, Acts of the 45th
2-16     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-17     Civil Statutes), is amended to read as follows:
2-18           (a)  Each of the following fees imposed by or under another
2-19     section of this Act is increased by $200:
2-20                 (1)  [fee for application for examination;]
2-21                 [(2)  fee for out-of-state application for examination;]
2-22                 [(3)]  fee for application for certificate by person
2-23     possessing a valid certificate or license to practice architecture
2-24     in another state; and
2-25                 (2) [(4)]  fee for renewal of certificate of
2-26     registration.
2-27           SECTION 1.03.  Section 7, Chapter 478, Acts of the 45th
 3-1     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
 3-2     Civil Statutes), is amended to read as follows:
 3-3           Sec. 7.  [(a)]  An applicant for examination for registration
 3-4     as an architect in this State shall present a diploma from and be a
 3-5     graduate of a recognized university or college of architecture
 3-6     approved by the Board and shall also present evidence acceptable to
 3-7     the Board of such applicant's having had satisfactory experience in
 3-8     architecture, in the office or offices of one or more legally
 3-9     practicing architects, as prescribed in the rules and regulations
3-10     adopted by the Board.
3-11           [(c)  The Board shall also accept for examination, an
3-12     applicant, although not a graduate as above required, who possesses
3-13     all of the other qualifications and furnishes evidence acceptable
3-14     to the Board of his or her having completed not less than eight
3-15     years' satisfactory experience in architecture in the office or
3-16     offices of one or more legally practicing architects, or any
3-17     combination of architectural schooling and experience acceptable to
3-18     the Board totaling eight years.]
3-19           SECTION 1.04.  Sections 11(b) and (n), Chapter 478, Acts of
3-20     the 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
3-21     Texas Civil Statutes), are amended to read as follows:
3-22           (b)  The Board may revoke or suspend a registration
3-23     certificate, place on probation a person whose registration
3-24     certificate has been suspended, reprimand a person registered under
3-25     this Act, or assess an administrative penalty against a person
3-26     [registered under this Act] in an amount not to exceed $1,000 on
3-27     the following grounds:
 4-1                 (1)  a violation of this Act or of a rule of the Board
 4-2     adopted under this Act;
 4-3                 (2)  a cause for which the Board is authorized to
 4-4     refuse to grant a registration certificate;
 4-5                 (3)  gross incompetency;
 4-6                 (4)  recklessness in the construction or alteration of
 4-7     a building by an architect designing, planning, or observing the
 4-8     construction or alteration;
 4-9                 (5)  dishonest practice by one holding a registration
4-10     certificate; or
4-11                 (6)  for failing to timely provide plans and
4-12     specifications to the Texas Department of Licensing and Regulation
4-13     as required by Article 9102, Revised Statutes.
4-14           (n)  [Failure to comply timely with the requirements of
4-15     Subsection (m) of this section results in a waiver of all legal
4-16     rights to judicial review.]  If the person charged fails to pay the
4-17     penalty in full as provided by Subsection (l) of this section or to
4-18     timely comply with Subsection (m) of this section, the Board may
4-19     forward the matter to the attorney general for enforcement.
4-20           SECTION 1.05.  Sections 12(d), (e), (f), (g), and (h),
4-21     Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
4-22     (Article 249a, Vernon's Texas Civil Statutes), are amended to read
4-23     as follows:
4-24           (d)  Upon receipt of the required fee within the time and in
4-25     the manner provided by this section and receipt of proof
4-26     satisfactory to the Board of compliance with the continuing
4-27     education requirement of the Board, the designated officer or
 5-1     employee of the Board shall issue to the registered architect a
 5-2     certificate of renewal of his or her registration certificate for
 5-3     the term of one year.
 5-4           (e)  A person may renew an unexpired registration certificate
 5-5     by:
 5-6                 (1)  paying to the Board before the expiration date the
 5-7     required renewal fee; and
 5-8                 (2)  submitting to the Board proof satisfactory to the
 5-9     Board of compliance with the continuing education requirement of
5-10     the Board.
