1-1 By: Farrar (Senate Sponsor - Lucio) H.B. No. 1248
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 8, Nays 1; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of the practice of architecture,
1-9 landscape architecture, and interior design; providing
1-10 administrative penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 ARTICLE 1. REGULATION OF PRACTICE OF ARCHITECTURE
1-13 SECTION 1.01. Sections 2(a), (e), (g), and (h), Chapter 478,
1-14 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
1-15 Vernon's Texas Civil Statutes), are amended to read as follows:
1-16 (a) The Texas Board of Architectural Examiners is composed
1-17 of nine members as follows:
1-18 (1) four members must be [reputable practicing]
1-19 architects who are registered under the laws of this [have resided
1-20 in the] State [of Texas and have been actively engaged in the
1-21 practice of architecture for the five years preceding their
1-22 appointment];
1-23 (2) one member must be a landscape architect who is
1-24 registered under the laws of this State;
1-25 (3) one member must be an [a professional] interior
1-26 designer who is registered under the laws of this State [Article
1-27 249e, Revised Statutes]; and
1-28 (4) three members must be representatives of the
1-29 general public and, notwithstanding Subsection (e) of this section,
1-30 at least one of the public members must be a person with a physical
1-31 disability.
1-32 (e) Appointments to the Board shall be made without regard
1-33 to the race, color, disability [handicap], sex, religion, age, or
1-34 national origin of the appointees.
1-35 (g) An officer, employee, or paid consultant of a Texas
1-36 trade association in the field of architecture, interior design, or
1-37 landscape architecture may not be a member of the Board or an
1-38 employee of the Board who is exempt from the state's position
1-39 classification plan or is compensated at or above the amount
1-40 prescribed by the General Appropriations Act for [step 1,] salary
1-41 group B9 [17,] of the position classification salary schedule.
1-42 (h) A person who is the spouse of an officer, manager, or
1-43 paid consultant of a Texas trade association in the field of
1-44 architecture, interior design, or landscape architecture may not be
1-45 a Board member and may not be a Board employee who is exempt from
1-46 the state's position classification plan or is compensated at or
1-47 above the amount prescribed by the General Appropriations Act for
1-48 [step 1,] salary group B9 [17,] of the position classification
1-49 salary schedule.
1-50 SECTION 1.02. Section 3, Chapter 478, Acts of the 45th
1-51 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
1-52 Civil Statutes), is amended by amending Subsections (a), (e), (h),
1-53 and (i) and adding Subsection (j) to read as follows:
1-54 (a) The members of the Texas Board of Architectural
1-55 Examiners shall, before entering upon the discharge of their
1-56 duties, qualify by subscribing to, before a Notary Public or other
1-57 officer authorized by law to administer oaths, and filing with the
1-58 Secretary of State, the Constitutional oath of office. The Governor
1-59 shall designate one member of the Board as chairman of the Board to
1-60 serve in that capacity at the pleasure of the Governor. The
1-61 members of the Board shall, annually in the month of January, elect
1-62 from their number a vice-chairman. A secretary-treasurer of this
1-63 Board shall be appointed by the Board and shall hold office at the
1-64 pleasure of the Board. The secretary-treasurer may, but need not,
2-1 be a Member of the Board. The secretary-treasurer, before entering
2-2 upon his duties, shall make and file a bond of not less than $5,000
2-3 with the State Comptroller. Said bond shall be payable to the
2-4 Governor of this State for the benefit of said Board; shall be
2-5 conditioned upon the faithful performance of the duties of such
2-6 officer, and shall be in such form as may be approved by the
2-7 Attorney General of this State; and shall be executed by a surety
2-8 company, as surety, and be approved by the Texas Board of
2-9 Architectural Examiners. The premium on the bond shall be paid
2-10 from the General Revenue [Architectural Examiners] Fund.
2-11 (e) The Board shall [may] recognize, prepare, or administer
2-12 continuing education programs for architects, interior designers,
2-13 and [or] landscape architects, including programs relating to the
2-14 requirements of the Americans with Disabilities Act of 1990 (42
2-15 U.S.C. Section 12101 et seq.) and Article 9102, Revised Statutes.
2-16 Participation in the programs is mandatory [voluntary].
2-17 (h) The Board may set a fee for any action of the Board
2-18 involving an administrative expense in an amount that is reasonable
2-19 and necessary to cover the cost of the administration of this Act,
2-20 unless otherwise set by this Act or by the General Appropriations
2-21 Act. The Board may accept payment of a fee by electronic means.
2-22 If a fee is paid by electronic means, the Board may charge a fee
2-23 for processing the payment by electronic means. The Board shall
2-24 set the processing fee in an amount that is reasonably related to
2-25 the expense incurred by the Board in processing the payment by
2-26 electronic means, not to exceed five percent of the amount of the
2-27 fee.
2-28 (i) The Board is subject to the open meetings law, Chapter
2-29 551, Government Code [271, Acts of the 60th Legislature, Regular
2-30 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
2-31 Statutes)], and Chapters 2001 and 2002, Government Code [the
2-32 Administrative Procedure and Texas Register Act, as amended
2-33 (Article 6252-13a, Vernon's Texas Civil Statutes)].
2-34 (j) The Board may request and, if necessary, compel by
2-35 subpoena the attendance of witnesses for examination under oath and
2-36 the production for inspection and copying of books, accounts,
2-37 records, papers, correspondence, documents, and other evidence
2-38 relevant to the investigation of alleged violations of this Act.
2-39 If a person fails to comply with a subpoena issued under this
2-40 subsection, the Board, acting through the attorney general, may
2-41 file suit to enforce the subpoena in a district court in Travis
2-42 County or in the county in which a hearing conducted by the Board
2-43 may be held. The court, if it determines that good cause exists
2-44 for the issuance of the subpoena, shall order compliance with the
2-45 requirements of the subpoena. Failure to obey the order of the
2-46 court may be punished by the court as contempt.
2-47 SECTION 1.03. Section 4(a), Chapter 478, Acts of the 45th
2-48 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-49 Civil Statutes), is amended to read as follows:
2-50 (a) All fees collected or money derived under the provisions
2-51 of this Act shall be received and accounted for by the executive
2-52 director [secretary-treasurer]. All of these funds which are
2-53 received shall be paid daily [weekly] to the comptroller [State
2-54 Comptroller, who shall keep this money in a separate fund to be
2-55 known as the Architectural Examiners Fund. This fund may be used
2-56 only for the administration of the powers and duties of the Board
2-57 and shall be paid out only by warrants of the State Comptroller,
2-58 upon itemized vouchers, approved by the chairman or acting chairman
2-59 and attested by the secretary-treasurer of the Board.
