1-1 AN ACT
1-2 relating to the regulation of architecture, landscape architecture,
1-3 and interior design by the Texas Board of Architectural Examiners.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7A, Chapter 478, Acts of the 45th
1-6 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
1-7 Civil Statutes), is reenacted and amended to read as follows:
1-8 Sec. 7A. EXAMINATION FEE SCHOLARSHIPS [SCHOLARSHIP FUND].
1-9 (a) The Board shall deposit the examination fee scholarship
1-10 portion [$10] of each certificate of registration renewal fee
1-11 collected under Section 11A(b) or 12(c) of this Act to the credit
1-12 of the scholarship fund for architectural examination applicants.
1-13 The scholarship fund for architectural examination applicants is an
1-14 account in the general revenue fund that may be appropriated only
1-15 to the Board to:
1-16 (1) provide scholarships to persons applying under
1-17 Section 6(b) of this Act for examination; and
1-18 (2) pay the [Board's associated] administrative costs
1-19 associated with the examination fee scholarship program.
1-20 (b) Interest earned on the scholarship fund for
1-21 architectural examination applicants shall be credited to the fund.
1-22 At the end of each state fiscal year, any unexpended balance in the
1-23 scholarship fund shall remain in the fund.
1-24 (c) Not [The Board may not use] more than 15 percent of the
2-1 amount appropriated to the Board under Subsection (a) of this
2-2 section may be used to pay the scholarship program's [Board's]
2-3 administrative costs. The Board may contract with the Texas
2-4 Higher Education Coordinating Board or a private entity to
2-5 administer the examination fee scholarship program established
2-6 under this section.
2-7 (d) The amount of each scholarship is the lesser of $500 or
2-8 the fee prescribed by the Board for the examination.
2-9 (e) The legislature finds that a public purpose of the state
2-10 is served by the scholarships awarded under this section by:
2-11 (1) promoting the professional needs of the state;
2-12 (2) increasing the number of highly trained and
2-13 educated registered architects available to serve the residents of
2-14 the state;
2-15 (3) improving the state's business environment and
2-16 encouraging economic development; and
2-17 (4) identifying, recognizing, and supporting
2-18 outstanding applicants who plan to pursue careers in architecture.
2-19 (f) The Board shall provide for the awarding of [establish
2-20 and administer] scholarships in a manner that the Board determines
2-21 best serves the public purpose of the scholarships. In determining
2-22 what best promotes the public purpose, the Board shall consider at
2-23 a minimum:
2-24 (1) the financial need of each person applying for a
2-25 scholarship under this section; and
2-26 (2) the importance of distributing the scholarships
2-27 among applicants who are graduates of the various universities or
3-1 colleges of architecture in this state.
3-2 (g) The Board shall adopt rules as necessary for the
3-3 administration of this section.
3-4 SECTION 2. Section 11(b), Chapter 478, Acts of the 45th
3-5 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
3-6 Civil Statutes), is amended to read as follows:
3-7 (b) The Board may revoke or suspend a registration
3-8 certificate, place on probation a person whose registration
3-9 certificate has been suspended, reprimand a person registered under
3-10 this Act, or assess an administrative penalty against a person,
3-11 regardless of the person's registration status, in an amount not to
3-12 exceed $1,000 on the following grounds:
3-13 (1) a violation of this Act or of a rule of the Board
3-14 adopted under this Act;
3-15 (2) a cause for which the Board is authorized to
3-16 refuse to grant a registration certificate;
3-17 (3) gross incompetency;
3-18 (4) recklessness in the construction or alteration of
3-19 a building by an architect designing, planning, or observing the
3-20 construction or alteration;
3-21 (5) dishonest practice by one holding a registration
3-22 certificate; or
3-23 (6) for failing to provide or to timely provide [plans
3-24 and specifications] to the Texas Department of Licensing and
3-25 Regulation any document designated [as required] by Article 9102,
3-26 Revised Statutes, as a document the person is required to provide
3-27 to the department.
4-1 SECTION 3. Section 11A(b), Chapter 478, Acts of the 45th
4-2 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
4-3 Civil Statutes), is amended to read as follows:
4-4 (b) A registered architect whose certificate of registration
4-5 is on inactive status must pay an annual [a] certificate of
4-6 registration renewal fee [of $10] on a date and in a manner
4-7 prescribed by Board rule. The Board shall prescribe the renewal
4-8 fee under this subsection in an amount equal to the sum of:
4-9 (1) the amount determined by the Board as reasonable
4-10 and necessary to cover the costs of administering this section; and
4-11 (2) the additional amount required under Section
4-12 12(c)(1)(B) of this Act for the examination fee scholarship
4-13 program.