5-11           (f)  If a person's registration has been expired for 90 days
5-12     or less, the person may renew the registration by:
5-13                 (1)  paying to the Board the required renewal fee and a
5-14     penalty fee in an amount determined by the Board; and
5-15                 (2)  submitting to the Board proof satisfactory to the
5-16     Board of compliance with the continuing education requirement of
5-17     the Board [that is one-half of the examination fee].
5-18           (g)  If a person's registration has been expired for longer
5-19     than 90 days but less than one year, the person may renew the
5-20     registration by:
5-21                 (1)  paying to the Board the unpaid renewal fee and a
5-22     penalty fee in an amount determined by the Board; and
5-23                 (2)  submitting to the Board proof satisfactory to the
5-24     Board of compliance with the continuing education requirement of
5-25     the Board [that is equal to the examination fee for the
5-26     registration].
5-27           (h)  If failure to renew continues for one year or longer
 6-1     after the date of expiration of the certificate of registration,
 6-2     such certificate to practice architecture in this State may be
 6-3     revoked and an entry of such revocation made in the official
 6-4     records of the Board; and thereafter the applicant may be required
 6-5     in the discretion of the Board in each case to take and
 6-6     satisfactorily pass such examination as may be prescribed by the
 6-7     Board, and if the applicant passes such examination successfully
 6-8     the fee to be paid upon the reinstatement of the registration
 6-9     certificate shall be in an amount determined by the Board [equal to
6-10     the examination fee].
6-11           SECTION 1.06.  Section 14, Chapter 478, Acts of the 45th
6-12     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-13     Civil Statutes), is amended to read as follows:
6-14           Sec. 14.  The following persons shall be exempt from the
6-15     provisions of this Act, provided that such persons do not in any
6-16     manner represent themselves to be an architect, architectural
6-17     designer, or other title of profession or business using some form
6-18     of the word "Architect" as prohibited by Section 13 of this Act:
6-19                 1.  a person who engages in or is employed in the
6-20     practice of architecture solely as an officer or employee of the
6-21     United States, but persons so engaged or employed shall not engage
6-22     in the private practice of architecture in this State without first
6-23     having a registration certificate as herein provided;
6-24                 2.  a person who is a legally qualified architect
6-25     residing in another State or country outside the border of the
6-26     United States, who does not maintain nor open offices in this
6-27     State, who agrees to perform or holds himself or herself out as
 7-1     able to perform any of the professional services involved in the
 7-2     practice of architecture, provided that when performing the
 7-3     architectural service in this State, he or she employs a resident
 7-4     registered architect of this State as a consultant, or acts as a
 7-5     consultant of a registered architect in this State or first becomes
 7-6     registered as an architect in this State as provided by this Act;
 7-7                 3.  a person who prepares architectural plans and
 7-8     specifications for or observes or supervises the alteration of any
 7-9     building, provided the alteration will not involve structural or
7-10     exitway changes to the building which are substantial and major.
7-11                 The plans and specifications for an alteration to a
7-12     building described in Subdivision (4) of this section may be
7-13     prepared by a person who is not a registered architect;
7-14                 4.  a person who prepares architectural plans and
7-15     specifications for or observes or supervises the construction,
7-16     enlargement, or alteration of a privately owned building which is:
7-17                       (A)  a building used primarily for farm, ranch,
7-18     or agricultural purposes or used primarily for storage of raw
7-19     agricultural commodities;
7-20                       (B)  a single-family or a dual-family dwelling
7-21     and any buildings and appurtenances associated with such dwelling;
7-22                       (C)  a multifamily dwelling that does not exceed
7-23     a height of two (2) stories and does not exceed sixteen (16) units
7-24     per building; or
7-25                       (D)  a building that does not exceed a height of
7-26     two (2) stories and does not exceed a square footage of 20,000
7-27     square feet unless the building is described in Paragraph
 8-1     [Paragraphs] (A), [and] (B), or (C) of this subdivision[;]
 8-2                       [(E)  a building that does not exceed a square
 8-3     footage of twenty thousand (20,000) square feet unless the building
 8-4     is described in Paragraphs (A), (B), and (C) of this subdivision].
 8-5        ARTICLE 2.  REGULATION OF PRACTICE OF LANDSCAPE ARCHITECTURE
 8-6           SECTION 2.01.  Section 4(b), Chapter 457, Acts of the 61st
 8-7     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
 8-8     Civil Statutes), is amended to read as follows:
 8-9           (b)  The board may set a fee for any action of the board
8-10     involving an administrative expense in an amount that is reasonable
8-11     and necessary to cover the cost of the administration of this Act,
8-12     unless otherwise set by this Act or by the General Appropriations
8-13     Act.  The board may accept payment of a fee by credit card.  If a
8-14     fee is paid by credit card, the board may charge a fee for
8-15     processing the payment by credit card.  The board shall set the
8-16     processing fee in an amount that is reasonably related to the
8-17     expense incurred by the board in processing the payment by credit
8-18     card, not to exceed five percent of the amount of the fee.
8-19           SECTION 2.02.  Section 5(a), Chapter 457, Acts of the 61st
8-20     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
8-21     Civil Statutes), is amended to read as follows:
8-22           (a)  No person shall represent himself as a landscape
8-23     architect, as defined herein, unless such person has previously
8-24     qualified to be registered under this Act or satisfactorily passes
8-25     the examination as may be prescribed by the board to be registered
8-26     as provided herein.  The following persons shall be qualified for
8-27     registration and receive a registration certificate:  any person
 9-1     who has a degree from a school whose study of landscape
 9-2     architecture is approved by the board[, or shall have had not less
 9-3     than seven years' actual experience in the office of a registered
 9-4     landscape architect,] may apply for examination.  The application
 9-5     must be accompanied by a registration fee, set by the board in an
 9-6     amount that is reasonable and necessary to defray administrative
 9-7     costs, not to exceed $250. The examination shall be approved by the
 9-8     members of the board and shall be given by the board at its office
 9-9     in Austin, Travis County, Texas, or such other place as the board
9-10     may determine or designate.  The scope of the examination and the
9-11     methods of procedure shall be prescribed by the board with special
9-12     reference to the applicant's ability which will insure safety to
9-13     the public welfare and the property rights.
9-14           SECTION 2.03.  Sections 7(d), (e), (f), (g), and (h), Chapter
9-15     457, Acts of the 61st Legislature, Regular Session, 1969 (Article
9-16     249c, Vernon's Texas Civil Statutes), are amended to read as
9-17     follows:
9-18           (d)  Upon receipt of the required fee within the time and in
9-19     the manner provided by this section and receipt of proof
9-20     satisfactory to the board of compliance with the continuing
9-21     education requirement of the board, the designated officer or
9-22     employee of the board shall issue to the licensed landscape
9-23     architect a certificate of renewal of his registration certificate
9-24     for the term of one year.
9-25           (e)  A person may renew an unexpired registration certificate
9-26     by:
9-27                 (1)  paying to the board before the expiration date the
 10-1    required renewal fee; and
 10-2                (2)  submitting to the board proof satisfactory to the
 10-3    board of compliance with the continuing education requirement of
 10-4    the board.
 10-5          (f)  If a person's registration has been expired for 90 days
 10-6    or less, the person may renew the registration by:
 10-7                (1)  paying to the board the required renewal fee and a
 10-8    penalty fee in an amount determined by the board; and
 10-9                (2)  submitting to the board proof satisfactory to the
10-10    board of compliance with the continuing education requirement of
10-11    the board [that is one-half of the examination fee].
