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.