2-60 Disbursements shall not in any way be a charge upon the General
2-61 Revenue Fund of this State].
2-62 SECTION 1.04. Section 4A, Chapter 478, Acts of the 45th
2-63 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-64 Civil Statutes), is amended to read as follows:
2-65 Sec. 4A. [(a)] Each member of the Board is entitled to the
2-66 per diem set by legislative appropriation for each day that the
2-67 member engages in the business of the Board. A member is entitled
2-68 to compensation for travel expenses, including food, lodging, and
2-69 transportation expenses, as provided by the General Appropriations
3-1 Act.
3-2 [(b) The per diem and expenses of the members of the Board
3-3 shall be paid from the Architectural Examiners Fund.]
3-4 [(c) General revenue funds may not be used for the
3-5 administration of this Act except as provided by the General
3-6 Appropriations Act.]
3-7 SECTION 1.05. Section 4C(a), Chapter 478, Acts of the 45th
3-8 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
3-9 Civil Statutes), is amended to read as follows:
3-10 (a) Each of the following fees imposed by or under another
3-11 section of this Act is increased by $200:
3-12 (1) [fee for application for examination;]
3-13 [(2) fee for out-of-state application for examination;]
3-14 [(3)] fee for application for certificate by person
3-15 possessing a valid certificate or license to practice architecture
3-16 in another state; and
3-17 (2) [(4)] fee for renewal of certificate of
3-18 registration.
3-19 SECTION 1.06. Section 5A(a), Chapter 478, Acts of the 45th
3-20 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
3-21 Civil Statutes), is amended to read as follows:
3-22 (a) The executive director or the executive director's
3-23 designee shall prepare and maintain a written policy statement to
3-24 assure implementation of a program of equal employment opportunity
3-25 under which all personnel transactions are made without regard to
3-26 race, color, disability [handicap], sex, religion, age, or national
3-27 origin. The policy statement must include:
3-28 (1) personnel policies, including policies relating to
3-29 recruitment, evaluation, selection, appointment, training, and
3-30 promotion of personnel;
3-31 (2) a comprehensive analysis of the Board work force
3-32 that meets federal and state guidelines;
3-33 (3) procedures by which a determination can be made of
3-34 significant underutilization in the Board work force of all persons
3-35 for whom federal or state guidelines encourage a more equitable
3-36 balance; and
3-37 (4) reasonable methods to appropriately address those
3-38 areas of significant underutilization.
3-39 SECTION 1.07. Section 6(a), Chapter 478, Acts of the 45th
3-40 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
3-41 Civil Statutes), is amended to read as follows:
3-42 (a) It shall be the duty of the [Texas] Board [of
3-43 Architectural Examiners] to hold meetings at least twice each year
3-44 at such times and places as the Board may determine for the purpose
3-45 of transacting its business and to examine all applicants for a
3-46 registration certificate for the practice of architecture in this
3-47 State on any subjects and procedures pertaining to architecture
3-48 which the Board in its discretion may require.
3-49 SECTION 1.08. Section 7, Chapter 478, Acts of the 45th
3-50 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
3-51 Civil Statutes), is amended to read as follows:
3-52 Sec. 7. [(a)] An applicant for examination for registration
3-53 as an architect in this State shall present a diploma from and be a
3-54 graduate of a recognized university or college of architecture
3-55 approved by the Board and shall also present evidence acceptable to
3-56 the Board of such applicant's having had satisfactory experience in
3-57 architecture, in the office or offices of one or more legally
3-58 practicing architects, as prescribed in the rules and regulations
3-59 adopted by the Board.
3-60 [(c) The Board shall also accept for examination, an
3-61 applicant, although not a graduate as above required, who possesses
3-62 all of the other qualifications and furnishes evidence acceptable
3-63 to the Board of his or her having completed not less than eight
3-64 years' satisfactory experience in architecture in the office or
3-65 offices of one or more legally practicing architects, or any
3-66 combination of architectural schooling and experience acceptable to
3-67 the Board totaling eight years.]
3-68 SECTION 1.09. Chapter 478, Acts of the 45th Legislature,
3-69 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
4-1 Statutes), is amended by adding Section 7A to read as follows:
4-2 Sec. 7A. (a) The Board shall deposit $10 of each
4-3 certificate of registration renewal fee collected under Section
4-4 12(c) of this Act to the credit of the scholarship fund for
4-5 architectural examination applicants. The scholarship fund for
4-6 architectural examination applicants is an account in the general
4-7 revenue fund that may be appropriated only to the Board to:
4-8 (1) provide scholarships to persons applying under
4-9 Section 6(b) of this Act for examination; and
4-10 (2) pay the Board's associated administrative costs.
4-11 (b) Interest earned on the scholarship fund for
4-12 architectural examination applicants shall be credited to the fund.
4-13 (c) The Board may not use more than 15 percent of the amount
4-14 appropriated to the Board under Subsection (a) of this section to
4-15 pay the Board's administrative costs.
4-16 (d) The amount of each scholarship is the lesser of $500 or
4-17 the fee prescribed by the Board for the examination.
4-18 (e) The legislature finds that a public purpose of the state
4-19 is served by the scholarships awarded under this section by:
4-20 (1) promoting the professional needs of the state;
4-21 (2) increasing the number of highly trained and
4-22 educated registered architects available to serve the residents of
4-23 the state;
4-24 (3) improving the state's business environment and
4-25 encouraging economic development; and
4-26 (4) identifying, recognizing, and supporting
4-27 outstanding applicants who plan to pursue careers in architecture.
4-28 (f) The Board shall establish and administer scholarships in
4-29 a manner that the Board determines best serves the public purpose
4-30 of the scholarships. In determining what best promotes the public
4-31 purpose, the Board shall consider at a minimum the financial need
4-32 of each person applying for a scholarship under this section.
4-33 (g) The Board shall adopt rules as necessary for the
4-34 administration of this section.
4-35 SECTION 1.10. Section 8(b), Chapter 478, Acts of the 45th
4-36 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
4-37 Civil Statutes), is amended to read as follows:
4-38 (b) All applications under this Section shall be accompanied
4-39 by a fee prescribed by the Board in an amount that is reasonable
4-40 and necessary to cover the cost of [$150 payable to the Texas Board
4-41 of Architectural Examiners for the] processing and investigating
4-42 [of] the application [so filed] and issuing [for the issuance of]
4-43 the certificate herein provided for. The provisions of this
4-44 section shall apply only where the laws, legal requirements and
4-45 regulations of such other jurisdiction extend like or similar
4-46 privileges to practice architecture in such other jurisdiction to
4-47 registered architects of this State.
4-48 SECTION 1.11. Sections 11(b), (i), (l), (n), (o), and (q),
4-49 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
4-50 (Article 249a, Vernon's Texas Civil Statutes), are amended to read
4-51 as follows:
4-52 (b) The Board may revoke or suspend a registration
4-53 certificate, place on probation a person whose registration
4-54 certificate has been suspended, reprimand a person registered under
4-55 this Act, or assess an administrative penalty against a person,
4-56 regardless of the person's registration status, [registered under
4-57 this Act] in an amount not to exceed $1,000 on the following
4-58 grounds:
4-59 (1) a violation of this Act or of a rule of the Board
4-60 adopted under this Act;
4-61 (2) a cause for which the Board is authorized to
4-62 refuse to grant a registration certificate;
4-63 (3) gross incompetency;
4-64 (4) recklessness in the construction or alteration of
4-65 a building by an architect designing, planning, or observing the
4-66 construction or alteration;
4-67 (5) dishonest practice by one holding a registration
4-68 certificate; or
4-69 (6) for failing to timely provide plans and
5-1 specifications to the Texas Department of Licensing and Regulation
5-2 as required by Article 9102, Revised Statutes.
5-3 (i) If the person charged requests a hearing or fails timely
5-4 to respond to the notice, the board shall set a hearing and give
5-5 notice of the hearing. All proceedings under this subsection
5-6 relating to a person charged who holds a registration certificate
5-7 issued by the Board are subject to Chapter 2001, Government Code
5-8 [the Administrative Procedure and Texas Register Act (Article
5-9 6252-13a, Vernon's Texas Civil Statutes)].
5-10 (l) If the person charged holds a registration certificate
5-11 issued by the Board, the Board's order becomes final as provided by
5-12 Section 2001.144, Government Code. If the person charged does not
5-13 hold a registration certificate issued by the Board, the Board's
5-14 order becomes final on the 20th day after the date the order is
5-15 rendered. Within the 30 days after the date on which the Board's
5-16 order becomes final [as provided by Section 16(c), Administrative
5-17 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
5-18 Civil Statutes)], the person charged with the penalty shall pay the
5-19 penalty in full unless the person has filed a petition for judicial
5-20 review of the order.
5-21 (n) [Failure to comply timely with the requirements of
5-22 Subsection (m) of this section results in a waiver of all legal
5-23 rights to judicial review.] If the person charged fails to pay the
5-24 penalty in full as provided by Subsection (l) of this section or to
5-25 timely comply with Subsection (m) of this section, the Board may
5-26 forward the matter to the attorney general for enforcement.
5-27 (o) Judicial review of the order or decision of the Board
5-28 assessing the penalty shall be under the substantial evidence rule
5-29 and shall be instituted by filing a petition with a district court
5-30 in Travis County, as provided by Subchapter G, Chapter 2001,
5-31 Government Code [Section 19, Administrative Procedure and Texas
5-32 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
5-33 (q) A penalty collected under this section shall be
5-34 deposited [in the state treasury] to the credit of the general
5-35 revenue fund.
5-36 SECTION 1.12. Sections 12(c)-(h), Chapter 478, Acts of the
5-37 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
5-38 Texas Civil Statutes), are amended to read as follows:
5-39 (c) The Board shall set the required renewal fee [fees in
5-40 amounts not to exceed $75] for residents in an amount that is
5-41 reasonable and necessary to cover administrative costs plus $10.
5-42 The required renewal fee [nor $150] for nonresidents shall be in an
5-43 amount determined by the Board.
5-44 (d) Upon receipt of the required fee within the time and in
5-45 the manner provided by this section and receipt of proof
5-46 satisfactory to the Board of compliance with the continuing
5-47 education requirement of the Board, the designated officer or
5-48 employee of the Board shall issue to the registered architect a
5-49 certificate of renewal of his or her registration certificate for
5-50 the term of one year.
5-51 (e) A person may renew an unexpired registration certificate
5-52 by:
5-53 (1) paying to the Board before the expiration date the
5-54 required renewal fee; and
5-55 (2) submitting to the Board proof satisfactory to the
5-56 Board of compliance with the continuing education requirement of
5-57 the Board.
5-58 (f) If a person's registration has been expired for 90 days
5-59 or less, the person may renew the registration by:
5-60 (1) paying to the Board the unpaid [required] renewal
5-61 fee and a penalty fee in an amount determined by the Board; and
5-62 (2) submitting to the Board proof satisfactory to the
5-63 Board of compliance with the continuing education requirement of
5-64 the Board [that is one-half of the examination fee].
5-65 (g) If a person's registration has been expired for longer
5-66 than 90 days but less than one year, the person may renew the
5-67 registration by:
5-68 (1) paying to the Board the unpaid renewal fee and a
5-69 penalty fee in an amount determined by the Board; and
6-1 (2) submitting to the Board proof satisfactory to the
6-2 Board of compliance with the continuing education requirement of
6-3 the Board [that is equal to the examination fee for the
6-4 registration].
6-5 (h) If failure to renew continues for one year or longer
6-6 after the date of expiration of the certificate of registration,
6-7 such certificate to practice architecture in this State may be
6-8 revoked and an entry of such revocation made in the official
6-9 records of the Board; and thereafter the applicant may be required
6-10 in the discretion of the Board in each case to take and
6-11 satisfactorily pass such examination as may be prescribed by the
6-12 Board, and if the applicant passes such examination successfully
6-13 the fee to be paid upon the reinstatement of the registration
6-14 certificate shall be in an amount determined by the Board [equal to
6-15 the examination fee].