10-12          (g)  If a person's registration has been expired for longer
10-13    than 90 days but less than one year, the person may renew the
10-14    registration by:
10-15                (1)  paying to the board all unpaid renewal fees and a
10-16    penalty fee in an amount determined by the board; and
10-17                (2)  submitting to the board proof satisfactory to the
10-18    board of compliance with the continuing education requirement of
10-19    the board [that is equal to the examination fee for the
10-20    registration].
10-21          (h)  If failure to renew continues for one year or longer
10-22    after the date of expiration of the certificate of registration,
10-23    the certificate may be revoked after notice and hearing as provided
10-24    by this Act and an entry of the revocation made in the official
10-25    records of the board. The board may require an applicant for
10-26    renewal whose registration has been revoked under this subsection
10-27    to pass the registration examination.  If the applicant passes the
 11-1    examination, the registration may be renewed on payment of a fee in
 11-2    an amount determined by the board [equal to the examination fee].
 11-3          SECTION 2.04.  Chapter 457, Acts of the 61st Legislature,
 11-4    Regular Session, 1969 (Article 249c, Vernon's Texas Civil
 11-5    Statutes), is amended by adding Sections 8D, 8E, and 11 to read as
 11-6    follows:
 11-7          Sec. 8D.  ADMINISTRATIVE PENALTY.  (a)  The board may assess
 11-8    an administrative penalty against a person on a ground provided by
 11-9    Section 8(a) of this Act.
11-10          (b)  If, after investigation of the facts surrounding an
11-11    allegation of a ground for a sanction provided by Section 8(a) of
11-12    this Act, the executive director determines that a ground exists
11-13    for a sanction, the executive director may issue a report stating
11-14    the facts on which the determination that a ground exists for a
11-15    sanction is based, recommending that an administrative penalty
11-16    under this section be imposed on the person charged, and
11-17    recommending the amount of that proposed penalty.  The executive
11-18    director shall base the recommended amount of the proposed penalty
11-19    on the seriousness of the determined ground.  The seriousness of
11-20    the ground shall be determined by consideration of the factors
11-21    prescribed by Subsection (g) of this section.
11-22          (c)  Not later than the 14th day after the date on which the
11-23    report is issued, the executive director shall give written notice
11-24    of the report to the person charged.  The notice shall include a
11-25    brief summary of the charges, a statement of the amount of the
11-26    penalty recommended, and a statement of the right of the person
11-27    charged to a hearing on the occurrence of a ground for the penalty
 12-1    or on the amount of the penalty, or both the occurrence of the
 12-2    ground and the amount of the penalty.
 12-3          (d)  Not later than the 20th day after the date on which the
 12-4    notice is received, the person charged may accept the determination
 12-5    of the executive director, including the recommended penalty, or
 12-6    may make a request for a hearing on the determination.
 12-7          (e)  If the person charged accepts the determination of the
 12-8    executive director, the board shall issue an order approving the
 12-9    determination and ordering the payment of the recommended penalty.
12-10          (f)  If the person charged requests a hearing or fails timely
12-11    to respond to the notice, the board shall set a hearing and give
12-12    notice of the hearing.  All proceedings under this subsection are
12-13    subject to Chapter 2001, Government Code.
12-14          (g)  In determining the amount of the penalty, the board
12-15    shall consider:
12-16                (1)  the seriousness of the conduct that is the source
12-17    of the ground, including consideration of the nature,
12-18    circumstances, extent, and gravity of any relevant acts or
12-19    omissions, and of the hazard or potential hazard created to the
12-20    health or safety of the public;
12-21                (2)  the economic damage to property caused by the
12-22    conduct;
12-23                (3)  the charged person's history concerning previous
12-24    grounds for sanction;
12-25                (4)  the amount necessary to deter future grounds for
12-26    sanction;
12-27                (5)  efforts to correct the ground for sanction; and
 13-1                (6)  any other matter justice may require.
 13-2          (h)  The executive director shall give notice of the board's
 13-3    order to the person charged.  The notice must include:
 13-4                (1)  the findings of fact and conclusions of law,
 13-5    separately stated;
 13-6                (2)  the amount of the penalty ordered, if any;
 13-7                (3)  a statement of the right of the person charged to
 13-8    judicial review of the board's order; and
 13-9                (4)  other information required by law.
13-10          (i)  Within the 30 days after the date on which the board's
13-11    order becomes final as provided by Section 2001.144, Government
13-12    Code, the person charged with the penalty shall pay the penalty in
13-13    full unless the person has filed a petition for judicial review of
13-14    the order.
13-15          (j)  If the person files a petition for judicial review
13-16    contesting the amount of the penalty or the occurrence of the
13-17    ground for sanction, or both, the person shall, within 30 days
13-18    after the date on which the board's order becomes final:
13-19                (1)  forward the amount of the penalty to the board for
13-20    placement in an escrow account;
13-21                (2)  post with the board a supersedeas bond in a form
13-22    approved by the board for the amount of the penalty, the bond to be
13-23    effective until all judicial review of the order or decision is
13-24    final; or
13-25                (3)  file with the board an affidavit sworn by the
13-26    person charged stating that the person is financially unable to
13-27    forward the amount of the penalty or to post the bond.
 14-1          (k)  If the person charged fails to pay the penalty in full
 14-2    as provided by Subsection (i) of this section or to timely comply
 14-3    with Subsection (j) of this section, the board may forward the
 14-4    matter to the attorney general for enforcement.
 14-5          (l)  Judicial review of the order or decision of the board
 14-6    assessing the penalty shall be under the substantial evidence rule
 14-7    and shall be instituted by filing a petition with a district court
 14-8    in Travis County, as provided by Subchapter G, Chapter 2001,
 14-9    Government Code.
14-10          (m)  If a penalty is reduced or is not assessed by the
14-11    reviewing court, the board shall remit to the person charged the
14-12    appropriate amount plus accrued interest if the penalty has been
14-13    paid or shall execute a release of the bond if a supersedeas bond
14-14    has been posted.  The accrued interest on amounts remitted by the
14-15    board under this subsection shall be paid at a rate equal to the
14-16    rate charged on loans to depository institutions by the New York
14-17    Federal Reserve Bank and shall be paid for the period beginning on
14-18    the date the penalty is paid to the board under Subsection (i) of
14-19    this section and ending on the date the fine is remitted.
14-20          (n)  A penalty collected under this section shall be
14-21    deposited in the state treasury to the credit of the general
14-22    revenue fund.
14-23          Sec. 8E.  SEAL.  (a)  Each landscape architect shall obtain
14-24    and keep a seal with which the person shall stamp or impress each
14-25    drawing or specification issued from the person's office for use in
14-26    this state.
14-27          (b)  The board shall prescribe the form of the seal.  The
 15-1    design of the seal shall be the same as that used by the board,
 15-2    except that it shall bear the words "Registered Landscape
 15-3    Architect, State of Texas" instead of "Texas Board of Architectural
 15-4    Examiners."
 15-5          (c)  A person may not use or attempt to use a seal described
 15-6    by Subsection (b) of this section, a similar seal, or a replica of
 15-7    a seal described by Subsection (b) of this section unless the use
 15-8    is by and through a landscape architect.
 15-9          (d)  A landscape architect may not authorize or permit the
15-10    use of the landscape architect's seal by an unregistered person
15-11    without the landscape architect's personal supervision.  The board
15-12    may cancel the registration certificate of a landscape architect
15-13    who violates this subsection.
15-14          Sec. 11.  SUBPOENA.  (a)  The board may request and, if
15-15    necessary, compel by subpoena the attendance of witnesses for
15-16    examination under oath and the production for inspection and
15-17    copying of books, accounts, records, papers, correspondence,
15-18    documents, and other evidence relevant to the investigation of
15-19    alleged violations of this Act.