4-14 SECTION 4. Section 12(c), Chapter 478, Acts of the 45th
4-15 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
4-16 Civil Statutes), is amended to read as follows:
4-17 (c) The Board shall set the required renewal fee for:
4-18 (1) residents in an amount equal to the sum of:
4-19 (A) the amount determined by the Board as [that
4-20 is] reasonable and necessary to cover administrative costs; and
4-21 (B) an amount, not to exceed $10, determined
4-22 annually by the Board as reasonable and necessary for the
4-23 administration of the examination fee scholarship program under
4-24 Section 11A of this Act; and
4-25 (2) [plus $10. The required renewal fee for]
4-26 nonresidents [shall be] in an amount determined by the Board.
4-27 SECTION 5. Section 6A(b), Chapter 457, Acts of the 61st
5-1 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
5-2 Civil Statutes), is amended to read as follows:
5-3 (b) A registered landscape architect whose certificate of
5-4 registration is on inactive status shall [is not required to] pay
5-5 an annual certificate of registration renewal fee on a date and in
5-6 a manner prescribed by board rule. The board shall prescribe the
5-7 renewal fee under this subsection in an amount determined by the
5-8 board as reasonable and necessary to cover the costs of
5-9 administering this section [fees].
5-10 SECTION 6. Section 8(a), Chapter 457, Acts of the 61st
5-11 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
5-12 Civil Statutes), is amended to read as follows:
5-13 (a) The board may revoke or suspend a certificate of
5-14 registration, place on probation a person whose certificate of
5-15 registration has been suspended, reprimand a person registered
5-16 under this Act, or assess an administrative penalty against a
5-17 person, regardless of the person's registration status, in an
5-18 amount not to exceed $1,000 on the following grounds:
5-19 (1) Violations of provisions of this Act or of a rule
5-20 of the board adopted under this Act;
5-21 (2) The practice of any fraud or deceit in obtaining a
5-22 certificate of registration;
5-23 (3) Any gross negligence, incompetency, or misconduct
5-24 in the practice of landscape architecture;
5-25 (4) Holding himself out to the public or any member
5-26 thereof as an engineer or making use of the words "engineer,"
5-27 "engineered," "professional engineer," "P.E.," or any other terms
6-1 tending to create the impression that such registrant is authorized
6-2 to practice engineering or any other profession unless he is
6-3 licensed under provisions of the Texas Engineering Practice Act or
6-4 the other applicable licensing laws of this state;[.]
6-5 (5) Holding himself out to the public or any member
6-6 thereof as a surveyor or making use of the words "surveyor,"
6-7 "surveyed," "registered professional land surveyor," or any other
6-8 terms tending to create the impression that such registrant is
6-9 authorized to practice surveying or any other profession unless he
6-10 is licensed under the Professional Land Surveying Practices Act
6-11 (Article 5282c, Vernon's Texas Civil Statutes) or the other
6-12 applicable licensing laws of this state; or
6-13 (6) Failing to provide or to timely provide to the
6-14 Texas Department of Licensing and Regulation any document
6-15 designated by Article 9102, Revised Statutes, as a document the
6-16 person is required to provide to the department.
6-17 SECTION 7. Section 8A, Chapter 457, Acts of the 61st
6-18 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
6-19 Civil Statutes), is amended to read as follows:
6-20 Sec. 8A. RESTRICTIONS ON ADVERTISING AND COMPETITIVE
6-21 BIDDING. (a) Except as provided by Subsection (b) of this section,
6-22 the [The] board may not adopt rules restricting advertising or
6-23 competitive bidding by registrants except to prohibit false,
6-24 misleading, or deceptive practices by registrants.
6-25 (b) The board shall adopt rules to prevent a person
6-26 regulated by the board from submitting a competitive bid to, or
6-27 soliciting a competitive bid on behalf of, a governmental entity
7-1 that is prohibited by Subchapter A, Chapter 2254, Government Code,
7-2 from making a selection or awarding a contract on the basis of
7-3 competitive bids.
7-4 SECTION 8. Section 13A(b), Article 249e, Revised Statutes, is
7-5 amended to read as follows:
7-6 (b) A registered interior designer whose certificate of
7-7 registration is on inactive status shall [is not required to] pay
7-8 an annual certificate of registration renewal fee on a date and in
7-9 a manner prescribed by board rule. The board shall prescribe the
7-10 renewal fee under this subsection in an amount determined by the
7-11 board as reasonable and necessary to cover the costs of
7-12 administering this section [fees].