6-16 SECTION 1.13. Section 14, Chapter 478, Acts of the 45th
6-17 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-18 Civil Statutes), is amended to read as follows:
6-19 Sec. 14. EXCEPTIONS FROM ACT. The following persons shall
6-20 be exempt from the provisions of this Act, provided that such
6-21 persons do not in any manner represent themselves to be an
6-22 architect, architectural designer, or other title of profession or
6-23 business using some form of the word "Architect" as prohibited by
6-24 Section 13 of this Act:
6-25 1. a person who engages in or is employed in the
6-26 practice of architecture solely as an officer or employee of the
6-27 United States, but persons so engaged or employed shall not engage
6-28 in the private practice of architecture in this State without first
6-29 having a registration certificate as herein provided;
6-30 2. a person who is a legally qualified architect
6-31 residing in another State or country outside the border of the
6-32 United States, who does not maintain nor open offices in this
6-33 State, who agrees to perform or holds himself or herself out as
6-34 able to perform any of the professional services involved in the
6-35 practice of architecture, provided that when performing the
6-36 architectural service in this State, he or she employs a resident
6-37 registered architect of this State as a consultant, or acts as a
6-38 consultant of a registered architect in this State or first becomes
6-39 registered as an architect in this State as provided by this Act;
6-40 3. a person who prepares architectural plans and
6-41 specifications for or observes or supervises the alteration of any
6-42 building, provided the alteration will not involve structural or
6-43 exitway changes to the building which are substantial and major.
6-44 The plans and specifications for an alteration to a
6-45 building described in Subdivision (4) of this section may be
6-46 prepared by a person who is not a registered architect;
6-47 4. a person who prepares architectural plans and
6-48 specifications for or observes or supervises the construction,
6-49 enlargement, or alteration of a privately owned building which is:
6-50 (A) a building used primarily for farm, ranch,
6-51 or agricultural purposes or used primarily for storage of raw
6-52 agricultural commodities;
6-53 (B) a single-family or a dual-family dwelling
6-54 and any buildings and appurtenances associated with such dwelling;
6-55 (C) a multifamily dwelling that does not exceed
6-56 a height of two (2) stories and does not exceed sixteen (16) units
6-57 per building; or
6-58 (D) a building that does not exceed a height of
6-59 two (2) stories and does not exceed a square footage of 20,000
6-60 square feet [unless the building is described in Paragraphs (A) and
6-61 (B) of this subdivision;]
6-62 [(E) a building that does not exceed a square
6-63 footage of twenty thousand (20,000) square feet unless the building
6-64 is described in Paragraphs (A), (B), and (C) of this subdivision].
6-65 ARTICLE 2. REGULATION OF PRACTICE OF LANDSCAPE ARCHITECTURE
6-66 SECTION 2.01. Section 4(b), Chapter 457, Acts of the 61st
6-67 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
6-68 Civil Statutes), is amended to read as follows:
6-69 (b) The board may set a fee for any action of the board
7-1 involving an administrative expense in an amount that is reasonable
7-2 and necessary to cover the cost of the administration of this Act,
7-3 unless otherwise set by this Act or by the General Appropriations
7-4 Act. The board may accept payment of a fee by electronic means.
7-5 If a fee is paid by electronic means, the board may charge a fee
7-6 for processing the payment by electronic means. The board shall
7-7 set the processing fee in an amount that is reasonably related to
7-8 the expense incurred by the board in processing the payment by
7-9 electronic means, not to exceed five percent of the amount of the
7-10 fee.
7-11 SECTION 2.02. Section 5(a), Chapter 457, Acts of the 61st
7-12 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
7-13 Civil Statutes), is amended to read as follows:
7-14 (a) No person shall represent himself as a landscape
7-15 architect, as defined herein, unless such person holds a
7-16 certificate of registration as a landscape architect issued by the
7-17 board. A person must [has previously qualified to be registered
7-18 under this Act or] satisfactorily pass [passes] the examination as
7-19 may be prescribed by the board to be registered as provided herein.
7-20 Any [The following persons shall be qualified for registration and
7-21 receive a registration certificate: any] person who has graduated
7-22 from a landscape architectural educational program recognized and
7-23 [a degree from a school whose study of landscape architecture is]
7-24 approved by the board and has had satisfactory experience in
7-25 landscape architecture as required by rules adopted by the board [,
7-26 or shall have had not less than seven years' actual experience in
7-27 the office of a registered landscape architect,] may apply for
7-28 examination. The application must be accompanied by a registration
7-29 fee, set by the board in an amount that is reasonable and necessary
7-30 to defray administrative costs[, not to exceed $250]. The
7-31 examination shall be approved by the members of the board and shall
7-32 be given by the board at its office in Austin, Travis County,
7-33 Texas, or such other place as the board may determine or designate.
7-34 The scope of the examination and the methods of procedure shall be
7-35 prescribed by the board with special reference to the applicant's
7-36 ability which will insure safety to the public welfare and [the]
7-37 property rights.
7-38 SECTION 2.03. Sections 7(d)-(h), Chapter 457, Acts of the
7-39 61st Legislature, Regular Session, 1969 (Article 249c, Vernon's
7-40 Texas Civil Statutes), are amended to read as follows:
7-41 (d) Upon receipt of the required fee within the time and in
7-42 the manner provided by this section and receipt of proof
7-43 satisfactory to the board of compliance with the continuing
7-44 education requirement of the board, the designated officer or
7-45 employee of the board shall issue to the licensed landscape
7-46 architect a certificate of renewal of his registration certificate
7-47 for the term of one year.
7-48 (e) A person may renew an unexpired registration certificate
7-49 by:
7-50 (1) paying to the board before the expiration date the
7-51 required renewal fee; and
7-52 (2) submitting to the board proof satisfactory to the
7-53 board of compliance with the continuing education requirement of
7-54 the board.
7-55 (f) If a person's registration has been expired for 90 days
7-56 or less, the person may renew the registration by:
7-57 (1) paying to the board all unpaid [the required]
7-58 renewal fees [fee] and a penalty fee in an amount determined by the
7-59 board; and
7-60 (2) submitting to the board proof satisfactory to the
7-61 board of compliance with the continuing education requirement of
7-62 the board [that is one-half of the examination fee].
7-63 (g) If a person's registration has been expired for longer
7-64 than 90 days but less than one year, the person may renew the
7-65 registration by:
7-66 (1) paying to the board all unpaid renewal fees and a
7-67 penalty fee in an amount determined by the board; and
7-68 (2) submitting to the board proof satisfactory to the
7-69 board of compliance with the continuing education requirement of
8-1 the board [that is equal to the examination fee for the
8-2 registration].
8-3 (h) If failure to renew continues for one year or longer
8-4 after the date of expiration of the certificate of registration,
8-5 the certificate may be revoked after notice and hearing as provided
8-6 by this Act and an entry of the revocation made in the official
8-7 records of the board. The board may require an applicant for
8-8 renewal whose registration has been revoked under this subsection
8-9 to pass the registration examination. If the applicant passes the
8-10 examination, the registration may be renewed on payment of a fee in
8-11 an amount determined by the board [equal to the examination fee].
8-12 SECTION 2.04. Section 8, Chapter 457, Acts of the 61st
8-13 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
8-14 Civil Statutes), is amended by amending Subsections (a) and (c)-(e)
8-15 and adding Subsections (f)-(q) to read as follows:
8-16 (a) The board may [shall] revoke or suspend a [the]
8-17 certificate of registration, place on probation a person whose
8-18 certificate of registration has been suspended, [or] reprimand a
8-19 person registered under this Act, or assess an administrative
8-20 penalty against a person, regardless of the person's registration
8-21 status, in an amount not to exceed $1,000 on the following grounds:
8-22 (1) Violations of provisions of this Act or of a rule
8-23 of the board adopted under this Act;
8-24 (2) The practice of any fraud or deceit in obtaining a
8-25 certificate of registration;
8-26 (3) Any gross negligence, incompetency, or misconduct
8-27 in the practice of landscape architecture;
8-28 (4) Holding himself out to the public or any member
8-29 thereof as an engineer or making use of the words "engineer,"
8-30 "engineered," "professional engineer," "P.E.," or any other terms
8-31 tending to create the impression that such registrant is authorized
8-32 to practice engineering or any other profession unless he is
8-33 licensed under provisions of the Texas Engineering Practice Act or
8-34 the other applicable licensing laws of this state.
8-35 (5) Holding himself out to the public or any member
8-36 thereof as a surveyor or making use of the words "surveyor,"
8-37 "surveyed," "registered professional land surveyor," or any other
8-38 terms tending to create the impression that such registrant is
8-39 authorized to practice surveying or any other profession unless he
8-40 is licensed under the Professional Land Surveying Practices Act
8-41 (Article 5282c, Vernon's Texas Civil Statutes) or the other
8-42 applicable licensing laws of this state.
8-43 (c) A resident of this state may file with the [secretary of
8-44 the] board a written statement charging a registrant with grounds
8-45 for the discipline of the [a] registrant. The statement must be
8-46 verified [and filed with three copies]. Upon receipt of a
8-47 statement charging grounds for discipline, the board shall
8-48 investigate the charges to determine whether they support
8-49 disciplinary sanctions.
8-50 (d) If the board proposes to suspend or revoke a person's
8-51 certificate of registration, the person is entitled to a hearing
8-52 before the board or a hearings officer appointed by the board. The
8-53 board shall prescribe procedures by which all decisions to suspend
8-54 or revoke are made by or are appealable to the board.
8-55 (e) If, after investigation of the facts surrounding an
8-56 allegation of a ground for a sanction provided by this section, the
8-57 executive director determines that a ground exists for a sanction,
8-58 the executive director may issue a report stating the facts on
8-59 which the determination that a ground exists for a sanction is
8-60 based, recommending that an administrative penalty under this
8-61 section be imposed on the person charged, and recommending the
8-62 amount of that proposed penalty. The executive director shall base
8-63 the recommended amount of the proposed penalty on the seriousness
8-64 of the determined ground. The seriousness of the ground shall be
8-65 determined by consideration of the factors prescribed by Subsection
8-66 (j) of this section.
8-67 (f) Not later than the 14th day after the date on which the
8-68 report is issued, the executive director shall give written notice
8-69 of the report to the person charged. The notice shall include a
9-1 brief summary of the charges, a statement of the amount of the
9-2 penalty recommended, and a statement of the right of the person
9-3 charged to a hearing on the occurrence of a ground for the penalty
9-4 or on the amount of the penalty, or both the occurrence of the
9-5 ground and the amount of the penalty.
9-6 (g) Not later than the 20th day after the date on which the
9-7 notice is received, the person charged may accept the determination
9-8 of the executive director, including the recommended penalty, or
9-9 may make a request for a hearing on the determination.
9-10 (h) If the person charged accepts the determination of the
9-11 executive director, the board shall issue an order approving the
9-12 determination and ordering the payment of the recommended penalty.
9-13 (i) If the person charged requests a hearing or fails timely
9-14 to respond to the notice, the board shall set a hearing and give
9-15 notice of the hearing. All proceedings under this subsection
9-16 relating to a person charged who holds a registration certificate
9-17 issued by the board are subject to Chapter 2001, Government Code.
9-18 (j) In determining the amount of the penalty, the board
9-19 shall consider:
9-20 (1) the seriousness of the conduct that is the source
9-21 of the ground, including consideration of the nature,
9-22 circumstances, extent, and gravity of any relevant acts or
9-23 omissions, and of the hazard or potential hazard created to the
9-24 health or safety of the public;
9-25 (2) the economic damage to property caused by the
9-26 conduct;
9-27 (3) the charged person's history concerning previous
9-28 grounds for sanction;
9-29 (4) the amount necessary to deter future grounds for
9-30 sanction;
9-31 (5) efforts to correct the ground for sanction; and
9-32 (6) any other matter justice may require.
9-33 (k) The executive director shall give notice of the board's
9-34 order to the person charged. The notice must include:
9-35 (1) the findings of fact and conclusions of law,
9-36 separately stated;
9-37 (2) the amount of the penalty ordered, if any;
9-38 (3) a statement of the right of the person charged to
9-39 judicial review of the board's order; and
9-40 (4) other information required by law.
9-41 (l) If the person charged holds a registration certificate
9-42 issued by the board, the board's order becomes final as provided by
9-43 Section 2001.144, Government Code. If the person charged does not
9-44 hold a registration certificate issued by the board, the board's
9-45 order becomes final on the 20th day after the date the order is
9-46 rendered. Within the 30 days after the date on which the board's
9-47 order becomes final, the person charged with the penalty shall pay
9-48 the penalty in full unless the person has filed a petition for
9-49 judicial review of the order.
9-50 (m) If the person files a petition for judicial review
9-51 contesting the amount of the penalty or the occurrence of the
9-52 ground for sanction, or both, the person shall, within 30 days
9-53 after the date on which the board's order becomes final:
9-54 (1) forward the amount of the penalty to the board for
9-55 placement in an escrow account;
9-56 (2) post with the board a supersedeas bond in a form
9-57 approved by the board for the amount of the penalty, the bond to be
9-58 effective until all judicial review of the order or decision is
9-59 final; or
9-60 (3) file with the board an affidavit sworn by the
9-61 person charged stating that the person is financially unable to
9-62 forward the amount of the penalty or to post the bond.
9-63 (n) If the person charged fails to pay the penalty in full
9-64 as provided by Subsection (l) of this section or to timely comply
9-65 with Subsection (m) of this section, the board may forward the
9-66 matter to the attorney general for enforcement.
9-67 (o) Judicial review of the order or decision of the board
9-68 assessing the penalty shall be under the substantial evidence rule
9-69 and shall be instituted by filing a petition with a district court
10-1 in Travis County, as provided by Subchapter G, Chapter 2001,
10-2 Government Code.
10-3 (p) If a penalty is reduced or is not assessed by the
10-4 reviewing court, the board shall remit to the person charged the
10-5 appropriate amount plus accrued interest if the penalty has been
10-6 paid or shall execute a release of the bond if a supersedeas bond
10-7 has been posted. The accrued interest on amounts remitted by the
10-8 board under this subsection shall be paid at a rate equal to the
10-9 rate charged on loans to depository institutions by the New York
10-10 Federal Reserve Bank and shall be paid for the period beginning on
10-11 the date the penalty is paid to the board under Subsection (l) of
10-12 this section and ending on the date the fine is remitted.
10-13 (q) A penalty collected under this section shall be
10-14 deposited to the credit of the general revenue fund. [The
10-15 secretary of the board shall cause a copy of the board's order
10-16 setting the time and place of the hearing and a copy of the
10-17 information contained in the written charges to be served upon the
10-18 accused at least 30 days before the date appointed in the order for
10-19 the hearing. The accused may appear in person or by counsel or
10-20 both, at the time and place named in the order and make his defense
10-21 to the same. The board shall have the power, through its chairman
10-22 or secretary, to administer oaths and compel the attendance of
10-23 witnesses before it as in civil cases in the district court, by
10-24 subpoena issued over the signature of the secretary and the seal of
10-25 the board.]
10-26 [(e) Any person who may feel himself aggrieved by reason of
10-27 the suspension or revocation of his certificate of registration of
10-28 the board, as hereinabove authorized, shall have the right to file
10-29 suit within 30 days of receiving notice of the board's order
10-30 suspending or revoking his certificate of registration in the
10-31 district court in the county of his residence or the county in
10-32 which the alleged events relied upon, and grounds for the
10-33 suspension or revocation, took place, to annul or vacate the order
10-34 of the board; said suit to be filed against the board as
10-35 defendant, and service of process may be had upon its chairman or
10-36 secretary. The only issues to be tried in such cause shall be
10-37 whether such person has been guilty as originally found by the
10-38 board, which issue shall be by trial de novo, as that term is
10-39 commonly used in connection with an appeal from the justice of the
10-40 peace court to the county court, and the substantial evidence rule
10-41 shall not apply.]
10-42 SECTION 2.05. Chapter 457, Acts of the 61st Legislature,
10-43 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
10-44 Statutes), is amended by adding Section 8D to read as follows:
10-45 Sec. 8D. SEAL. (a) Each landscape architect shall obtain
10-46 and keep a seal with which the person shall stamp or impress each
10-47 drawing or specification issued from the person's office for use in
10-48 this state.
10-49 (b) The board shall prescribe the form of the seal. The
10-50 design of the seal shall be the same as that used by the board,
10-51 except that it shall bear the words "Registered Landscape
10-52 Architect, State of Texas" instead of "Texas Board of Architectural
10-53 Examiners."
10-54 (c) A person may not use or attempt to use a seal described
10-55 by Subsection (b) of this section, a similar seal, or a replica of
10-56 a seal described by Subsection (b) of this section unless the use
10-57 is by and through a landscape architect.
10-58 (d) A landscape architect may not authorize or permit the
10-59 use of the landscape architect's seal by an unregistered person
10-60 without the landscape architect's personal supervision. The board
10-61 may cancel the registration certificate of a landscape architect
10-62 who violates this subsection.
10-63 SECTION 2.06. Section 9(a), Chapter 457, Acts of the 61st
10-64 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
10-65 Civil Statutes), is amended to read as follows:
10-66 (a) A person may not represent the person [who represents
10-67 himself] to be a landscape architect in this state without being
10-68 registered or exempted in accordance with the provisions of this
10-69 Act, present or attempt [any person presenting or attempting] to
11-1 use as the person's [his] own[,] the certificate of registration or
11-2 the seal of another, [or any person who shall] give any false or
11-3 forged evidence of any kind to the board or to any member thereof
11-4 in obtaining or assisting in attaining for another a certificate of
11-5 registration, or [any person who shall] violate any other provision
11-6 [of the provisions] of this Act. A person who violates this
11-7 section is subject to the penalties provided by Section 8 of this
11-8 Act[, shall be fined not less than $25 nor more than $200]. Each
11-9 day of such violation shall be a separate violation [offense].
11-10 SECTION 2.07. Section 10(b), Chapter 457, Acts of the 61st
11-11 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
11-12 Civil Statutes), is amended to read as follows:
11-13 (b) All sums of money paid to the board under the provisions
11-14 of this Act[,] shall be deposited to the credit of [in] the General
11-15 Revenue [Architectural Examiners] Fund.
11-16 SECTION 2.08. Chapter 457, Acts of the 61st Legislature,
11-17 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
11-18 Statutes), is amended by adding Section 11 to read as follows:
11-19 Sec. 11. SUBPOENA. (a) The board may request and, if
11-20 necessary, compel by subpoena the attendance of witnesses for
11-21 examination under oath and the production for inspection and
11-22 copying of books, accounts, records, papers, correspondence,
11-23 documents, and other evidence relevant to the investigation of
11-24 alleged violations of this Act.