15-20          (b)  If a person fails to comply with a subpoena issued under
15-21    this section, the board, acting through the attorney general, may
15-22    file suit to enforce the subpoena in a district court in Travis
15-23    County or in the county in which a hearing conducted by the board
15-24    may be held.  The court, if it determines that good cause exists
15-25    for the issuance of the subpoena, shall order compliance with the
15-26    requirements of the subpoena.  Failure to obey the order of the
15-27    court may be punished by the court as contempt.
 16-1           ARTICLE 3.  REGULATION OF PRACTICE OF INTERIOR DESIGN
 16-2          SECTION 3.01.  Section 5, Article 249e, Revised Statutes, is
 16-3    amended by adding Subsection (h) to read as follows:
 16-4          (h)  The board may request and, if necessary, compel by
 16-5    subpoena the attendance of witnesses for examination under oath and
 16-6    the production for inspection and copying of books, accounts,
 16-7    records, papers, correspondence, documents, and other evidence
 16-8    relevant to the investigation of alleged violations of this
 16-9    article.  If a person fails to comply with a subpoena issued under
16-10    this subsection, the board, acting through the attorney general,
16-11    may file suit to enforce the subpoena in a district court in Travis
16-12    County or in the county in which a hearing conducted by the board
16-13    may be held.  The court, if it determines that good cause exists
16-14    for the issuance of the subpoena, shall order compliance with the
16-15    requirements of the subpoena.  Failure to obey the order of the
16-16    court may be punished by the court as contempt.
16-17          SECTION 3.02.  Section 6, Article 249e, Revised Statutes, is
16-18    amended by adding Subsection (d) to read as follows:
16-19          (d)  The board may accept payment of a fee by credit card.
16-20    If a fee is paid by credit card, the board may charge a fee for
16-21    processing the payment by credit card.  The board shall set the
16-22    processing fee in an amount that is reasonably related to the
16-23    expense incurred by the board in processing the payment by credit
16-24    card, not to exceed five percent of the amount of the fee.
16-25          SECTION 3.03.  Sections 9(b), (c), and (d), Article 249e,
16-26    Revised Statutes, are amended to read as follows:
16-27          (b)  The application for admission to the registration
 17-1    examination must be accompanied by evidence satisfactory to the
 17-2    board that the applicant[:]
 17-3                [(1)  has engaged in professional education in interior
 17-4    design and has experience in the field of interior design for
 17-5    periods that, when combined, total at least six years; or]
 17-6                [(2)]  has graduated from an interior design
 17-7    educational program recognized and approved by the board and has at
 17-8    least one year of professional experience in the field of interior
 17-9    design.
17-10          (c)  [In determining eligibility for the examination under
17-11    Subsection (b)(1) of this section, the board may not give credit
17-12    for more than five years of professional education.]
17-13          [(d)]  The board shall adopt rules establishing standards
17-14    for:
17-15                (1)  the amounts and types of professional [education
17-16    and] experience necessary for registration examination eligibility;
17-17    and
17-18                (2)  the recognition and approval of interior design
17-19    educational programs.
17-20          SECTION 3.04.  Sections 14(b), (c), and (e), Article 249e,
17-21    Revised Statutes, are amended to read as follows:
17-22          (b)  If a person's registration certificate has been expired
17-23    for 90 days or less, the person may renew the registration by:
17-24                (1)  paying to the board the required renewal fee and a
17-25    penalty fee in an amount determined by the board; and
17-26                (2)  submitting to the board proof satisfactory to the
17-27    board of compliance with the continuing education requirement of
 18-1    the board [that is one-half of the registration examination fee].
 18-2          (c)  If a person's registration certificate has been expired
 18-3    for longer than 90 days but less than one year, the person may
 18-4    renew the registration by:
 18-5                (1)  paying to the board the unpaid renewal fee and a
 18-6    penalty fee in an amount determined by the board; and
 18-7                (2)  submitting to the board proof satisfactory to the
 18-8    board of compliance with the continuing education requirement of
 18-9    the board [that is equal to the registration examination fee].
18-10          (e)  If failure to renew continues for one year or longer
18-11    after the date of expiration of the registration certificate, the
18-12    certificate may be revoked.  The board may require an applicant for
18-13    renewal whose registration has been revoked under this subsection
18-14    to pass the registration examination.  If the applicant passes the
18-15    examination, the registration may be renewed on payment of a fee in
18-16    an amount determined by the board [equal to the examination fee].
18-17          SECTION 3.05.  Article 249e, Revised Statutes, is amended by
18-18    adding Section 17 to read as follows:
18-19          Sec. 17.  ADMINISTRATIVE PENALTY.  (a)  The board may assess
18-20    an administrative penalty against a person on a ground provided by
18-21    Section 15(a) of this article.
18-22          (b)  If, after investigation of the facts surrounding an
18-23    allegation of a ground for a sanction provided by Section 15(a) of
18-24    this article, the executive director determines that a ground
18-25    exists for a sanction, the executive director may issue a report
18-26    stating the facts on which the determination that a ground exists
18-27    for a sanction is based, recommending that an administrative
 19-1    penalty under this section be imposed on the person charged, and
 19-2    recommending the amount of that proposed penalty.  The executive
 19-3    director shall base the recommended amount of the proposed penalty
 19-4    on the seriousness of the determined ground.  The seriousness of
 19-5    the ground shall be determined by consideration of the factors
 19-6    prescribed by Subsection (g) of this section.
 19-7          (c)  Not later than the 14th day after the date on which the
 19-8    report is issued, the executive director shall give written notice
 19-9    of the report to the person charged.  The notice shall include a
19-10    brief summary of the charges, a statement of the amount of the
19-11    penalty recommended, and a statement of the right of the person
19-12    charged to a hearing on the occurrence of a ground for the penalty
19-13    or on the amount of the penalty, or both the occurrence of the
19-14    ground and the amount of the penalty.
19-15          (d)  Not later than the 20th day after the date on which the
19-16    notice is received, the person charged may accept the determination
19-17    of the executive director, including the recommended penalty, or
19-18    may make a request for a hearing on the determination.
19-19          (e)  If the person charged accepts the determination of the
19-20    executive director, the board shall issue an order approving the
19-21    determination and ordering the payment of the recommended penalty.
19-22          (f)  If the person charged requests a hearing or fails timely
19-23    to respond to the notice, the board shall set a hearing and give
19-24    notice of the hearing.  All proceedings under this subsection are
19-25    subject to Chapter 2001, Government Code.
19-26          (g)  In determining the amount of the penalty, the board
19-27    shall consider:
 20-1                (1)  the seriousness of the conduct that is the source
 20-2    of the ground, including consideration of the nature,
 20-3    circumstances, extent, and gravity of any relevant acts or
 20-4    omissions, and of the hazard or potential hazard created to the
 20-5    health or safety of the public;
 20-6                (2)  the economic damage to property caused by the
 20-7    conduct;
 20-8                (3)  the charged person's history concerning previous
 20-9    grounds for sanction;
20-10                (4)  the amount necessary to deter future grounds for
20-11    sanction;
20-12                (5)  efforts to correct the ground for sanction; and
20-13                (6)  any other matter justice may require.
20-14          (h)  The executive director shall give notice of the board's
20-15    order to the person charged.  The notice must include:
20-16                (1)  the findings of fact and conclusions of law,
20-17    separately stated;
20-18                (2)  the amount of the penalty ordered, if any;
20-19                (3)  a statement of the right of the person charged to
20-20    judicial review of the board's order; and
20-21                (4)  other information required by law.
20-22          (i)  Within the 30 days after the date on which the board's
20-23    order becomes final as provided by Section 2001.144, Government
20-24    Code, the person charged with the penalty shall pay the penalty in
20-25    full unless the person has filed a petition for judicial review of
20-26    the order.
