By Farrar                                             H.B. No. 1706
         77R4762 JMM-D                           
                                A BILL TO BE ENTITLED
 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.