11-25 (b) If a person fails to comply with a subpoena issued under
11-26 this section, the board, acting through the attorney general, may
11-27 file suit to enforce the subpoena in a district court in Travis
11-28 County or in the county in which a hearing conducted by the board
11-29 may be held. The court, if it determines that good cause exists
11-30 for the issuance of the subpoena, shall order compliance with the
11-31 requirements of the subpoena. Failure to obey the order of the
11-32 court may be punished by the court as contempt.
11-33 ARTICLE 3. REGULATION OF PRACTICE OF INTERIOR DESIGN
11-34 SECTION 3.01. Section 5, Article 249e, Revised Statutes, is
11-35 amended by amending Subsection (d) and adding Subsection (h) to
11-36 read as follows:
11-37 (d) The board shall adopt rules consistent with this article
11-38 for the general administration of its provisions as provided by
11-39 Chapters 2001 and 2002, Government Code [the Administrative
11-40 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
11-41 Civil Statutes)].
11-42 (h) The board may request and, if necessary, compel by
11-43 subpoena the attendance of witnesses for examination under oath and
11-44 the production for inspection and copying of books, accounts,
11-45 records, papers, correspondence, documents, and other evidence
11-46 relevant to the investigation of alleged violations of this
11-47 article. If a person fails to comply with a subpoena issued under
11-48 this subsection, the board, acting through the attorney general,
11-49 may file suit to enforce the subpoena in a district court in Travis
11-50 County or in the county in which a hearing conducted by the board
11-51 may be held. The court, if it determines that good cause exists
11-52 for the issuance of the subpoena, shall order compliance with the
11-53 requirements of the subpoena. Failure to obey the order of the
11-54 court may be punished by the court as contempt.
11-55 SECTION 3.02. Section 6, Article 249e, Revised Statutes, is
11-56 amended by amending Subsections (a) and (b) and adding Subsection
11-57 (d) to read as follows:
11-58 (a) All fees received by the board under this article shall
11-59 be deposited to the credit of the general revenue [architectural
11-60 examiners] fund [and may be spent by the board only in the
11-61 administration of its statutory powers and duties].
11-62 (b) The board shall set the following fees, unless otherwise
11-63 set in the General Appropriations Act, in amounts that are
11-64 reasonable and necessary to cover the costs of the administration
11-65 of this article:
11-66 (1) a registration application fee [in an amount not
11-67 to exceed $100];
11-68 (2) an annual registration renewal fee [in an amount
11-69 not to exceed $100];
12-1 (3) a reciprocal registration fee [in an amount not to
12-2 exceed $100]; and
12-3 (4) an examination fee.
12-4 (d) The board may accept payment of a fee by electronic
12-5 means. If a fee is paid by electronic means, the board may charge
12-6 a fee for processing the payment by electronic means. The board
12-7 shall set the processing fee in an amount that is reasonably
12-8 related to the expense incurred by the board in processing the
12-9 payment by electronic means, not to exceed five percent of the
12-10 amount of the fee.
12-11 SECTION 3.03. Sections 9(b), (c), and (d), Article 249e,
12-12 Revised Statutes, are amended to read as follows:
12-13 (b) The application for admission to the registration
12-14 examination must be accompanied by evidence satisfactory to the
12-15 board that the applicant[:]
12-16 [(1) has engaged in professional education in interior
12-17 design and has experience in the field of interior design for
12-18 periods that, when combined, total at least six years; or]
12-19 [(2)] has graduated from an interior design
12-20 educational program recognized and approved by the board and has
12-21 [at least one year of] professional experience in the field of
12-22 interior design.
12-23 (c) [In determining eligibility for the examination under
12-24 Subsection (b)(1) of this section, the board may not give credit
12-25 for more than five years of professional education.]
12-26 [(d)] The board shall adopt rules establishing standards
12-27 for:
12-28 (1) the amounts and types of professional [education
12-29 and] experience necessary for registration examination eligibility;
12-30 and
12-31 (2) the recognition and approval of interior design
12-32 educational programs.
12-33 SECTION 3.04. Sections 14(b), (c), and (e), Article 249e,
12-34 Revised Statutes, are amended to read as follows:
12-35 (b) If a person's registration certificate has been expired
12-36 for 90 days or less, the person may renew the registration by:
12-37 (1) paying to the board the unpaid [required] renewal
12-38 fee and a penalty fee in an amount determined by the board; and
12-39 (2) submitting to the board proof satisfactory to the
12-40 board of compliance with the continuing education requirement of
12-41 the board [that is one-half of the registration examination fee].
12-42 (c) If a person's registration certificate has been expired
12-43 for longer than 90 days but less than one year, the person may
12-44 renew the registration by:
12-45 (1) paying to the board the unpaid renewal fee and a
12-46 penalty fee in an amount determined by the board; and
12-47 (2) submitting to the board proof satisfactory to the
12-48 board of compliance with the continuing education requirement of
12-49 the board [that is equal to the registration examination fee].
12-50 (e) If failure to renew continues for one year or longer
12-51 after the date of expiration of the registration certificate, the
12-52 certificate may be revoked. The board may require an applicant for
12-53 renewal whose registration has been revoked under this subsection
12-54 to pass the registration examination. If the applicant passes the
12-55 examination, the registration may be renewed on payment of a fee in
12-56 an amount determined by the board [equal to the examination fee].
12-57 SECTION 3.05. Article 249e, Revised Statutes, is amended by
12-58 adding Section 17 to read as follows:
12-59 Sec. 17. ADMINISTRATIVE PENALTY. (a) The board may assess
12-60 an administrative penalty against a person on a ground provided by
12-61 Section 15(a) of this article, including a violation of Section 3
12-62 of this article.
12-63 (b) If, after investigation of the facts surrounding an
12-64 allegation of a ground for a sanction provided by Section 15(a) of
12-65 this article, including a violation of Section 3 of this article,
12-66 the executive director determines that a ground exists for a
12-67 sanction, the executive director may issue a report stating the
12-68 facts on which the determination that a ground exists for a
12-69 sanction is based, recommending that an administrative penalty
13-1 under this section be imposed on the person charged, and
13-2 recommending the amount of that proposed penalty. The executive
13-3 director shall base the recommended amount of the proposed penalty
13-4 on the seriousness of the determined ground. The seriousness of
13-5 the ground shall be determined by consideration of the factors
13-6 prescribed by Subsection (g) of this section.
13-7 (c) Not later than the 14th day after the date on which the
13-8 report is issued, the executive director shall give written notice
13-9 of the report to the person charged. The notice shall include a
13-10 brief summary of the charges, a statement of the amount of the
13-11 penalty recommended, and a statement of the right of the person
13-12 charged to a hearing on the occurrence of a ground for the penalty
13-13 or on the amount of the penalty, or both the occurrence of the
13-14 ground and the amount of the penalty.
13-15 (d) Not later than the 20th day after the date on which the
13-16 notice is received, the person charged may accept the determination
13-17 of the executive director, including the recommended penalty, or
13-18 may make a request for a hearing on the determination.
13-19 (e) If the person charged accepts the determination of the
13-20 executive director, the board shall issue an order approving the
13-21 determination and ordering the payment of the recommended penalty.
13-22 (f) If the person charged requests a hearing or fails timely
13-23 to respond to the notice, the board shall set a hearing and give
13-24 notice of the hearing. All proceedings under this subsection
13-25 relating to a person charged who holds a registration certificate
13-26 issued by the board are subject to Chapter 2001, Government Code.
13-27 (g) In determining the amount of the penalty, the board
13-28 shall consider:
13-29 (1) the seriousness of the conduct that is the source
13-30 of the ground, including consideration of the nature,
13-31 circumstances, extent, and gravity of any relevant acts or
13-32 omissions, and of the hazard or potential hazard created to the
13-33 health or safety of the public;
13-34 (2) the economic damage to property caused by the
13-35 conduct;
13-36 (3) the charged person's history concerning previous
13-37 grounds for sanction;
13-38 (4) the amount necessary to deter future grounds for
13-39 sanction;
13-40 (5) efforts to correct the ground for sanction; and
13-41 (6) any other matter justice may require.
13-42 (h) The executive director shall give notice of the board's
13-43 order to the person charged. The notice must include:
13-44 (1) the findings of fact and conclusions of law,
13-45 separately stated;
13-46 (2) the amount of the penalty ordered, if any;
13-47 (3) a statement of the right of the person charged to
13-48 judicial review of the board's order; and
13-49 (4) other information required by law.
13-50 (i) If the person charged holds a registration certificate
13-51 issued by the board, the board's order becomes final as provided by
13-52 Section 2001.144, Government Code. If the person charged does not
13-53 hold a registration certificate issued by the board, the board's
13-54 order becomes final on the 20th day after the date the order is
13-55 rendered. Within the 30 days after the date on which the board's
13-56 order becomes final, the person charged with the penalty shall pay
13-57 the penalty in full unless the person has filed a petition for
13-58 judicial review of the order.
13-59 (j) If the person files a petition for judicial review
13-60 contesting the amount of the penalty or the occurrence of the
13-61 ground for sanction, or both, the person shall, within 30 days
13-62 after the date on which the board's order becomes final:
13-63 (1) forward the amount of the penalty to the board for
13-64 placement in an escrow account;
13-65 (2) post with the board a supersedeas bond in a form
13-66 approved by the board for the amount of the penalty, the bond to be
13-67 effective until all judicial review of the order or decision is
13-68 final; or
13-69 (3) file with the board an affidavit sworn by the
14-1 person charged stating that the person is financially unable to
14-2 forward the amount of the penalty or to post the bond.
14-3 (k) If the person charged fails to pay the penalty in full
14-4 as provided by Subsection (i) of this section or to timely comply
14-5 with Subsection (j) of this section, the board may forward the
14-6 matter to the attorney general for enforcement.
14-7 (l) Judicial review of the order or decision of the board
14-8 assessing the penalty shall be under the substantial evidence rule
14-9 and shall be instituted by filing a petition with a district court
14-10 in Travis County, as provided by Subchapter G, Chapter 2001,
14-11 Government Code.
14-12 (m) If a penalty is reduced or is not assessed by the
14-13 reviewing court, the board shall remit to the person charged the
14-14 appropriate amount plus accrued interest if the penalty has been
14-15 paid or shall execute a release of the bond if a supersedeas bond
14-16 has been posted. The accrued interest on amounts remitted by the
14-17 board under this subsection shall be paid at a rate equal to the
14-18 rate charged on loans to depository institutions by the New York
14-19 Federal Reserve Bank and shall be paid for the period beginning on
14-20 the date the penalty is paid to the board under Subsection (i) of
14-21 this section and ending on the date the fine is remitted.
14-22 (n) A penalty collected under this section shall be
14-23 deposited to the credit of the general revenue fund.
14-24 ARTICLE 4. TRANSITION; EFFECTIVE DATE; EMERGENCY
14-25 SECTION 4.01. (a) The change in law made by Section 1.08 of
14-26 this Act applies only to an applicant who has not begun obtaining
14-27 architectural schooling or experience described by Section 7(c),
14-28 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
14-29 (Article 249a, Vernon's Texas Civil Statutes), before the effective
14-30 date of this Act. An applicant who has begun obtaining
14-31 architectural schooling or experience described by that subsection
14-32 before the effective date of this Act is governed by the law as it
14-33 existed immediately before the effective date of this Act, and that
14-34 law is continued in effect for that purpose.
14-35 (b) The change in law made by Section 2.02 of this Act
14-36 applies only to an applicant who has not begun obtaining
14-37 professional education or experience described by Section 5(a),
14-38 Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
14-39 (Article 249c, Vernon's Texas Civil Statutes), before the effective
14-40 date of this Act. An applicant who has begun obtaining
14-41 professional education or experience described by that subsection
14-42 before the effective date of this Act is governed by the law as it
14-43 existed immediately before the effective date of this Act, and that
14-44 law is continued in effect for that purpose.
14-45 (c) The change in law made by Section 3.03 of this Act
14-46 applies only to an applicant who has not begun obtaining
14-47 professional education or experience described by Section 9(b)(1),
14-48 Article 249e, Revised Statutes, before the effective date of this
14-49 Act. An applicant who has begun obtaining professional education
14-50 or experience described by that subsection before the effective
14-51 date of this Act is governed by the law as it existed immediately
14-52 before the effective date of this Act, and that law is continued in
14-53 effect for that purpose.
14-54 SECTION 4.02. This Act takes effect September 1, 1999.
14-55 SECTION 4.03. The importance of this legislation and the
14-56 crowded condition of the calendars in both houses create an
14-57 emergency and an imperative public necessity that the
14-58 constitutional rule requiring bills to be read on three several
14-59 days in each house be suspended, and this rule is hereby suspended.
14-60 * * * * *