20-27          (j)  If the person files a petition for judicial review
 21-1    contesting the amount of the penalty or the occurrence of the
 21-2    ground for sanction, or both, the person shall, within 30 days
 21-3    after the date on which the board's order becomes final:
 21-4                (1)  forward the amount of the penalty to the board for
 21-5    placement in an escrow account;
 21-6                (2)  post with the board a supersedeas bond in a form
 21-7    approved by the board for the amount of the penalty, the bond to be
 21-8    effective until all judicial review of the order or decision is
 21-9    final; or
21-10                (3)  file with the board an affidavit sworn by the
21-11    person charged stating that the person is financially unable to
21-12    forward the amount of the penalty or to post the bond.
21-13          (k)  If the person charged fails to pay the penalty in full
21-14    as provided by Subsection (i) of this section or to timely comply
21-15    with Subsection (j) of this section, the board may forward the
21-16    matter to the attorney general for enforcement.
21-17          (l)  Judicial review of the order or decision of the board
21-18    assessing the penalty shall be under the substantial evidence rule
21-19    and shall be instituted by filing a petition with a district court
21-20    in Travis County, as provided by Subchapter G, Chapter 2001,
21-21    Government Code.
21-22          (m)  If a penalty is reduced or is not assessed by the
21-23    reviewing court, the board shall remit to the person charged the
21-24    appropriate amount plus accrued interest if the penalty has been
21-25    paid or shall execute a release of the bond if a supersedeas bond
21-26    has been posted.  The accrued interest on amounts remitted by the
21-27    board under this subsection shall be paid at a rate equal to the
 22-1    rate charged on loans to depository institutions by the New York
 22-2    Federal Reserve Bank and shall be paid for the period beginning on
 22-3    the date the penalty is paid to the board under Subsection (i) of
 22-4    this section and ending on the date the fine is remitted.
 22-5          (n)  A penalty collected under this section shall be
 22-6    deposited in the state treasury to the credit of the general
 22-7    revenue fund.
 22-8             ARTICLE 4.  TRANSITION; EFFECTIVE DATE; EMERGENCY
 22-9          SECTION 4.01.  (a)  The change in law made by Section 1.03 of
22-10    this Act applies only to an applicant who has not begun obtaining
22-11    architectural schooling or experience described by Section 7(c),
22-12    Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
22-13    (Article 249a, Vernon's Texas Civil Statutes), before the effective
22-14    date of this Act.  An applicant who has begun obtaining
22-15    architectural schooling or experience described by that subsection
22-16    before the effective date of this Act is governed by the law as it
22-17    existed immediately before the effective date of this Act, and that
22-18    law is continued in effect for that purpose.
22-19          (b)  The change in law made by Section 2.02 of this Act
22-20    applies only to an applicant who has not begun obtaining experience
22-21    described by Section 5(a), Chapter 457, Acts of the 61st
22-22    Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
22-23    Civil Statutes), before the effective date of this Act.  An
22-24    applicant who has begun obtaining experience described by that
22-25    subsection before the effective date of this Act is governed by the
22-26    law as it existed immediately before the effective date of this
22-27    Act, and that law is continued in effect for that purpose.
 23-1          (c)  The change in law made by Section 3.03 of this Act
 23-2    applies only to an applicant who has not begun obtaining
 23-3    professional education or experience described by Section 9(b)(1),
 23-4    Article 249e, Revised Statutes, before the effective date of this
 23-5    Act.  An applicant who has begun obtaining experience described by
 23-6    that subsection before the effective date of this Act is governed
 23-7    by the law as it existed immediately before the effective date of
 23-8    this Act, and that law is continued in effect for that purpose.
 23-9          SECTION 4.02.  This Act takes effect September 1, 1999.
23-10          SECTION 4.03.  The importance of this legislation and the
23-11    crowded condition of the calendars in both houses create an
23-12    emergency and an imperative public necessity that the
23-13    constitutional rule requiring bills to be read on three several
23-14    days in each house be suspended, and this rule is hereby suspended.