7-13 SECTION 9. Section 15(a), Article 249e, Revised Statutes, is
7-14 amended to read as follows:
7-15 (a) The board shall deny registration of an applicant or may
7-16 revoke or suspend a registration certificate, place on probation a
7-17 registrant whose certificate has been suspended, or reprimand a
7-18 registrant if the applicant or registrant has:
7-19 (1) been convicted of a felony or of a misdemeanor
7-20 involving moral turpitude;
7-21 (2) obtained or attempted to obtain a registration
7-22 certificate by fraud or deception;
7-23 (3) been grossly negligent in performing professional
7-24 duties;
7-25 (4) practiced in a manner detrimental to the public
7-26 health, safety, or welfare;
7-27 (5) advertised in a manner that tends to deceive or
8-1 defraud the public;
8-2 (6) aided or abetted any person not registered under
8-3 this article in violating this article; [or]
8-4 (7) failed to comply with the requirements of this
8-5 article or with a rule of the board adopted under this article; or
8-6 (8) failed to provide or to timely provide to the
8-7 Texas Department of Licensing and Regulation any document
8-8 designated by Article 9102, Revised Statutes, as a document the
8-9 person is required to provide to the department.
8-10 SECTION 10. Subchapter C, Chapter 61, Education Code, is
8-11 amended by adding Section 61.0822 to read as follows:
8-12 Sec. 61.0822. CONTRACT WITH TEXAS BOARD OF ARCHITECTURAL
8-13 EXAMINERS. The board may contract with the Texas Board of
8-14 Architectural Examiners to administer the examination fee
8-15 scholarship program established under Section 7A, Chapter 478,
8-16 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
8-17 Vernon's Texas Civil Statutes).
8-18 SECTION 11. The change in law made by this Act to Section 7A,
8-19 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
8-20 (Article 249a, Vernon's Texas Civil Statutes), in addition to other
8-21 substantive changes made to that section, is intended to:
8-22 (1) re-create the scholarship fund for architectural
8-23 examination applicants, established by Section 1.10, Chapter 1371,
8-24 Acts of the 76th Legislature, Regular Session, 1999, as a separate
8-25 account in the general revenue fund; and
8-26 (2) rededicate the revenue to be deposited in that
8-27 account.
9-1 SECTION 12. (a) This Act takes effect September 1, 2001.
9-2 (b) The change in law made by this Act to Section 11(b),
9-3 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
9-4 (Article 249a, Vernon's Texas Civil Statutes); Section 8(a),
9-5 Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
9-6 (Article 249c, Vernon's Texas Civil Statutes); and Section 15(a),
9-7 Article 249e, Revised Statutes, applies only to a disciplinary
9-8 proceeding for an act or omission that occurs on or after the
9-9 effective date of this Act. An act or omission that occurs before
9-10 the effective date of this Act is governed by the law in effect on
9-11 the date the act or omission occurred, and the former law is
9-12 continued in effect for that purpose.
9-13 (c) The change in law made by this Act to Section 11A(b),
9-14 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
9-15 (Article 249a, Vernon's Texas Civil Statutes), applies only to the
9-16 payment by a registration holder on inactive status of a renewal
9-17 fee that becomes due on or after January 1, 2002.
9-18 (d) The Texas Board of Architectural Examiners shall
9-19 prescribe fees as required by Section 12(c), Chapter 478, Acts of
9-20 the 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
9-21 Texas Civil Statutes), as amended by this Act, not later than
9-22 January 1, 2002.
9-23 (e) The change in law made by this Act to Section 12(c),
9-24 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
9-25 (Article 249a, Vernon's Texas Civil Statutes), applies only to the
9-26 renewal of a certificate of registration that expires on or after
9-27 January 1, 2002. A certificate of registration that expires before
10-1 that date is governed by the law in effect immediately before the
10-2 effective date of this Act, and the former law is continued in
10-3 effect for that purpose.
10-4 (f) The Texas Board of Architectural Examiners shall adopt
10-5 rules under Section 6A(b), Chapter 457, Acts of the 61st
10-6 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
10-7 Civil Statutes), as amended by this Act, and Section 13A(b),
10-8 Article 249e, Revised Statutes, as amended by this Act, not later
10-9 than January 1, 2002, to establish renewal dates and procedures for
10-10 a person on inactive status.
10-11 (g) The Texas Board of Architectural Examiners shall adopt
10-12 rules under Section 8A(b), Chapter 457, Acts of the 61st
10-13 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
10-14 Civil Statutes), as added by this Act, not later than January 1,
10-15 2002.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1706 was passed by the House on May
8, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1706 was passed by the Senate on May
23, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor